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What You Can Do if Your Child is Denied SPED Services

30 May

Your child is struggling in school.  You, or your child’s school, has requested that your child be tested to find out if they qualify for special education services.  You meet with the team and are informed that your child does not qualify for services.  It has been determined that your child is making “adequate progress.”  However, your child continues to struggle and is not receiving enough support at school.  What can you do to get the help that  your child needs to make progress?

First, you should know that you can challenge the school’s decision to not provide services; however, consider that the federal law says that even if the child has a qualifying disability they can be denied services if they are making progress in the general education curriculum.  Making progress is a term that can be interpreted differently, but to most schools it means not failing.   As parents, it is beyond frustrating to see our children working very hard to earn a “C”.  We want them to feel successful, be rewarded,  for all the hard work they do.  Eventually, many students give up because they feel that no matter how hard they work, they fail to get the grades they want.  It is very hard to convince a school district to put a “C” student on an IEP, but there are ways you can advocate for your child if they have been denied SPED services.

How to Advocate for your Child After They’ve Been Denied SPED Services:  

 

  1. Gather documents that prove your child is not making the same progress as his peers.  [Ask to see his file and look for reading level scores, benchmark testing results, end of year tests, etc.]
  2. Ask if the school will consider a 504 plan for your child if they denied them an IEP.  [A 504 plan is for accommodations in the general education classroom.  For example, extended test time, less homework, tutoring with the teacher, etc.]
  3. Start being very vigilant about your child’s progress.  [Question the teacher often about grades, assignments, and the progress they are making.  Write notes when homework is to difficult.  Ask for re-testing when they fail a test.  Speak with the principal if the teacher is not accommodating your requests.  Basically, be a pain in the neck so that the school staff begin to understand the level of difficulty your child is having.]
  4. After gathering more documentation, ask for mediation to resolve the dispute with the school. [Documentation being independent testing, a review of your child’s records, notes to and from the teacher and principal, etc.  You will need this information to prove your case with a mediator.)
  5. Tell the school right away (in writing and verbally)  that you disagree with their findings and/or the testing. [By doing this, your opinion goes on the record; and, if you get an independent evaluation, they may have to pay for some or all of it.]
  6. Request that the school do specific evaluations, such as a reading evaluation or functional behavioral assessment. [This will be helpful if your child’s school only performed an achievement test, such as the Woodcock-John or WIAT.]
  7. Tell the school you will be getting an outside evaluation done and they will be testing for specific learning disabilities. [The school must consider the results of an outside evaluation as equally as they consider their own testing results.  Also, depending on your income, they will be required to pay for all or some of the testing to be done.]

Remember that the best way to advocate for your child is to be armed with a lot of information.  Know all that you can about them as a learner, understand your child’s and your own rights, and know about the SPED process.  Here is a link to the Massachusetts Department of Education Notice of Procedural Safeguards (in plain English: A Guide to Your Rights and Your Child’s Rights)  Guide to Procedural Safeguards

IEP Process Guide

26 May

This is a guide to the IEP process that is published by the Massachusetts Department of Education.  Some laws and procedures may be different in some states, however, states are bound to the federal laws of IDEA.  Your state probably has a guide similar to this one on their state department of education website.  IEP Process guide

The Basic Special Education Process Under IDEA

26 May

The Basic Special Education Process Under IDEA

The writing of each student’s IEP takes place within the larger picture of the special education process under IDEA. Before taking a detailed look at the IEP, it may be helpful to look briefly at how a student is identified as having a disability and needing special education and related services and, thus, an IEP.

Step 1. Child is identified as possibly needing special education and related services. 

Child Find.” The state must identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do so, public school districts conduct “Child Find” activities. Parents may be asked if the school district can evaluate their child. Parents can also call the public school district and ask that their child be evaluated. Or–

Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child’s teacher or other school professional to ask that their child be evaluated. This request may be verbal or in writing. Parental consent is needed before the child may be evaluated. Evaluation needs to be completed within 45 school working days after the parent gives consent.

Step 2. Child is evaluated. 

The evaluation must assess the child in all areas related to the child’s suspected disability. The evaluation results will be used to decide the child’s eligibility for special education and related services and to make decisions about an appropriate educational program for the child.

Step 3. Eligibility is decided. 

A group of qualified professionals and the parents look at the child’s evaluation results. Together, they decide if the child is a “child with a disability,” as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision if they disagree with it.

Step 4. Child is found eligible for services. 

If the child is found to be a “child with a disability,” as defined by IDEA, he or she is eligible for special education and related services, and the IEP team will write an IEP for the child.

Once the student has been found eligible for services, the IEP must be written. Detailed information on the IEP process is available on the ESE Web site http://www.doe.mass.edu/sped/iep/.

1 This summary is taken from A Guide to the Individualized Education Program, published by the Office of Special Education and Rehabilitative Services U.S. Department of Education, July 2000, pages 5 – 7. It is slightly revised consistent with Massachusetts requirements. http://www.ed.gov/parents/needs/speced/iepguide/iepguide.doc