School refusing to add ASD diagnoses and OT to IEP

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:DS has ASD and ADHD. Current IEP only provides for speech.

We paid for our own neuropsych exam that says he needs more speech and OT.

The school keeps saying that the ASD and ADHD are not interfering with his ability to access the curriculum and therefore are not relevant in the IEP.

I provided the neuropsych report and OT eval and the results of the ADOS that we had done privately. The school says they have to do their own eval. We are totally fine with that, but they can’t schedule the eval until late MARCH.

After citing some provisions of IDEA and telling them I’m an attorney, they agreed that we can have a RED meeting and I’m hoping will just agree to add the diagnoses, but I’m unsure if they will.

This is the IEP that will carry DS into kindergarten next year and he really needs more support in the classroom.

Does anyone have any advice how I handle the upcoming meeting? We’ve also done two functional behavioral assessments privately-do I share those results?

How can the school claim this is not enough data? I just don’t understand.



Fhe

How do they know this if he hasn't started K? K is on a whole other level when compared to the preschool program most public schools offer kids with developmental disabilities. I would start there. What are his current teachers saying about it? Do they feel like he will need more support next year?

Op here. I’m not sure i understand your question. Of course he will need more support in kindergarten? He starts kindergarten in the fall so this IEP is the one that will be in place when he starts kindergarten. Sure we might update it before then but this is the IEP that will be in place as we are figuring out the set up for kindergarten.

What does his IEP look like right now?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:DS has ASD and ADHD. Current IEP only provides for speech.

We paid for our own neuropsych exam that says he needs more speech and OT.

The school keeps saying that the ASD and ADHD are not interfering with his ability to access the curriculum and therefore are not relevant in the IEP.

I provided the neuropsych report and OT eval and the results of the ADOS that we had done privately. The school says they have to do their own eval. We are totally fine with that, but they can’t schedule the eval until late MARCH.

After citing some provisions of IDEA and telling them I’m an attorney, they agreed that we can have a RED meeting and I’m hoping will just agree to add the diagnoses, but I’m unsure if they will.

This is the IEP that will carry DS into kindergarten next year and he really needs more support in the classroom.

Does anyone have any advice how I handle the upcoming meeting? We’ve also done two functional behavioral assessments privately-do I share those results?

How can the school claim this is not enough data? I just don’t understand.



Fhe

How do they know this if he hasn't started K? K is on a whole other level when compared to the preschool program most public schools offer kids with developmental disabilities. I would start there. What are his current teachers saying about it? Do they feel like he will need more support next year?

Op here. I’m not sure i understand your question. Of course he will need more support in kindergarten? He starts kindergarten in the fall so this IEP is the one that will be in place when he starts kindergarten. Sure we might update it before then but this is the IEP that will be in place as we are figuring out the set up for kindergarten.

Kindergarten is nearly a year away and they can't make recommendations for K now. Before entering K you'll have a transition meeting where your DCs current needs are discussed and modifications to the IEP will be made. Also, you can't just say that it is obvious there is an educational impact. You need to demonstrate. The parent is not solely responsible for this. The school will use their own assessments, observations, teacher input, etc.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:DS has ASD and ADHD. Current IEP only provides for speech.

We paid for our own neuropsych exam that says he needs more speech and OT.

The school keeps saying that the ASD and ADHD are not interfering with his ability to access the curriculum and therefore are not relevant in the IEP.

I provided the neuropsych report and OT eval and the results of the ADOS that we had done privately. The school says they have to do their own eval. We are totally fine with that, but they can’t schedule the eval until late MARCH.

After citing some provisions of IDEA and telling them I’m an attorney, they agreed that we can have a RED meeting and I’m hoping will just agree to add the diagnoses, but I’m unsure if they will.

This is the IEP that will carry DS into kindergarten next year and he really needs more support in the classroom.

Does anyone have any advice how I handle the upcoming meeting? We’ve also done two functional behavioral assessments privately-do I share those results?

How can the school claim this is not enough data? I just don’t understand.



Fhe

How do they know this if he hasn't started K? K is on a whole other level when compared to the preschool program most public schools offer kids with developmental disabilities. I would start there. What are his current teachers saying about it? Do they feel like he will need more support next year?

Op here. I’m not sure i understand your question. Of course he will need more support in kindergarten? He starts kindergarten in the fall so this IEP is the one that will be in place when he starts kindergarten. Sure we might update it before then but this is the IEP that will be in place as we are figuring out the set up for kindergarten.

Kindergarten is nearly a year away and they can't make recommendations for K now. Before entering K you'll have a transition meeting where your DCs current needs are discussed and modifications to the IEP will be made. Also, you can't just say that it is obvious there is an educational impact. You need to demonstrate. The parent is not solely responsible for this. The school will use their own assessments, observations, teacher input, etc.

this, iep's are made based off of current levels not "what ifs" that are 10 months away.

