Choosing NOT to have IEP? | Autism PDD
Could someone explain why I would want Nate to have an IEP? Is there anyone who has chosen to forego the IEP in favor of privatizing care? What are the major benefits that are afforded to those w/ IEP's? Nate's been in G.E. classes and is capable of doing the work. He doesn't respond well to change and I am loathe to move him to a different program. His psychologist is encouraging an IEP but I'm just not sure. To this point the administration has handled Nate very poorly but teachers have been great, except for 1. I don't know that I trust the administration to handle his education, I'd rather deal directly w/ the teachers.
BTW, I have 9 yrs of IEP experience under my belt so it's not that I don't understand the terminology or the purpose. It's just that I can't think of any of the available services only available on an IEP that would benefit Nate. He does have a 504 plan that he's had since before being dx'd. Thanks for any input, trying to decide before the new school year starts.
From wrightslaw.com Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Fewer procedural safeguards are available for disabled children and their parents under Section 504 than under IDEA.
IEP's vs. 504 Plans
There are two types of written plans, which must be developed and implemented by public schools regarding students with disabilities. First, students with disabilities requiring only reasonable accommodation must have a written plan under Section 504; this is commonly referred to as a 504 plan. Each public school should have a person (usually an assistant principal or a guidance counselor, but not a special educator) who serves as the school's "504 coordinator." This person should coordinate the development, maintenance, and implementation of 504 plans.
504 plans should be developed by a committee, consisting of the student with a disability (if appropriate), the student's parent(s)/guardian(s), the student's teacher(s), the student's counselor, and the 504 coordinator.
Additionally, special educators often serve as advisors to 504 committees. The student's disability and corresponding need for reasonable accommodation are identified and documented in the plan. Likewise, the plan delineates the specific accommodations, which will be implemented by the school. All school staff involved in the provision of accommodations should be contacted by the 504 coordinator and made aware of their duties and responsibilities. The plan itself should be updated at least annually.
For students with disabilities who require specialized instruction, the IDEA controls the procedural requirements. The IDEA process is more involved than that required under Section 504. Instruction and accommodation under the IDEA are provided in accord with a plan called an Individualized Education Program, known as an IEP. A student's IEP is a legal document which, in part, sets forth the duties and responsibilities of the school district and staff regarding that student. It is the responsibility of special educators, regular education teachers, administrators, counselors, and other professional educators to be thoroughly familiar with the provisions of the IEP for EACH of their students with disabilities.
The remainder of this document sets forth the general procedural information that regular educators should know about the IEP/IDEA process. REMEMBER: Be safe. Seek the advice of special educators. Whether you are a teacher, an administrator, or a counselor, you will save yourself considerable time and trouble -- and you will do a much better job for your students with disabilities -- if you learn to appreciate these specialists as a valuable resource.
Step One: Identification
Schools and educators have a legal duty to identify students with disabilities. This can be relatively simple in the case of obvious physical disabilities. However, disabilities are not always obvious. Educators are under a duty to recognize the possible presence of disabilities based on student academic performance as well as student performance in non-academic school activities.
Step Two: Intervention
Once an educator identifies a concern regarding the performance of a particular student, a period of intervention begins. The educator should implement appropriate intervention strategies aimed at alleviating the identified concerns. The educator should document the concerns and subsequent interventions. The key issue is whether the strategies enable the student to benefit from the regular education curriculum.
Step Three: Referral to the 504 Coordinator
The educator must refer the student for further consideration if either of two situations exists:
1. The intervention strategies work, but the educator remains concerned that the student's performance signifies a possible disability and that the interventions represent accommodations for such disability; or
2. The intervention strategies do not work.
In either case, educators should make a written referral to the 504 coordinator (or to the committee established in the school to deal with disability referrals).
Note: An initial referral is usually NOT an IDEA matter. Special Educators may advise or assist the 504
committee or coordinator, but a full 504 consideration should take place before referring the matter for special education. Consideration under Section 504 should remain separate and distinct from the realm of special education. This is because it is inappropriate to implement IDEA procedures until it becomes evident that the student has a need that exceeds reasonable accommodation. Thus, until it is suspected that specialized instruction is required, it is inappropriate to bring students under the auspices of special education.
