Reply to FYI on MCPS middle school magnet appeal with child with IEP

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[quote=Anonymous]Hi OP, I just wanted to support you in your feeling that the MS magnet application process includes a lot of factors which tend to unnecessarily screen SN kids out of the process.  That is not fair (and probably not legal, but that hasn't been tested in court).

But, I want you and other parents to know that it is possible for SN kids to get into the magnet programs.  I have a DC who has an IEP with an SLD code.  DC has had an IEP since 3rd grade.  IEP is pretty crappy and we have sought outside private instruction to address DC's SLD.  We have encountered many teachers who thought DC was lazy or disinterested or stupid, instead of understanding DC's LD.

DC applied to the HGC magnet and was rejected.  DC's test scores were only close to the median in one category, and DC likely had very poor teacher recommendations and no support from the principal.  That was the year that we were fighting hard for an IEP and the school system was saying that the problem was just that DC wasn't that bright.  We did not appeal the rejection at all, although our educational advocate later told us we should have.

We got a private assessment, succeeded in getting an IEP, extra-time and other accommodations, etc.  Over the next couple of ES years, we provided DC privately with the specialized instruction DC should have gotten on an IEP but never did.  DC's skills improved, but the LD still shows and probably always will to some extent.

DC applied to a MS magnet and got in.  I think it's important to share what we did in the application process that helped.

First, DC had excellent teacher recommendations.  You are absolutely right that it is difficult to get these when you are at the same time fighting the school for an adequate IEP.

Then, in the application, we authorized the admissions committee's access to the IEP and private neuropsych assessment and asked that it be considered alongside DC's test scores.  We pointed out in the initial application that group-based test scores are well known to under-predict the performance of GT/LD students and thus unfairly screen these kids out of opportunities for which they are adequately qualified.  We pointed out several aspects of the neuropsych that illustrated that DC was qualified and could be successful in the magnet program.  I have no way of knowing if the committee actually looked at this outside testing or not, but I made sure it was there and some of the documentation was in the application.

It also helped that the MS magnet did not provide all of DC's testing accommodations and the ones they did provide were poorly done (like giving DC extra-time in a room full of students who didn't have extra time and just sat there whispering while DC finished.)  We documented the accommodations both before test administration and the failures immediately after test administration prior to the return of scores.  It's important to note that our DC was accepted to the MS magnet even though all three of DC's test scores were below the median of accepted students -- 2 far below the median and a 3rd within a point or two of the median.  I can't speak to what actually happened in the admissions committee, but test scores given without appropriate accommodation if used as the basis to refuse admission to a SN student would put the school system in a precarious position, legally speaking.

Another important part of the application are the essays.  DC used the opportunity to write about the challenges that the LD presents and how DC has worked on, around or overcome them.   I'm sure that helped.

So, DC is in the MS magnet with an IEP and is getting all As and Bs.  The opportunity is, of course, life-changing, especially considering how often in the past DC has had to fight for acceleration or advanced classes.  We have some difficulty getting teachers to implement all the accommodations, and DC works harder in those areas which are impacted by the LD.  But, overall, it has worked out better than I could have imagined.  A previous PP is right that there are a few kids with IEPs or 504s in our magnet, but not many.

I'm sure there could be many more, but the entire SN process, the magnet application process, and the GT/LD program steers these kids away from this opportunity.  In fact, when considering the acceptance, we were warned that the magnet program does not provide an inclusive or team taught classroom, which again, is probably not legal but has never been contested, to my knowledge.

I encourage you to keep fighting.  There are quite few kids who are accepted to both MS magnets and thus must turn down one acceptance, so getting in off the wait list is possible.  This happened to a friend of ours in the HGC, so, again, it is possible.

One additional problem that I see with the appeals process is that it doesn't comply with normal notions of due process -- in the first level of the appeal process it sounds like the people who are reviewing the appeal are the same people who made the original decision.  I'm not an attorney, but that doesn't seem like it complies with due process.  Also, the appeals process only allows you to appeal if there is "new information" to consider, and it seems you were told when you provided that new information (the neuropsych) that it couldn't be considered.

For the future, it is wise to invoke your FERPA and MPIA rights in advance of your initial appeal.  Under FERPA you have the right to ask to see your student's entire application file as well as any notes numerical indices made by the admissions committee.  Recent teacher recommendations require that you waive your ability to see these, but you might be able to get them anyway under FERPA.  I would also do an MPIA to know 1) how many kids applied 2) how many kids with 504s applied 3) how many kids with IEPs applied 4) how many kids were accepted with IEPS or 504s 5) what was the median AND range in each test (the letter only gives you the median) and 6) what was the median and range of the accepted kids with 504/IEPs and 7) how many kids were accepted whose test scores were above all three medians, above two, above one and above none.  You should receive this information before the application deadline or if you don't you note in your appeal that you are being asked to apply without having been supplied with the proper foundational information.

It presents a dilemma -- whether fighting and speaking out about the shortcomings helps or hurts.  For us, we have been fighting the system for so long, that we are used to it, and we figure if it doesn't help us, it might help someone in the future.

Good luck![/quote]

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