Gifted IEP for 1st grader?

[Anonymous]

Can anyone tell me what the Maryland law is for gifted IEP's? I have a 1st grader who had a rough yr in K. He was advanced, yet had so many signs of inattentive ADD and was never getting things done, leaving things behind, losing things, getting lost on walks to the bathroom, etc. His classroom behavior was fine, he was just "lost" so to speak, yet they knew he was very bright. So we ask our ped and he was very against giving him a label of ADD without having him tested. So we did a private eval through Children's National and they found his Verbal IQ was 160, his Processing Speed was 94. They said that gap plus other eval items point to ADD as everyone had expected. Factoring in his other IQ scores, his total was 136, so it falls under "gifted". Plus his verbal is considered "highly gifted". They recommended a gifted IEP and a 540 for his ADD. They also did academic testing, the Woodcock-Johnson, and those were all above average, so they said he is a combination of bored, and just general inattentive ADD. The school has said they don't do gifted IEP, that the 540 could be done, but IEP is only for a diability. I am from PA and we had gifted IEPs there. They said in 3rd grade they can rec that he goes to the HG/LD center, but for now we need to just make 540 plan recs... I have searched and searched and can not find anywhere what the actual law is. Can anyone help with this? I plan to speak to a lawyer if need be but figured I would ask in case someone knows. They basically made it sound like they do their own gifted testing in 2nd grade and move kids as need (or rather select kids via application). It just seems odd to me. In PA if you test gifted, you get a gifted IEP. You can be removed from Gifted Learning if you are academically failing, or behaivoir is bad, but you still get whatever is in the gifted IEP, just not the fun extra feild trips and clubs available to "G.A.T.E" kids. But once you get the gifted label, you get the IEP, and get the accomedations needed. I guess MD is just different? Advice would be great, thanks!

[Anonymous]

I am a school psychologist in a Maryland County not MCPS, but I have kids there. Basically each state gets to decide whether they recognize gifted students for an IEP. Most states do not. Acceleration or formal gifted instruction typically does not occur in MCPS until 3rd grade (kids are tested for program in 2nd). Some schools may give a first grader acceleration in the form of pull out reading and math groups. You might have some luck asking for a 504 plan for your son, based on his ADHD diagnosis. A 504 plan is a legal document that lists the accommodations that the teacher or school staff must implement, such as preferential seating, limitations of distractions, help with organization, an extra set of books at home, etc. if your son's achievement fell below grade level (let's hope they do not), he might be eligible for an IEP due to the ADHD, which falls under the "Other health impairment" category. Good luck!

[Anonymous]

Thank you! I guess I was just shocked to find that so many states do not use gifted IEPs. I like a lot of things about MCPS, but I do not like the way the do gifted ed. It seems like, at least from what I have heard, people can sort of cry their kids into these gifted centers. I honestly don't even know if my son would do well in a gifted center considering he has walked out of the house with one shoe on (not kidding there at all) but he is pretty brill when it comes to logic and creative thinking. We just want to see him challenged and from what we gathered from reading about the 504 plan (yeah I realize I was writing 540 before, see apple doesn't fall far from the tree) it seems while that would greatly help his ADD issues it probably won't do much for the academic part. He is bringing home all "P"s on his report cards and is at level S for reading, yet he brings home piles of unfinished work daily! Its enough to drive me batty. But I am glad to know they weren't just trying to push aside on the G-IEP. Thanks!

[Anonymous]

No problem. I think at one time MCPS had a gifted learning disabilities program...they may still have it for all I know. If so, it would probably start in the later grades. If you want a good advocate/consultant, contact Richard Weinberg. He was one of the founders of that program and is now an independent consultant. That would be a better move than a lawyer at this point.

[Anonymous]

Just chiming to add in that FCPS is the same way. Your son is what is called "twice exceptional" as is mine. Very high I.Q. but executive functioning/processing problems (not ADHD - he was misdiagnsed as having ADHD - so watch that). The FCPS IEPs can handle the gifted end but you have to have a LD, autism or something significant to get you into IEP land. The FCPS already has the AAP program and immense AP offerings in middle school and high school so no gifted program is needed.

By the way, the "gap" between I.Q. verbal and processing speed does not necessarily indicate ADHD. Not all testers get it right. (and you will go through this process many times through the years as you progress - the recommended retake schedule is every three years). WE recently went through the expensive two day process and finally confirmed a 140 I.Q., incredible long term memory, poor short term working memory, and exec. functioning syndrome but absolutely no ADHD. Just something to think about. Good luck!

[Anonymous]

Anonymous wrote:Thank you! I guess I was just shocked to find that so many states do not use gifted IEPs. I like a lot of things about MCPS, but I do not like the way the do gifted ed. It seems like, at least from what I have heard, people can sort of cry their kids into these gifted centers. I honestly don't even know if my son would do well in a gifted center considering he has walked out of the house with one shoe on (not kidding there at all) but he is pretty brill when it comes to logic and creative thinking. We just want to see him challenged and from what we gathered from reading about the 504 plan (yeah I realize I was writing 540 before, see apple doesn't fall far from the tree) it seems while that would greatly help his ADD issues it probably won't do much for the academic part. He is bringing home all "P"s on his report cards and is at level S for reading, yet he brings home piles of unfinished work daily! Its enough to drive me batty. But I am glad to know they weren't just trying to push aside on the G-IEP. Thanks!