Step Four: Review by the 504 Committee
When a case is referred, the 504 coordinator should call a meeting of the 504 team. The team should review the documentation provided regarding the concerns about the student and the interventions that have been attempted. The team should decide upon what additional intervention and evaluation is appropriate.
Over a period of several weeks, the team should closely monitor and the information it obtains regarding the student's performance and the effectiveness of the methods implemented to assist the student. It is important to remember that student performance is a function of a variety of factors. Sometimes the particular methods employed by the student's teacher are simply not effective with regard to the student. Other times, poor student performance can be a result of diet, family issues, abuse, or a number of other factors having nothing to do with school or with disability. It is the responsibility of the 504 committee to address these issues and determine the real nature of the problem.
Finally, after a period that should in most cases be not less than six weeks and should involve no less than three meetings of the full committee to evaluate the progress of the matter, the 504 committee will determine three things:
1. Whether the student's performance remains problematic and whether such difficulty is the result of a disability;
2. If the problem is a result of a disability, whether reasonable accommodation is sufficient to enable the student to benefit from the regular education curriculum; and
3. If the student's needs are a result of a disability and cannot be met by reasonable accommodation alone, the 504 team should refer the matter to the special education department in the school.
Step Five: Referral for Special Education Evaluation and Formation of the IEP Team
As soon as a case is referred to special education, the matter comes under the control of the IDEA. At this time, a special educator becomes the "case manager" and an IEP Team is formed. From this time forward, all decisions regarding the student's needs educational program are made by the IEP Team; school personnel is specifically prohibited from making such decisions without the Team. The IDEA provides that the IEP Team consists of:
1. The student (if appropriate);
2. The parent(s) or guardian(s);
3. The special educator (i.e., the case manager);
4. The regular education teacher or teachers;
5. A "district representative" (this can be a special educator or an administrator so long as it is someone familiar with special education services in the district); and
6. Anyone else whose presence is deemed necessary or appropriate by the student, the parent(s), guardian(s), or the district.
Note that as a regular educator you are legally required to attend meetings of the IEP Team. (However, on the middle school and high school level -- where students have several regular education teachers -- it is often the practice to rotate IEP Team duties among the various teachers. The IDEA requirement is seen as being aimed at assuring that the Team have access to a regular education perspective, not as being aimed at requiring the presence of six or seven regular education teachers at every high school IEP Team meeting.)
Step Six: Evaluation
The case manager gives the IEP Team members notice and the first meeting is held. The first order of business is deciding whether the matter is properly before the Team. If the Team thinks that the matter should go back to the 504 committee, it can send the case back. Otherwise, the Team decides what type of evaluation is necessary in order to determine the existence of a disability and what, if any, need exists for specialized instruction.
Step Seven: Eligibility
After the evaluation is completed, the Team is reconvened. At this time, the Team reviews the results of the evaluation. The team looks at whether the results meet the state and federal criteria for the existence of a disability under the IDEA and whether the student requires specialized instruction. If so, the student is considered eligible for special education.
Step Eight: Designing the IEP
If the Team decides that the student is eligible, the Team must then design the student's educational program. The Team determines the student's needs regarding specialized instruction, as well as the need for any related services (such as transportation, speech/language therapy, health services, audiology, occupational or physical therapy, adaptive equipment, interpreters, orientation and/or mobility counseling, etc.) Likewise, the Team identifies any necessary accommodations or modifications that are required in order for the student to be able to participate in and benefit from regular education settings, curricula, or activities. These items, as well a statement of the student's current level of educational performance, are documented in the IEP.
Step Nine: Implementation of the IEP
As stated above, the IEP is an important formal legal document. The professional educators and other service providers who deal with the student must be informed of the contents of the IEP as such contents relate to student performance and needs. The program established by the IEP must be fully and immediately implemented by the district. Regular educators must be sure to remain familiar with the contents of their students' IEP's and must also be sure to implement the required instruction and accommodations/modifications contained therein. Failure to do so can result in the educator being personally liable.
