IEP eligibility meeting question
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Anonymous
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I have my child's IEP eligibility meeting coming up and I want to make sure I have my information right before going in.
If the majority of the team, outside of myself, says that my child does not need an IEP and can do fine on a 504 and I don't agree where does the meeting go from there? Do I have to concede for the moment and then file a due process hearing? Do I have to sign the paperwork? If an IEP is granted, do they decide at this time what they will do for the child? My kid has dyslexia and ADHD, if they decide to give an IEP for OHI instead of LD does that mean they won't provide special education in reading but will for something like organization? Thank you! |
Anonymous
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Can't help you on most of your points except the OHI. My son's IEP has been coded OHI since K, he's now in 5th and has always had the accommodations he's needed. The coding really didn't come into it. His severe ADHD impedes his writing, so he's had two different goals in writing for years. Plus one goal for attention, and one for organization. Take that with a grain of salt, because my son's elementary is known for being very willing on the IEP front. Perhaps at other schools, they would be less willing to stretch. |
Anonymous
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"If the majority of the team, outside of myself, says that my child does not need an IEP and can do fine on a 504 and I don't agree where does the meeting go from there?"
You can request an independent evaluation. In DC, we got DCPS to pay for it. Either way, then they review it and decide again if your child needs an IEP. |
Anonymous
OP here. I've provided the school with a private neuropysch report and they are also doing there own testing. Would I still be able to request an independent evaluation? |
Anonymous
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The code doesn't matter; once he is found eligible, he should have all goals and services that are appropriate for any areas of need.
The IEP is not usually written at the same meeting as eligibility. If he is found eligible, you should get a draft IEP several days before the meeting. In the same vein, you should have already received copies of all reports and evaluations. If you disagree with the rest of the team, you should sign attendance but nothing else. After the meeting, you should send an email with your understanding of why eligibility was denied. Then you can decide if you want to file for due process. |
Anonymous
This is correct. If everyone agrees DC is eligible for an IEP the discussion should turn to writing goals for him to achieve - eg specific things related to reading and organization that he will achieve over the course of the next school year. Once the goals are set then there is discussion of how the child will achieve them - and then you get specific about X hours with a reading specialist in or outside the classroom etc. This may happen at the eligibility meeting or a separate meeting. The school may creatr a draft set of goals and service hours - if so you should get them ahead of time. Sometimes at our school we brainstorm and write them in the meeting. |
Anonymous
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You don't have to agree to or sign anything at the meeting. It's not a vote, it is by consensus, but usually the entire school staff agrees with each other, and hopefully you will agree too. If you don't agree with the school, these are your options (and you can pick more than one)
1) Request an outside evaluator at school expense. 2) Get an outside evaluator at your own expense. (expensive, but may be worth it to avoid a fight over making the school pay) 3) Hire an advocate to help you work with the school. 4) Request a mediator from the central office. 5) File state complaint (letter to State Department of Education, you don't need a lawyer) 6) Request a due process hearing (goes to an administrative law judge, you need a lawyer). If you and the school agree that your child needs an IEP, the school writes the IEP and then you schedule another meeting to discuss the IEP and ask for changes. |
Anonymous
Yes - they are using school district staff. An IEE would be done by another evaluator (not the one who did yours before). |
Anonymous
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In this particular case, where parents have already provided the school with an independent neuropsych and the school is just doing some supplemental testing, I would be surprised if an IEE would be the right response to a denial of eligibility. It's possible that the decision will hinge on the supplemental testing, but the independent neuropsych will be much more thorough, and so that's what the eligibility determination will be based on.
OP can report back after the meeting, but if eligibility is denied, it will probably because the school will argue that the disability isn't severe enough or that specialized instruction isn't necessary or that his grades aren't good enough. All bogus reasons for denial, but none that would be addressed with an IEE. |
Anonymous
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What I found was really helpful in getting my son an IEP was that I had specific services in mind that he needed. IME a good deal of 504 accommodations are best practice so plan or no plan, they happen. Not all, but a lot. So at my son's meeting, I was prepared to discuss all of the things that resulted in him being an unsuccessful student, what was tried and what more needed to be done and why it required services and not just accommodations. After I convinced one person, everyone but the psychologist and special Ed person agreed. Those two were on the fence and fine with the team's decision.
As to when goals were developed that was another meeting with different people. |
Anonymous
If this happens I would recommend mediation or appealing to the district office. We were in the same situation last year and every other possibility like asking for an IEE was too slow. Even still it took us the whole year to get an IEP in place. |
Anonymous
| An IEP is services (ie: moderate needs, speech, etc) and goals plus accommodations. A 504 is just accommodations. Do you feel like he needs services? If so, why? Bring that to to the table and explain it. Remember that IEPs and eligibility are very data based, and if a 504 plan is not working out you can always request another meeting and an IEP could be put into place instead. |
Anonymous
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OP here, thanks for the replies.
Yes I do think he needs services. He's had a 504 and stills struggles. His adhd is severe but he also has dyslexia, yet has managed to stay on grade level so far. He definitely needs reading help. I just don't want them to say that his problems are all from his ADHD and not provide him with the reading services he needs. He comes out as borderline low average/average on most tests but below average in some areas. |
Anonymous
what is the difference between IQ and various reading achievment scores - if they are highly discrepant (more than about 22 points) then you have agood argument for SLD instead of ADHD |
Anonymous
Depending on your school, this can be a tough discussion. In addition to your neuropsych testing, bring every piece of schoolwork, teacher comments, etc you can find to prove that he is struggling or actually behind in reading. I'd really think about hiring an advocate, or at least pay the person who did your private evaluation to attend the meeting. |