Can an on-grade level kid with a SLD get an IEP and special ed instruction?
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Anonymous
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Hi all, I'm so confused. I know from research that kids with an IEP cannot be denied access to accelerated classes, but what about the reverse? Can a kid with an SLD get an IEP if they are on- or above- grade level in their current elementary school classes (and achieving As)? The reason I ask is because the school is throwing around the notion that if you're on grade level, then there is no educational impact from your SLD and this means you are not qualified for an IEP.
Here's my specific situation: Daughter is in 3rd grade. She recently was diagnosed with dyslexia, impacting her reading fluency. In the neuropsych testing, she also scored a 132 in the full IQ. All her scores were really high, except for reading speed and orthographic areas, which really lagged behind (think 5th percentile and 1st grade level). I realized by researching things online that my daughter is likely 2e and her potential was masked by her unknown disability (which was masked likely by her intelligence) and resulted in everyone around her assuming she was average and was achieving her potential. She currently has a 504 for ADHD and we are getting ready to tackle the process for her dyslexia. We need accommodations, including ones where people are saying you need an IEP for (text to speech and speech to text; and audio books potentially, but that may be more relevant in higher grades). So we could add to our 504 but, like I said, we aren't thinking we can get all accommodations through that based on what we are informally being told now (pre-process). The other issue is that we want a reading intervention tailored specifically to her and her orthographic issues. We will engage an outside tutor but that's at a hefty price. But if we can't get the IEP because of "no educational impact", then we can't get the school to provide her with special ed for her dyslexia. Other counties seem to have lots of materials on 2e students, and even coordinators and programs. It seems they may have support persons and understand these specific situations, and even have adopted approaches. But Howard County, where we are, seems to have zero information on 2e kids, at least that I can find online. My efforts to email those at the county to inquire so far have turned up...literal crickets. Can anyone help me figure out whether I should focus on the 504 and not waste energy on the IEP, or heck no, my daughter should be getting it all (and help me with how to approach this *if* the school ends up balking due to "educational impact"). It seems their approach is focused on getting every kid to grade level and not getting each kid to the top of their potential. Do I need to just make peace with that or nope that is not right and I need to education them into doing the right thing? Any other tips on accommodations approaches with 4th and 5th grade coming up, and middle school on the near horizon? I worry that 3rd grade is nothing compared to the reading expectations and pace of upper grades. I'm also trying to figure out whether I should be putting my daughter in something above grade level, but I'm nervous about the effectiveness of the supports and boy do I not want her first foray into something accelerated (like above grade math or a science CEU) crash and burn and her say she will never do that again. I want to set her up for success. Thank you all so much for your wisdom and experiences and knowledge! |
Anonymous
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I'm confused. If she has 5th percentile reading fluency, she's not on grade level for reading fluency and needs intervention.
I don't really understand how that connects to the question in your title about kids who are on grade level. She's not on grade level for a key area of reading. |
Anonymous
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I don’t know the answers to all of your questions, OP, but as the mom of a dyslexic 17 year old I’d just say you are going to need to do all of the outside OG tutoring - as much as you can afford and she can tolerate. School will never provide what she needs. Never. Fight the good fight, sure, but meanwhile do at least 2xweek with an OG tutor.
Accommodations are important in middle school and beyond, but for now just remediate. How is her spelling? In third grade they started doing spelling bees and tests, and the one accommodation that I am very grateful we asked for and got was no graded or public spelling. It just made him so embarrassed and angry that it make him hate school. |
Anonymous
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Schools are not required to help kids reach their potential, whether or not special needs. The standard is an appropriate education. So do t go in with the idea that it’s their job to get her to that point. You need to make peace with this.
You may get some reading services if she is t accessing the curriculum, but not necessarily the programs you want. Id probably try for an IEP. But if they give her pullouts and don’t have services that will get her where you want then she’ll be missing class for nothing. As PP says, fight the good fight but supplement. Most of us who can pull together the money do. |
Anonymous
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The accommodations you mentioned that you think you need an IEP for (text to speech, etc) can be provided through a 504. It's only specialized instruction (e.g., reading instruction) that could only be with an IEP.