What are you talking about? Entrance to the Centers for the Highly Gifted is through exam. That's it. Crying is irrelevant.

You will not get a 504 or an IEP for giftedness.

[Anonymous]

I was told it is also based on teacher recs and that people can and do test prep their kids. My point is just that if a kid is really gifted, tests high but is a goof off or not the best student, and another student who is a great student but not gifted gets a high score and good recs, then they get into a gifted program over a gifted student. I am NOT saying I am against rewarding being a good student. Not at all, but don't put them in a gifted program for working hard. I am surgeon now, and was one of those really hard working students who did not test as gifted but did well in honors and A.P. course work. I had friends who were gifted, who did not always get enough out of honors course work, one I know who was doing very poorly because he was so bored, and his gifted IEP did much to serve him. I would much rather see honors track or something like that, based on grades and work, and then actual gifted IEPs for gifted kids, regardless of their grades. That is just how I feel about it. We are very new to the state and still learning the ropes. I don't know that I would want my son in a gifted center, he does not do well with pressure, but since he is gifted I would like to see those needs served. That is all...

[Anonymous]

I can't imagine an IEP for giftedness BUT if there's diagnosed ADHD (shown on an outside report/eval from a neuropsychologist) that would be the basis for the IEP. Giftedness would factor into it to the extent that they can't 9or at least shouldn't) say the kid doesn't get accommodations because he's getting good greads in school if you can demonstrate that his IQ means he should be working well above grade level and he isn't due to ADHD.

[Anonymous]

The test scores are the biggest factor..not that a teacher rec might make a difference in certain cases. My child was in a gifted center and I don't think it is the place for a goof off regardless of intelligence. There is a significant work load. My DD is the kind that loves a good school project and would be happy to work on it all weekend. It was a good fit for her.

[Anonymous]

Anonymous wrote:I was told it is also based on teacher recs and that people can and do test prep their kids. My point is just that if a kid is really gifted, tests high but is a goof off or not the best student, and another student who is a great student but not gifted gets a high score and good recs, then they get into a gifted program over a gifted student. I am NOT saying I am against rewarding being a good student. Not at all, but don't put them in a gifted program for working hard. I am surgeon now, and was one of those really hard working students who did not test as gifted but did well in honors and A.P. course work. I had friends who were gifted, who did not always get enough out of honors course work, one I know who was doing very poorly because he was so bored, and his gifted IEP did much to serve him. I would much rather see honors track or something like that, based on grades and work, and then actual gifted IEPs for gifted kids, regardless of their grades. That is just how I feel about it. We are very new to the state and still learning the ropes. I don't know that I would want my son in a gifted center, he does not do well with pressure, but since he is gifted I would like to see those needs served. That is all...

Teacher recs are a factor, but the main/primary driver is the test.

Like any competitive-entry program, the application and entry system is not perfect, but it works.

Both of my kids have gone through the Center program, magnet middle programs, and are now in magnet high schools. The Center is not "pressured." It provides enriched instruction and content.

[Anonymous]

Sounds a lot like our son. I am also from PA where there are gifted IEPs. True gifted learners do have different needs and I agree IEPs are helpful. I wish Maryland had them. For ADHD the best you can get is a 504 not an IEP.

[Anonymous]

You can get an IEP for ADHD. Our neighbor's son has one. He's now at the GT/LD program at Barnsley.

For admission into the GT/LD program, it's my understanding that the child must have an IEP, not "just" a 504 plan.

OP, I'm not sure if it was a mistake that you made multiple times or not, but it's not a 540 plan. It's 504. Don't call it the wrong thing if you talk to the school.

[Anonymous]

OP, my ADHD son has scores similar to that of your son and he has never failed anything. His MAP scores are in the 90th percentile and above. He qualified for the GT program when he hit third grade, but we decided not to pursue that route. He is getting ready for middle school and he is schedule to take above grade level classes in everything that above grade level is offered. Nonetheless, he has had an IEP since the time he entered school. The IEP is based on OHI (other health impairment, for which ADHD is a qualifier). The reason he gets accommodations and services is that without them, he would not be successful in accessing the curriculum.

I have never had getting or keeping his IEP despite his high scores and good performance. The goals and services have changed over the years with his changing needs, but the IEP was never taken away.

As an aside, I laughed about your child leaving the house with only one shoe. It has happened in my house as well.

[Anonymous]

GTLD begins in grade 3 in MCPS, I believe, and the HGCs are for grades 4-5. If you want to work with a consultant, Rich Weinfeld is the consultant a PP referenced and his business is the Weinfeld Education Group. It actually sounds like you could really benefit from working with a consultant rather than a lawyer, and if I wanted something from MCPS I would work with Rich.

[Anonymous]

We cried our way to the HGC. I knew exactly what you meant. Every year is pretty tough if you have a 2E child. Finally, the fast pace and rigor are keeping her engaged AND the teachers are excellent at helping kids get and stay organized. Good luck. And good luck with the 504. We did not get one.