Step Ten: Monitoring
IEP implementation and the student progress in accord with the IEP should be monitored continuously throughout the year. Reporting on student progress towards IEP goals and objectives is required to be completed on the same schedule as such reporting for non-disabled students. In other words, if report cards come out four times per year, then reports of student progress towards IEP goals and objectives should be provided at the same times.
Step Eleven: Review (Annual IEP Review and Three-Year Re-Evaluation)
The IEP must be reviewed annually. The IEP Team must meet prior to the expiration date (which is one year from the IEP's implementation) and develop a new IEP in accord with the student's progress and needs as exhibited over the year. Likewise, the formal evaluation process must be reviewed to determine whether the student remains eligible for special education and, if so, to identify the student's educational needs. The review of the evaluation is done every three years. The IEP Team has the option to forgo a new formal evaluation if it feels that there has been no change in the student's eligibility. However, a formal meeting is still required.
Final Considerations - Discipline, Transition, and Self-Advocacy
Discipline
The law recognizes that students with disabilities, whether receiving special education or receiving only reasonable accommodation, should not be removed from school for infractions which are manifestations of their disabilities. Consider twoexamples:
1. Students with learning disabilities in the area of reading, or with disabilities that result in any number of processing difficulties, may not comprehend written guidelines, or may not pick up on "implied" behavioral expectations. Such students cannot be held accountable for violations of expectations which have not been explicitly presented to the student in a manner assuring comprehension. Failure to comply with such provisions would be "manifestations of their disabilities."
2. Students with autism, emotional disturbance, or mental retardation may behave in ways that do not conform to our usual notions of appropriate educational decorum. Nevertheless, to the extent that such behavior is a manifestation of the student's disability, the student cannot be disciplined for such behavior.
The IDEA sets forth specific procedural requirements for disciplinary actions involving removal from school. Note that this requirement has the potential to create confusion in that the Team may be inclined to make a judgment regarding the facts (i.e., whether the alleged behavior occurred) instead of limiting its judgment to whether the behavior, if it did occur, is a manifestation of the disability. Also note that even if the behavior is not a manifestation of the students disability (and the student is therefore suspended or expelled) the school district must continue to provide services to the student. If the student cannot come to school, then the district must provide a home tutor, or provide services in another setting. As with all other decisions regarding services to students with IEP's, the alternative educational setting must be determined by the IEP Team.
Transition
The IDEA requires that beginning at age 14, IEP's incorporate the various goals and objectives applicable to student needs regarding transition from high school to post-high school life. Regular educators in middle school and high school should therefore be aware that IEP's will contain such goals and that the education of students with IEP's on these grade levels will involve requirements, curricula, and activities which go beyond the regular education curriculum.
Self-Advocacy
Arguably the most important skill for students with disabilities to acquire is that of self-advocacy. This involves knowledge of one's rights and the skills necessary to assure enforcement of those rights. Regular educators should remain aware that self-advocacy training is an important part of specialized instruction. Remember that students are in the process of learning these skills; they are not masters of these skills. As such, be helpful to students with disabilities; encourage their efforts to enforce the modifications/accommodations to which they are entitled. As students learn to use self-advocacy skills, they may initially use these skills in an unrefined or harsh manner. Try not to be insulted or become defensive when students attempt to enforce their rights as persons with disabilities. Remember that these students must learn to identify and enforce their rights and that they had better learn this by the time they graduate.
Now if you think you can trust the teachers, more power to you. But you said you don't trust the administration. With budget cuts looming everywhere, it is the administration that rules, not the teachers. Unless your child is so high functioning that he doesn't need an IEP. But from what I have read there are more safeguards under an IEP vs an 504 plan. If an IEP is very specific enough it protects against alot of things.