[Anonymous]

Diagnoses do not drive services.

[Anonymous]

School psych here just reiterating other people's points: first, did someone from the school tell you that this version of his IEP is what will be in place in kindergarten? That would be incredibly unusual. There is a process of transitioning early intervention IEPs to school age IEPs. If you think he would need more in kindergarten but not right now, then it would not be added to his early intervention IEP. Second, a few people have asked what specific services you want provided and this is a crucial question. You can't just say "OT." Is it fine motor skills? Sensory?

[Anonymous]

Anonymous wrote:School psych here just reiterating other people's points: first, did someone from the school tell you that this version of his IEP is what will be in place in kindergarten? That would be incredibly unusual. There is a process of transitioning early intervention IEPs to school age IEPs. If you think he would need more in kindergarten but not right now, then it would not be added to his early intervention IEP. Second, a few people have asked what specific services you want provided and this is a crucial question. You can't just say "OT." Is it fine motor skills? Sensory?

Op here. The school told me this IEP is the one that Carries into kindergarten. I can request another meeting prior to kindergarten starting if I want to, but if I don’t do that then yes, this IEP will apply. In our area, early intervention ends at age 3-he’s in a public elementary school now and his IEP is not an early intervention one from what I can tell. We haven’t been dealing with early intervention since he turned 3 and he is 5 now.

He needs a ton of support across a range of things. Fine motor, sensory, focus, frustration tolerance, eloping, etc. These are problems we are facing right now in the classroom as reported by his teachers.

[Anonymous]

Anonymous wrote:

Anonymous wrote:School psych here just reiterating other people's points: first, did someone from the school tell you that this version of his IEP is what will be in place in kindergarten? That would be incredibly unusual. There is a process of transitioning early intervention IEPs to school age IEPs. If you think he would need more in kindergarten but not right now, then it would not be added to his early intervention IEP. Second, a few people have asked what specific services you want provided and this is a crucial question. You can't just say "OT." Is it fine motor skills? Sensory?

Op here. The school told me this IEP is the one that Carries into kindergarten. I can request another meeting prior to kindergarten starting if I want to, but if I don’t do that then yes, this IEP will apply. In our area, early intervention ends at age 3-he’s in a public elementary school now and his IEP is not an early intervention one from what I can tell. We haven’t been dealing with early intervention since he turned 3 and he is 5 now.

He needs a ton of support across a range of things. Fine motor, sensory, focus, frustration tolerance, eloping, etc. These are problems we are facing right now in the classroom as reported by his teachers.

This is the type of data you'd want to bring to the meeting. How he is doing in the CLASSROOM, right now, with the IEP. The neuropsych stuff is OK, but needs in the SCHOOL setting are what drive services and I'm assuming the neuropsych did not observe your kid in the classroom. Bring all the data from SCHOOL that says...my kid is not doing ok (right? that is what you are saying?). He's having these struggles in preschool, what is the plan for kindergarten when the demands grow?

[Anonymous]

Anonymous wrote:DS has ASD and ADHD. Current IEP only provides for speech.

We paid for our own neuropsych exam that says he needs more speech and OT.

The school keeps saying that the ASD and ADHD are not interfering with his ability to access the curriculum and therefore are not relevant in the IEP.

I provided the neuropsych report and OT eval and the results of the ADOS that we had done privately. The school says they have to do their own eval. We are totally fine with that, but they can’t schedule the eval until late MARCH.

After citing some provisions of IDEA and telling them I’m an attorney, they agreed that we can have a RED meeting and I’m hoping will just agree to add the diagnoses, but I’m unsure if they will.

This is the IEP that will carry DS into kindergarten next year and he really needs more support in the classroom.

Does anyone have any advice how I handle the upcoming meeting? We’ve also done two functional behavioral assessments privately-do I share those results?

How can the school claim this is not enough data? I just don’t understand.



Fhe

You told them you are an attorney! Rolling on the floor over here. And I am an attorney.

[Anonymous]

Anonymous wrote:

Anonymous wrote:DS has ASD and ADHD. Current IEP only provides for speech.

We paid for our own neuropsych exam that says he needs more speech and OT.

The school keeps saying that the ASD and ADHD are not interfering with his ability to access the curriculum and therefore are not relevant in the IEP.

I provided the neuropsych report and OT eval and the results of the ADOS that we had done privately. The school says they have to do their own eval. We are totally fine with that, but they can’t schedule the eval until late MARCH.

After citing some provisions of IDEA and telling them I’m an attorney, they agreed that we can have a RED meeting and I’m hoping will just agree to add the diagnoses, but I’m unsure if they will.

This is the IEP that will carry DS into kindergarten next year and he really needs more support in the classroom.

Does anyone have any advice how I handle the upcoming meeting? We’ve also done two functional behavioral assessments privately-do I share those results?

