momneedshelp28-

Since your son is in Tier 3, I am assuming that he does not have currently have an iep. Make your request in writing that you son be evaluated and send it certified return receipt.

Get some background information on your rights and responsibilities here:

community.greatschools.net/groups/77570

Specifically, I would recomend that you start with these threads:

community.greatschools.net/groups/77570/discussion/346511

community.greatschools.net/groups/77570/discussion/394702

community.greatschools.net/groups/77570/discussion/336091

community.greatschools.net/groups/77570/discussion/383368

www.ed.gov/parents/needs/speced/iepguide/iepguide.pdf

Best Wishes!

(626042)

YES!! My son has diagnosis of autisim, adhd, and permanent brain damage (static encyalthopy) - He is in K in NC and the school will not do anything for him - other then offer their opinion that he only has ADHD. He is has been in the PSM Teir III since January and they decided the best thing for him was to have him repeat Kindegargden!! I have no idea what to do!! I understand your pain!!

You should have gotten a list of parental rights. It is an actual law...the rights that you have! The one statute that I listed previously goes into somewhat what your concerns seem to be about. But basically if you feel for some reason things are not right you can call for a meeting. It seems as though from reading the posts is that they are trying some shady things. Personally I would contact a lawyer and talk with them. Generally the initial consultation is free. I gaurantee once you put your foot down and start quoting legal rules they will listen and your child will get the care he needs.
This is how I look at things. They may not like me...they may think bad things about me but my daughter is number one priority and I want the best for her. Like my mother always said, "The squeaky wheel gets the oil!"

Just as someone else pointed out...take your child to someone else and get him evaluated. You are entitled to that!

I still don't get why the district didn't simply amend the current IEP to reflect the OT, etc..

You may already be aware of this, but just incase, problems in the area of written expression can be more than just a matter of forming letters, they can pertain to organization of thoughts, and more. Dysgraphia is a disorder related to dyslexia which pertains to written expression.

He may need therapy for visual perception as well b/c of problems it can cause with reading and writing. I know it caused my son to constantly loose his place when reading or copying, watery eyes, headaches, excessive blinking, fatigue, and more.

Anyway, I just thought I'd mention those things, IMO they are worth investigating.

Ask for an outside evaluation....they will change their tune.

Sharie001, his disability is titled as "Specific Learning Disability - Dyslexia". The private evaluation that I had done noted that he had Delayed Visual Motor skills too. (Not sure if that's really related to Dyslexia?) He has no physical impairments, but has difficulty with writing. In the second grade, you really can't read his writing and his dyslexia causes him to form letters backwards.
The district office just told me that "All other components of the existing IEP will remain in effect". So, maybe this one is okay? If for some reason they cease the existing services and accommodations, I can always call a new IEP meeting, right?
Now makes me wonder if I should have him evaluated outside to see if he needs more OT time?

What is your child's current spec ed disability catagory? (developmental delay, other health impaired, etc.?)

I would suggest to have your child evaluated for other possible problems pertaining to visual perception and written expression. I'm no expert but 30min a week doesn't sound like much time for OT.


IDEA requires that all IEPs be reviewed/convened annualy (on or prior to their "anniversary date"). I'm surprised that your district's student's with IEP's would have the same month for their annual date, it seems like that would 1. violate federal regs in some way 2. be an impossible task for the district to accomplish.

IDEA requires that the IEP meeting be convened 1.upon initial eval to discuss findings, etc. 2. upon re-eval 3. for changes to the IEP that significantly alter the IEP (services, placement, etc.), whether requested by district or parent

From what I understand, and based on how things work in my state, I would conclude that an Interim IEP is one put in effect while awaiting more data, and/or the completion of an eval to either determine eligibility for spec ed and/or for modifying current IEP to reflect eval findings (to add/remove services based on what eval report, etc., indicate the student needs). An interim eval is therefore like a temporary eval awaiting final test, etc..




Education Laws Regs, Violations, Info & Help
community.greatschools.net/groups/77570


US Dept Of Ed's website
www.ed.gov/index.jhtml



Below are some a couple of other/different state regs regarding Interim IEPs:

BULLETIN 1530: Louisiana IEP Handbook for Students with Disabilities
The interim IEP may also be developed for students who have been receiving ... The interim IEP remains in effect as long as the evaluation is in process and ...www.doa.louisiana.gov/osr/lac/28v97/28v97.doc

LOUISIANA'S IEP HANDBOOK for STUDENTS with DISABILITIES
The INTERIM IEP shall be developed for students who have severe or low ... The interim IEP provides a basis on which the student may begin to receive special ...www.doe.state.la.us/lde/uploads/2261.pdf

INDIVIDUALIZED EDUCATION
The IEP-Team must develop an interim individualized education program. The interim IEP must include all components of the regular IEP. ...www.k-12.state.tn.us/pdf/speced/iepprocman.pdf

According to IDEA/US Dept of Ed's Office of Spec Ed Programs (OSEP) the district has 60 days to complete the evaluate from the date they recieve signed informed (district must abide by IDEA procedural safeguards and inform you of your rights) consent to evaluate from the parent, unless the state's dept of ed has more strict timeline requiring eval to be completed sooner.

If the state does not list a timeline then federal applies. Some states interpret the days as calendar days and some use Business/school days (which is much longer of course).

IDEA can sort of be confusing regarding district's obligation to evaluate. The law doesn't "technically" require them to evaluate if I'm not mistaken, but if they refuse to evaluate they must provide the parents with PWN (prior written notice) which list their reasons for not evaluating, and if the reasons are not legit or the PWN does not meet federal regs (which most do not meet requirements) then the district will have little if any legal grounds should the parents take them to due process hearing, and/or file state/federal complaints. Basically after all this they will probably end up evaluating regardless.

I don't think federal regs list a specified time for providing parents with PWN (although some states may have regs on this), it simply states they must provide it within a "reasonable" amount of time. I think caselaw has determined "reasonable" to be within 10 days if I'm not mistaken.

When you consider federal/state "child find" regs to what I mentioned above, it only makes sense for them to do the eval.

The school is telling me that they are required to do a review of the existing IEP for all students in April, prior to the end of the school year. They said that if there are any changes to goals, additional services to be added, etc. that they would discuss this at that time and make any revisions as necessary. The "interim IEP" they sent to me doesn't say that they are removing any services, in fact that box isn't checked. However, they don't have everything previously listed. So, they've said this interim is just to compliment what is currently existing and nothing will change with what's already in place, which is working great!
I've never done one of these interim reviews. Are they required everywhere, or is this just a FL thing? The fax cover sheet (not the IEP) says "We're just adding OT to the existing IEP"
With regard to the O.T. evaluation - I was the one who requested it because they originally told me that he didn't qualify and refused to include it in his IEP. They had a district occupational therapist evaluate him and she suggested that he attend 30 minutes weekly. (He's having difficulty with writing). She indicated she would work on letter formations, finger strength exercises, etc. Should I push for more time, or is 30 minutes typical for this kind of problem. They indicated that he had delayed visual motor and weakened finger strength. He's holding his pencil tight and they will work on that as well as letter formation. (I was actually surprised when they agreed to 30 minutes weekly!).
Any thoughts?
Thanks!

I read some of the responses to this and it is so shocking that a school would do what is being described! It may be time to hire an attorney!

Check out


20 USCS § 1415

TITLE 20. EDUCATION
CHAPTER 33. EDUCATION OF INDIVIDUALS WITH DISABILITIES
ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES

This is a legal issue! Did your teacher put in to have your child evaluated? If so then the school is required to evaluate your child within a certain amount of time, I believe. I will research to make sure that I am speaking properly but I believe I am. If so, I will also research statutes and give you the legal edge that will make them listen.

www.wrightslaw.com/info/child.find.index.htm

1. Put your request in writing to the school principal.
2. Call the office of the Director of Student Services or Special Education and ask for some handbooks on IDEA and 504's. See if you can get your questions answered there.
3. If not, call the Department of Education for your state of residence and ask to speak with someone in their Special Education section. They will advise you further.
4. explore the website www.wrightslaw.org. They have sample letters you can use for making requests to the school.
5. Go to www.chadd.org and find your local CHADD (Children and Adults with ADD)chapter, they will be able to assist you with local resources in your area and sometimes have people available who can go with you to school meetings.
6. www.wrightslaw.org also has articles on how to interpret testing so you can make your case for an IEP.

Get everything in writing, if it's not in writing they are not obligated to do it.

If I were you I'd sit down and write out your own draft IEP to submit to them for approval.

One more thing you might want to read the eval report to see if 30min a week was what therapist recamended or if that is what district is offering but your child needs more according to eval.

Don't sign a new one unless those services are clearly stated on the IEP...

It is illegal for them to remove anything from IEP plan without the WHOLE IEP team agreeing on it, and this includes you. What you do is write to whoever made the changes and request PWN 'prior written notice' on their legal reason for removing xxx, as you are informed by IDEA law that this is illegal without the whole IEP team agreement.

Also state that you want the original IEP the way it was and if they refuse, write back again and request PWN on that refusal.

See, PWN is a GREAT legal tool for parents to use. Schools are to automatically give this to parents anytime they stop, start, change or refuse anything doing with special ed. And, they have to have LEGAL reasons. So, when you request PWN and they DON"T have legal reasons for what they did, they will most likely change their minds and do what you request because they will NOT put ILLEGAL reasons in writing in the PWN.

I dont' know about 'interim IEP', I think this means the yearly IEP meeting they are suppose to have. Before you do anything I suggested above, check over the REAL IEP plan to make sure it's like you want. If not, then do the things I suggest above.

I finally received an good IEP for my Dyslexic son after months of fighting. The initial IEP they wrote was a complete joke, had no goals, etc. Long story short, I got district people involved and we have a good solid IEP in place. However, now it's time for the Interium review. I requested an Occupational Thereapy evaluation on my son and we have a meeting setup next week to 1. Review the results and 2. Do the required interium IEP meeting. (I'm told they have to do one before year end).
Anyway, I requested a copy of the proposed interium IEP and results prior to my meeting as I learned from this web site, that you should never go unprepared! :-)
I was blind-sided one too many times so I will never attend another meeting unless they show their cards first! :-)
Anyway, Today I received the "interim IEP review" and OT results. My son qualifies for OT and they will be adding 30 minutes/week to his schedule. However, the interim IEP doesn't have all of the other services and accomodations that I fought so hard to get. (Daily one-on one time, revised homework, revised spelling list,etc). Some of the accommodations are listed, but not all. Coincidentially, the services missing are the ones that they were so against and the District had to get involved in the decision making.
I contacted the school to question this and was told that an "Interim IEP Review" is just an "addition to the annual IEP" and that everything in place today would remain unchanged and they would be adding O.T. to his IEP. I was a little confused because "some" of the accommodations are listed on his interim IEP, but some major ones are not.
My question is...Does an "interim IEP review" replace a "Annual IEP", or does that one remain as is until the anniversary date, unless we agree to make changes to that one?

''Do you mean the state Parent Training & Information Center or the state advocacy center''

I'm not sure! I thought they were both the same?

''but they are not part of the "state dept ofeducation".

chucknoe, you are right! The one I am talking about is not with the state. I don't know why I keep connecting them.
They are not even funded by the state, but by the fed gov't.

What is the 'state advocacy center', if this is separate from PTI?

Mgj0623: Here is link on another post, where a teacher is talking about IEP meetings, Some good advice on the ins and outs of these meetings.

tinyurl.com/5lodry

jdeekdee,
Do you mean the state Parent Training & Information Center or the state advocacy center when you refer to the 'federally funded special education parent advocacy agency'? The federal govt funds these for each state, but they are not part of the "state dept of education". In some state the education agency works closely with them & in others they barely work together. You or someone posted how to contact the state Parent Training & Information Center & they can give you help on finding advocates.

To add: I have read stories about schools going after the kids, and than again I have read stories where the kids were not affected. Personally, I am incline to think that a school would behave themselves at this point, since it would be more ammo on the parent side.
I would keep it in mind, but don't think ahead like that. Right now, you are at the stage of trying to obtain IEP, which is a much better position to advance your case. I would check on what Jdeekee said about free services by the state. Knowing about bureaucracy and red tape, agencies that are funded by government money often hide the free services. The public has to go looking for it. It is the way they operate. Like a government tax agency, who will always make sure if you owe money to them, they let you know right away plus the incurring interest that is compounded. However, they won't let you know if a taxpayer is entitle to a bigger tax refund. When the same taxpayer discovers the extra tax credit, the government is only willing to give you interest from notification and certainly not at the compound interest level.

Everyone can get a free advocate from their state dept of education. And you don't have to 'qualify', it's for everyone.
Lots of parents don't know this, and schools ain't about to tell them, but every state dept of education has a 'federally funded special education parent advocacy agency'
I used one for 8 months and they were great!

I have heard lots of times that schools retailiate against the parent and/or student. This is also a violation in IDEA law.

Yes, I do believe the fireworks are coming - unfortunately. I really want to avoid a Due Process hearing because I'm told that statistically (in FL) parents lose about 80% of the time and it's extremely costly. I think I can handle the expense of the attorney who is doing the advocacy work, but he warned me how expensive this could be if we ended up in a Due Process hearing. (Equivalent to 2 hears of tuition and living expenses at a state university in FL). So, our goal is to get some reasonable accommodations in place and prevent a due process hearing, which I think will definitely happen when he steps into the picture.
This advocate comes highly recommended and I've heard from many that he has "slapped around" my county a few times! So, hopefully he'll be able to help me work with them to get a good plan in place.
I've also learned about a place where people can get an attorney/advocate for free. Unfortunately I didn't qualify, but I'm glad to know this is available for those who don't have the resources available to pay an advocate.
Of course, my son knows nothing about this, as it should be. I fear that he may eventually at some point suffer retaliation from the school. Has anyone ever experienced this? So, far they've been more than kind to him and I hope that continues after these fireworks fly.

I had to do the same thing, plus in the province I live in, the school can change anything of the IEP with or without notification. I have done enough studying on why systems are set up like this. What I am really surprise that this is happening in Florida, but than again it should not surprise. The population of LD students is the greatest subgroup of all special needs kids. Out of that group, around 80 % fall into the mild to moderate group. To the school, they represent a cost that is on par to the cost of a child who has severe LD. To prevent the costs, rules are set up to prevent accessing the services, by causing the bottle-neck at the IEP process. The next bottle-neck is when the child is improving, and the school wants to take away services that the child is receiving. The third bottle-neck occurs when a child is leaving elementary to junior high. If you think a parent can relax after this, for most the forth comes in the last year of high school. I believe this is a form of discrimination that is practice widely on a single group of children, whose disabilities are invisible, and therefore schools, boards and the state feel they can largely ignored their needs, by employing practices/rules such as providing a basic floor of opportunity so that a child can progress rather than regress. Implementing rules where signatures of parents are not require for a an IEP, providing the parents stay to the end of the meeting, is just another form of discrimination against children who have LD. I wonder if the rules apply for a mild to moderate autism child. Are the rules applied only to children who are in regular class, but do not receive special education, which is common in Canada.
It stinks so bad. The only thing I am glad that you hired an advocate for yourself and your child. I also went that route, but prepare for the feathers to fly at the school level. Most schools at this point will cave in, but not without a lot of foot-dragging on their part. In my case it certainly happen, but I found out much later that people much higher up in the food chain was actively working to change things. So far, even though the rule has not been remove; I have seen things being added to the accommodation list, rather than things being remove as it was in the past. In the past, if I wanted change - I had to start the whole process over and do it in writing. It is a much more fluid process, but the potential for discrimination has not been removed.
Good Luck with your new partner and watch out for the fireworks coming from the school.

I spoke with an attorney advocate today and learned something that I was unaware of.
I attended my sons IEP meeting but did not sign the IEP. However, even though I didn't sign it...it is still considered to be an IEP that is current and in place today. I live in FL and I was told that just because I didn't sign the IEP, doesn't mean that the IEP isn't "approved" or considered to be in effect. The law in FL says that if you attended the IEP meeting and stayed until the end of the meeting, then the IEP that is written is considered to be a "current IEP". The signatures on the back are just basically an attendee list and in FL they can technically do an IEP without the parents.
Now, in my case, my IEP technically isn't legal because it didn't contain the required things like "measurable goals, etc". However, I have to now formally request an IEP MODIFICATION even though I didn't sign the original IEP that they drafted! Unbelievable!
It's unfortunate that you really need to have a law degree in order to know the rules of the game. I plan on using this attorney/advocate who will attend my next IEP meeting with me, but not without having the draft first - unless they plan to re-write the entire IEP from beginning to end at the IEP meeting.
Oh, I also learned that the school doesn’t have to provide the best possible education. They only have to provide a basic floor of opportunity so that your child will PROGRESS rather than REGRESS.

