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.
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.
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