If you think a 504 would benefit your child more than an IEP, then go for it. But in my experience, which is 10+ years dealing with it, the IEP is crucial to getting my kids even a basic education. I had one administration official tell me once that the school that Gabe is in was his last chance in the MInneapolis Public Schools system. But considering he has the IEP in place they couldn't say that to me and they knew that. And in the past there were numerous times I could had sued the district because they screwed up with even an IEP in place. So if you think they won't screw up with just the 504 in place, more power to you. I know in my experience they screw up with an IEP in place.
Tammy
http://www.nldline.com/iep_vs_504.htm
Section 504, the Americans with Disabilities Act (ADA)
vs.
The Individuals with Disabilities Education Act (IDEA)
What is the Difference?
by Susan Conners, M. Ed.
Education Specialist, TSA, Inc.
TSA frequently receives questions regarding the difference between a Section 504 Plan and an IEP (Individualized Education Program). More and more schools are denying parental requests for the classification of children with TS under the Individuals with Disabilities Education Act (IDEA) under which the child would be eligible for an IEP (Individualized Education Program.) They are opting instead to provide a Section 504 Accommodation Plan under the Americans with Disabilities Act (ADA).
Parents are often confused about the difference between the two options, which one is more appropriate and offers more protection for their child. They also have concerns about which will provide their child with the optimum learning environment based on their level of disability.
In this article, you will learn about Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA), as contrasted with the Individuals with Disabilities Education Act (IDEA).
Section 504 and ADA
Section 504 is a federal civil rights law. The purpose of Section 504 is to protect persons with disabilities against discrimination for reasons related to their disabilities.
Unlike IDEA, Section 504 does not guarantee that a child with a disability will receive an individualized educational program that is designed to meet the child's individual educational needs.
Eligibility
Just because a child has a disability or impairment does not mean that he/she automatically qualifies for special education services under the IDEA. A child with a disability who does not need special education services will not qualify for special education and related services under the IDEA. He or she may however receive protections under Section 504 of the Rehabilitation Act.
Eligibility for protections under Section 504 depends on the child in question having a physical or mental impairment which must substantially limit at least one major life activity. Major life activities include walking, seeing, hearing, speaking, breathing, learning, reading, writing, performing math calculations, working, caring for oneself, and performing manual tasks. As you see, many activities are included under this category. The question that must be addressed by the school's special education team is whether the child has an "impairment" that "substantially limits one or more major life activities."
Section 504 requires an evaluation that draws information from a variety of sources. Section 504 does not require a meeting before a change in placement.
Rights Dilemma
Some parents have the belief that if a child is classified under IDEA, the child must automatically be placed in a special education class. They also believe that if the child has a 504 plan, the child may remain in the regular classroom. These same parents therefore often assume that a 504 Plan is more desirable which is not accurate. "Special education" under IDEA does not mean placement. It means the child has been identified as having unique educational needs related to his/her disability and is entitled to an Individualized Education Program (IEP) to meet these needs.
A child who receives Section 504 protections has fewer rights than the child who receives special education services under the IDEA. The child who receives special education services under the IDEA is automatically protected under Section 504.
Section 504 is designed to guarantee that children with disabilities will not be discriminated against. It is also important to understand that if your child does not qualify for special education services under IDEA, your child does not have the procedural protections that are available under the IDEA.
Section 504 Accommodation Plan
Under Section 504, the child with a disability may receive accommodations and modifications that are not available to children who are not disabled. These accommodations and modifications are also available under IDEA. For children with TS and associated disorders, the following accommodations could include, but not be limited to, such things as:
Tests taken in a separate location with time limits waived or extended.
The education of other students who come into contact with the child with TS.
Giving the child frequent breaks out of the classroom to release tics in a less embarrassing environment.
The use of a word processor due to fine motor, visual motor deficits.
Tests/reports given orally.
Shortened assignments.
Standardized tests answers written directly in the test booklet and transferred onto answer sheet by teacher or assistant.
Class notes provided rather than having the student copy from the chalkboard or overhead.
Allowing the child to leave the classroom 2 to 3 minutes early to avoid crowded hallways.
Preferential seating in the classroom.