Remember- this is not a quality of education issue, this is a, "How the heck are we supposed to provide special education in the public schools that are underfunded and understaffed issue".

I just had to respond to this comment. I beg to differ, if that was the only problem of underfunded and understaff. There is other issues that are just as important, and the main one are the attitudes, biases and outright discrimination practices that work against all special needs children and is done throughout society and not just schools. Even if the schools were funded and staffed at proper levels, parents would still have trouble accessing services. I can think of all kinds of scenarios that have nothing to do with funding or staff. All have to do with attitudes, biases and discrimination. The excuse of no funding was used on me a couple of times. It ended pretty quick, when I dug for the reason in behind the no funding comment. The reason was, the school would not provide the software because it would be an unfair advantage over the other children. The led me down a pathway, where I concluded it was the top reason for not following the accommodation list and why the school made my life difficult and try to sabotage the efforts of home re-teaching. In fact, my daughter came home today, and reported to me that some of the kids who are not LD, accuse her of cheating because she brought a small book, with an attached CD that shows the major terms and concepts in Earth Science. Than they proceeded to tell her, it is an UNFAIR ADVANTAGE. This is not the first time this has happen where children have accuse her of cheating, but it is the first time she heard unfair advantage by the children. She decided to ignored the comments, because she has only heard those words at home. Looks like the parents of the smarty pants, have been busy combing education sites looking for ammo, because my LD daughter has the highest grade a 99 % in science. This is not the first time for these parents, who think LD children should not be provided accommodations if they are receiving a passing grade in the subject. With accommodations my daughter does well, but without them she does not do well. These are the same parents who complained so much over the extra time and quiet room, the school was forced, along with my child to take the test in the classroom, and use a hand signal if she needed more time. Why would or how could parents do this. I could not fight them, when they were big contributors to the school. Thankfully, they have little pull in the junior/senior high school. This takes the cake today, where they are now attempting through their children, to eliminate the growing collection of education books from coming to school , so my child can use them as she is doing her school work.
The problems that special needs kids and their parents faced each and every day, are not limited to this group. Asked people who suffer mental illness or a disease that puts them in a wheel chair. These groups could tell you a think or two. What they will all tell you, that funding is nice, but it still will not solve the underlying problems that cause the underfunding in the first place.

This forum is becoming a vast discussion of one horror story after another.
I recently spoke with the head of our schools special needs dept. and he explained to me why it may be difficult for so many schools to provide or go out of their way for timely responses to your needs. Once again it comes down to federal vs. state education policies and the almighty dollar.
There is no uniformed way that federal mandates get funded and responded to by state school systems. Like many decisions handed down, local schools are either understaffed or underfunded to accomplish it's goals. It is simply not beneficial for local schools to follow the rules and laws.
However cruel this must seem it explains why so many parents have trouble getting the help they need. I was very lucky it seems that I did not have the difficulties many of you are having. At the time I thought it was grueling but I now see how really lucky I was.
Every year special needs staff are cut, budgets are dwindled away, resources deteriorate and yet every year more federal mandating is done in the name of special needs. "No Child Left Behind" shifts funds from school to school making it nearly impossible for consistant testing and teaching.
Although I realize that this does not make any difference to those of you that are fighting with a system that seems unable to meet your needs. I guess I'm really stating this for those of you that are standing your ground and fighting the good fight. Remember- this is not a quality of education issue, this is a, "How the heck are we supposed to provide special education in the public schools that are underfunded and understaffed issue".

Be patient...This is a slow process....sometimes like watching grass grow. These evaluations take time to write. Usually you will have to wait for the better evaluators because they are backlogged.... If there is a wait, there is a reason...

witendmom:
I strongly recommend you get an IEP and not a 504. The 504 only protects him against discrimination due to his disabilities. The IEP is designed to establish an academic curriculum based on how your child learns and will provide technological assistance, if needed. Based on the needs - instructions can be one on one, smaller group or accommodations in the regular classroom. The evaluation for ADD can be at the expense of the school. If you have insurance - get your own evaluation - I would want it performed by an independent source recommended by my pediatrician. But, if you can't - get the school to pay for it and see if it can be performed by someone of your choice. Also, continue to do your homework to know your rights for your child. Here are some websites I found that were informative and I printed/reviewed/made notes/learned A LOT!

www.ed.gov/parents/needs/speced/iepguide/iepguide.doc

ericae.net/edo/ED352747.htm

wrightslaw.com/

www.pbs.org/wgbh/pages/frontline/shows/medicating/schools/feds.html

To Witsendmom: I would love to help you in more detail, but I have a problem. I only know the basics of the IDEA laws since I am from Canada. So, I would suggest to either make a new post on learniing difficulties requesting help in this area or wait for the other girls on this post who will certainly show you the ins and outs on the processes. So calling all girls, Witsendmom needs help in the beginning process of obtaing help for her child, who is on a wait list to see a doctor for assessing ADD in her child. I suggested to her to request in writing, a formal assessment, and the other avenue of a 504. She just needs a good start, because it sure sounds like it is the same old sad story of schools putting parents through hell.

To therose:

Thank you so much for sending me all that helpful information. I am so glad that I found this site, because I was at my witsend as my name says. I didn't know where to begin. Tomorrow I am going to meet with my daughters teacher and I will ask her about the Psycho educational assessment test or you said to let you know if I am interested. Yes, I am definetly interested. I want to get this ball rolling, I don't want to wait to long.

Again, thank you so much for all your help.

To Witsendmom:
The individualized education plan or IEP is a specialized educational plan for students who are eligible for special education services under the Individuals with Disabilities Education Act (IDEA). The IEP is written by a team of professionals and the parents together to target what goals and objectives the student will work on over the course of a year, though reviews and revisions may occur by the team meeting together at any time.
The IEP, as a document, consists of:
1. the demographic information of the student
2. The names of the people who make up the team writing the document
3. The services to be provided and eligibility
4. The amount of time the student will receive services and frequency of such services
5. Present levels of academic and functional performance
6. Measurable annual goals
7. The instructional setting (placement)
8. Related services that are necessary
9. How the disability affects the student's involvement in the curriculum used in the regular classroom
10. Modifications for the regular classroom to increase the potential for the student to access the regular classroom curriculum
11. How Special Education will help the student reach their annual goals
12. The extent to which the student will be involved with non-disabled peers in both extracurricular and nonacademic activities
13. Program modifications or supports needed
14. Procedures to inform the parent or guardian of progress toward IEP goals
15. Participation in district and state assessment and accommodations or modifications needed
16. How assistive technology needs will be met if necessary.
17. Behavioral interventions that address the needs of students with needs in that area
18. Language needs of children with limited English proficiency
19. Communication needs of hearing impaired students, with opportunities for communication with peers and teachers in the child's language and communication method.
The key people involved in the IEP process are: the parents, regular classroom teacher, Special Education teacher and other related service provider, school psychologist or other specialist, the site administrator and the child when appropriate. These are the people who are responsible for the task of writing the IEP and implementing it once it is put into place.
While all of the IEP is important and should be regarded as such, some areas stick out more than others. Eligibility is a big issue, in what area is the student eligible to receive services? Is the child learning disabled? Emotionally disabled? Are they considered to have low potential and need a functional type of placement? Do they require additional services, like Speech, OT or PT to help them be successful? How much time do they require out of the regular classroom or can their needs be serviced in the regular classroom? In what subject areas do they need extra help? All of these things are discussed and decided in the initial IEP process.
Another important facet of the IEP is the levels of performance. This often helps to determine the answers to some of the questions listed above. Many students are able to be successful within the regular classroom curriculum with a minimum of support. This is called the least restrictive environment. The least restrictive environment is the environment that allows the student to be successful with the least amount of time removed from the regular classroom. For example, a regular classroom placement is the least restrictive. The most restrictive might be a special school away from the school that the student would normally attend or a placement in a different agency. The school district is responsible for providing whatever least restrictive environment will allow the student to succeed.
It is important that the IEP be written with realistic and measurable goals. It is not enough to say that the student will progress in reading. The IEP must state the level of performance at the onset of the IEP and what expected gains will be made. The goals must state the criteria for mastery and the way that mastery will be measured. In the IEP, the goals are the student's road map to success.
Other-related services will also have goals that are worked toward throughout the year of the IEP. With the mastery of the IEP goals, new goals are discussed and put into place, often at the yearly review.
With the testing that is now required of schools to show growth, students receiving special education services are also required to make significant gains and show that taking district and state tests. So the student may receive some accommodations to help them be more successful. For example, one of the accommodations that is acceptable for a special education student who has a reading disability, might be having the directions of the test read to them and clarified in English. Another accommodation would be to read the items on the test in Writing, Social Studies, Math and Science. These accommodations are permissible within the testing situation provided it is indicated on the IEP. Other modifications may be given, however, the modifications must be spelled out in the IEP and must relate to the disability of the student.
Individual Educational Plans are formulated to help the disabled student be successful in school. They are legal documents that must be adhered to and reviewed annually. They are very specific to the student and allow the student the avenue to grow and the teachers a plan to follow to facilitate the growth. While they can be complicated, a good IEP can help a student to make gains that otherwise would be impossible.


You can find this information all over the net, including Great Schools. As for your question on Attentive Dificit Disorder, a medical specialist must be the one to diagose this order. More than likely, there is a back log on all the cases because schools are telling parents first to get the medical assessment, before you can receive services.Just another way for the school to avoid special education services. As far as I know, but maybe the other girls will know it better, your child can be help under the IDEA laws before the assessment. There is also another way called the 504, which can be used to facilitate help now at the school level.
The IEP is usually granted after a child has been assessed, to set up the plan and to follow the recommendations. While you are waiting for the medical assessment, as a parent request an psycho-educational assessment in writing to the school. The school cannot turned down your request, and this is also law. On the testing, they can check for any learning problems relating to ADD problems, and most kids who received this kind of testing, have some form of tests that test for this - even the learning disability kids. So, if you decide to request one, let us know and we tell you where and how to do it.

Can anyone tell me what iep means? My husband and I believe our daughter has inattentive ADD and want to get her tested. I called one place and they are giving me appts. for June 2009. I told them you got to be kidding me, I can't wait until June. I called another hospital and she is going to send me paperwork in 2 weeks. I have to fill them out and then send them back and in January I can make an appoitment. Can anyone tell me why does it take so long to get a child tested for ADD? Does anyone know how I can get my child tested sooner than January of 2009, because it is effecting her school work. I live in Queens, New York.

mgj0623 & jdeekdee,

"Last time I asked for the "rough draft" they said they dont give out rough drafts."

When you attend IEP meetings is any of the forms filled in/written on prior to the start of the meeting?

So next time they say they don't do drafts, and if the IEP documents have writting on them before the meeting starts, and that isn't a draft and is the actual IEP, the school/district is in HOT HOT water. That is a HUGE no-no under IDEA! They definitely know better than to do that!

Technically, you only need two people at the IEP meeting. I have had numerous IEP meetings with only myself and the district representative (IEP ODR). I don't reccamend this for the annual meeting, but it's o.k. if your reconvening to modify the IEP. There always must be an ODR, the rest isn't as significant in meeting federal regs.

If someone important to the IEP team can't attend a scheduled meeting or must leave early every meeting, you can:

1.) Request to meet at a more convienent time for them such as after school, a couple hours before school, on a Saturday or school holiday.

2.) You can make a list of each item needing to be addressed. Then you request to meet once a week with only those who need to give input relating to the item of that week until they are all done.

3.) You can list several days/times you are available to meet, whom you want to attend, and request a certain amount of time for the meeting, you could schedule several meetings if everyone can't meet at the same time.

5. You can hold the meeting w/ some team members via teleconference and/or have them give their input prior to the meeting in writting.

By the way, IDEA clearly states there must be measurable goals and an objective standard of measurement. Not just teacher observation and/or grades, those are very subjective.

Good for you to tell her to schedule the meeting when she CAN be there. By law, there are certain people who HAVE to be in all IEP meetings, not sure who. I think Sharie can tell more about this.

One thing you can do is if she refuses to come, request PWN on that LOL !

When schools want to call IEP meetings I'm not sure if there is a 'time limit' on it. Most , if not all, times they stall or don't call the meeting at all.

But when PARENTS call an IEP meeting, there IS a timeline (10 days I think from the date of your WRITTEN request).
So if you want to, YOU can write and request the meeting yourself. Choose 3 dates/times that will work for you.

As for having enough time for the meeting, if they want to limit the time, just tell them you want to either
1) reschedule the meeting for when there can be enough time to address all issues
2) go to the meeting anyway and at the end tell them you will be requesting another meeting to finish.

THey think parents don't know they can keep requesting meetings , so they hold short meetings so all issues won't get solved and hope parents will drop it.

I hope she helps you get it all straight! She said 'where are the goals'?
Say- I am going to request PWN on refusal of goals. (LOL) but really, you CAN do that! And also file state complaint.

''Last time I asked for the "rough draft" they said they dont give out rough drafts.''

Request PWN for refusal of this, and file FERPA complaint. You have a right to these documents.

I have found in the schools that I know, that some children do only oral testing, because their problems are more severe in the writing part. For most children, the written test is taken, with the oral taken after. With a child like mine, the written portion is a disaster even though she knew the work well. So the mark is raised by the oral part, which and for many children will do very well in. This is finally being work on this year at the school, after years of neglect. For the first time she actually pass a written language art test . She received a 62 %. This year, an oral would only be taken, if she failed the written portion or received a mark in the low 50s. The goal for the next two years, is to improve her overall writing so can take advance or academic course in English. She needs to have it to qualify for university entrance. She will still have her accommodations, but hopefully with the new strategies and skills she will learn in the next two years - she can maintain a 65 % or better in senior high school. I am not too worry about this grade for entry into post-secondary schooling, since her maths and sciences are high, and should help her to overcome any objections at that level. Besides, she is not about to take any courses of English at university learning about the heavyweights of Literature. Her interest is in science, but she should become better at writing of tests and notes, since it will help her succeed in the science part. I am telling you this, because when making decisions for your child always keep this in mind: 1. Will it help my child in the later grades 2. How will it help? 3. Will it help my child to accomplished their dreams and 4. If the child does not have dreams, make sure all avenues are open to him.
My child who is now 13, is grateful that I have work so hard to keep her dream going. For a period earlier this year, we both thought it was gone due to the actions of the school. So, don't let the school tell you that you are foolish to think about your son's future that are quite a few years away, decisions made today can affect a child's future.
Or
If politicians who made the regulations lax for banks and big business, had thought of the future ramifications of easy credit or globalizing our basic needs such as food, water and heating fuel - the world would not be in the mess today. If only they thought about the future..........

Last time I asked for the "rough draft" they said they dont give out rough drafts. LOL. I will ask the ESE director this time and will put it in writing that I want it prior to the meeting. I'm tired of wasting my time to attend these meetings where nothing happens. This is my 3rd meeting since he was diagnosed as Dyslexic and he still does not have any accommodations or services.

mgj0623,

Tell them you would like a IEP rough draft from the "internal meeting" to review prior to reconvening the IEP for revisions.

therose..can you believe it? I think it's time for her to retire!!
(Before I met her I asked my 7 year old about her. He said "she's really really wrinkley even on her cheeks and she's about 99 years old and smells like smoke".. ha ha. The funny thing is..he was right!!)
Speaking of oral testing...when we discussed this, they said "would you want us to re-test orally and have him take the written test with everyone else". They weren't sure how to do this.
What is typical? Do they normally take the test with everyone else and if they fail, they retake orally? Or, do they do it orally the first time? How's that usually work? If they've never had a child do oral testing, they probably wont know how to do it! ha.

Yes, I did a PWN on all of the items they refused.

Today I received a call from the ESE Director personally. She apologized (sounded sincere) and admitted they did a poor job on the IEP. She personally reviewed my sons test results and said she completely understands my position. (Hum..we'll see?)She said they are meeting internally as a team tomorrow to review and they will contact me to hold another IEP meeting when the children return from Thanksgiving Break. I asked that she attend. She said she would if her schedule permitted. I said we would wait and hold it when she IS available. I told her that I felt like I was dealing with ammatures and people who live within a box and refuse to come out and that I wanted someone with decisioning making power to attend this meeting and I felt it would be important for her to be present. I also told her to schedule for more than an hour and to make sure there weren't other conflicting meetings on anyone's schedule so that we could complete this once and for all.
She sounded sincere, but I'm not convinced. We'll see. So far, she's been the only one who seems like they know what they're doing. She personally read the IEP and said "where are the goals?" ha ha...I told her that I asked the same question. She apologized again and said she would take care of it.
I'll keep you posted!!

