What types of data get collected for IEP request in Kindergarten? (MCPS)

Anonymous
DC just started kindergarten. DC is ND and the private psych report recommends an IEP. School staff say they will collect data during the first month of school to assess need for special education I'm curious what types of data they collect in a gen ed kindergarten setting?
Anonymous
In MCPS they will ask every teacher to fill out a teacher report that asks questions about behavior, academics and attention.

Be sure to request these teacher forms as part of the set of educational records MCPS must provide to you 5 business days before the IEP meeting. Of course, teachers are human and generally kind to little kids, and so they often document both strengths and weaknesses on the teacher reports. Our experience was that the IEP team often cherry picks these teacher reports to add only positive comments to the Present Levels of Performance. It is your right to review the teacher reports and ask that negative information be included in PLOPs. It will make you feel crappy to do so, but if the PLOPs don't reflect any weaknesses or below grade level or below ability performance, then MCPS will say that there is "no evidence of adverse impact" and you will not get an IEP.

You have to prove 3 things: 1) disability 2) adverse impact on education (which is not solely grades) and 3) need for special instruction.

Since it is early in the year, this year's K teachers might not know your DC well enought to write anything useful on the Teacher Report Form. So, you might consider whether you can go back to last years teachers in preK or daycare and ask them to document any problems -- you were probably prompted by something to seek evaluation, yes? If you can provide data within the last year, the school should consider it together with everything they provide.

You can see the Teacher Report Form here - https://ww2.montgomeryschoolsmd.org/departments/forms/pdf/272-7.pdf
Anonymous
His performance on early learning screeners (letters, early literacy, early math, etc.)

Behavioral data -- time spent out of the classroom, incidents, how he is getting along with peers, etc.

An IEP addresses concerns within the school setting, so it is really difficult for a good IEP to be crafted, or even determine if an evaluation is necessary, without data on how the kid is doing in school. With that being said, a school legally cannot delay or deny a requested special education evaluation, so if you want the evaluation you should put it in writing that you are requested a special education evaluation and they will have to move forward with the formalized process.
Anonymous
This is simply their way of stalling. If you have grounds for requesting an IEP, there is absolutely no need for the school to “collect data.”
Anonymous
Anonymous wrote:This is simply their way of stalling. If you have grounds for requesting an IEP, there is absolutely no need for the school to “collect data.”


This, your private report should give them the data and they can just supplement if they need different testing.
Anonymous
Anonymous wrote:This is simply their way of stalling. If you have grounds for requesting an IEP, there is absolutely no need for the school to “collect data.”


This. 100% this.
Anonymous
Of course there is a need for the school to collect data. Yes, you can request an eval now and they will collect new data as part of that process. However, since it is so early in the year, it is more likely that they will determine that there is no educational impact. If you give them time to collect data, it is more likely that they will have data supporting an educational impact.

In other words, pushing for an eval right now could mean that your child has to wait over a year to receive special education services. If you give them time to adjust to kindergarten, they may demonstrate an academic impact that will qualify them within a few months

Many students start kindergarten with IEPs in place, usually transitioning from early intervention. These students have significant needs. Is there a reason why you did not pursue early intervention with the county?
Anonymous
Thank you all so much for this information. So I probably misstated my question a little because our initial request was really for a 504 plan but what the staff proposed was collecting data to determine if an IEP or 504 plan is needed. I'm actually not sure we have a basis for an IEP.

DC had some significant struggles a few years ago that largely resolved with supports, but also led to the private evaluation. DC's Pre-K teachers from last year did not have concerns related to academics. One teacher did share some social concerns but no behavior issues at school (we have more struggles at home). DC currently receives private services to help with social skills outside of school.

My (hopefully not too optimistic) guess is DC will do fine in K and then struggle increasingly as expectations increase and so we are continuing the private supports to try to give DC as much help as possible.