Provision of a daily assignment sheet to be filled out by the student and verified by the teacher for accuracy. The parent could then check to make sure that all the work is accomplished. This would assist with homework prioritizing and management.See this website to access the brochure Specific Strategies and Techniques for Students with TS for many more examples of modifications and accommodations.
Access v. Educational Benefit
Let's suppose that your special needs child is severely visually impaired. Under Section 504, your child cannot be discriminated against because of the disability. Your child must be provided with access to an education, to and through the schoolhouse door. Modifications may need to be made to the building itself and other accommodations may need to be made for your child. Preferential seating, enlarged print texts, workbooks, tests, etc. would be reasonable accommodations.
Section 504 defines a free appropriate public education as "the provision of regular or special education and related aids and services that . . . are designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met and . . . are based upon adherence to specified procedures."
Now let's suppose that your visually impaired child also has Tourette Syndrome, ADHD and a Non Verbal Learning Disability that adversely affects the child's ability to learn. Under the IDEA, if your child has a disability that adversely affects educational performance, your child is entitled to an education that is designed to meet the child's unique needs and from which your child receives educational benefit. Section 504 does not guarantee that your visually impaired child will receive an education from which your child receives educational benefit. Your Section 504 child has access to the same free appropriate public education that is available to children who are not disabled.
Issues of Discipline
If your child simply has a 504 Plan and this child misbehaves in school, the school may decide that the child's behavior is not related to the disability and the child can be expelled from school permanently. Under IDEA the child has the right to a fair and appropriate education, even if expelled from school. Section 504 and ADA do not provide these protections. This can be particularly problematic for children with TS and associated disorders.
Procedural Protections
Section 504 does not include a clearly established "Prior Written Notice" requirement. In contrast, IDEA includes an elaborate system of procedural safeguards designed to protect the child and parents. These safeguards include written notice before any change of placement and the right to an independent educational evaluation at public expense. Section 504 does not include these protections.
The Right to Due Process and an Impartial Hearing
Both Section 504 and IDEA require school districts to conduct impartial hearings for parents who disagree with the school's special education team in regards to identification, evaluation, or placement of their child. Under Section 504, the parent has an opportunity to participate and obtain legal counsel, but other details are left to the discretion of the school district.
A Word to the Wise
To be eligible for special education services, it is necessary to prove that the child in question has a disability that interferes with his education and performance. The first stumbling block for many parents is exactly that, proving to the school that the child's Tourette Syndrome is having an impact on his educational performance. The main reason for this first stumbling block is the lack of knowledge on the part of school personnel about the nature of TS and its associated disorders.
Before a child qualifies for special education services under IDEA, it is required that he/she be evaluated. Most of us have the erroneous idea that this evaluation is simply a series of standardized tests administered by either the school psychologist and/or a special education teacher. We also assume that the results of these tests are the sole determining factor in qualifying a child for services. This view is inaccurate. According to IDEA, an evaluation must consist of all of the following:
Special medical concerns addressed by the treating physician
Interviews with parents and school staff
Information from parents
Specific tests which must include all areas related to the suspected disability
If the child has been tested and the school has informed you that he/she does not qualify for special education services based solely on the results of testing, this is not acceptable. Many children with TS do not qualify on the results of psycho educational testing alone. They may indeed have a learning disability, but in an area that may not have been assessed. And more importantly their disability will very likely be based on the impact of the symptomatology of TS, ADHD, OCD and any other associated neurological disorders on classroom performance. These are the questions that you need to ask and evaluations that you need to request:
Has the school's Committee on Special Education consulted with the treating physician to determine the nature of this child's symptoms?
Has the committee interviewed the parents as to specific symptoms and problem areas that they are seeing at home?
Has the committee looked at a portfolio of the child's work?
Has the child been administered tests in the following areas?
1) Fine Motor/Visual Motor Impairment (Usually administered by an Occupational Therapist)
2) Central Auditory Processing
3) Language Processing
4) Memory Skills
5) Executive Function
6) Sensory Integration/Sensory Defensiveness
Whether or not the child is having behavior problems at school, has a Functional Behavior Assessment been done?