" In my 30 years of teaching, I have never done oral testing" Hah, and I bet she never care to pondered why on that question. As for the term, enabling - I have heard this throughout the years with my child. Used to denied accommodations or tried to stopped me from teaching my child at home. Next time any educator uses this reason, put them in their place. It is a sorry excuse, when the underlying reason is that the teacher thinks it is an unfair advantage over normal children. They somehow have concluded that any accommodations, will not help them in the long run in the real adult world. Anyway, here is the line:
" Would you asked all the kids who are wearing vision-corrected glasses, to remove them for all school work and tests because it gives these children an unfair advantage over the normal sighted children? " Of course, the teacher would say no. Than you will say, "Than why would you want to remove or refuse an accommodation that is essential to my child's learning as it is essential for a child who wears corrective vision glasses in order to see? "
I can't wait to use this line. At this point, they have lost the argument, But some will persist, remember where the term comes from and how it was coined. The term was coined for people who enable alcoholics to continued on drinking, by their own actions or inactions. Just think for a moment, the teacher inactions for not providing the needed accommodations, the teacher has enable herself to do the same things as she has done over the 30 years. Just like an alcoholic, who will come up with all kinds of excuses to continue drinking and more so when the people around him allows him to do so by their actions or inactions; so can the teacher by the inactions or actions of other teachers, principals, and into the upper levels of a school system.

''I had a separete attachment with an entire list of things they didn't want to include.''

Since this was separate, did you specifically ask for PWN on these things, too?

'''They said "in my 30 years, I've never had to do oral testing for a child" ...I just replied and said "That's too bad for the children who could have benefited". ''

Oh YEA, that is great that you said that! They were probably lying to get out of doing this. UGH.

''They tried to say they would do many of these things normally and he said "Oh great, so lets put them in the IEP", but they refused. ''

They refused because they KNOW they dont' have to do anythign that is not in IEP. I would write and request PWN on them refusing to put these things in IEP plan AFTER they agreed to them.

I can't wait till you get a reply (if you do). IDEA states they are to give PWN within a 'reasonable' time period. I always hear others suggest wait 10 days and if no PWN, file state complaint. This is the next legal step to do if you don't get it.

SurvivorMom has some points regarding schools and the teachers that dwell within them. I think she has touch on points that we all have dealt with on a ongoing basis. I will go further and that this has been a problem since public education existed. Looking at the 19th century, in particular the last half: special needs children and their parents had to deal with discrimination, biases, based on nothing more than being seen as different or incapable of learning. Even back then, people had the notion that children who were different, could not learn and therefore did not merit any attention or were ignored in school, until they went to work at the age of 12 or so. The new age of the 20th century, parents were still dealing with this, but they had to content with governments (yes, this includes Canada and United States) where some of the children were taken away from their parents, to be put away in institutions and release when they are adults. That is, if they survive the abuse and experiments conducted on them. One of the worse cases in Canada, is the Catholic Church in Quebec. Many of the children who were put in the institution - their only sin was being born in a poor family. During those times, there was some bright lights. Such as Winston Churchill, Albert Einstein or Thomas Edison. Their successes in life, were because of their parents who never give up on their children, because the alternatives would be unthinkable. Of course these parents have some choices, that many parents did not have; mainly due to not having the money or the skills needed to help their children. The latter part of the 20th century brought new changes, where special education classes were brought in with inclusive classrooms being introduce in the last 20 years of the 20th century. Parents were still expose to the biases, discrimination and attitudes towards children who have some type of special need. Like the teacher, who will shout at the deaf child, instead of a normal tone or the teacher's thinking or attitude towards children that have scored below normal in IQ testing. How many parents have fought with the school system trying to get help for their children to no avail? Schools basing help on the basis of IQ scores.
Now that we are in the 21st century, parents are still dealing with this. Even though the advances that have been made, parents are still dealing with the biases, discrimination, misconceptions and ignorance that is still found throughout the public education system, political circles and in our very own communities.
I try to educate those around me, regarding learning disabilities. I don't anymore, since I am either dealing with people who think my child is an exception to the rule or that she never really had LD or others that think since her grades are good, the standards in curriculum should be raise. Some actually think, that kids who have LD are actually are developmentally delay and are only capable of reaching a certain level. My own experience has found this kind of thinking in the public education system, especially in the upper levels of the system. Somewhat directly related,on Canadian news, a woman who has ALS, and is now confined in her wheelchair and is incapable of speaking. Wrote on her computer, she is so sick and tire of people treating her like she is mentally challenge. Again she is dealing with misconceptions on the same lines as parents whose children have invisible disabilities.
Perhaps SurvivorMom is right, a new movement should be started to end what is going on in the schools. But I would add, the whole world should be included. Every country in the world, parents who have special needs children are faced with the same things on a daily basis. In some countries it is far worse than Canada and United States, because the education authorities really do think these children are not suitable material for schooling. Yet no matter where one lives in this world, and what situation that one is facing - the underlying message is the same for all and that is your child has been written off in some form or fashion.

I did a PWN for several items that I wanted to include in the IEP - I had things like 1. Refusal to allow him to read to a teacher or aid for 15 minutes/twice a week and have them ask questions to ensure he's comprehending. 2) Refusal to allow him to do oral testing. 3) Refusal to allow or evaluate him for assistive technology. I had a separete attachment with an entire list of things they didn't want to include. They really didn't want much of what I had to say in the IEP. It was already written when I got there and "they have 30 years of experience with writing these thing". They said "in my 30 years, I've never had to do oral testing for a child" ...I just replied and said "That's too bad for the children who could have benefited". The feel very strongly that too many things would enable him. My husband told them that we do not want to enable him in anyway, but that accommodations would provide him with the extra help he needs right now. They tried to say they would do many of these things normally and he said "Oh great, so lets put them in the IEP", but they refused.

Unfortunately I am in Alvord Unified School District in Riverside Ca and I am willing to relocate if needed to find a better school for my son. I am just tired of the fight at this point. Its wonderful that you found a better placement for your child's education. I hope that I can be as lucky and then I will have some nicer comments to say about the teachers and the board. Again if anyone knows of any really good schools that appear more supportive of this problem and are more capable of educating our children then please please do tell and share your knowledge. Knowledge is power and in this case its definitely the key to some of our current problems.

Thanks for understanding my cause for the upset on this. I really don't think we are alone and the problems are not isolated any longer. Some districts maybe better than others this is true but there has to be someway to get the board to here all of our pleas if nothing else but to go to the media and press to be heard by the politicians. I know everyone is afraid because no one wants to keep their kids from getting the education that they deserve,but its the poor parents that I see day in and day out that are almost in tears when they talk about how their kids are mistreated or how they themselves are being mistreated by the staff in the school and the board. This is why I said if enough of us did complain then I believe maybe something would happen. I know things are case by case because some are in a better district but just to think these kids are the future and they will be the ones taking care of us or running the businesses when we are too old. So I am scared for us all when I say that the schools are damaging the planet as we speak in alot of ways when the multitude of the population is having problems and only a few are experiencing the joys of their education. In another words it should be the same across the board to leave no room for error for the bigger purpose. I am just tired of their excuses. "Excuses are for the least incompetent." Since they have no sympathy for the poor parents why should we have sympathy for them. Its just my opinion. I am so sorry if I upset anyone but I think our kids have a harder way to go in this day and age and it would seem crazy to add something else to the pot like a poor school system or board. Thanks again for the info and for hearing my plea on this its strictly for the sake of our kids that I am whining I guess because I have seen way more than what I have wanted to see from them and not in a good sense.

I hear your frustration, and this may be the case in your area, and I truly felt the same a few years ago about my district until I learned the truth through lots of investigating. In my area the most of the teachers really do care, but they have obstacles to overcome such as;

A lack of knowledge on regs, disabilities, and methods of instruction. Often the district fails to provide these courses, along with other resources to teachers.

They are often forced to follow administrative directives (unwritten polices from principals, district supervisors, etc.) or face reprisal.

They are also often working in overcrowded classes with too many reg ed students muchless adding on top students who require a lot more individual attention. This is the state and districts fault.

survivormom I surely agree with you. I have had a few years to 'calm down' so to speak when I went thru troubles with our school.
I had to take my 10 yr dd out to homeschool about 3 yrs ago, best thing I ever did.
Every once in a while people on the message boards I am on will talk about getting together to DO SOMETHING about all the crp that schools do, but it never gets off the ground.
I have been where you are, it is awful. I was so mad and mean that I got booted off just about every message board I went to, and the boards were for this very problem!

I am not trying to be sarcastic but, really when our children's lives are on the line which they are. This really is not a time to stop the press and cool the jets on the teachers. Fortunate for us there are a hand full of good teachers and sadly there are more bad teachers. Realistically speaking some individuals should be given the love test before they can begin to teach or work with chilren to see how much compassion they have for all children in their hearts and if the meter reads that they are lacking complete unconditional love, then hopefully we can dismiss them from the recruitment list of teachers and then perform the same recruitment background on the staff in the school board. I run into parents daily who are disgusted with the current processes of the school system and the teachers alike. I understand that some staff are doing their jobs, but then of course there are those cases when the teachers are being tyrants. So, this is why I say stop giving them that option to clown the parents and then I believe the school system will comply because we need people to teach our kids and if they have no reliable staff on hand to do the job they will do what the law has enforced without us as the parents having to reinforce things which is so rediculous. To be quite honest, if they really cared for the kids meaning the school systems and the teachers would offer all of the options and/or solutions to the parents and then follow through with what they advocate each day "We are for the success of your child"...really is that right...then they need to prove it more. Sorry I can't give the teachers any love but when they tell parents to put their kids on drugs which could kill them before it helps them and then when you try to comply and help your kids they still give you a hard way to go. Maybe I need a new school and its only me but from all of the postings and the people that I speak to daily I think the problem is now wide spread enough to put all of our feet down firmly and join hands to make the world a better place rather than the teachers or the board system taking so much control. Nice how my tax dollars are being spent...certainly not wisely...I am sorry if this is an angry sounding posting but, believe me my anger is only for the sake of our kids I could just scream. I think if alot of parents had the time and patience more would stay home to home teach rather than deal with their non-sense. I always say to people "If you are not part of the solution then you are part of the problem." I mean this whole heartedly towards the school system.

Hey mgj0623, what did you request PWN for?

Another great website - government IEP:
www.ed.gov/parents/needs/speced/iepguide/index.html#team

I came across this website: Special Education Timelines. A lot of great info.....

www.d300.org/click/pupilpersonnelservices/b.2282.r.2428.html?filename=special_education_charts_(

Our pediatrician was a great help. Your son shoul qualify for services under " other health impaired"
If you Dr. requests that he be evaluated for services they cant legally deny the request.

Is it 10 calendar days or business days?
Thanks

My PWN has been sent! I faxed to the director of Special Ed and cc'd the principal. I plan on hand-delivering a copy tomorrow to ensure it didn't "get lost". Stay Tuned....and thanks again.

To SurvivorMom: Cool your jets on teachers. Teachers are only following the rules of administrators, which in itself does not give them the right to mislead parents but it could be their job at stake, when disobeying orders from the principal or higher. The Obama team is aware of access issues at the school level, and the hell most parents go through in obtaining help. It boils down to schools, boards and even the state not informing parents of their rights. The schools benefit, because it will reduce overall costs of SE services, and overall costs - by keeping parents ignorant of their rights and children not being able to access the proper services needed. Obama's team pinpoint the problem, of a lack of funding, where it is very hard for a school to meet the mandate of the IDEA laws. That said, it still isn't right that schools are causing a lot of hardship for parents and their children especially for the ones who have special needs. By doing so, the schools are supplying on a yearly basis, a fresh supply of illiterate or functional illiterates in reading, writing and math, drop-outs, and contributing to the social troubles of society. The schools keeps the stats from going down or worse increasing them. The costs to society cannot be measure, but it does cost society dearly. Now, would it not be nice to see schools do their job, and make sure each child reaches his or her potential? Each school board, state agencies also do their job to help schools reach their goal of each child reaching their potential? Instead of setting agendas, that are based on costs, without taking into account the learning abilities of all children.

Hey SurvivorMom! Man ain't that the truth for us LOL
we're all just trying to survive!!

So you are wanting to send your child to a different school? Or just a different teacher in the current school?

For either of these, you have to follow the special ed laws in order to do them.

They DO realize their impact on children, they DO realize the corruption they are doing.

It's a lot more complicated than telling Obama to fire the teachers. The teachers are only doing what they are told to do by their administrators. It's the bosses over their heads who don't want to help the children. So if a teacher doesn't follow an IEP plan, doesn't help the child, etc. Most times it's not because the teacher doesnt' want to help, it's that the administrators are telling them to do these things.

I do have to say though that LOTS of teachers ARE bad and the ones over their head don't have to tell them to do bad, they just do it anyway.

So what to do about all this mess? It has to go to the top level. The people who make the special ed laws.
First, they have made these laws so vague that schools can interpret them any way they want and still be within the law.

The main reason all this happens is because no one enforces the schools to do right and follow the laws. From state dept of education , due process hearings in court, all the way to the supreme court, NONE of these have helped. ALL of them let schools do wrong and no one cares.

As for how to stop this? I just don't know.
If you want more help go to this message board --

www.millermom.proboards107.com/index.cgi?board=Education

What you do now is -
1) write to the district special ed director and state that xxx (person's name) told you "Individual help doesn't happen in public schools because we dont have the funding".
State that you are requesting prior written notice as mandated by IDEA law for refusal of providing your child with individual help.

2) In this same letter, request a copy of the written legal policy that states they do not have to offer individual help

(LOL, they will get a kick out of this one) If there is not policy (and there isn't) they can't do this.

You revise the IEP plan (but I don't know if you are suppose to write your changes right on the IEP plan or another paper) and write and request an IEP meeting to go over your changes.

What they will do is agree or disagree with your changes. Mostly disagree. After this meeting happens, come back and we can tell you what to do.

I would not send your changes in to them by mail. ANY changes that are done to an IEP plan HAS to be decided upon IN an IEP meeting.

As for who attends IEP meeting, IDEA law requires specific people have to be on the IEP team and attend all IEP meetings. You'll have to ask Sharie who these people are, I'm not sure.

When you request an IEP meeting, do it in writing, date it and keep a copy for yourself. If I'm not mistaken they have 10 days from the date of your request to hold the meeting.

Take the copy of the medicine law with you to the IEP meeting, give them a copy and state you do not want meds to be mentioned again.

I hate having to deal with my son's IEP teachers they are horrible. To be quite Frank from the front office to the classroom the school sucks. If anyone knows or has a really good IEP or Special Day Class teacher for my 9 yr old please let me know. These schools are so rediculous they make you jump through hoops to get the proper help needed for my children's education. How low they can stoop..I don't really believe they realize how much of an impact they make of a child's life and if they are conscious of their lack of real support then they have to know they are going to He** when they leave the planet. A child is the most innocent being until adult corruption. Please anyone lets all get together and email Obama to fire all of these bad teachers or at least make them sign something that puts their jobs at risk so that parents like us don't have to keep dealing with this kind of nonsense on a daily basis.

Oh wow! Great info..
So, my next step is to request PWN.
they've given me the opportunity to revise the IEP. Think I should revise, submit it to them in writing and have them give me PWN?
At the same time, request a second IEP meeting and insist folks from the district level attend?

Dee101 you are right about the school can give out meds in those situations, but what the issue is here is that the school is telling the parent to take the child to the dr and get meds.
Schools are NOT suppose to do this.

I suggest not getting a lawyer 'yet'. I know that most parents don't know the IDEA laws, they don't know there is a specific step by step process that they are to follow when a school does wrong.
I think getting a lawyer should wait until you have followed the whole process and THEN the school still does wrong.

