Reply to Educational Testing through MCPS

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[quote=Anonymous][quote=Anonymous]My son has ADHD, depression, anxiety and probably other issues.
He has a lot of [b]trouble reading, understanding directions, remembering, recalling and focusing[/b]

He is 7th grade and[b] all teachers agree and offer a lot of help[/b].

I have requested an educational hearing because it's pretty clear there is something else that is interfering with his learning - something that the above symptoms would be explained by (possibly dyslexia)

We have a hearing set up but the [b]counselor said it's unlikely he will get testing because he gets As and Bs[/b]. 
This is really because [b]we spend a ton of time with him[/b] and [b]so do his teachers[/b]. [b]He retakes tests and gets extra time[/b].
At some point when the curriculum gets more challenging, we simply wont be able to keep up and his grades will tank.

The crash is coming and I'd like to help him before it happens.

[b]I was told MCPS will only test if he is failing[/b] (but they make it almost impossible to fail and I think telling my son not to retake tests or get extra help so he can fail is a terrible message and will make his anxiety and depression worse.

I was also told if we can show how much help he requires to function that we stand a chance.
I'm thinking of hiring and advocate to come with us too of course since I know this can be a big help navigating the system.

Any tips to help us qualify for testing through MCPS?

Kaiser won't help at all - they did a basic screening for psychological issues and once diagnosed, they don't have any plan to help him.

[/quote]

So, I'm writing the below because it sounds like you don't already have an IEP?  It's not clear to me that the "educational hearing" you think is scheduled is an IEP meeting.  Sometimes MCPS tries to convince parents that they are doing their best by holding an EMT meeting and telling the parents during the meeting that they can't get an IEP or testing because there's no disorder, no adverse educational impact (the no failing grades argument) or no need for special instruction (because they are already helping him).  All these tactics are illegal but happening outside of any formal recorded channels if you haven't asked for an IEP in writing.

If you haven't made a written a formal request for an IEP meeting and full educational assessment in a letter or email that includes 1) what his disorder is 2) what the adverse impact on education is (doesn't have to be grades) and 3) what the need for special instruction is, write the following:

"Dear Principal:

I am writing to request an initial evaluation for an IEP (to include a full educational assessment in all areas of suspected disability) for my son, Larlo, who is in 7th grade.

Larlo has been diagnosed by his physician with ADHD, depression and anxiety. Our family is addressing Larlo's medical needs with his treating physician, but we find that Larlo also has educational needs related to his disability.  We suspect that, in addition to ADHD, depression and anxiety, he may have dyslexia or some other undiagnosed learning disability.

Larlo has great trouble trouble reading, understanding directions, remembering, recalling and focusing.  As parents, we spend an unusually large amount of time at home supporting Larlo in doing his homework and preparing for exams -- far beyond what seems reasonable given his age and intelligence level.  Larlo's teachers agree that he is having difficulty and are doing them best to offer him help informally - he is offered chances to retake exams and gets extra time. It is only through this extremely high level of effort by us -- Larlo, his parents and teachers --- that Larlo has been able to maintain As and Bs in his classwork.

We believe that, although Larlo's teachers are doing their best to support him, Larlo may need special instruction in reading or special instruction in methods to organize and express his thoughts, break tasks into manageable parts, and use of graphic organizers for writing. Larlo may also need accommodations that he currently receives (extra time, test retakes) formalized on an IEP plan as well as other accommodations.

I have been informed by Ms. Counselor that Larlo is unlikely to receive educational testing because he is getting As and Bs.  I was told by Ms. XXX that MCPS will only conduct educational testing if Larlo is failing.  It seems like an unwise idea to tell Larlo to forgo all the help he is already receiving in order to allow his grades to fall and therefore qualify for an IEP.  The advice we are receiving that Larlo must have failing grades is exacerbating Larlo's depression and anxiety.

I'm sure you, Mr. Principal, know that under IDEA, Section 300.101(c)(1) "Each State must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade."  Therefore, MCPS may not require students to have failing grades in order to qualify for an IEP or educational assessment.  Many students with As and Bs in MCPS have IEPs.  I am sure you are also aware that under disability law, MCPS has an obligation to evaluate Larlo's impairment in his unmitigated state or what is assumed to be his unmitigated state -- that is to say that if Larlo manages to achieve As and Bs only with mitigating measures, then we cannot say that there is no adverse educational impact.  In addition, IDEA section 300.304(b)(2)states that the public agency must, "Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability ".  Thus, looking only at Larlo's grades to determine IEP eligibility and educational testing is impermissible.

A meeting has been scheduled to discuss Larlo's needs.  I look forward to meeting the members of the IEP team.  I will be participating as well as (fill in the blank -- Larlo's educational advocate, Larlo's dad, Larlo's dog, whatever.....).  We will be taping the meeting and look forward to receiving the required paperwork and data the team wishes to discuss at the meeting in advance of the meeting as required by law.  Specific data to be provided in advance to us should include, inter alia: teacher referral forms prepared for the IEP meeting, any data regularly collected by the school such as MAP-R and MAP-M scores, PARCC scores, any other data that will be discussed at the meeting, etc.

I look forward to working together collaboratively to address Larlo's educational disability so that I do not have to resort to due process options.

Sincerely, 
Larlo's mom"

I got so freaking tired of hearing that MCPS is pulling the same old $%^&$* that I wrote the entire letter for you...... sorry, I got carried away.  Adapt as necessary for your specific situation. The letter makes a clear case for an IEP and testing and also politely gets it on the record that the school is lying to you about what it takes to qualify for an IEP, that you know your rights and that you are prepared to go to due process (i.e. sue or otherwise file complaint) if you have to.

Hire an advocate if you think you need to!

Good luck!

An MCPS mom who has heard all of the above and more in the past 10 years and is pretty sick of it.

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