These are all common areas of learning disabilities associated with children with TS. They are often overlooked when the child is tested. If the school tells you that they do not routinely test for these disabilities and/or do not have access to these specific tests, then you have the right to have your child tested outside the school system preferably by a neuropsychologist and to have this evaluation paid for by the school. I reiterate that the reason that the school system does not routinely test for these disabilities is lack of information. They are probably unaware that these are areas that must always be looked at when evaluating with children with TS.
Will they take your word for this?? Possibly, but not typically. This is where you turn to your child's treating physician who can actually write a "prescription" for these tests and state why. This is where you also turn to the Tourette Syndrome Association to obtain literature verifying the co-occurrence of associated conditions in children with TS.
Tourette Syndrome is a medical condition and therefore qualifies under the classification of Other Health Impaired (OHI). A learning disability does not have to be present for classification. Certainly all suggested tests should be administered to test for a learning disability. A very important fact to remember is that the school cannot refuse to classify a child for special education services because he or she is not "Learning Disabled".
Summary
In this article, you learned that Section 504 of the Rehabilitation Act and the Americans with Disabilities Act are responsible for accommodations and modifications in testing situations and programs, and improved building accessibility. You learned that these statutes do not require public schools to provide an educational program that is individualized to meet the unique needs of a child with the goal of enabling the child to become independent and self- sufficient. You learned that the child with a Section 504 plan does not have the protections available to the child who has an IEP under the IDEA.
It's also very important to note that the decision is made by the school's special education committee of which the child's parents and their advocates are equal members whether the child will receive services under IDEA and thus an IEP. It is also important to reiterate that children with TS receiving services under IDEA should always be classified under the category of Other Health Impaired (OHI).
Tourette Syndrome Association, Inc.42-40 Bell Boulevard / Bayside NY 11361 / 718-224-2999 / © 2000-2002
Personally, there's nothing wrong with privatized care, but in our case, going without an IEP would be dreadful...it MAKES SURE that Riley gets the breaks he needs, the ST helps get him started every morning...the OT works closely with the teacher to make sure she teaches him in a way he can learn. (Can't have ST or OT in school without an IEP). Without it, he would be 'forced' to use the big bathroom which scares the crap out of him and not the nurse's indiv. bathroom, he'd still be sitting under the HUGE LOUD fan they had in the room (I'm sure that bothers ALL the kids), he wouldn't be seated away from the windows where the sun bugs him, they wouldn't let him sit away from the group, force him to be in the middle of lines...on and on. While I still think they need to do more (1:1-not force him into the grass-etc) without the provisions they HAVE made, it would be so much harder for him to get through the day. It also has provided more time for tests, make-up time when he misses so much school (8 weeks this year) and some modified programs.
He is in regular classes...but the provisions allowed have helped him. I think every child is different, and the main goal is still to ensure that he's getting what he needs...if he gets it without an IEP, then there's no worries I suppose.
~Lesley
I know with Jeffrey we had major problems with his transportation. But since it was specific enough in the IEP we had to have a special transportation meeting. Now it is very specific in his IEP on how late they can be, on having a bus aide, if the bus aid is not there for the day I can keep him home and it doesn't count against him. Plus with his second school we had to re add goals to the IEP that the first school said he mastered. And you could tell he hadn't mastered them. But then again I would love for his first school to lose all federal funding.
Oh yeah when I moved last summer they brought to my attention that Gabe could go to a school that was closer. I asked what school it was. It was Jeffrey's first school
Tammy
[QUOTE=OMeyeMeye]Could someone explain why I would want Nate to have an IEP? Is there anyone who has chosen to forego the IEP in favor of privatizing care? What are the major benefits that are afforded to those w/ IEP's? Nate's been in G.E. classes and is capable of doing the work. He doesn't respond well to change and I am loathe to move him to a different program. His psychologist is encouraging an IEP but I'm just not sure. To this point the administration has handled Nate very poorly but teachers have been great, except for 1. I don't know that I trust the administration to handle his education, I'd rather deal directly w/ the teachers.