Here's the exact statute law in IDEA about meds --

§ 300.174 Prohibition on mandatory
medication.
(a) General. The SEA must prohibit
State and LEA personnel from requiring
parents to obtain a prescription for
substances identified under schedules I,
II, III, IV, or V in section 202(c) of the
Controlled Substances Act (21 U.S.C.
812(c)) for a child as a condition of
attending school, receiving an
evaluation under §§ 300.300 through
300.311, or receiving services under this
part.
(b) Rule of construction. Nothing in
paragraph (a) of this section shall be
construed to create a Federal
prohibition against teachers and other
school personnel consulting or sharing
classroom-based observations with
parents or guardians regarding a
student’s academic and functional
performance, or behavior in the
classroom or school, or regarding the
need for evaluation for special
education or related services under
§ 300.111 (related to child find).
(Approved by the Office of Management and
Budget under control number 1820–0030)
(Authority: 20 U.S.C. 1412(a)(25))


OK, here's a link that explains 'prior written notice'. It doesn't explain in detail so I'll explain below the link --

idea.ed.gov/download/modelform2_Prior_Written_Notice.pdf

OK, whenever the school wants to start, refuse, change or stop anything having to do with the child in special ed, they have to give this 'prior written notice' to parents. It's a VERY strong safeguard for parents in getting what the child needs.

Schools are suppose to give this automatically without parent having to ask for it, but most times they don't. ANd even when they do, the PWN is illegal and doesn't follow the law.

Even top US sped attorney Pete Wright says in all his 30 yrs as a lawyer he has NEVER seen a school do PWN legally, most don't give it at all.

See, when schools decide they want to stop IEP, refuse to do an eval, refuse a specific program, or anything else, they HAVE to have LEGAL reasons for doing these things. And most times they don't.

The prior written notice does not have to be written on a specific 'form' but it DOES have to include everything in the link above.

Here's a scenario- you ask for an eval to see if child qualifies for special ed, and the school refuses. You ask for PWN. Now, if the school has a LEGAL reason for refusing, they won't mind giving the PWN.

((But since Pete Wright says he's never heard of a school that gives PWN legally, what does that tell you?
That schools NEVER have LEGAL reasons for their decisions!))

*sometimes* when you ask for this PWN the school will
backtrack and do what you want (the eval, etc) because they will NOT put ILLEGAL reasons in writing in the PWN.
IMO, the PWN is the ONE thing that can help.

Still, most schools are STILL stubborn and will NOT give it, they will say the IEP meeting notice is the PWN, the meeting notes is the PWN, or some other crazy stuff like this. YES they HAVE said things like this!

Soo, when they don't give PWN or don't do it right, the next step is to file a formal state complaint.
When you do this, the school is most likely to backtrack and do what you want (the eval) because they won't want the state to know they illegally refused to do the eval. This exact thing happened to me.

As for 'individualized help' this is definately the law they have to do this, but I don't know the 'exact law' for this. If you go to this board they can tell you -

www.millermom.proboards107.com/index.cgi?board=Education

PRIOR WRITTEN NOTICE (PWN) is a Powerful tool

community.greatschools.net/groups/11554/discussion/168191

Actually, the school can give out medication with a legal document that THEY themselves present you with to take to your doctor for approval. Write or call your State Legislative Office for further information, and, the Department of Human Services in your state.

Hello, I just read your question about an IEP. My grandson had one in the first grade but I went to the BOARD OF EDUCATION connected with the school and demanded assistance for my grandchild. I never take "No" or,"I'm too busy," or "I don't know what I can do" for an answer from anyone pulling that kind of salary off the backs of our children. I have paid taxes into the system far to long to be stepped over like a piece of tissue paper. Demand and receive what you expect from those hired to assist your child and in the future, they will think twice before they ignore your requests.

Hi mgj0623- I just read all the comments. To address some of your concerns in searching for info on the Wrightslaw site. Used their search engine, and keep it simple. I was just on it, and search for Prior Written Notice, and out pop all kinds of info. Remember, the first few pages will have a greater percentage relating to your inquiry. Below are two pages directly related to WPN from the Wrightslaw site. One is what an advocate has discovered and the other is related directly to the law and what parents have at their disposal. On these pages, there is all kinds of links that will directly connect you to the IDEA laws and the sections that you are looking for.

tinyurl.com/5lkdvh
tinyurl.com/ne77g
tinyurl.com/6yd4jx
tinyurl.com/56svv6

This should help you out now, and confirm to you what others are saying to you, and the school's position is dead wrong and illegal.

THANK YOU JDEEKE!
Few questions about your response...
When you indicated that it's a Federal Law that the schools can not even mention meds...do you have a link somewhere that I can print the law? I can't find any of these laws on wrightslaw.
Also, with regard to the "Prior Written Notice", can you explain more? I've heard this term, but exactly sure what this is. Is there anything in IDEA that says they have to provide individual help? If so, is there something I can quote back to them as well?
Ok..I'm over the disappointment of yesterday. Now I'm angry and ready to fight back!
Anyone interested in a vacation to Florida to join the fight?! LOL :-) (I'm considering hiring an attorney to help)

jdeekdee - Well said!! I think you covered it all. Amazing what the schools try to do. It's really awful.

mgj0623
I wish it were written so clearly for you/us to find - none of us would be so frustrated if it were. The chances are the teachers/administration may not know what all the requirements are either – that is what I found out from my experience last year. Check out the web below which is from the Office of Civil Rights via Ed.gov.
www.ed.gov/about/offices/list/ocr/qa-disability.html

What types of services are required for students with disabilities in elementary and secondary schools?

School districts are required to provide a free appropriate education to students with disabilities based on their individualized educational needs. The services may include special education and related aids and services such as physical therapy, as well as modifications to the regular education program including adjustments in test taking procedures and adjustments to rules regarding absences when a student's absences are due to a disability.

Push/emphasize to them what was written/recommended in his assessment. Advise them they are obligated to provide him an individualized educational plan based on HIS NEEDS as evidenced in the assessment. Advise them if they can’t provide an IEP at their school – then they are obligated to go through their school board and determine what school in the district can provide the IEP and provide the transportation for him too. This is what I found out for my state/district from the school board. Try for yours. Good luck!

Since they keep suggesting him to go to different schools, if it comes to this, THEY will have to PAY for it.
Anytime they want you to go to dr. and evals done, THEY have to pay for them.
I would NOT do an eval for ADHD since dr. already said he doesn't have it.
If you write a letter to them stating that you will take your child to dr and send them the bill since THEY are the ones who want him to go, this will shut them up.

Here's a GREAT message board to get help, the BEST on the internet --

www.millermom.proboards107.com/index.cgi?board=Education

I would recommend that you start with the book "From Emotions to Advocacy" by Pam and Pete Wright. Its a good place to start.

To mgj0623, when they have the IEP already made up before the meeting, this is called a 'draft IEP plan'.
Some say it's not illegal, but to me it is, because the IEP plan is to be developed by ALL members of the IEP team *IN* an IEP meeting.

What you need to do is really research your childs problems to find what the school needs to do to help.
Find out what all and IEP plan is suppose to include and research what your child needs as far as goals, benchmarks, etc.
Make a list of these things and call another IEP meeting to request these things.

All the things you disagree with, they will HAVE to take these things off the IEP when you state *in writing* what you disagree with, because ALL members of IEP team (and this includes you) have to agree to what is written in it.

''They said "Individual help doesn't happen in public schools because we dont have the funding".

Write and request prior written notice for this refusal. This is a flat out lie.

They can't make him go to another school. THEY have to provide what he needs.
PLEASE write down everything you can think of that happened in this meeting, what was said, etc and address it to the district sped director and state you want a copy of that letter to be put in your childs educational file. ANd keep a copy for yourself.

''In todays meeting they suggested that he go back because they felt his attention problems shoudl be addressed "chemically".''

This is a federal violation of IDEA law. It states that schools can not even MENTION meds. I would print that law out and give it to them with a letter stating for them to not mention meds again.

I think he's having the attention problems because he CAN"T learn, not because he DOESN"T want to learn.
SChools ALWAYS puts the blame on the child/parent to try and get out of helping.

Tell them that you do NOT have to take him to the doctor and that if they would provide the help that he needs then he woudln't be HAVING these problems.

More later after I read the other replies.

Ha Ha! Thanks "One praying Mom"...
I'm not finding anything under wrightslaw or ada that says they must provide "Individualized Instruction". I know IEP stands for Individialized Eductional Plan, they're telling me that doesn't mean he gets individual instruction. (I suggested 15 minutes/day...they said they couldn't provide). It's noted in his evaluation that this instruction is necessary, yet they say they can't provide it and I can't find any concrete law that says they must do so.

mgj0623
Sorry you are having such a terrible time.
Go to the following website to read what your rights are for your child. Also, just as an FYI - let them know if they want him homeschooled - you can arrange for that at their expense.
www.ada.gov
Good luck!

Thank You. I guess I really shouldn't be surprised at the results of my IEP meeting..but I am. I'm very disapointed. I really like my sons school and his teacher and I've managed to maintain a very good rapport with her.
Oh, did I mention that the school even suggested Homeschooling as an option!! They also told me to visit some private schools! OMG! While I think that homeschooling may be a viable option and a very good alternative for many, I was very surprised that they suggested it. I would love to homeschool, but it's just not really an option for me - unfortunately.
I have a very difficult finding things on wrightslaw.com. Everyone says this should be my bible, but I really can't find anything. I've looked for laws that show that my child is entitled to individualized instruction, or that my child is entitled to a reading program that is researched based on proven to be effective for children with disabilities. But, I can't seem to find anything relative on that site. I keep looking...but it appears that it's designed for lawyers and I'm just an IT professional. :-)

I'm ready to hire a lawyer..it's sad that it has to come to this and I'd much rather spend that money on my childs future educational needs, but I feel that I'm about at that point where this become a priority. It's sad!! I'm frusturated...but wont give up! I will do whatever it takes but I got the impression that most parents just agree and sign whatever they present to them.
I'm not opposed to a re-evaluation for ADD, but I think the next evaluation should be on their dime! I've already had him evaluated by a medical professional and the results were negative.
...time for a glass of wine!! :-)

mgj0623- Hello and schools wonder why parents are not happy! I know you have some rights. I am so glad you did not signed the papers - that would have been so bad for your son. First thing, write a letter to the school to recap the IEP meeting, and state what you have concluded. Just state it, and don't tell them how upset you were. State it something like, the school move to developed the IEP prior to the meeting of what I had understood to be designing the IEP. Words like that. Put it in bullets. Don't worry if the school does not respond, it will just mean that the school agrees with what was stated in the letter. From now on, every phone call needs a letter. Keep your file of recent letters by the phone. I have found, and I got hit again today with it, schools will phone when you have other things on your mind, With me, I was busy and the school phoned and I had a hard time recalling what I had wrote in the letter. When I hung up, I forgot to talk about concerns that are are very important to me. The reason for all the letter writing, is to start a paper trail, in case you have to take this further up the line.
Now being a Canadian, I am sure you have some legal rights and I am double sure what the school is doing is illegal under the IDEA laws. I would go on the Wrightslaw site, and look up IEP meetings. There is a lot of information on how to handle the aftermath of a meeting that you just have gone through. Plus other info on IDEA laws and I was just on it today - rather new info on changes that benefit parents/children.
The other girls who know more about the legal end, will start to tell you the how and why. There is also good info on Great Schools regarding this. Although I have not gone into detail, they had added quite a bit in the last few months.
So write the letter to the school, it will be a good exercise for you. I have found it to be helpful, in keeping me on an even keel. The hardest part is not letting my emotions get the better of me. Oh by the way, on the Wrightslaw site there is lots of different types of letter formats to use. Remember, make it as professional as possible and when you are writing it put on your lawyer hat, and take off your parent hat. Remove the raw emotion, and use words that make it very clear where you stand, without insulting them.
Yes, they have to provide services for your son. They cannot get out of that, but the debate is and in most cases what type of services. But don't worry, there is a legal remedy as a parent, and I still think it can be solve at the school level.

If you have the IEP with you, then make then I'd revise it to reflect what you believe needs to be in it put a line through things you disagree with and initial those then sign it and return it to them (make a copy for your records first.

I need HELP!!!
I had my IEP meeting today for my son who is Dyslexic. He has already been tested and determined eligible for ESE Services so todays meeting was designed to develop the IEP. (So I thought).
I walked in to find an IEP that had already been developed. So, I started reviewing and quickly realized that their IEP was a complete joke! There were no specific goals, methods of measurements, timelines, and their accommodations were a not much to speak of. The did write one reading goal which was "have him reading by grade level by end of year".
Of course, I questioned every single item and asked "where is the individualized reading instruction"? They said "Individual help doesn't happen in public schools because we dont have the funding". they also complained that they didn't have the staffing and that their school doesn't offer "one on one services" and suggested that I take him to a "Title 1 school" where these services could be provided. They quickly realized that I wasn't a push over and the team members started dropping like flies. One teacher had to leave to attend another meeting. Another teacher had to leave to pick up her children. Another teacher had to leave to pick up her grand children. The final (leader of the meeting) had to leave as well so she kindly suggested that I just sign it and we'll meet again later to revise. Obviously I refused to sign anything and they said I wouldn't get services. I kindly explained that they weren't offering any services and that nothing would change for my son if I did sign the IEP. I took a copy of the IEP and said I would review it, revise and get back to them.

What now? Do they really have to provide services or can they make me send him to another school in order to obtain these services?
Also, they continued to indicated that my sons "attention problems" and lack of focus were a concern. I agree, there are attention problems, but not severe. I took him to the pediatrician a few months ago (at the recommendation of his teacher) and after a thourough evaluation he indicated my son was not ADD. In todays meeting they suggested that he go back because they felt his attention problems shoudl be addressed "chemically". I advised that his attention problems are due to educational problems (as indicated by a written statement by his pediatrician), but they told me to take him back to the doctor!
What do I do!! HELP!

IEP-ADA-SST-OHI, this sounds suspiciously like a song from the musical Hair! Way to do your research ladies! I commend you.

''I swear, during their time at teachers' college, they all took a course on how not to give special education services to anyone. ''

A few yrs ago I was on a board, and one of the parents found a book on amazon.com for just this reason. And I have heard people say they have been in meetings for this.
But when I try to bring this up on certain boards I get jumped on cause no one wants to believe schools are so corrupt.

HEY mgj0623! I've been on pins and needles waiting to hear about your meeting! I know like the back of my hand what went on, what they told you. BUT, don't worry, it's not the end of the story and we can help you know what to do next.

Public School Systems are lazy. I am 46 years old and I really wish the school systems were like they were in the good old days. My son has epilepsy and it took me an entire year to get a 504 plan established - last year. He is 10 and will be 11 in a week. Now I am in the process of trying to get an IEP established. The teachers are not responsible for establishing the IEP. This comes at the request of the school counselor. Make sure they have a Special Education teacher available so you can implement an effective IEP. You need to do your own research to protect the rights of your child. Go to the website: www.wrightslaw.com and read up on IEP's. You also need to educate yourself on the information under the Office for Civil Rights (OCR) go to www.ed.gov/about/offices/list/ocr/504faq.html?exp=0. This is under the US Dept. of Education. You must be knowledgeable and informed to also be not only the parent, but, your child's ADVOCATE. This is buzz word - for them to get up off their behinds and get to work for your child. Your child may fall under ADA, IDEA, IEP for OHI = Other Health Impairment. Also, contact your local children's hospital. Sometimes they have people working there that can assist you and be an advocate for you or with you and they can possibly go w/you to your IEP meeting. If not, they can certainly offer you suggestions on what can go on the plan. The important thing is - YOU must be informed and DO NOT let the discourage you when it comes down to your child. They don't want to do the extra work because it requires too much of their time and resources. However, I look at it like this - I am a homeowner and I pay taxes on the home, car, and retail taxes that goes to their salary and they should expect to have children that may require more assistance than others. Therefore, they should be prepared for such matters. Anyway...you get informed, pray and proceed and be persistent and don't give up. Don't let anyone intimidate you either. Go through the chain of command - document and proceed. Don't allow them to create numerous delays either. They are good for that.

Sorry, so late getting back - having trouble with the computer- but I am back again
Now that i had the time to mull over it - it is a delay tacit on the school part. I know if I remember correctly, you had a private assessment done but I think the school is not accepting it as fact. So, being a Canadian, follow the other girls advice. Get everything in writing. Including all verbal contact. For example, your last verbal conversation with anyone including the secretary, and state in the letter: This is in reference to our last conversation, dated on whenever and than proceed to say this is my understanding and than try to repeat word to word. Don't worry if its not, but try to get close. It will force them to respond if your understanding was different. Otherwise, if they do not respond, consider what your understanding as agreement on all sides. This type of correspondence will come in handy, in case this has to go higher or at one of those WPN session. This is also the time to go to the higher levels above the school, and do it in writing. Wait a few days, and contact them by phone. It is always am embarrassment on the school officials when they do not keep up to date on their e-mail correspondence. It is called shifting the ground where the ears are on you and what you have to say. They feel they have to give you some time, and they would be more inclined to do so, since you only mentioned the fact of when you sent the e-mail, and not the fact that, "Don't you read your e-mails:. Try not to get touchy. I have a touchy problem. What I try to do, is list my concerns/issue on paper before I make the phone call. It does help. Remember, and this happens to me all the time, the school officials will always try to shift the conversation over to minor issues of the child. Stay on the topic of the major issues affecting your child. My usual line is, "That is fine, but it still does nothing for her reading issues or for that matter her writing issues" Another thing to remember, is the major problems have to be address because in most cases the little problems disappear after the proper help is received. For example, I know that if my child's reading fluency is address, her writing will improve as her reading improves. So, don't let the schools do the little things first. It will not help your child to overcome their learning difficulties.
I hope this helps, but listen to other girls who are wiser on the legal aspects, but you have to take into account what motivates the school to do what they are doing towards you and your child. I swear, during their time at teachers' college, they all took a course on how not to give special education services to anyone.

