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[quote=Anonymous][quote=Anonymous]OP here. Thanks, this is helpful. We had our IEP eligibility meeting today and the school determined that my son is ineligible, which is astounding. They will only do a 504. He has significant dyslexia (and ADHD). We had a through neuropsych report done in advance.

Now I realize we should have had an advocate at *this* meeting but there’s no turning back the clock, just moving forward. [/quote]

You can still save this…. A few questions…..

What age is your DC?

Did you tape the meeting?

Did they give you a reason in writing why your DS did not get an IEP?  This is called “prior written notice”.  PWN is more than a booklet that they give to you explaining your options should you disagree with the decision.  They must give you specific written explanation why they declined to evaluate or find eligible or they are ”out of compliance”.  Check and see on your IEP paperwork what they checked as yes and no answers to questions on the form.

Some times teams decline IEPs because:

1) it is too early in the year and the teachers don’t know your kid well enough to say anything on the teacher reports that illustrates the 2nd prong of the IEP test - adverse educational impact and the parents haven’t brought any written evidence of adverse impact.  This is lame but not technically illegal.

2) Sometimes teams (inappropriately) look at grades and say if a student is not failing then there is “no educational impact”.  This is not legally correct.  A student can be passing from grade to grade (even getting As and Bs) and still qualify for an IEP.   There can be other evidence of adverse impact.

3) Sometimes the team (inappropriately) looks at the private neuropsychology and tries to say that because the student has a high IQ and isn’t in the “below average” achievement range (on reading, let’s say), that the student doesn’t qualify or because an overall average index is average even though the sub-indices are significantly different.  These are qualification approaches that are not in compliance with the law.  High IQ students can qualify for an IEP, and often do so on the “strengths and weaknesses” model - meaning they have areas of strength and significantly discrepancy areas of weakness.  Look for differences of 1 and a half standard deviations or more between subscores (3 points on the two digit scale and 22 points on the 3 digit scale). For example - a student with a reading accuracy score in reading of 16 (98th percentile) but a reading rate score of 11 has a 5 point discrepancy which demonstably qualifies that student for an IEP if other prongs are met.

4) another common problem is that the parents do not ask for special instruction - just accommodation.  If no special instruction is needed then the student doesn’t meet the third prong of the IEP test and a 504 plan may be offered instead.  Obviously, a student with dyslexia needs special, dyslexia appropriate reading instruction, which the school is obligated to provide if the dyslexia is having an “adverse impact”. ADHD students can also qualify for an IEP - they often need “special instruction” in how to track and turn in assignments on time, how to breakdown assignments in parts and plan to complete all parts in allotted time, etc.  aDHD often typically impacts writing, although that may not be easy to see in K and first grade.

Did any of these common things happen to you? If so, there are ways to fix it.  If not, feel free to share why they turned you down. I don’t want to derail this thread any further but am happy to help you figure out what to do.  Maybe copy/paste this into a new thread for more help?[/quote]

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