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Declassify? PLEASE help

Hi, I am hoping somebody here can help me out with a question.

I have a son, Josh, 7y/o PDD-NOS.  He has been recently mainstreamed and is doing very well in his class.  (He was in a self-contained classroom last year and slowly integrated to the general ed classroom over the year...his general ed class this year is still small- only 15 kids, 2 aids and a teacher) He still gets pulled 3x's a week for speech and OT each.  I just recieved notification in the mail for his annual review (in March).  When while I was volunteering at the school the other day, I was approached by someone who works in the special eduaction department.  She was very excited and "did you hear?" They are going to recommend declassification for Josh!" 

I can honestly say I didn't know what to say. I immediately wondered if he is going to lose his services!  He is doing so well but this is due largely to the services he gets...I KNOW that without his OT he is going to unravel.  He works SO hard to maintain control.

What exactly does "declassification" mean? Can anybody please help me understand what I should do?  Should I be happy about this or concerned?   

A section 504 plan is a plan to allow existing staff to try and cope with your child's disability.  Section 504 refers to Section 504 of the American's with Disability Act (called ADA) which says that folks who take federal money (the school) have to allow people with disabilities (in this case a child) access to a service (in this case the school curriculum) the same as the non-disabled.  However, it does not provide for specialized instruction or extensions to the curriculum - that is the role of the IDEA.

If your child needs specialized instruction you'd best keep the IEP.  My district does not like this aspect and has fought for 2-3 years with us over getting an IEP.  We have outside evaluations etc saying he qualifies, and the District basically says: "We don't see this - we won't qualify him.  Sue us if you like."

If you already have an IEP you can refuse to accept the change (how you refuse varies state to state - check your procedural safeguards manual that you probably get every IEP meeting).  Then you get to go to due process court to decide.  So it is best to have an outside evaluator (check Independent Educational Evaluation in the safeguards) saying that services are needed.  A parent's word does not count for squat.  You might try keeping the IEP but reducing services as a trial or some thing similar.  If you were in my District I would recommend against this since the District simply takes every change it can to reduce services, even illegally.  So agreeing to a reduction of services hoping that you can get them back if needed does not work, even though it might seem to be best solution.  You will not get the services back.  You will have to judge what your district is like.  YMMV and the like.
Dad2Luke&Alan40225.6001388889

You have the right to put in any imput you see necessary, but that doesn't mean the school won't override them with tests.  I would fight to keep an IEP honestly, seeing as he's getting extra services.  If he has any private therapies have them write up evaluations, the school has to consider them.

Many districts provide extra services without an IEP, see how yours works.

An IEP is legal so they have to do what the IEP says including his services. With a 504 they dont have give him services, its mostly for accomodations. I agree you should fight to keep the IEP. Make your case on why he still needs his IEP and bring anything you can that shows he needs it.

Good luck!

Thank you for the reply!  Well the reason that his class is so small is because we live in a little tiny town.  There is only one class per grade. Thank you for the info, I will need to look up what a "504 plan" is exactly- just in case it it brought up. 

Does anyone know if I have a right to refuse declassification?.

In my state declassified means a shift from and IEP to a Section 504 plan.  A 504 plan does not provide any specialized instruction.  In my District that means no OT, SLP or services.  You can get a "Behavior Support Plan" which is instructions to the general ed staff as to how to deal with behavior issues.  And you can get accommodations such preferential seating.

I wish I could get a general ed class as small as your son's is.  My son is in a class of 30.

One thing to note... just as the child had to be evaluated to prove ELIGIBILITY for special services, the child is going to have to be re-evaluated in order to prove he/she is no longer eligible to receive services.  That's usually a long-shot.  The school district cannot simply state the child is "declassified" because of academic progress, particularly as the IDEA stresses both academic progress and functional skills (i.e., the "maintaining control" aspect you mentioned) - they will have to prove through evaluation there are no longer the wide gaps between your son's ability and achievement levels in all the areas previously evaluated that proved his eligibility for special services in the first place.

While a 504 plan provides certain protections and accommodations (it becomes a civil rights issue under a 504), if the IEP and its special services is what is providing him FAPE, then that is what will need to stay in place, regardless of how much academic progress he has made. 

Do not let the school district railroad you into thinking otherwise.  If you disagree with the results of the re-evaluations the school district does, request independent evaluations - you have the right to do so and get them.  You may find the district backs down when second opinions (through IEE's) are requested.

In the meantime, please check out wrightslaw.com, pick up the book "From Emotions to Advocacy", and really educate yourself on what your child is entitled to and how to obtain it.  The squeaky wheel is who gets the grease with school districts.  Also check in your state for the parent advocacy agency - there's one in every state mandated by the IDEA to exist and provide parent education on advocacy and navigating the special education system.  Take their trainings, talk to their mentors, talk to an advocate.  It is a real but necessary education, as we are our children's best advocates - particularly when we know how to advocate for them.  You are on the front end of his educational journey, it's a long road and he needs and deserves the best advocacy efforts you can provide for him - by example, you are ultimately teaching him how to advocate for himself.

Thank you all for this info.   I have called for a team meeting to discuss their plans and my concerns..  I truly appreciate everyones feedback and info!  Thank you!I would suggest that they keep him on consult basis and not declassify him...this is very common and is what we did with our son and his speech/language ...I would be very wary of dropping all services ...if he is on consult and problems occur then he is still in the system and a new IEP can be called quickly to deal with the problems.
 

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