To dherbetko, When did you request they do this testing (the date)? What date did you give them your written consent for them to do this testing?
They have 60 days from the date of your written consent to have the eval completed and hold an eligiblity IEP meeting.
If it's over 60 days, write to district sped director and request 'prior written notice' for them not doing this.
Also file state complaint.
Both of these things are required by IDEA law and is your right.
IDEA law also states you are to recieve a copy of the testing BEFORE the IEP eligibliity meeting in order to understand it and to be an informed member of the IEP team to make informed decisions about your childs education.
I would write to the sped director requesting a copy of the testing at least 5 days before IEP eligibility meeting, and taht you have this right under FERPA law.

To mgj0623, You can call the school and tell them you are not going to attend this SST meeting. According to SST rules in my state, parent involvement in SST is NOT necessary.
BUT, since you are in the process of IEP, SST is NOT necessary.
When you call, talk to whoever wants this SST meeting and tell them you are not going and you want an official IEP meeting notice as required by IDEA law, stating the date, time, purpose of meeting and who is attending. You HAVE to get the before ANY IEP meeting. And tell them sped eligibilty can NOT be determined in a SST meeting, it has to be done in an IEP meeting.
They can NOT determine if he is eligible in a SST meeting. They KNOW this. so if you go and they tell you he's not eligible, they KNOW they will be making this decision ILLEGALLY.
Verbally they said he's eligible?? Put this in writing back to them! And keep a copy for yourself. They can NOT decide this outside of an IEP meeting.
If you do go to the SST meeting they will stall even more.
I don't know if you know this, but legally the school does not have to do ANYTHING to help a child unless the child has IEP or 504 plan.
THey can SAY they will help, but they can stop the help at anytime and you can't do a thing about it.
WIth an IEP, they will HAVE to help and if they don't, you have legal rights.

My meeting is literally in 3 hours. Not knowing, I already told them I would attend.
They told me that they were going to discuss what interventions have been done and determine whether he is eligible. (Verbally they already said he is eligible, but this is a process our county requires??) I'm hesitant to put any more internventions in place without an IEP. I dont want this to prolong the progress of getting his IEP. He is dyslexic and so far they've done absolutely NOTHING except confuse and frusturate him! They continue to mark off for his backwards letters in subjects like science and social studies and it's really getting annoying! :-) I've discussed this with the principal they've told me for two weeks that this would change. I dont trust them and I'm hesitant about what they will try next to avoid giving him the services he needs.

I just had my 8 year old retested and the shcool district is dragging their feet about getting a meeting set up for an IEP... My son attends a private school , but is dual enrolled in the public.. The receptionist was gettiing defensive when I asked her questions about when it would be done. She also told me whe never heard about a parent receiving a copy of the test done. What????

Tell them to show you the written policy that states SST meeting has to be done before an IEP meeting. There is none.

SST is not LEGAL , they do not and can not provide the same type of services that special ed provides.
With SST, they can stop, change, etc what they are doing at any time and you can't do a thing about it.
I forgot to add, write to the district sped director and request prior written notice on their decision to change meeting date. They ahve to have a LEGAL reason to change it and this SST stuff is NOT a legal reason, just a stall tactic to talk you out of special ed.
And when they get this request they should drop the whole thing because they KNOW it's not legal.

I be a little leery about it. Here is a site that I found out of many, telling you what a SST meeting is. However, I would go to see what they are offering in terms of interventions that lie outside the special education services. I be leery, because it might stop the processess of assessment and the specialized education services.
tinyurl.com/6578oh

If the link does not work, just write SST school meeting in your search engine. Lots to choose from.
Bye for now

This is a LIE! SPecial ed has NOTHING to do with SST!
SST is 'student support team' and it is an intervention plan group to help kids that are NOT in special ed.
If I was you I would HURRY and tell them you are NOT going to attend, that SST has NOTHING to do with special ed and it is not legally required.
All they do in SST meetings is say the child does not qualify for special ed services, SST helps kids who don't qualify for special ed.
But SST services are horrible.

I've now been told my IEP meeting is being pushed back 2 weeks because they are required to do an SST meeting. that meeting happens to be today and I will be attending. Does anyone know what this meeting is? What should I expect and how should I prepare? I'm feeling better about preparation for the IEP, but not sure what to look out for with this SST meeting.

To mgj0623: 20 minutes eh? Try to get an advance copy of the draft. But if you do go to the meeting without knowing, take what they have and book another appointment, a much longer time slot. Being Canadian, I may not know all the ins and out of the legal aspects, but I swear all schools were taught the same tactics to keep parents on an uneven footing or keeping them behind the eight-ball all of the time. Be prepare for the response, that the school spent a considerable time discussing your son, and someone will say, as one will always do; "How many meetings did we have, Joan?". The trouble is, the parents are left out of the discussions, It happen to me, and I responded by, I have not seen any real changes or improvements in my child's demand writing, and then I provided copies of past and recent tests, work that does indicate there is a problem. Than the room would go silent, and at that time - I would speak because I would have all of their attention indicating this is my child's major problem, backing it up with a number of facts. What I did, is to take the hidden agenda off the table and take back some control over the meeting.
Now, I know you are just starting out. Every problem area of your child are all important issues. I believe that the school are trying to control the meeting, by limited your concerns, and in so doing limited the costs that are associated with the dyslexic child.
So, I would not worry if you do not get a draft copy in advance. You have enough knowledge about your son, to read the draft, and quickly find the major weaknesses that do not come close to addressing the needs of your son. There will be at least one that will be avoided by the school. By addressing the weaknesses, you put them on the defensive - defending the draft, and at the same time they feel obligated to answer your questions. The 20 minutes will be eaten up, and soon the school will come down to the conclusions that the draft IEP will have to be rewritten to reflect the needs of your son with the parent being kept in the loop from now on.
What does happen, is that you have taken the control back from the school. Schools count on the very fact that parents have a tendency to respect teachers and their judgments. I believe we are more incline to trust schools, because we believe that teachers are looking out for the best interests of the children. What we forget as parents are the other responsibilities that educators have that may hinder and in some cases leaving a child without the help needed.

They are wanting the meeting for 20 min hoping this is all you will take, knowing full well that nothing can get done in 20 min. I have heard meetings lasting 3-4 hrs and still everything doesnt' get finished.

They can have an IEP already made up before you get there, but this is a DRAFT IEP plan and can NOT be used as the REAL one. If they have this, tell them you will take it home, go over it and if it's ok you will let them know when they can make up the REAL one for you to agree with.

If I were you I would write back and tell them 20 min is not enough so they will either have to
1)reschedule the meeting for xxx amount of time or
2) you will attend but will keep requesting meetings until everything is settled.

Hi again!! Well, in 20 minutes is not much you can do.. If I was you I would request in writing for a draft of the IEP. Of curse they have it ready.. They do all that before you get there.. By law you are entitle to review the draft and get ready for the IEP. I assumed the by now you have received the PPF (parent participation form) revise that too and see who is coming to your son IEP.. You not going to be able to complete his IEP in 20 minutes, so my advise to you is don't cancel it, go in and when your 20 minutes are up, schedule the continuation meeting for another day until you get it done.. Ok.. I hope I was helpful to you..

God Bless U...:-)

Today I received my official notification of an IEP meeting. The meeting is next week and they expect it to last 20 minutes! I'm a bit surprised (maybe I shouldn't be) that they expect to "jointly" develop an education plan for my son who is Dyslexic in 20 minutes! I have a suspicion that I will walk into a meeting with a pre-written IEP. Has anyone ever had this happen? What would you do? Should I request any pre-written work ahead of time? What should I request in advance?

Hire a lawyer...things will change quickly.

mgj0623-

Take a look at this web page:
www.fcrr.org/FCRRReports/LReports.aspx

Make this resource your new best friend.

As a parent who has been through this process for the past 7 years in Florida, I would STRONGLY urge you to begin tutoring outside of the school system. We finally used the folowing system: www.bartonreading.com

Take a look at this web site:

www.brightsolutions.us


As important as the program, the instructor needs to follow it with fidelity. If you go into the school system and ask for a specific program, I double you will have much success. Rather I would suggest that you look up the definition of what an OG program (www.interdys.org/ewebeditpro5/upload/Multisensory_Teaching.pdf) and ask for that.

Here are two gems that I have found that are well worth the read follow:

www.greatschools.net/cgi-bin/showarticle/2349

and

www.nlts2.org/reports/2003_11/nlts2_report_2003_11_ch4.pdf

These kids can't afford to wait, The longer it take to get appropriate resources the more of a deficit to the individual child. You can remediate reading, loss of self-esteem is a much larger issue and far more difficult to correct.

Please keep us informed of your progress.

To Mgj0623: There may not be a law concerning reading programs, but use the recommendations in the assessment. A lot of reading programs that schools use do not meet the recommendations of multi-sensory methods and using an Orton-Gillingham method. From what I can remember from an earlier post, the recommendations of your child's assessment is typical for a child with dyslexia. My child's first and second assessment have recommendations that are specific for a dyslexia child, but her label was learning disability or a language-based disorder. It is done in the fashion so a school can avoid the higher costs associated with dyslexia reading programs and teachers qualifying to teach the reading programs. In a earlier post someone mentioned to see the district reading specialist. Why don't you do that, and also do a double check on the laws regarding private and school assessments. I believe the school is require to have a reading program that can be comparable to the one that is recommended in the assessment. Check out the laws, but I am pretty sure about that. Also check out PWN process, that is outline in the IDEA laws. It may be your only choice at the end, and may be smart to check it out, just in case you need this information in the future.

MGJ0623: No, there is no law that requires public schools to use a specific program--although I am with you--there should be such a law!! You may have some insight idenfifying the program used when you have input into writing the IEP goals during the IEP meeting. (Remember that the goals must be measurable and observable--a program may meet that, so ask what they are doing to measure the goals.) Yous should also look at the Wrightslaw site--there is much very valuable information for someone in your circumstances.

In Broward county, FL. First they try everything the school have and then after the school try all their programs, which could be anywhere from 1 to 10 reading programs and by the way, after they waste your child time (whole school year) then you can request the county reading specialist to come for an evaluation and this person of course is going to recommends some Reading program the cost thousands of dollars, the by the way has been sitting in their closet for years and are you ready for this?? the school have to buy it from the county.. They have it, but if the school doesn't buy it, then you child can not have.. So the next step is fight with the principal and his budget. If you have a good advocate you son will get it, if not the principal is going to give you a round around..

So, this is my advise for you. Meet with the school reading specialist and find out the names af all the reading programs they have available at your son's school. Write down the names and google each one. After you do this, and nothing seems to be good for him, then your next step is to call the county reading specialist and meet with the person and get all the reading programs name that they have available county wise.. If the county have what your son needs, but the school doesn't, then meet with the principal and request the program to be purchase. It is easier if you get it written in his IEP, but their very wise and they don't write reading programs name, specially if the school doesn't have it.. Good luck and God bless!!!

Hi mgj0623 - I cannot say for sure, but you really do need to know this. Why don't you make a new post, stating what is happening now. Although, I am pretty sure the school has to provide reading programs that are specific for the child. Check the IDEA laws and in fact check the federal site and it will let you know what programs are recommended and what learning disabilities are covered. By the way, under federal dyslexic is stated as a LD. There also has been some changes to the IDEA laws regarding special education, but these changes are for the good of the children and their parents.
So, either search this site for questions you have or put up a brand new post or do both.
I am so sorry that I cannot really help you since being a Canadian, IDEA laws would not be an area that I would know well.

I've researched as well and I think the "Hidden Treasures" is just the text book and they likely just use a mixed bag of tricks in the ESE Reading class.
I really dont want to waste anymore time and would like to get him on track this time. I know Dyslexics need programs specific to their individual needs, but when a school just outright says they dont have it and dont use it, What next? Susan Barton told me that if they dont have an Orton Gillingham method, then dont let them do anything at all! He's failing though and I'm working on the Orton Gillingham program at home, but I'm not confident that I can do it on my own.
Is there a law that requires them to provide the program that suits the individual childs needs? I'm still looking at wrights law...haven't found anything yet.

Hi mgj0623 - I spent the better part this afternoon trying to find information on Hidden Treasures. I search high and low, and none of my search engines turn up anything that may resemble a reading program. Ditto for the research sites. I am incline to think that Hidden Treasures is a combination of different techniques, a mishmash of material that is already at the school, or may been created at the board level. If this program is research-based, I eat my hat!
That said, Florida has a hidden gem and that is called the Florida Centre for Reading Research. They do a lot of research regarding reading programs for LD problems. I would phone them and asked them if they have heard of this reading program and if so, is it research-based. I did go on their site, and they had nothing even remotely related to Hidden Treasures.
I have a sneaky feeling, Hidden Treasures is a reading program that has been created by one of the textbook publishers. These days, some of the publishers are diving into areas such as reading programs for LD students and such. From what I have read and research none address phonemic awareness - the hall mark of dyslexia. In order to decode words, children must learn all 43 sounds of the English language before attempting the next step which is phonics. The Orton-Gillingham methods addresses phonemic awareness, where other reading programs skip phonemic awareness and right into phonics. Most schools today, do do address phonemic awareness and if they do, it is very shallow and no by any extend deep. The book Overcoming Dyslexia addresses this much deeper, and also some of the reading programs that schools offer to dyslexics.
If I were you, I would phone up the school and maybe even in writing to ask who are the makers of Hidden Treasures, and supply any hard data attesting to its ability to address children like your son. The second thing, on the Wrightslaw site there is material regarding of how schools use vague language regarding the IEPs, especially when it comes to reading programs. The targets are very low from one year to the next, where most are moving at 1/2 grade reading level. The Wrightslaw site will have details regarding how to overcome the school ways of doing things.
Another thing, there is a post that stated to try the Hidden Treasures and what she stated is true. But, there is a danger in do this, and that is valuable time has been wasted if it does not work, plus increase psych/emotional problems with your son. The biggest part is the frustration that a child feels with feelings of a negative nature such as I am stupid, or I never be able to read.
Also find out what reading programs are available at the school for the LD children. Note, that schools have a tendency to provide the one-size-fit all approach/methods to address all special needs children. LD children which includes the dyslexics must have programs that are fitted to their individual needs. Your son has specific weaknesses and these weaknesses are addressed in the private assessment. For the school to think that their program and for that matter any program will do, are sadly deluded to think otherwise.
As far as I know, you have legal options and the right to transfer schools to get the right program for your son, and the school board has to pay for it. Again, the Wrightslaw site has all this too. So girls, where are you - especially the ones who have gone through the legal aspects.
One more thing - the Wrightslaw site has some really good articles regarding IEP meetings on what to watch for, pitfalls and what you can do to make them successful for getting the right help for your child.

Hi. I'm in North Florida. (Clay County, near Jacksonville, FL). Tell me more about this advocate who can help.
I'm trying to put together a check list of everything I think should be included in his IEP. (ie weekly progress, how it's measured, re-testing, as well as accommodations.) If you know of a good comprehensive list somewhere that would be helpful, please share.

I wouldn't get too freaked out if their is a different program being used. There is no need to panick. Their teaching method may work fine for your child. Verogaby is right 100% about you closely following your child's progress. You will have alot more power if you can state that a current method is not working and the school will be more likely to change to another method if progress reports show that little progress is being made. If the gains to your child seems minimum, don't wait for established review dates. You can ask for a review at any time during the year. By observing and documenting progress you have the tools you will need to effect change. Many times it is not about getting rid of one program over another but using teaching techniques from many schools of thought. You know you have a good ESE teacher if they are open to many ways of teaching and cutomize it for your child. Also, don't be afraid to use methods at home that teachers are unwilling or unable to try. I have found that parents can be some of the best tutors.