So we approached the school focusing on the recommended accommodations rather than IEP services because (1) private psych basically said DC should get IEP in perfect world but probably won't and (2) we consulted an advocate who basically said we don't have enough right now to justify IEP.

So I was kind of just curious what things look like from here and I really appreciate the information. I'm not sure I see the benefit of pushing for a formal IEP process as I don't think we'll get an IEP from it right now. Apologies for the somewhat misleading initial post.
Anonymous
Anonymous wrote:Of course there is a need for the school to collect data. Yes, you can request an eval now and they will collect new data as part of that process. However, since it is so early in the year, it is more likely that they will determine that there is no educational impact. If you give them time to collect data, it is more likely that they will have data supporting an educational impact.

In other words, pushing for an eval right now could mean that your child has to wait over a year to receive special education services. If you give them time to adjust to kindergarten, they may demonstrate an academic impact that will qualify them within a few months

Many students start kindergarten with IEPs in place, usually transitioning from early intervention. These students have significant needs. Is there a reason why you did not pursue early intervention with the county?


It's a long story, but the short answer is that we did pursue early intervention services and had an ISFP at one point but never got an IEP.
Anonymous
Sorry, that should say IFSP
Anonymous
Anonymous wrote:Thank you all so much for this information. So I probably misstated my question a little because our initial request was really for a 504 plan but what the staff proposed was collecting data to determine if an IEP or 504 plan is needed. I'm actually not sure we have a basis for an IEP.

DC had some significant struggles a few years ago that largely resolved with supports, but also led to the private evaluation. DC's Pre-K teachers from last year did not have concerns related to academics. One teacher did share some social concerns but no behavior issues at school (we have more struggles at home). DC currently receives private services to help with social skills outside of school.

My (hopefully not too optimistic) guess is DC will do fine in K and then struggle increasingly as expectations increase and so we are continuing the private supports to try to give DC as much help as possible.

So we approached the school focusing on the recommended accommodations rather than IEP services because (1) private psych basically said DC should get IEP in perfect world but probably won't and (2) we consulted an advocate who basically said we don't have enough right now to justify IEP.

So I was kind of just curious what things look like from here and I really appreciate the information. I'm not sure I see the benefit of pushing for a formal IEP process as I don't think we'll get an IEP from it right now. Apologies for the somewhat misleading initial post.


Got it - thanks for clarifying and no need to apologize! So it sounds like they are on board for a 504 and want to see if he would qualify for an IEP instead? You could tell them you'd rather go with the 504 now. You could always get that set up, go through the IEP testing anyway and see what happens.
Anonymous
Anonymous wrote:
Anonymous wrote:Thank you all so much for this information. So I probably misstated my question a little because our initial request was really for a 504 plan but what the staff proposed was collecting data to determine if an IEP or 504 plan is needed. I'm actually not sure we have a basis for an IEP.

DC had some significant struggles a few years ago that largely resolved with supports, but also led to the private evaluation. DC's Pre-K teachers from last year did not have concerns related to academics. One teacher did share some social concerns but no behavior issues at school (we have more struggles at home). DC currently receives private services to help with social skills outside of school.

My (hopefully not too optimistic) guess is DC will do fine in K and then struggle increasingly as expectations increase and so we are continuing the private supports to try to give DC as much help as possible.

So we approached the school focusing on the recommended accommodations rather than IEP services because (1) private psych basically said DC should get IEP in perfect world but probably won't and (2) we consulted an advocate who basically said we don't have enough right now to justify IEP.

So I was kind of just curious what things look like from here and I really appreciate the information. I'm not sure I see the benefit of pushing for a formal IEP process as I don't think we'll get an IEP from it right now. Apologies for the somewhat misleading initial post.


Got it - thanks for clarifying and no need to apologize! So it sounds like they are on board for a 504 and want to see if he would qualify for an IEP instead? You could tell them you'd rather go with the 504 now. You could always get that set up, go through the IEP testing anyway and see what happens.


