Reactive Attachment Disorder - school question

[Anonymous]

Anonymous wrote:OP here. Ok, now I'm thoroughly confused. I see on wright's law (and the federal statute) where it says that it doesn't matter if the child is on target academically. BUT, I see in the DC code of regs that emotional disturbance is not a determining factor for eligibility?? Section 5-E3006

Am I missing something? Help!

I'm not really sure of your question, but maybe this will help. A diagnosis (ED, OHI, whatever) alone is not enough. There must be an impact on your child's ability to access the curriculum. It doesn't mean your child must be failing. But, there must be some basis, such as that your child could do better. My son has an OHI classification for ADHD and some other conditions. He also works above grade level. Thing is that without services and accommodations, he could not do as well as he does. That he needs the accommodations and services to perform has never been questioned (yes, I know I'm lucky).

Good luck OP.

[Anonymous]

OP, this might be helpful for you?

http://dcps.dc.gov/DCPS/Files/downloads/SPECIAL%20EDUCATION/OSE%20Programs%20&%20Resources%20Guide%20for%20Families.pdf

I am at a charter, not DCPS, so things are not so formal with 'programs' etc, just individualized IEPs, supports etc.

[Anonymous]

Thank you all! I think I am understanding more clearly now.

[Anonymous]

A lot of PPs have posted that the issues is whether the child can "access the curriculum," but that is not quite precise when it comes to getting an IEP.

In order to get an IEP, one has to show 3 things -- 1) disorder 2) adverse educational impact (which does not have to be grades, but can also be things like inability to participate in group work, attention, etc.) and 3) need for special education.

"Need for special education" means that the way in which the concepts in the curriculum are taught in general education must be modified in order to allow the applicant child to participate/learn. This can be a modification in terms of grade level, i.e. the child is in 4th grade but only reads at a 2nd grade level so needs modification of instruction to be able to catch up and participate in as much other on grade level material as possible. Or the modification can be in the type of instruction that is delivered -- for example, a dyslexic child who is reading on grade level usually needs a program of reading instruction (usually Phonographix or Wilson or OG) that is different from that which is usually used in general education.

By contrast, there are some kids who cannot access the curriculum but do not need "special instruction" but rather need "accommodation." This might be a child with slow processing, who simply needs extended time. Or a child with anxiety who needs extended time and breaks to manage anxiety. Or a child with ADD who can access the general curriculum if given movement breaks so that attention can be better maintained.

If you are asking for an IEP and you can only show 1 and 2 but not 3, (need for special instruction) you WILL NOT get the IEP.

If accommodations would help but specialized instruction is not necessary, then the child will probably be eligible for a 504 plan instead of an IEP. This decision should be made at the IEP meeting, instead of holding another meeting to then decide on a 504 plan.

I also would not frame the argument as "my child could be doing better." It's better to frame it as "specific aspects of my child's disability prevent him/her from benefiting from general education and/or demonstrating mastery and accommodations or specialized instruction are needed.) Under the case law, the school system has no obligation to offer the "best" education. Under the SC decision Rowley, the school only has to offer a plan "reasonably calculated to allow the student to receive educational benefits"

Of course, a child who is behind grade level is probably not getting adequate educational benefit. Similarly, if there are discrepancies between IQ and achievement, one can probably argue that something about the "disorder" is impeding the ability to access the curriculum and/or there is a need for specialized instruction (since achievement is not commensurate with IQ). But, the latter is a harder argument to make when the child is at or above grade level. One really has to have specific examples of the kinds of problems accessing the curriculum, demonstrating acquisition of skills and/or need for special instruction.

[Anonymous]

What an awesome post! Lots of really good info

[Anonymous]

Also behavior is a Special Consideration. The IEP asks if the child's behavior affects his learning or that of other students.