If I was you I will observe the reading class first and get as much info as possible. How many kids in the class?? How is the program?? etc.. Remember you are the mother and your opinion and concerns are important too. They can not move him any where without your concern. Before any changes to his curriculum you are entitle to observe.. You need to find a good advocate that can help you.. Where do you live??

I had a meeting today with my sons school. (Principal, School Psycologists and ESE Staffing specialists) to talk about my sons test results. It looks as if he's qualified for IEP and our next step is the actual IEP meeting. They gave me an overview of test results and what to expect next. It was more of an informal update meeting to advise of test results, etc. They are moving him immediately to a ESE reading class, but he wont technically be an ESE student for a few more weeks while we work out the IEP details. (first week of Nov). Anyway..my question is...
In talking about the special reading class, I asked what type of reading program would be used. They said the program was "Hidden treasures" and told me that the ESE teachers had alot of hidden tricks that they use. I asked if it was a research based program, they said Yes. I asked if it was a "multi-sensory phonics and fluency based instructional program" as recommended for a Dyslexic child. I mentioned Orton Gillingham. They said "they do not use Orton Gillingham because it is a program that is for a specific learning disability like dyslexia and they do not use the term dyslexia in the school system".
So, my question is...
What are my rights. Can I force them to use the proper program AND have a teacher who is certified in the reading program? If so, how? I read through wrightslaw.com but the only thing I could find was something that said to contact an attorney. Any advice?

They kept losing the IEP papers at my daughter's private school and I eventually paid for the testing myself and took it to the school. I finally got a lawyer and had them go to the school to to force them follow the IEP. I used and educational psychologist.

I'm still doing my homework and getting prepared for my first meeting with the school. I'll keep all of this great advice in mind! Thanks..
In doing my homework, I found the international dyslexia web site. On the front page is an article about a new law President Bush just signed regarding ADA. Has anyone read up on this? What exactly does this mean to me? Does my Dyslexic child now have certain rights that they didn't have before? I'm not sure I really understand what has changed, if anything. Any one familiar with this?

I totally agree that the "Language Arts" classification can make it difficult for Dyslexia. I can remember my daughter getting upset when I would correct her spelling on all her reports. She would argue that the teacher didn't correct her spelling and grammar, but I would reply that I was not grading her. All of us know how important corrections are early on. If the school wouldn't do it, I would. Now my daughter has just founded the first newspaper at her high school and is the editor- and- chief, and is correcting other students spelling and grammar. All this hard work does pay off and it can get better. Always keep your eye on the ball and don't give up. My daughter will always be dyslexic, but along her journey she found the tools that work for her and she now sees her flaws as challanges. This has made her a strong student with good work ethics. She is a person that is not afraid to go the extra mile. She will always have hurdles but is not afraid to jump over them. You tell me if her dyslexia has not made her stronger for it.

As far as your fight with the system; don't forget an iep is ever-changing. If the school wants your child to try a particular method, go for it. If it is not working have another meeting and try something else. I was lucky that I did not have difficulties with my school (a magnet school). They were very accomodating, and yet, Some of the initial methods did not work well. The trick is to have councilors and teachers that are willing to adapt and try new methods and work with the child's strengths and weaknesses. You need to be in constant communication with the teachers, tutors and your child to assess the progress. I volunteered often at my child's school so that I could witness first hand her progress. I talked regularly with the tutors and did not wait till quarterly evaluations to change something if it was neccessary. All this sounds exhausting, but it was less exhausting than always being one step behind. We tend to forget that many school rules and proceedures are not laws, you have every right to get the school to do what you want them to. As the parent, you no longer have to be afraid of the school principal, he (or she) works for you.

p.s. Don't let schools "over-accomdate" your child. When you see your child get to where they have improved to the point they no longer need that modification, have it dropped. My daughter has graduated from special needs to consult. Ultimately your child will need to function in the real world where often times modification is not tolerated. Schools find it easier to over modify so that a students grades will rise. This looks good for them but does nothing for your child. I spent more time arguing with my school about what she didn't need than what she did. Children can rely on safety nets but dyslexic children need to be pushed out of their comfort zone. You know you have a good ese teacher if she is pushing your child forward all the time with constant challenges. My daughter went through 2 years of what I consider, bad ese teachers until we found the right stuff. What she accomplished that third year was amazing. She got to the point to which she was helping other students in her class and completely graduated from even needing a special class. You can try all the programs on Earth but if you don't have the right teacher-student mix it won't happen. I think that's why you hear that so many parents take on the tutoring job. Who knows your child better than you? I find that many of us write our own programs based on what we know. A good ese teacher will do the same.

Hi mgj0623 - I have also ran into the same problems, and in fact is still continuing in some classes. I can name you countless examples where my child was not allowed to use this method, including her way of memorizing her measurements, by drawing a triangle with 7 divisions inside the triangle. The classroom teacher use a series of stairs, but my child found it confusing. To this day, she still uses the triangle method and it is firmly implanted in her head but that was not an easy task when she was told she must use the stair method, like all the other children in the classroom. Even, I was told by the school that my child must used the same materials and methods as instructed by the teacher. DItto for handwriting. as I put Italic hand writing examples in plastic sleeves, so she could quickly look if she forgot how to form a letter. Not only did the school disapprove of this, they also made it known that Italic handwriting is not acceptable. So for the last 4 years or so, if she submitted her work in Italic handwriting, it would be corrected as wrong regarding spelling in the letters J, K, M, N, P, R, and Q for the use of capital letters and for the small letters of M and N. Now, that my child is in grade 8, she can write in Italic without being penalized. The only reason is, that the school is no longer concern with what they consider the correct style in forming letters at grade 8 or higher. By grade 6 she was no longer able to have the sheets on her desk, so we brought binders for every subject, with the sheets inserted. I also printed out the letters on cardboard in sizes that were about 5 X 6 or so, hole-punched them and she could move them to the page she was working on. This year, I brought the more expensive binders called the "NoteTote", where she can insert any helpers (that is what I call them) without having any helpers on her desk, or the need to put it on her work sheets. This is the best money I spent on school supplies, and has work very well in overcoming teacher's objections. I am now working on cardboard sheets for grammar rules, to help her to remember her grammar rules as she is writing her notes in the classroom.
In my own experience, I have often found that general teachers are not trained properly when it comes to children who have learning problems. The second thing I have found, is the instruction inside the classroom. Even with the advent of practicing inclusion inside the classroom, children who have learning problems their needs are not being met, such as allowing the small helpers to be use by any student. As for instruction, the curriculum is force upon the child where the child must fit into the curriculum; rather than the curriculum fitting into the child. I have often found that my child was often force to learn in the same methods and instructions as all other children, and more often than not, the teachers seem to be teaching to the brightest in the classroom.
So, I would if I were you, to continue to get your child to use the methods that work for him. Sooner or later, he will remember the formation of the letters b and d.
Keep in mind, that some teachers and even in the primary grades consider this type of help cheating, based on an old out-dated premise that children who do very well in primary grades, will be the academics in the later grades and post-secondary education. Keep in mind, that even teachers have hidden biases towards children who learned differently or are different. Once it is fettered out, they do not have a leg to stand on and the reasons for not allowing this help will fall down to the wayside. In my case, often it was allow only because debating with me I would raise the questions of why. Questions of, is it budget concerns, board directives, or rehashing their reasons for denying it. Or the big one, by showing the stats of the school or the district showing questionable results in reading, writing and arithmetic and why would one continue on in this fashion getting the same results.

I had a very hard time from when my daughter was in Kindergarten up to Fifth grade. Finally after fighting even harder and pointing out the "No Child Left Behind" and my daughter's NECAP scores I finally got her fifth grade teacher on board with me and she agreed she didn't know how my daughter never got coded. I also got my daughter's doctors to get me help after I went through and got Parent Information Center talking with me to guide me I then got a Family Support Therapist who came to my home and watched my child struggle through homework and she fought with me and the school gave in and gave me what my daughter had been needing. I hope this helps

Re the card with the b and d trick - that was a great idea. The teacher is OCD maybe but a parent in our ADHD group did a cool thing no one can complain about I don't believe - bandaides on fingers with little notes!
Draw your pictures on those?

Make sure you keep up with everything that has to do with his writing. How he wants to use the card on his desk, teacher won't let him, counts off for bad letter formation, everything that teacher says and does.
This will come in handy when you try to get IEP for this and they WILL come back and say 'he is fine'.
Then you can show them all this stuff, they can't deny they did all this.

Great Info. Thanks.
In response to your question about having a great teacher...Well, I think she is a great teacher for regular students. However, I get the impression that she really doesn't have time, patience or want to deal with special education students. If they dont fit into her regular curriculum, then she seems to have little patience. An example... My son has difficulties writing B's and D's - they are always backwards. So, I created a visual aid that he uses during homework. (It's just a stick man laying in a bed and it's designed to help him remember that the b is first..goofy, but works for him). I copied it for him to take to school and tape on his desk to help him remember. (just a note card size paper with a picture) His teacher count off for improper letter formation in all subjects. Today he came home with the visual aid and said he wasn't allowed to tape it on his desk and said it was a distraction. I guess this is just another example of why I need an IEP!

I have 2 special need kids and I deal with IEP all the times.. Listen if you have a great teacher this year, then you need to get her involve.. My question for you is: Are you making this request in writing?? Do you school have a person in-charge to deal with IEP?? I live in Broward county (Florida) and in this county every school have a ESE Specialist and that's the person you need to write to.. fax a letter to her and cc: the Principal or write an e-mail to her and cc: the Principal.. When you put a request in writing, they make sure they reply soon.. That's the law.. Here is a very helpful website for you. www.wrightslaw.com

Take care and May Gos bless you with a lot of Patience..

''I'm not familiar with this one, but would it be fair to expect the school to provide this program, or would this one be at my expense?''

You do not pay for ANYTHING. You ask the school for this program and if they refuse, there is more you can do, just let us know.

''Can I force them to provide the one recommended? ''

YOu can't force them, but you have to specifically ask for them and if they refuse, then you request in writing for them to give you PWN. This is VERY important and lots of time is the only key in getting what your child needs. Let me know if you want me to explain PWN.

''I'm realy concerned that I may sign an IEP and not fully understand the consequences, or agree to something when he really could have been provided something better. ''

Do NOT sign an IEP plan at a meeting. Take it home and go over it. Let people help you to understand it before you sign it. As a part of the IEP team, you have to be an 'informed' member, and you can't be unless you understand the IEP plan.

''Is there a professional or someone who specializes in this that I can hire to go with me to these meetings? ''

There are special ed advocates you can hire. Go to the wrightslaw site and search for 'yellow pages for kids' and this will have a listing of advocates in each state with their contact info.

If you want more info on accommodations look at these resources: Academic Accommodations for Students with LD @ www.washington.edu/doit/Brochures/Academics/accomm_ld.html
Writing Curriculum Modifications in the IEP @ www.disabilityisnatural.com/articles/CurMod.htm
Ensuring Appropriate Accommodations for Students with Disabilities @ das.kucrl.org/iam/Ensuring.html
Articles @ www.familiestogetherinc.org/ACCOMDATIONSMODIFICATIONS.html

A basic concept with any accommodation or program is to monitor "progress" frequently. If progress is not being made, then the parent should request an IEP meeting to make changes.

Also check the state education agency's website for information/procedures regarding accommodations. Then you know what the schools are being told. Also check if your state has a law requiring specific programs or accommodations for students with dyslexia. Texas has this, so it is an additional support for parents here.

Hi mgj0623! Actually, the Wrightslaw site has it all for approaching the meetings at the school. Get everything and more for the accommodations. Remember what accommodations are use for, and as he gets into the higher grades and mind you this depends on a lot of factors - all of sudden the calculator may come in handy at that point. It certainly has given my child peace of mind knowing she has full use of the calculator at anytime, including tests. She has never taking advantage of it yet, because I would rather her work on her automatic recall. I am sure you have run into this word in Overcoming Dyslexia, so your son will likely have this problem. By the time my child gets into grade 10 or higher, math or the advance math such as trig, the use of calculators are being use for everyone. Another problem that you may run into, is that most are poor note takers. My child tries so hard with her notes, and handout note sheets from the teacher does come in handy. The trick here is getting the school to do it. The biggest problem you will find is that the school curriculum and teaching methods will directly impact your child. Where I live, there is very little multi-sensory teaching go on inside the classroom. Furthermore, gone are the daily spelling, grammar and weekly short compositions lessons and what we have today is a hodge-podge knitted together called Language Arts. Just be aware of this, and don't be surprised if you either have to re-teach or tutor your child at home. The last two grades, that is all I did. This year in grade 8, all the home tutoring has paid off, especially in math. Her automatic recall for math facts have improve now, where my child is one of the children that is giving the top students in her class competition in spades.
Enough said about accommodations. IEP meetings, and this will come up often. When you are introduce to something new, you are not sure of, do not feel pressure to sign anything. Instead, ask them why they think this method or whatever is being discuss will help to improve my child. Get as much information from them, write it down on your pad and than tell them, I need some time to think this over, and I would like to put off the signing until I am sure this is the direction that we should go. At the same time, depending on what kind of meeting and how urgent it is book another appointment to discuss it and for signing of the papers. The Wrightslaw site has all kinds of sayings you can use plus great formats for writing to various levels of education. Do not allow the school to push you into anything. Treat it just like you have a medical condition. Would you let your doctor push you around even after you have express your concerns that it may not be right for you? In those situations and with the school, it is always best to delay signing until you are able to make an inform decision.
As for reading programs, and other remediation that takes place inside special services, ask the one question that they may not be prepared for. The question is "Is this program research-based". Some will say yes, and if they do asked for the information. If they bulk at it, just tell them I am certain the info is available on the net. Actually, the wisest thing to do, is to research the services/programs at the school level and compare it to other programs that they do not have. But just remember, whatever reading program it is, it should following along the same lines as the private assessment and the recommendations. You will know, if a program is working within 8 hours of instruction or less, one should see improvement in the school work. So, I would insist on doing regular assessments after a block of time, to see if he is improving, staying the same, or no improvement at all. There is a lot to learn in the area of research and programs. It is a big field, with advancements that were unheard of 5 years ago. What, I did was learn something new each week, in a few years from now you will feel more confident when dealing with the educators. Schools are slow to respond to new ways of teaching, as are teacher colleges. Just keep this fact in mind, knowing you may be the only one in the room that is knowledgeable about your child and how he learns. Remember that you are also dealing with a school that have to also address other concerns that may be just as pressing BUT you have the law on your side. I just wish that in Canada would have the same laws. It certainly would make my life easier.
As for hiring a professional advocate - I would do so. Phone the nearest learning disability association or even look it up on the yellow pages either under advocate, LD or dyslexia. On some of the LD sites, they also have a list of advocates that are available in the U.S. At least, if you walk in with an advocate - there will be less pushing and I have found in my case, more respect coming from the school.
The most important thing to remember when dealing with the school is to used hard data. Do not allow the school to make decisions based only on subjective data such as over-all grades. Use your assessment scores, written quizzes, class tests, standard testing scores, class work, report cards and anything else that indicates a problem. They sure come in handy in the later years, when there has not been any improvement over the last two years or so. Oh, by the way create a file for this. This is also a good way of showing your child that he is improving. By the way, it is best to keep the file in a secret place, because if your child is like mine, he will put the bad report cards/tests in the garbage. The missing reports cards that I no longer have, my child admitted to me just in the early part of the year - that she thrown them in the garbage back in grade 1 and 3. Those reports cards were the worse in the pack. Ditto for any bad work. Its all gone. Too bad, it would have come in handy for meetings when it comes to her written output.
So, I would hire a consultant/advocate for a time, until you feel more confident in your own advocacy of your child and the school.