Maybe? I don't know. I kind of think at the end of this they will say they can do the accommodations without a 504 but don't have a basis for that other than a friend's experience with the same school many years ago (she had a very positive experience with her child there who was in a similar boat). I'd prefer a formal 504 but also don't want to cause unneeded work for them if my child is actually doing ok. DC seems happy now. Or maybe I am being overly optimistic and DC will struggle more than I expect. I don't really know how to tell these things. I appreciate the suggestion to ask to see the full teacher reports.
Anonymous
Anonymous wrote:
Anonymous wrote:Thank you all so much for this information. So I probably misstated my question a little because our initial request was really for a 504 plan but what the staff proposed was collecting data to determine if an IEP or 504 plan is needed. I'm actually not sure we have a basis for an IEP.

DC had some significant struggles a few years ago that largely resolved with supports, but also led to the private evaluation. DC's Pre-K teachers from last year did not have concerns related to academics. One teacher did share some social concerns but no behavior issues at school (we have more struggles at home). DC currently receives private services to help with social skills outside of school.

My (hopefully not too optimistic) guess is DC will do fine in K and then struggle increasingly as expectations increase and so we are continuing the private supports to try to give DC as much help as possible.

So we approached the school focusing on the recommended accommodations rather than IEP services because (1) private psych basically said DC should get IEP in perfect world but probably won't and (2) we consulted an advocate who basically said we don't have enough right now to justify IEP.

So I was kind of just curious what things look like from here and I really appreciate the information. I'm not sure I see the benefit of pushing for a formal IEP process as I don't think we'll get an IEP from it right now. Apologies for the somewhat misleading initial post.


Got it - thanks for clarifying and no need to apologize! So it sounds like they are on board for a 504 and want to see if he would qualify for an IEP instead? You could tell them you'd rather go with the 504 now. You could always get that set up, go through the IEP testing anyway and see what happens.


Wow, if the school is saying they want to collect data to see if an IEP is more appropriate than a 504 that is great. Schools absolutely have the right and the legal duty to collect data on kids - both for a 504 and for an IEP, although for the latter the law is more formal about what to assess. There is a strict federal timeline - 30 days max from date you request IEP eval to IEP "screening meeting" where the team (hopefully) finds that there is a "reasonable suspicion of disability" which means there is 1) disorder 2) adverse impact on education and 3) need for special instruction. If the team finds so, then they will also discuss what additional assessments or data need to be collected, and they have 60 days to do the collection. At the end of those 60 days, the team has an IEP "determination meeting" to decide eligibility. Then there is another 30 days to write the IEP.

A team cannot find "adverse impact on education" solely on the basis of an outside private assessment. BUT, what does sometimes happen with outside assessments, is that the team collapses the IEP screening and determination meeting into one meeting. So, theyvcall the meeting 30 days from your request, collect "data" in the form of "teacher reports" and then on the basis of the outside assessments and the "data" collected via teacher reports, the team decides they can determine eligibility. This happens because, in the face if a comprehensive outside report, it's often easier for the school psychologist just to accept the report rather than have to do their own comprehensive assessment.

OTOH, if the team decides the student is not eligible for an IEP right away, you can move to have the team co sider a 504 in the alternative. This is easier for them because they don't have to call another meeting.

Conversely, if you call a 504 and it becomes questionable at the table whether the student actually needs an IEP, then the team has to stop and call a separate IEP meeting with a different group of people (specified by law).

So, IMO, the school is doing the right thing for the student, which also may have the advantage for them of having fewer meetings overall.

Yes, it's true that teachers might not know your kid well now, but with a strong private report, a documented history of school or daycare problems - even just social skills - in the last year, the teacher reports may not be that bad. In any case, if you got determined ineligible for the IEP and got a 504 or nothing, you can monitor your kid and re-request an IEP in as few as a couple months, as ling as you can present new "data" which can be any documentation of bad grades, behavioral troubles, etc.

It's better to do the IEP because it lasts for 3 years, whereas the 504 has to be renewed on an annual basis.

