"Educational Need?" Please help!!!! | Autism PDD
It could be that TX works way differently than elsewhere...and/or
perhaps my district really is completely screwed up. BUT, I am wondering
what was the educational NEED for your child??
Our dd is qualifies as a child w/ a disability--this w/o her autism dx.
She has 3 OHI's. What is in dispute is her NEED for services. We see her
need as:
*MR score for adaptive & social-emotional
*low score for communication
*also dx w/ oral motor apraxia, SPD, & an active tremor
All things, one would think, would affect learning & therefore be a NEED.
But, the school keeps going back to her cognitive score, and their
amazement at it. They observed her this week, and we showed video of
some meltdowns. It appears they are starting to see "need," but we are
not certain yet. We meet again next week, hopefully to do the IEP. But,
I'm not holding my breath. If they are in disagreement again...I want to
be clear on explaining/showing dd's NEED. Or, should the test scores
speak for themselves? They obviously aren't!
When I read other people's experiences, it doesn't seem this difficult. We
aren't fighting for extra ST or ABA or anything other than preschool. At
one point, in our first mtg, we were even going to settle for a social or
eating group--neither of which the school has. We worked w/ an
advocate...a VERY experienced one who is dumbfounded. Each time she/
we bring up her scores or behaviors, they seem to have a pre-made
argument, or simply "that doesn't show need" for things like her speech
delay, SPD, adaptive skills, etc. It seems like they are not following the
law...but we are trying desperately to AVOID due-process. Any help is
greatly appreciated!!
Sorry this is so long. Dh & I are beyond wiped out on this...he's working
on his masters & my day to day w/ dd...well, you all know how it is!!
Below is New York State's take on what constitutes educational needs. It is somewhat more elaborate than IDEA 2004, but not much. Look in your own state law about how it defines educational need and the areas that must be considered when determining educational need:
NYS Part 200:
Part 200 definition of “education”
(3) For purposes of this definition:
(i) The individual needs of a student shall be determined by a committee on special education in accordance with the provisions of section 200.4 of this Part upon consideration of the present levels of performance and expected learning outcomes of the student. Such individual-need determinations shall provide the basis for written annual goals, direction for the provision of appropriate educational programs and services and development of an individualized education program for the student. The areas to be considered shall include:
(a) academic achievement, functional performance and learning characteristics which shall mean the levels of knowledge and development in subject and skill areas, including activities of daily living, level of intellectual functioning, adaptive behavior, expected rate of progress in acquiring skills and information, and learning style;
(b) social development which shall mean the degree and quality of the student's relationships with peers and adults, feelings about self, and social adjustment to school and community environments;
(c) physical development which shall mean the degree or quality of the student's motor and sensory development, health, vitality, and physical skills or limitations which pertain to the learning process; and
(d) management needs which shall mean the nature of and degree to which environmental modifications and human or material resources are required to enable the student to benefit from instruction. Management needs shall be determined in accordance with the factors identified in each of the three areas described in clauses (a)-(c) of this subparagraph
THANK YOU!! I will search for TX's version of this. This defenitely gave methat stepping stone I needed. THANK YOU!!!!!
It would be too difficult to go over everything in the format of a forum. My advice would be to IMMEDIATELY order From Emotions to Advocacy from www.wrightslaw.com It's a great how=to book based on FEDERAL law. School districts all over the country will get away with whatever they CAN get away with. It's up to us parents to hold their feet to the fire. That means becoming informed about the actual law. This book will help. IF that seems way too daunting, pay for a special education advocate. You can start looking for one using Yellow Pages for Kids at wrightslaw or go to www.copaa.org and clinking on Find a lawyer, advocate.I have that book, tzoya (thanks to you!!!!). Trust me, it's the only thing
keeping me afloat. I guess the biggest issue is that our advocate, dd's
doctors & therapists, & ECI team...no one can figure out what the school's
issue is. They are infamous for denying services...but wow, this is just
shocking to us. I have almost ALL of the info I need, and am prepared,
except for this & one other point (other post). Those two are the answers I
cannot find. Thanks for the info, I guess it is time for another advocate
(ours retired b/c of health reasons this summer). Thanks again!
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