BTW, I have 9 yrs of IEP experience under my belt so it's not that I don't understand the terminology or the purpose. It's just that I can't think of any of the available services only available on an IEP that would benefit Nate. He does have a 504 plan that he's had since before being dx'd. Thanks for any input, trying to decide before the new school year starts.
[/QUOTE]
Well, since you have experience and know the ins and outs, maybe you don't need one, as long as the teachers are receptive. The IEP is more a protection for you that the school agrees to abide by a set of guidelines that you develop together. So... I guess the only reason you'd need one is if you suddenly got a cantankerous teacher. We have one, as my son receive OT and PT through the school, and it also entitles him to modifications like preferential seating and reduced homework/busy work, etc. Also, it entitles him to a behavior analysis before certain disciplinary standards are enforced.
Thats true if there is a behaviour modification plan in place in the IEP. If there is none they can still suspend the child for behaviours. And they can suspend him up to 10 days a school year. I went thru that with Gabe last school year. Even tho I was pushing for a behaviour assessment. The didn't want to do one because their reasoning was they didn't see those behaviours at school. And once they did, they suspended him. So I called a lawyer that deals in special education issues and I was told if there is no behaviour modification plan in place they can suspend the child up to 10 days. Only after 10 days of suspension are they requred to do any at home tutors.
Tammy
See-now that's the type of stuff I just don't understand. If you were pushing for an assessment, and they denied you, and THEN it came up as an "issue", they can still act on that? Can you have a behavior modification plan in place without an assessment? Did they finally do one?
I don't have this need myself, but I've pushed for other assessments, been denied, and I know that certain issues are going to come back and be a problem later...to deny is just their way to hold onto the purse strings right? That's what I think anyway...but in the long run, it's the kids that suffer.
It is the best thing. The education system & federal government
have placed support & services for your child. The IEP insures the
receiving of all rights. My grandson's is always current. You just
have to know the program of your child, responsibilities of the
school & your rights/responsibilities, so you will be able to work out
the education plan with the staff.
Horanimals,
Yeah I know. Now with Gabe, in that school year alone, I asked four different times for a behaviour assessment. Only after he went ballistic and they suspended him did they even do it. I told them, mark my words, he will go ballistic on you. Their response was always "we don't see this behaviour. He is such a well behaved kid", etc. Yeah right. Like I am gonna be pushing for a behaviour assessment if he is so well behaved??
Just4family,
It depends upon the school district. I have had issues with them myself with the IEP in place. One time I was told by pacer.org that if the school thinks they can get away with it, they will. Alot of parents just take what the school tells them at face value and don't challenge it. But I do. I know one time the school couldn't handle Gabe. Not my problem they let him run the program. So they wanted me to bring him to school three days a week. Even tho special education transportation was checked in his IEP. So I called a special meeting. First they tried to tell me I couldn't invite anyone to the meeting. No that is clearly illegal and I told them that. My meeting, I can invite anyone I want. So at the meeting I told them I had been talking to pacer about the issue. And pacer told me that was denying Gabe access to a free education. So I told them that at the meeting. They quickly dropped that idea.
Tammy
Ugh! That's absurd!!! See that's why I'll never go to an IEP or send one of my "lovely letters" without an advocate again. See, they can suspend him, but still collect monies, and make the child feel like s**t just to save a buck...it makes me sick....and they know it too, especially if you asked 4 times!!! and the worse part is, they can be reimbursed for all those expenses, on top of what they recieve from the state (at least here anyway, Medicaid can be billed for outlying expenses)...you're probably right...downright laziness. Is this the infamous '1st school' or is he still there now?
As for our assessments, after citing law, case law, having the Dept of Educ. with me, I was still denied right up until I gave the 'lovely' woman a copy of my letter to her boss....suddenly she's redoing EVERY assessment...except now that he's not in school, they can't observe how "out of sorts" he is with all the happenings in the classroom....if she'd done it when I asked, no problem...so I sent another "lovely letter" saying thanks, but you're now missing this piece 'cuz you didn't act when you should have. Unfortunately, I'm looking to live elsewhere now too to get out of this district...Their motto should be "The less we can do...." or We operate under the "Every Child Left Behind Act"
My husband, bless his heart, caught her trying to tell our ST to 'shut up' and ripped into her in front of the whole group "Quit being a bully! I saw what you did!" The ST later told me to tell him thanks, apparantly she does that all the time and she said no one ever catches her!