Wow. Thank you so much. Yes, this is just the beginning and just last night I explained to my son that he has dyslexia and that is the reason why he has to work harder at reading, writing and spelling. He later made a comment about football and said he could never be a quarterback because he can't read the plays. I explained how there are many great athletes and presidents who were dyslexic. We went online and searched and I showed him all the famous people (that he's heard of) who were dyslexic. (George Washington, George Bush, Thomas Edison, Albert Einstein, Jay Leno, Woopie Goldberg, Billie Bob Thornton, Babe Ruth, etc.) I couldn't find any famous quarterbacks, but it made him feel a little better and he was surprised to see all these famous people, especially presidents.
I started reading Overcoming Dyslexia about a week ago, before he was diagnosed because I was totally convinced he was dyslexic. I'm about half way through it..great book. I've been reading all the material that I can and learning more about it. This web site has been great.
I'm a little concerned about dealing with the school and having to fight to get accommodations and remedation. Dont get me wrong..I'm up for a good fight for my child. I'm just not prepared for an IEP meeting yet. I'm concerned that if for example, they disagree with the recommendations on the report that indicate he needs a multi sensory phonics and fluence based instructional program and they tell me that they dont have one, but offer a comparable substitution...How do I know these are comparable? Can I force them to provide the one recommended? If they say it's not necessary for my son to have a calculator during math (which was recommended), do I force them to include it in his IEP? Or, If they say it's not fair to allow him to have dictated homework when eveyone can't... I know they have to provide accommodations now, but I dont know enough yet to put up a good argument for everything yet. I've looked through the writeslaw.com site and it's a little difficult to find things you need there. I'll get more familiar with that site, I'm sure!
I've spent the last several weeks learning about dyslexia and now I'm changing my focus on how to help him. I'm realy concerned that I may sign an IEP and not fully understand the consequences, or agree to something when he really could have been provided something better. I'm just not really sure what to expect so I want to be prepared for this IEP meeting the best I can.
Is there a professional or someone who specializes in this that I can hire to go with me to these meetings? I almost feel like I should take an attorney.. ha ha.

To Mg's: I am so glad you have received a confirmation on your child. Since, I am from Canada, my child also has developmental dyslexia, although it is considered mild to moderate. There is a number of reasons but for the main factor is that she has very strong compensatory strengths. Right now, you have to concentrate on getting the remediation your child needs. But, once your child has build up his foundationals in reading, writing, and math -----BE aware that the school may say to you that he no longer requires special education services. As with my child, special education services ended based on my child's grades. The only thing my child had was a few accommodations inside the regular classroom. Children who have developmental dyslexia, should always have strong access to special education services and to maintain it. It does not take them long to slide in school.
As with my child and yours, these children do learn differently. They need to taught in a very specific matter and I am sorry to say most schools do a poor job especially in the regular classroom. These children need to be taught the rules of English, math, and learn how to become a good reader. A good book for you to read is, "Overcoming Dyslexia". I think it will become your bible for advocating for your child. It became mind this past year, and without it I suspect I would be still fighting for simple accommodations. The book is written for parents, and you will find the reading level is an easy pace compared to other books or research that I have read.
Schools, as I have found will use accommodations as a replacement for remediation. In my child's case, accommodations were used to avoid teaching to my child's learning style. The accommodations were also taken away during tests. The only one she had, was extra time. You will find, and the research supports that the number 1 accommodation that is the most effective for these children are extra time plus taking tests in a quiet room away from the regular classroom. That is what I am fighting for to get her into a quiet room for tests. I have proven over and over again, that she does much better in a quiet room than in the regular classroom. She will always get an 85 or higher in a quiet room and in the classroom depending on how well she knows the work, the noise factor, if she is anxious, the format of the test, how much writing is involved and other factors her grades can be anywhere between 40 to 100 %.
I know I am jumping the gun where you are just starting out. But I sure wish I knew this well ahead of time to be able to advocate effectively. 1. So read Overcoming Dyslexia. 2. Than learn to understand the assessment report, and at the same time learn what the school does or does not provide, 3. Advise you to do a bell chart on your child's assessment scores. Keep it for future reference and always bring it any school meetings, as it will help the team's focus on what are the best methods and accommodations for your child. 4. Get any cardboard box such as a small grocery box that is big enough to hold files. Colour code for each year, with a number of same-coloured files marked communications, assessments, research, and whatever else you feel that is important. I am just starting this, so do it now. I just wish I did it a long time ago, my papers all now all over the living room and dining room waiting to be put in files. I just have to get the coloured files. LOL! 5. Become the expert on your child and on how developmental dyslexia is affecting your child's learning. 6. Educated not only the teachers but people who are around you. Developmental dyslexia is misunderstood and biases run rampant. In most cases, they think that these children are only capable of learning the basics.
That is so far from the truth!
You have a great start at the beginning of your journey. But don't ever stop learning and do not give up on your child. Never give up, no matter the obstacles. Oh, just one other piece of advice, teach your child good self-esteem. I have found that high self-esteem of a child may do wonders when a child becomes stuck in learning. Whatever you do, do not allow the words " I can't do this" or " I'am stupid or dumb" Replace them with words such as " I learn differently" or " I am smart but a different smart than you". There is a ton of information on the Internet regarding self-esteem issues that these children have.
SO, good luck and God Bless.

Thanks.. I submitted my official letter in September and they school just got around to testing my son last week. I do not have their results yet, but I opted to have my own private testing done since they were not testing for Dyslexia. I have my own diagnosis from my private testing, but do not have their results yet.
Based on the fact that my son is now officially diagnosed as Dyslexic, I dont want the school to have that IEP meeting so my son can be placed and accommodations be put in place immediately. I'm tired of waiting for them and there is no reason now for my son to continue to suffer.
My son definitely needs remidiation. The physician recommended that he have a multi scensory phonics based instructional program. They recommended "The seeing stars program". I'm not familiar with this one, but would it be fair to expect the school to provide this program, or would this one be at my expense?

Hey mgj0623, first of all you do not have to have a meeting to ask for an IEP. It is not legally necessary. Even though some people suggest this meeting to let the school know your concerns and your childs problems, I advise against this meeting because most times schools use these meeting to intimidate , and talk you out of wanting an IEP.

The first step to asking for an IEP is to write a letter to the district sped director requesting 'an initial full educational evaluation, testing in all areas of suspected disabilities, to determine if my child qualifies for special education services as mandate by IDEA law and the statute 'child find'.

Now there is more to this letter you should add and I hope others here have a sample letter for you.
Date the letter and keep a copy for yourself.

In most states they have 60 days to have the eval completed and hold an eligiblity IEP meeting, IF they agree to the eval. IDEA law is contradictory on whether schools have the right to refuse or not.

This timeline starts on the date you give your written consent and NOT the date you request the eval.
SO in your letter make sure you state that you give your written consent.

In the eligiblity meeting is where you would request accomodations. But with his problems he might need remediation.

If school refuses to do the eval and/or the accomodations, there is more you can do. They do not have the last word.

'' What if they say they dont have the resources or have excuses for why they can't provide certain things''

They can't do this. If he qualifies for IEP and they don't have resources, programs, etc they are to find, get, pay for, etc someone or somethign that DOES.

I looked through the web site and it appears that what we really need is an IEP.
Obviously I would request a meeting with the school, but should I go in there with a list of accommodations? What if they say No to certain accommodations that the Dr. said were necessary? What if they say they dont have the resources or have excuses for why they can't provide certain things that were recommended? what's the best approach for these types of meetings? I want to be prepared so that I'm not just overwhelmed and agreeable to whatever they say.

Rather than give you an answer I will recommend that you go to the wrightslaw website @ www.wrightslaw.com/info/sec504.index.htm & read their article on the pros and cons of Section 504 and IDEA.

Do I want a 504 or IEP? Whats the difference? We went for outside testing and they provided a list of accommodations. Will I get those under the 504 or IEP? Which is better to have?

Anser: You are protected under IDEA - a legal diagnose of ADHD enables you to request a formal IEP evaluation which simply is an Individual Education Plan - that's it! So I need to know you are not intimidated. You have the same rights as a teacher or one of the child study team members.

But, you must decide when to play your "TRUMP" card if you will.

First - under your Civil Rights is simply a visit to the Nurse with a copy of your childs' diagnose as per the certified doctory and any medications or methods you are employing for your child. Next stop, an appointment with the Assistant Principal to discuss that you need a 504 accomodation at minimum initiated under the Law Title I - yadayad .... leave it at that.

Either the Assistant Principal has the authority to make this 504 happen or not. If not, visit the Superintendent who is required by law to abide by the Federal Laws

Don't waste time with the Child Study Team and don't feel bad that you will alienenate them. They will only do what they are allowed by the Business Manager and the Superintendent.

Based upon the state you are in - in your documentation - both printed and signed - send a copy via email to the Special Education Commissioner -

In Nj, Lucille Davey is the Commissioner appointed under Governor Corzine - and then Roberta Whorle is the Special Education ....

It's all on-line - if you need help starte with the State of Education, and work your way down - there is an org chart -

This is your right in Public Education
IDEA
Title I .....
FERPA
etc.

Do not stop, do not wait.

At minimum get a 504 - the teachers should not treat you or your child as unresponsible - no attitude - no harsh voices -

They should communicate with you weekly and help your child.

If they won't there is a lot you can do it depends upon the state you live in.

Please know - my son has AD/hd and its typical to start having the social problems and school problems display in 3rd - the teachers will tell you your child is capabile of more... don't feel threatened.

Get your 504 at minimum. You can go for outside testing to showcase the learning difficulties your child is experiencing - but I would suggest if not failing everything yet - get the 504 1st and work closely with the school - weekly communicaions - copy the assistant principal, meet with the assistant princiap - they are responsible for making sure discipluine for students and teachers is employed.
Good Luck.
There is a lot more but this is a good start.

In case no one has already mentioned it, you should research whether your state requires a dyslexia program in addition to special ed & Section 504 programs. A few states do have specific dyslexia laws.

When the school finishes the eval, they are to hold an eligibilty meeting, giving you an official IEP meeting notice with date, time, purpose, who attending.
It is up to you if you want to show the eval to the school in the meeting. If you do, they only have to 'consider' it and most schools ignore it.
Make a list of the recommendations on a letter stating this is waht you are requesting, give this to them at meeting and keep a copy for yourself. You have to make all reqests in writing, or they could say you never asked.

My results are in... My son is diagnosed with Developmental Dyslexia and has been provided with a list of accommodations that the school should follow. The school has also tested my son but has not provided results yet. Any advice on next steps? Obviously I want to meet with the school and try to get these accommodations right away!

Bravo!

To mgj0623: Good for you. Just remember, always keep a careful eye on the school. If they start to slide, you will have an easier time to right it, than if it is allowed to continue. Good Luck!

I just wanted to thank MANY of you for all the advice given on this blog! I tried to get my son tested in Kindergarten and was immediately brushed off with a "he's very young" comment. In first grade, they suggested he was ADD and I headed in that direction. He was not ADD and when I requested an Educational Evaluation...once again, I was given the brush off. THANKS TO ALL OF THE ADVICE HERE...I went back to the school again, this time with knowledge about my rights!! Guess what... My son is FINALLY being tested by the school.
(Knowing that they're not going to perform the indepth testing that I know he needs and deserves, I'm also taking him for private testing for dyslexia.)

After sending the letter posted on this blog to the school and the director of ESE for the county (quoting IDEA law, etc) - they have comletely changed their attitude! I met with them this week to discuss my sons grades (he's failing miserably) and I challenged them to give him a VERBAL TEST after he received a score of a 30 on the written test. They did...he did excellent!
They know I'm serious and thanks to many of you who have posted on this blog, looks like we're headed in the right direction! THANKS TO ALL OF YOU!

I do realize that this is just the beginning of the battle...but now I know know where to go for help! I will keep everyone posted and hopefully I'll be able to help others on this blog by sharing my experiences and eventually give some advice! Thanks.

To spoiledmommy: If you have not done so, go onto the Wrightslaw site. Just google it, and it should put you on it. The Wrightslaw site will tell you your legal rights, how to go about it, what is the difference between a 504 and an IEP, and many more things that will help you and your child. What is important, is to learn your legal rights, and put any communication to any school official in writing. I am a Canadian, but the other girls in this forum, will set you straight on a few things. As far as I know, once a 504 is obtained, getting an IEP is automatic. So keep an eye on this post and go on the Wrightslaw site, it should help you.

My son is now in the 5th grade and I cant get him on a IEP. I have been trying since 1st grade. the only thing the school will give him is a 504 which is nothing. Keep on them I know here in Ma they have 30 days to test your child and having a meeting. Have you tried going to the school board? that is where ill be heading nexting if something doesnt happen soon. my son is failing his classes again and he failed his MCAS test 2nd year in a row. I learned you have to fight for your child cause no one else is going to do it.

I agree with therose. Schools will usually help kids with autism because their disabiltiy is seen by others.
LD's on the other hand are 'invisible'. No one really knows they have any problems by just looking at them.
Schools don't want anyone to know they are really the 'bad guys' so they will help the kids who people know have disabilities.

'''Most of the time they are willing to work as hard as the parent to ensure the child gets the best education possible for that child. '''

I have been a member of message boards, groups, discussions, blogs for about 10 years now and I have NEVER heard of a school that does right.
Your school is very rare, but it's probably for the reason I stated above.

Be glad that you are not in with MANY MANY MANY of the exasperated parents who keep on fighting with schools.

To cynthiajones: Autism is probably given more attention in today's school because there is a general set of therapies, help and more than likely SE teachers skilled in dealing with children who have autism. ADHD and learning disabilities are and more often than not shuffled off to the side and it is behaviours that get look at and the learning problems are not address in effective ways. Autism is a very different disorder, just like ADHD and LD. You may start to run into problems when your child is identified with a LD problem, as many of them do as they get older. Than you may begin to understand some of the systematic problems in getting the right help for these kids. As they get older, effective help such as reading programs, writing programs end, in favour of using accommodations. It is telling the parent that they have given up on your child - it is not a good feeling. I am so glad that you are getting the help for your child, but don't let your guard down and watch the school very carefully.

Actually my childs school has been very good at participating in getting an IEP set up and initiating it for my son who has Autisim. I also played a part in helping set it up. Just go to the DDS worker at the school you child is attending and explain to her you want to be a part of planning the childs IEP which mostly includes ways to improve whatever difficulty your child may be having. Get check ups from your primary care doctor and also its good to have your child evaluated by a professional if needed. Just make sure you have all of these things in hand and always make yourself available when the school may need your assistance with your child. Most of the time they are willing to work as hard as the parent to ensure the child gets the best education possible for that child.
Cynthia Jones

The only thing I can say is be persistant talk to anybody that will listen. You are your childs advocate!The squeeky gear gets the grease. Your child has the right to a education. Know your childs educational rights.

There is such a broad range of dyslexia, which is why schools don't wish to use that label but they are more than aware of the issue. It is the largest diagnosis for mainstream school students. It is important to use the proper independant testing required by your State, but once that is complete you can use whoever you wish for independant help. If you have a good repore with a specialist or know of an excellent treatment, you may use them, such as your hearing specialist,if you like. Once you get that iep you can go any way you like outside of the school. (It is important to note that once you get your child's iep you need a review every 2 years to keep it.)

Your school does test for dyslexia, they just use other terms to describe it in lieu of dyslexia.

The psychologist can evaluate using additional test instruments. My son's independent eval was done via a clinic who had several specialist (an SLP, psychologist, and more) who conducted various parts of the eval, and their results were compiled into one report that met state/district eval criteria.

Each state varies on who is qualified to conduct evals, and the eval must meet state criteria to be considered in determining eligibility for spec ed, etc.. I would call your state dept of ed and get the regs from them.

Can someone tell me the difference between a Speech and Hearing Pathologists vs Psychologists?
I'm looking to have my child tested for Dyslexia and I've been been given the name of a very reputable lady who specializes in Dyslexia. (Ph.D, CCC/SLP) She is a Speech and Hearing Pathologists. However, my school is telling me that they will only accept results from a school psychologists or a license psychologists. I've heard great things about this Speech and hearing Pathologists though and I'd really like to see her. What's the difference in their Education? (sorry to be so ignorant, I'm in the IT field and this is very foreign to me)

Should I even care what the school thinks since the school will never diagnose him as Dyslexic anyway? They told me they dont test for it, but they will test him for learning disabilities.

Each IEP is specific to that individual child, therefore if that child needs specialized instruction to address the symptoms of dyslexia then the IEP team which includes you determines which services, types of instruction, etc. goes on your child's individual education program (IEP). If the child does not make progress with those services, etc, then the IEP team must reconvene to review and modify the IEP to allow the child to benifit from their IEP.

Chucknoe stated a valid point to check into, I know my state, louisiana has a dyslexia law "Bulletin 1903", I think texas does too, but I'm not certain what other states have a dyslexia law.

You can also go to the international dyslexia association's website to look up your states dyslexia association to get more info and/or do some research on your state dept of ed's website.

mgj0623,
If you have not already done so, you need to research if your state has any specific regulations about dyslexia. What Sharie says is correct, but some states require specific programs for students labeled dyslexia.

Even if your state does not have such regulations, the IEP team should design a program that includes an appropriate reading program. So they may provide the specialized instruction that you are looking for, but they may just offer reading programs that are not appropriate for your child. You may need to do research on the programs that they offer. The person evaluating him for you should be able to offer some suggestions for reading programs.