If you are concerned at the IEP screening meeting that they will move to collect data for another 60 days (as is their right and which benefits your child) you can ask for informal accommodations to be put in place while collecting data.

Personally, I would take the team up on an IEP meeting.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Thank you all so much for this information. So I probably misstated my question a little because our initial request was really for a 504 plan but what the staff proposed was collecting data to determine if an IEP or 504 plan is needed. I'm actually not sure we have a basis for an IEP.

DC had some significant struggles a few years ago that largely resolved with supports, but also led to the private evaluation. DC's Pre-K teachers from last year did not have concerns related to academics. One teacher did share some social concerns but no behavior issues at school (we have more struggles at home). DC currently receives private services to help with social skills outside of school.

My (hopefully not too optimistic) guess is DC will do fine in K and then struggle increasingly as expectations increase and so we are continuing the private supports to try to give DC as much help as possible.

So we approached the school focusing on the recommended accommodations rather than IEP services because (1) private psych basically said DC should get IEP in perfect world but probably won't and (2) we consulted an advocate who basically said we don't have enough right now to justify IEP.

So I was kind of just curious what things look like from here and I really appreciate the information. I'm not sure I see the benefit of pushing for a formal IEP process as I don't think we'll get an IEP from it right now. Apologies for the somewhat misleading initial post.


Got it - thanks for clarifying and no need to apologize! So it sounds like they are on board for a 504 and want to see if he would qualify for an IEP instead? You could tell them you'd rather go with the 504 now. You could always get that set up, go through the IEP testing anyway and see what happens.


Maybe? I don't know. I kind of think at the end of this they will say they can do the accommodations without a 504 but don't have a basis for that other than a friend's experience with the same school many years ago (she had a very positive experience with her child there who was in a similar boat). I'd prefer a formal 504 but also don't want to cause unneeded work for them if my child is actually doing ok. DC seems happy now. Or maybe I am being overly optimistic and DC will struggle more than I expect. I don't really know how to tell these things. I appreciate the suggestion to ask to see the full teacher reports.


No to all the bold!

No to IEP testing (more formal IEP assessment will likely be unnecessary). If OP brought comprehensive outside testing that is recent, it is unlikely that the school is going to want to do the same kind testing all over again - it's time consuming. Most likely they will "collect data" that is easy to get - samples of work, teacher reports or observations, if your child has some specific need (speech, ot or behavior) maybe some observation by speech pathologist or counselor, and any regular testing or screening or placement that all kids take (like for reading groups, etc.)

Also "no" to the idea of informal accommodations instead of a 504 - if the student qualifies, the school is obligated to offer a formal 504 plan.

And "no" to the idea of "I don't want to cause unneeded work for them". This process (IEP or 504) is based on the individual needs of the child because it is going to make everyone's life easier when the individual needs of the child are met from the get-go. Get that deferential "I don't want to make life harder for teachers" attitude out of here. A 504 or IEP is a civil right and Congress passed these laws so that kids with disabilities could be as fully included in school as possible and benefit from a free and appropriate education just like non-disabled students because this is what helps create future taxpaying citizens who can live independently and make their best contribution to society. IDEA doesn't say "give the student an IEP" if it's not too much trouble.
Anonymous
Anonymous wrote:Of course there is a need for the school to collect data. Yes, you can request an eval now and they will collect new data as part of that process. However, since it is so early in the year, it is more likely that they will determine that there is no educational impact. If you give them time to collect data, it is more likely that they will have data supporting an educational impact.

In other words, pushing for an eval right now could mean that your child has to wait over a year to receive special education services. If you give them time to adjust to kindergarten, they may demonstrate an academic impact that will qualify them within a few months

Many students start kindergarten with IEPs in place, usually transitioning from early intervention. These students have significant needs. Is there a reason why you did not pursue early intervention with the county?


If there’s an eligible diagnosis that’s all that’s needed to qualify.
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