He's willing to make free appearances at others IEP meetings!
Tammy
LOL! That's funny, I threaten sometimes too to run for president, but I can't suck up like the rest of 'em either!
Did your boys change schools OK? How long does it take them to "settle in"? That's one thing I'm worried about, but I still believe it'll be better for him in the long run. oh - and do the new schools take the IEPs you have established? or do you have to go through another meeting with the new school (in addition to 'teaching the teachers')? That sounded worse then I meant it...I love Riley's teachers, it's the Admin (or lack of) I have trouble with.
Yeah mine did okay with the change of schools. The only problem was with Jeffrey. Lol, he hates road detours. And plus that bus was always 30 minutes late, so no way could he get to school on time. And Jeffrey is very rigid in his structure and details. So that is the main reason we had a transportation meeting. Gabe, lol, nothing bothers him. Now no problem with the new schools. I know with Jeffrey's second school they were amazed at how incompetent his first school was. Amazing isn't it. But so far with Gabe he has had the same teacher for two years now. And next year and this summer he will have her too.
Tammy
Funny! I made the mistake once of going to the store before school once...I messed him up for the whole day! I'll never do that again...so I feel you on the whole detour thing!!!
Good for him, I'd love to keep our 2nd grade teacher forever...she's the best. Glad you found a "competent" school and good teachers!!! It's amazing the damage they can do when they're not.
~Lesley
Ok, maybe this is more my problem w/ an IEP and Nate. Nate hates ANYTHING that diverts him from his regular routine. He does have speech therapy because here they allow you to have a "speech IEP" but that IEP can't be used for anything BUT speech. I tried before we got the dx. If we get him an IEP they have already said that they will have him pulled from his classroom for up to 1/2 a day a few days, or maybe all the days, in the week. He hates having to be pulled for speech. Last year he had to be pulled for a ton of remediation. It caused huge amounts of stress for him and his teacher, (though she was very gracious about it and tried to make him feel better, always sent home the work they did while he was out, allowed him any amount of time he needed to finish it at home, she was great). I'm much more concerned w/ the amount of stress being pulled out causes for him. He just can't slide back into class and pick up with the rest of the class. Nate is very rigid. For instance, we have chore lists and because vacuuming the living room comes before cleaning his room he absolutely can't clean his room before he vacuums the living room. It works the same at school. Math comes before science. If you pull him out during math, which is his fave subject and their fave time to pull him out, he absolutely can't do science when he returns w/out first doing math, kwim? We're working on that but that's going to be a long road I think.
I am fully aware that they can't have him pulled out unless I approve it. I'm just concerned that somehow it's going to get screwed up and he's going to get pulled and it will be a big fat mess. I hate being called up to the school because they can't get him to calm down. It makes him feel awful and it gives kids yet one more reason to tease him. With a 504 they won't pull him out. W/ his 504 they've given him preferrential seating, given him additional time to complete tests, he doesn't have to orally present anything to the class, the list goes on. If I can have these w/ a 504 I'm just not convinced I need an IEP.
I am attending the Wrightslaw conference in November down here. Perhaps that will help me decide further. Thanks! Tia
Yes but under the 504 they can suspend him for the behaviours. Where as under the iep, with a behaviour modification plan in place, they couldn't. The 504 just guarantees he will be treated like anyone else. The IEP deals specifically with his needs in a classroom setting. Also the IEP could be very specific on transitioning from one activity to another. The 504 just says he can't be discriminated agains.
Tammy
Depends upon the school policy. If they have zero tolerance and the proper steps to take are not in the IEP, they will suspend him like they would any other kid. But with my kids, they both have a behaviour modification plan. ONly after they have been thru all the steps in the plan can they suspend them.
Tammy
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