If the school evaluates him and says he has a "learning disability", will he likely received adequate tutoring in the schools for Dyslexia? I understand children with Dyslexia really should have specialized training. However, if the schools do not diagnose, they're likely not going to provide that specialized training either, is that correct?

Regardless, I'm having him tested specifically for Dyslexia, but if the school and my test have different opinions on how his learning disability should be addressed, then I anticipate I'll have to get specialized training on my own.

Dyslexia falls under the special ed catagory under federal law of "specific learning disability", this is what school's evaluate kids for, it's more broad than "dyslexia" so it covers more, yet the test are specific in diagnosing symptoms of dyslexia.

It doesn't really matter what it is called, so long as it is addressed appropriately.

I'm still in the process of having my son evaluated (2nd grade) for learning disabilities. I highly suspect Dyslexia. I'm going through the school system for their formal process so that we can determine if he's IEP eligible. I've done the 60 day notification, etc and I'm waiting on the testing to be scheduled at this point. (60 days expires Nov 12). In the mean time, I'm getting my own evaluation for Dyslexia because I hear the school doesn't evaluate for Dyslexia. That's scheduled next month.
Anyway, I emailed the school psycologists about the tests she plans for my son. I also asked if she was testing for Dyslexia and this is the reply I received regarding that question:

"We do not diagnose dyslexia in the school system. I will do a full evaluation for reading difficulties and writing difficulties. The term dyslexia is primarily a specific term which denotes a learning disability in reading or writing areas."
This came from the school psycologist with a Ed.S. behind her name.

Is this accurate? If not, Can someone help me give an intelligent reply to her statement? Is she even qualified to do full testing? Should I push to have them do a Dyslexia evaluation, even if they say they do not diagnose it?

I really feel like I"m wasting my time with the school, but unfortunately I have to go through this in order to determine if he's IEP eligible. I'm getting my own evaluation for Dyslexia.

''I still can't understand why they are being so evasive. ''

Because they can. They know most parents don't know the laws and their rights, so they say and do anything and the parent believes them.
Even if the parent does know the laws and follow them, the school knows they will never get in trouble for their wrongdoing.

So many get by with doing this stuff with the knowledge and approval of the state dept of edcuation.

Some parents even go as far as taking the school to court but even then, most times the school wins.

Even if the school doesn't win, they still will NOT do what the judge orders them to do.

Even if they do, they will do it only for a while and the parents have to continue fighting till the child graduates.

I am glad you are being agressive about this. I still can't understand why they are being so evasive. There are special divisions in the school system that deal with nothing but this. I am truly sorry you are getting the run around; but am happy that you have held fast. If there is one thing I have learned is that schools love to label children, it's money in their pockets. Your schools lack of interest says volumes about them.

If you requested an eval as per IDEIA regs they must complete the eval within 60 days as per federal regs the only exception is if the state requires them to complete it sooner (say if they have a 45 day time limit). The clock starts ticking as soon as the district recieves your consent/request to evalluate.

It sounds like the other stuff is a stall tactic, IMO.

thanks for all the advise and im kinda happy to say that i finally got and sst its not an iep but thats a start ill update you on what happen i have my first meeting next week oh, and by the way i got the meeting because 1 i never gave up and 2 i had to go to the district so thats how they finally they listened to me

Request in writing (send via certified mail to school principal) a full educational evalluation as per IDEIA regulations (federal special ed regulations), and include gifted (if your state doesn't consider gifted special ed.

Hi lcz4love: Listen to those girls. They sure know the rights and the legal implications. I am just writing and this probably concern everyone who has written on this post and other posts. It is news article regarding changes being made where other children such as ADHD and children with diabetes are now included under the American laws. I think it is a piece of good news for everyone who is living in the US. It also refers to schools who are not doing their job and other schools who do go way beyond what the laws dictate. I think it is an informative piece, that tells us that some politicians are thinking of parents who are in the trenches.
tinyurl.com/4wnyqj

Under the EducationWeek.org site.

lcz4love, HEY! The school is giving you a BUNCH of BS!!

You wrote - At first, his teacher and assistant principal kept asking me would I like to get him tested or have I had him tested.

Tested for what?? Did they say? WHY did they want you to get him tested?

You wrote - Now, that I am getting help they are giving me a hard time.

Where you you getting help? With the school or with doctors? What are they giving you a hard time about?
What type of help are you getting?

YOu wrote - They don't want to test my son and I have had to contact the state about my son situation.

What did the state say?

''His school told me that I have to follow all their rules ''

What rules? Ha, that's a laugh. I would ask them for a copy of these 'rules'. You DO have to follow 'rules', but they are FEDERAL LAWS that both YOU AND the school have to follow.

You do not know these laws so of course you can't follow them, but THEY do know the laws and they still aren't following them. Very typical for public schools.

''and the board says they have to evaluate him first.''

OK, this doesn't make sense. They are saying they have to evaluate him, but then turn around and say they will not evaluate him?

''they say they have to do a BBST evaluation first then decide if he need to be tested. Is that right? ''

NO this is not right. Now, this IS right if it is THEM wanting to see if he can get an IEP, but since it's YOU wanting this, they can NOT do this BBST evaluation.

''One person said that I can deni that and go straight to the testing.''

Yes this is right.

What you do now is go to www.wrightslaw.com and learn about the special ed laws and your rights. It's very complicated so if you need help with that you can ask us.

Immediately write a letter addressed to the district special ed director stating you want ''an initial full educational evalution, not an assesment, testing in all areas of suspected disabilities as specified by IDEA law to determine if my child can qualify for special education services''.

Please ask someone here to give you a sample of how the letter should be written. Sharie001 knows about this.

Now, they will tell you even MORE BS when you give this to them (and keep a copy for yourself!), things such as-
1. Your child is not covered by IDEA law so he doesn't qualify to have the eval done,
2. He has to be in our 'intervention program' (BBST) before we can do the eval
3. His grades are too good

When they get this letter, and you give your written consent in this letter, they will have 60 days (some states are different on # of days) to have eval completed and hold eligiblitiy meeting.

If they refuse to do the eval after you give this letter, there is more you can do.

It is very important if you can answer my questions and I'm very interested in knowing what the state told you.

Well, I am just getting started. My son diagnostic was that he has adhd. At first I was very upset and confused. I didn't want my child to be labled as slow. I didn't know what adhd was and still learning. He is very smart with excellent grades. At first, his teacher and assistant principal kept asking me would I like to get him tested or have I had him tested. Now, that I am getting help they are giving me a hard time. They don't want to test my son and I have had to contact the state about my son situation. His school told me that I have to follow all their rules and the board says they have to evaluate him first. They have evaluate my son for two years now and now they say they have to do a BBST evaluation first then decide if he need to be tested. Is that right? One person said that I can deni that and go straight to the testing. Can I get some help here.

I'm always surprised at the difficulties that parents have getting an IEP. These are money in school's pockets since schools receive additional funding for each IEP (ESE) students. My school came to me to ask for an IEP. Don't be afraid to take the initiative. If your school is dragging their feet call district and get them to get the ball rolling. You do not have to wait for them. You call the school and demand a date . There is no reason why the school should not be able to set a date even before any paperwork is done. We all know that when a deadline is set, things will move more efficiently. Call frequently to make sure that the school is meeting that deadline, don't assume they are and request in writing any additional individuals, i.e. tutors or councilors, you would like to be invited to the meeting. This is not a passive production. You are in charge and need to be the co-ordinator of this process.

jdeekdee,
You say "This makes me wary of them saying you will have papers to fill out, since legally this does not have to be done." I understanding that you are addressing notice of evaluation & consent for evaluation. However, this statement is incorrect. However, the regulations say that parental input is required as part of the evaluation process.
Typically we would ask the parent to complete paperwork that collected information, since they are most knowledgeable of their child. Things like illnesses, medical conditions, medications, rating scales of behaviors they had observed. The list goes on & on & the parents could add anyother information that they felt was relevant.

About what socalgal wrote, I wish I knew all this when I was trying to get an eval done for my youngest dd. (I did after many complaints filed)
I was on the schwab board at the time and I had read the school HAS to tell you what tests they will do.
When I asked, district sped director told me that according to state law all they have to do is write what tests MIGHT be done.
I requested in writing 4 times. I wish I thought to ask state about this.
Oh well, I'm glad all that stuff is over with now.

They don't want to tell you what tests they will do because they KNOW the tests they will do are not good enough, and they think you might know this and ask for more or different ones that ARE right.

Most times even if you do ask for specific ones they don't do them anyway cause I dont' think IDEA states they HAVE to do the ones you request.

This is one reason to request IEE at their expense after they do their own eval.

Yes, putting your request in writing is very, very important. Here's something else:

They have to tell you what tests and assessments they'd like to do. Ask them, in writing. They'll try to say, "well, we're not sure," your answer is: "that's okay tell me what test and assessments you plan to start with and we'll go from there." Additionally, they have to tell you WHO will be conducting the assessements, again, ask them in writing if it doesn't appear on the consent form.

Instead of just signing a blank consent form -- ask them to fill in the names of the assessments and who will be conducting the assessments. And then, in writing advise them that you will be happy to consent to further assessements as long as they provide you with additional, detailed consent forms.

This way, they can't do any assessments or testing on your child that you don't know about. Sometimes, if they get results that they "don't like," they ignore them and don't tell you about them.

woredmom wrote -- The school has moved things along and we go for Conference on Monday with papers to fill out for evaluation. I think things have moved right along.

I hope this is a good sign! Just wanted you to be aware that usually when schools want a meeting when you ask for an eval to be done, they want to talk you out of wanting the eval done. Don't let them do this. If they refuse to do the eval, let us know, there is more you can do.

Just because they say they want you to 'fill out papers' for evaluation doesn't mean this is what will happen. Legally, the only papers that need to be filled out is you have to sign a evaluation consent form. You don't have to write anything on it, just sign your name.

This makes me wary of them saying you will have papers to fill out, since legally this does not have to be done.
Hopefully things will go ok, but if not let us know!

Sharie001, in response to your question as to whether my son has been evaluated for processing disorders, no he has not. I did state in my evaluation request by the school, that I thought that he may have visual, perceptual, auditory processing difficulites. I have a conference early next week in regards written letter.

woredmom ,

Has your child been evaluated for any processing disorders/problems?

We moved in the middle of last school year and my son struggled. He was unprepared for the fcat and had to be retained this year. He's in third grade again because of low scores on the fcat. I had my son tested for Asperger's Syndrome/ Autism before we moved and were in moving transition to get more help. While he doesn't have Autism, he does have some characteristics just not enough to label. Anyway, through this Support Group, I've sent a letter like you before school started for Evaluation.

My son has the same teacher and he's doing better with a more solid foundation to build on. The school has moved things along and we go for Conference on Monday with papers to fill out for evaluation. I think things have moved right along.

Reading Comprehension is my son's biggest concern and I've tried everything I can think of to help. I'm all for suggestions for how to improve comprehension. He's an above average reader but he cannot read to remember. This effects problem solving, reasoning, etc. Any help!

I followed jdeekee's letter exactly! Letter send to the school on Friday 9/12, consent for evaluation signed on 9/16. This is a HUGE step because they refused to evaluate my son last year. So, we're making steps in the right direction, but I had to PUT IT IN WRITING and act like I knew what I was talking about!! :-) Looks like we will have our evaluation within the required 60 day timeframe!

In order to qualify for an IEP you must be evaluated (not screened) and meet eligibility requirements under IDEA (Special ed).

How to request the district to evaluate (not screen) your child...

community.greatschools.net/groups/11554/discussion/168190




PRIOR WRITTEN NOTICE (PWN) is a Powerful tool

community.greatschools.net/groups/11554/discussion/168191



!!!!!!!! What every Parent and/or Advocate needs to know !!!!!!!!!!!!

community.greatschools.net/groups/11554/discussion/169210?cpage=2#comment_172871

Liz9, I have had similar issues with own own school in the past. I don't know which state you are in, but in Oklahoma we can access the website for our State Dept of Education and from there go to Special Education areas. There should be a Special Education handbook and a copy of your parent's rights. You may have to request In writing to the school for an IEP and they have up to 60 days to respond (here in OK). Also, contact the principal directly, and if needed, contact the schools superintendent. Remember, you are the only true advocate for your child's education. They ultimately are not and you must hold them accountable, especially with the no child left behind act. Your therapist is a great help, but will not be the one to get this done for you. Write the letter,and address copies to your child's teachers, the principal, and the Special education teacher. Find out who is responsible for you son's IEP to begin with should one be put together. Hang tough, it is difficult, but possible. If you don't get him help by the third grade, you will lose him academically. I know, my son was not getting the help he needed and I ultimately had to leave the public school and am homeschooling and I had an IEP. Also, because he has already been diagnosed, send copies of the tests results and letters from your therapist. If you still don't get a response within your state's allowed time, you may need to pursue legal action and request an arbitration which is a third party to hear all sides and make a decision in your case. My problem was my son has epilepsy and the school would not have him tested because they believed his problems were related to medicine and wanted to put him on more medicine so he could concentrate. Not happening. Best of luck. Also, a website, www.Wright'slaw may be helpful. He is the leading Spec Ed. attourney in the nation and has some information that may be helpful. Cicu98

I know how you feel,I have been there too with my 4th.grade child.The one suggestion I can offer you is to put in writing,to principal and to the school district special ed. dept. a request for meeting,by law they have to answer your request.Please hang in there for your child!!!

Listen to Jdeekee, she knows what she is talking about. In reference to the letter writing, you find great examples on the Internet. All you have to do is replace or fill in the blanks to fit your situation. Even though I am from Canada, parents have the same rules as the IDEA laws, but are buried under the school acts. A couple of years ago, my requests were refused because it was sent by e-mail, and not in the form of a handwritten letter. So, make sure it is hand deliver to the person in question with two extra copies to be given to other key staff. It may be overkill, but at least you won't be in the situation where the school can claim they never received it. Once, I started to write letters with legal language lingo - the response has been much better.

Did your letter specifically state --
'I am requesting an initial full educational evaluation testing in all areas of suspected disabilities to determine if my child qualifies for special ed services as specified by IDEA law'

Schools are famous for turning your words around on you and/or ignoring, stonewalling, etc if you don't use the 'legal lingo'.

When was the date you wrote this letter? I would write another one stating you want to know the status of the evaluation process for the eval you requested on (date) and state that ''this letter is my written parent agreement/consent for this evaluation to be administered.''

Then state in the letter that you understand that according to IDEA law, the school has 60 days from the date of your written agreement/consent to have the eval completed and hold an IEP eligibility meeting.


The school has 60 days (some states are different on this) from the date of your WRITTEN agreement to have this eval done. Requesting it and agreeing to it are 2 different things in the laws eye.

Sorry to say that the timeline to have this eval done begins with your written consent (agreement) to have this eval done and NOT from the date you requested this eval.

Letting them know all this should get them to going and let them know they can't ignore you because you are following the law.

They are ignoring you becuase schools can tell in a second which parents do and dont' know the laws.

hes teacher i think is the best teacher you could imagine because shes a reguler teacher and she took the time to give him what he needed ,and yes we gave them in writing the request for an iep and were hes going for adhd they already tested him and they said that he does learning difficulties,and thank you all for your advise

Have you formally requested (i.e, in writing) to have your son evaluated by the school district for "learning difficulties?" If not, do so today. They are required to do so or tell you why they refused to, in writing. This is the place to start.

Truly, as noted by Buckaroo below, if it isn't in writing, it just didn't happen. Sad but true. They will continue to ignore your requests.

A suggestion: Seek out other parents, who have ADHD children at the school. Try to find out what these parents did, if they had any difficulty and so forth. But otherwise, Buckaroo suggestions are very good and should be follow.

Did they change this placement at an IEP meeting? They aren't allowed to change placement without the IEP team getting involved.

well it's one thing to keep one but to keep it enforced is a differant story..my son has adhd and we was doing great and moved now they have changed it ...he needs to be in a full time ESE and they've changed it to a regular class room this year and it upsets me

It sounds like your child has not yet been tested by the school. If that is the case, make the request in writing (be sure to keep a copy of it... in fact get a binder to keep track of ALL your letters).
Don't just talk on the phone. If it isn't written down, they can deny that they said "it" or say "it" didnt' happen.
Once the testing is done, if you disagree with the results, then request (again in writing) to have an IEE (an indepenedent educational evaluation) conducted at the districts's expense. I recommend you do NOT use anyone THEY recommend and rather ask them the minimum requirements they require of an evaluator. Then choose your own.