How can the school claim this is not enough data? I just don’t understand.



Fhe

You told them you are an attorney! Rolling on the floor over here. And I am an attorney.

OP is probably not from around here so she doesn’t realize that the DMV is not impressed by us attorneys. Plus she really has very little understanding of special education issues and is advocating using emotionality.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:DS has ASD and ADHD. Current IEP only provides for speech.

We paid for our own neuropsych exam that says he needs more speech and OT.

The school keeps saying that the ASD and ADHD are not interfering with his ability to access the curriculum and therefore are not relevant in the IEP.

I provided the neuropsych report and OT eval and the results of the ADOS that we had done privately. The school says they have to do their own eval. We are totally fine with that, but they can’t schedule the eval until late MARCH.

After citing some provisions of IDEA and telling them I’m an attorney, they agreed that we can have a RED meeting and I’m hoping will just agree to add the diagnoses, but I’m unsure if they will.

This is the IEP that will carry DS into kindergarten next year and he really needs more support in the classroom.

Does anyone have any advice how I handle the upcoming meeting? We’ve also done two functional behavioral assessments privately-do I share those results?

How can the school claim this is not enough data? I just don’t understand.



Fhe

You told them you are an attorney! Rolling on the floor over here. And I am an attorney.

OP is probably not from around here so she doesn’t realize that the DMV is not impressed by us attorneys. Plus she really has very little understanding of special education issues and is advocating using emotionality.

But she cited provisions of the IDEA!!

[Anonymous]

OP, please invest in paying an educational advocate for 1-2 hrs of her time to get you oriented. You don't seem to have a full picture of what's needed or required to get you from point A to B.

Ages 3-5 is still early intervention, but it's done though the public school system. Neurotypical 3 yo don't go to public school (unless it's income-qualified head start, which is a separate niche situation).

IEP is renewed each year. Some goals may stay the same if your child haven't achieved them, but IEP doesn't stay static between 3 and 5. There is a minimum of 1 annual meeting.

Showing diagnosis paperwork doesn't get IEP changed. IEP meeting where you present neuropsych, data, etc. is what moves the needle.

You need to go through all formal regular steps. If school doesn't play ball, there are levels of escalation (this is where educational consultant is worth the money). You can call area SpEd supervisor, go to mediation, file a due process complaint and sue.

ASD is not a magic password - you need to prove to the school with data that your child needs OT, etc (on top of sharing the diagnosis). Spoiler: school OT will apply lower standards and push back a lot on what's truly needed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:DS has ASD and ADHD. Current IEP only provides for speech.

We paid for our own neuropsych exam that says he needs more speech and OT.

The school keeps saying that the ASD and ADHD are not interfering with his ability to access the curriculum and therefore are not relevant in the IEP.

I provided the neuropsych report and OT eval and the results of the ADOS that we had done privately. The school says they have to do their own eval. We are totally fine with that, but they can’t schedule the eval until late MARCH.

After citing some provisions of IDEA and telling them I’m an attorney, they agreed that we can have a RED meeting and I’m hoping will just agree to add the diagnoses, but I’m unsure if they will.

This is the IEP that will carry DS into kindergarten next year and he really needs more support in the classroom.

Does anyone have any advice how I handle the upcoming meeting? We’ve also done two functional behavioral assessments privately-do I share those results?

How can the school claim this is not enough data? I just don’t understand.



Fhe

You told them you are an attorney! Rolling on the floor over here. And I am an attorney.

Op here. Seriously what happened to this board? This forum used to be a kind little enclave within this site. I don’t get the need to be so nasty.

[Anonymous]

OP, if you are an attorney, I highly recommend reading up at Wrightslaw.com and going to one of Pete Wright's 1 day seminars, which includes a couple of books that reprint key laws and regs. You will gain a better understanding of the IEP Process. I found it really helpful and wish I'd done it earlier.

My memory is that they are classification can't determine services, i.e. my SLD and ADHD kid is classified as SLD but has goals in attention and executive function as well as writing, but I don't have a cite for that. The basis for the goals is PLOPs (present levels of performance) so the trick is to gather documentary evidence of classroom behavior and ask that it be included in PLOPs.

You're an attorney, so you know how to create this evidence - every time there's an elopement, etc. you need to document it with the teacher or whoever. You need to use FERPA to request all the educational records - for example, it took me several years to realize that the process in MCPS is to generate PLOPS from grades and a "teacher report" form, the latter of which was internal and never shared with parents. In preparation for the IEP meeting, the sped coordinator would cherry pick the teacher reports for positive comments only. Once I used to FERPA to request the teacher reports be included in the 5 day pre-meeting docs package, I was also able to request that the negative data be included too.

I learned to do other things like request an observation at school by a qualified person or outside advocate. As they get older, there's more testing, but in preK and K there's not a lot to go on.