Tag Archives: Denied IEP

Qualifying for Special Education

5 Jun

In order to receive special education services your child must meet two requirements.  First, they must have a qualifying disability and second, they must not be making progress that would be expected for their age and grade-level.  What this means is that even if your child has a qualifying disability, they may not qualify for services because they are making progress without them.  According to the federal act IDEA, there are 10 types of disabilities that can qualify a child for special education services.  These disabilities categories* are:

  1. Autism:  PDD, Asperger syndrome
  2. Developmental delay:  Cerebral Palsy, Downs syndrome
  3. Intellectual impairment:  Cognitive impairment, mental retardation, chromosome disorders
  4. Sensory impairment:  Hearing or vision impairment or deafness or blindness
  5. Neurological impairment:  Brain injury, multiple sclerosis, epilepsy
  6. Emotional impairment:  Anxiety or mood disorders,  ODD, conduct disorder,  schizophrenia
  7.  Communication impairment:  Speech and language disorders
  8.  Physical impairment:  Muscular Dystrophy, spina bifida
  9.  Health impairment:  ADHD, asthma,
  10.  Specific learning disability (LD):  Dyslexia(LD in reading), dysgraphia(LD in writing), dyscalculia (LD in math)
*I have listed some examples of some diagnosis that might fall in these categories, but this is not a complete list and some disabilities may belong in more than one category.

Leveling the Playing Field with Accommodations

3 Jun

In order to be successful in school, many children need accommodations.  An accommodation is a change to an assignment or test, making it accessible to the disabled student.  It is not a different assignment or test, just a change to the format, timing, setting, response, or presentation.  If your child qualified for SPED services, then accommodations will be written into part A (General Curriculum) of their IEP.  If your child has a disability (such as ADHD, anxiety disorder, or dyslexia) but did not qualify, you can ask for a 504 plan.  A 504 plan is another type of document written for children that outlines the accommodations they can have in the general education classroom.  Both IEPs and 504 plans are legally binding documents and are confidential (meaning they are not part of your child’s official school records).  As their parent, you have the right to ask for a 504 plan and to take part in writing it.

In order to guarantee that your child gets the accommodations that they have a right to, a written document is highly recommended.  You should ask for one if your child has a documented disability, even if they’re not receiving failing grades.  Some schools will insist that they give all students accommodations or will say their teachers differentiate their instruction for all students.  This may be true, but unless your child has an IEP or 504 plan, the teachers are not obligated to make accommodations for your child’s disability.  Having them written will benefit your child and you because you can refer back to the plan if your child begins to struggle.

Examples of some common classroom accommodations are:  extended time for assignments and tests, allowing students to use a computer for writing assignments, not marking down for spelling errors, having a student take a test in a private setting, providing books on CDs or MP3, having the teacher give the directions in writing and orally, minimize punishment and use positive reinforcement instead, allowing students to use a reference sheet, give student a study guide, give the student a peer role model, and provide students with breaks or allow to leave the classroom for short breaks.

For more examples of accommodations you can ask for your child, go to http://www.fape.org or search for “classroom accommodations.”

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