If your daughter is truly functioning at grade level, then she will most likely not qualify for an IEP as she is able to access the general education curriculum without specialized instruction. If all academic areas except for reading speed are on her grade level, then it does seem like all she needs (to access the curriculum, not necessary her full potential) is extended time for reading. You may need to pursue tutoring outside of school. |
Anonymous
OP here. Thanks so much for the advice. My daughter has the less common “surface/orthographic” type of dyslexia so what a tutor would do, I think, is going to differ than the usual protocols. Which I guess makes it less likely the school will be up for that level of personalization of their interventions. Poor spelling is definitely a feature of surface dyslexia (the kids can decode well but they decode everything and spell phonetically, which may be what most dyslexics do), and she’s no exception, so I will ask for that accommodation! Did your son utilize audio books throughout his high school journey? What other accommodations were critical for him in high school and middle school? Thanks again. |
Anonymous
I know but see the comments of others, which is why I’m a tad confused. 
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Anonymous
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+1000 on outside dyslexia tutors, if possible.
My kid had an IEP in elementary school and they were getting A’s and tested way above level. Kid had a physical problem that needed accommodations and was way behind socially when younger due to the disability. In middle school, kid was switched to a 504. I don’t know what’s possible in your district, so advocate/lawyer familiar with your school district & dyslexia might be $ well spent so you realize what is realistic. |
Anonymous
Kid with a different disability, but yeah, this. Especially as they get older. The one thing we hold onto the IEP for is to get better communication with the school and assignments modified as needed. For example, if writing is time consuming in MS and HS, the IEP can specify that assignments come home to be finished there without penalty. We are also working on getting busy-work homework removed from some subjects so we can spend the time at home working on the core learning needs. With ADHD in the mix, the need for this coordination and flexibility will increase. If she cannot produce enough writing in class right now, even if they won’t give her the kind of tutoring she needs, they could do pull-outs with an ELA sped teacher so she can work on the assignments with 1:1 or small group support. |
Anonymous
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one way to look at IEPs for 2e kids (and I sort of hate this, but oh well) is to ensure that their grades are not overly damaged when they get to where it starts mattering in MS. you want to make sure they can retake assessments and be able to finish classwork at home. and the school needs to tell you about longer projects so you can make sure they get done at home at the right pace.
it doesn’t feel great to be grade-grubbing like this, but my impression is that compared to when we were in school, grades are MUCH more dependent on box-checking stuff (like “finish this online worksheet”) that is often our kids’ weakest link. There are no textbooks; no regular homework; no big tests to study for. So whereas you may have gotten through MS with As by reading the textbook before the test and doing a great job on your term paper, or by doing 30 minutes of math homework a night that got graded the next day, grades “these days” depend on a thousand different tiny things that have more to do with executive function than intelligence. Gone are the days when a 2e kid could be a disaster doe the semester then blow it out of the water with a great essay or 100% on a final. |
Anonymous
| Oh also - they claim she is grade level now because there are minimal independent demands on her to complete class work and homework. This could change drastically in MS. In ES they claim the child is “grade level” based on standardized tests, which is obviously a tautology. The IEP eligibility turns on whether they can access the curriculum noy whethet they can perform on a test. |
Anonymous
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It can't hurt to request an eval through the school. The key question is if her decoding/fluency challenges are preventing her from accessing the gen ed curriculum. Being below grade level in a specific area is not the same as not being able to access the curriculum (but it could be!).
You say you are confused because you see the comments of others - but those are all based on your description of your daughter as being on/above grade level but also at a 1st grade level for reading. Which is it? |
Anonymous
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The role of public school is (for better or for worse) to get kids to a basic level of proficiency. Your daughter is there, even with her disability, so the school is probably not going to provide IEP services. 504, yes--extended time, audio, etc. That's not specialized instruction, those are just accommodations.
As the parent of a similar child (different disability), we tackle the disability outside of school and use accommodations within school. He's doing well with this so far in middle school. |
Anonymous
Actually the law states otherwise: "Each State must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade." https://medium.com/educate-pub/can-my-child-be-denied-an-iep-because-his-grades-are-okay-764481e71528 |
Anonymous
| Rowley is no longer good law. Read Endrew. |