Anonymous wrote:Anonymous wrote:It’s absolutely illegal to refuse an IEP if a child is performing at or above grade level. Sounds like it’s time for you to lawyer up.
NP here. Can someone please send a citation to the law where this is stated?
DS8 has ADHD, is reading above grade level but struggles with comprehension, and struggles socially and with minor behaviors. He has dysgraphia as well, though I don't think that's been explicitly stated anywhere. Through his 504 Plan, he gets OT 1x week (helpful) and a session with the social worker 1x week (not so helpful); the rest of the accommodations are basically unenforceable.
We went through the RTI process again this year, and they say that even though he is clearly struggling with comprehension, he is still above grade-level and want to kick the can down the road. I want him to receive some additional specialized instruction in reading comprehension, as well as social pragmatics from the ST (instead of social worker), but feel gaslighted every time I bring it up. School decided this year that he has autism, and would magically give him an IEP if I simply agree (despite the fact that our dev ped and neuropsych say no).
I don't understand the process. Am I asking too much? I honestly don't know. We're paying for so many other things, I just don't know if we can swing an advocate on top of everything else.
Anonymous wrote:It’s absolutely illegal to refuse an IEP if a child is performing at or above grade level. Sounds like it’s time for you to lawyer up.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:My DS has both MERLD and ADHD-Inattentive. Definitely ask for an IEP. You can get an IEP even if grades are not failing. DS got one essentially because the gap between his achievement scores and IQ was quite significant even though achievement fell in the "average" range.
The difference between a 504 and IEP is the need for "special instruction". DS gets special instruction in organizing papers, how to take notes in class, how to break assignment papers down, how to use a planner, etc. For language issues, my DS ended up needing specialized reading instruction, different spelling, grammar and punctuation instruction and writing instruction. Your needs may vary depending on the specific profile of strengths and weaknesses for MERLD. My DS also gets a variety of accommodations: copy of class notes, computer use, access to predictive speller/spell check, extra time on all assignments, ability to reschedule deadlines, extra breaks, etc.
FYI, please do not listen to anyone in your journey who tells you that kids with ADHD can only get 504 plans or kids with "good grades" are not eligible for plans at all. both of those are simply inconsistent with the law.
is this in FCPS, or MCO? I have a similar situation - and FCPS is refusing IEP based on just what you've stated.
It’s absolutely illegal to refuse an IEP if a child is performing at or above grade level. Sounds like it’s time for you to lawyer up.
FCPS told us DC is not eligible for psychoeducational testing or an IEP because she's performing at grade level (barely and this is with extra help and tutoring) even though we had a letter from the psychiatrist recommending psychoeducational testing. She has an IEP. We're processing with private testing.
Anonymous wrote:Anonymous wrote:My 8 year old ADHD Inattentive first got an IEP based on slow processing speed before even formal ADHD diagnosis. Receives support for writing and gets typing accommodation.
NP here but really curious about what an IEP goal for slow processing speed looks like. DS has very slow processing (and has dysgraphia) ... getting ready for IEP eligibility meeting
TIA!
Anonymous wrote:Anonymous wrote:My DS has both MERLD and ADHD-Inattentive. Definitely ask for an IEP. You can get an IEP even if grades are not failing. DS got one essentially because the gap between his achievement scores and IQ was quite significant even though achievement fell in the "average" range.
The difference between a 504 and IEP is the need for "special instruction". DS gets special instruction in organizing papers, how to take notes in class, how to break assignment papers down, how to use a planner, etc. For language issues, my DS ended up needing specialized reading instruction, different spelling, grammar and punctuation instruction and writing instruction. Your needs may vary depending on the specific profile of strengths and weaknesses for MERLD. My DS also gets a variety of accommodations: copy of class notes, computer use, access to predictive speller/spell check, extra time on all assignments, ability to reschedule deadlines, extra breaks, etc.
FYI, please do not listen to anyone in your journey who tells you that kids with ADHD can only get 504 plans or kids with "good grades" are not eligible for plans at all. both of those are simply inconsistent with the law.
Not OP, but curious what grade your DS is? (I posted about an IEE meeting recently). These sound like supports my DC may need now and down the line.
Anonymous wrote:My 8 year old ADHD Inattentive first got an IEP based on slow processing speed before even formal ADHD diagnosis. Receives support for writing and gets typing accommodation.
iAnonymous wrote:Are you asking for the language disorder or ADHD or both? He should already have an IEP for the language disorder under a language disorder and they would probably add it to the IEP.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:My DS has both MERLD and ADHD-Inattentive. Definitely ask for an IEP. You can get an IEP even if grades are not failing. DS got one essentially because the gap between his achievement scores and IQ was quite significant even though achievement fell in the "average" range.
The difference between a 504 and IEP is the need for "special instruction". DS gets special instruction in organizing papers, how to take notes in class, how to break assignment papers down, how to use a planner, etc. For language issues, my DS ended up needing specialized reading instruction, different spelling, grammar and punctuation instruction and writing instruction. Your needs may vary depending on the specific profile of strengths and weaknesses for MERLD. My DS also gets a variety of accommodations: copy of class notes, computer use, access to predictive speller/spell check, extra time on all assignments, ability to reschedule deadlines, extra breaks, etc.
FYI, please do not listen to anyone in your journey who tells you that kids with ADHD can only get 504 plans or kids with "good grades" are not eligible for plans at all. both of those are simply inconsistent with the law.
is this in FCPS, or MCO? I have a similar situation - and FCPS is refusing IEP based on just what you've stated.
It’s absolutely illegal to refuse an IEP if a child is performing at or above grade level. Sounds like it’s time for you to lawyer up.
FCPS told us DC is not eligible for psychoeducational testing or an IEP because she's performing at grade level (barely and this is with extra help and tutoring) even though we had a letter from the psychiatrist recommending psychoeducational testing. She has an IEP. We're processing with private testing.
Anonymous wrote:Anonymous wrote:Anonymous wrote:My DS has both MERLD and ADHD-Inattentive. Definitely ask for an IEP. You can get an IEP even if grades are not failing. DS got one essentially because the gap between his achievement scores and IQ was quite significant even though achievement fell in the "average" range.
The difference between a 504 and IEP is the need for "special instruction". DS gets special instruction in organizing papers, how to take notes in class, how to break assignment papers down, how to use a planner, etc. For language issues, my DS ended up needing specialized reading instruction, different spelling, grammar and punctuation instruction and writing instruction. Your needs may vary depending on the specific profile of strengths and weaknesses for MERLD. My DS also gets a variety of accommodations: copy of class notes, computer use, access to predictive speller/spell check, extra time on all assignments, ability to reschedule deadlines, extra breaks, etc.
FYI, please do not listen to anyone in your journey who tells you that kids with ADHD can only get 504 plans or kids with "good grades" are not eligible for plans at all. both of those are simply inconsistent with the law.
is this in FCPS, or MCO? I have a similar situation - and FCPS is refusing IEP based on just what you've stated.
It’s absolutely illegal to refuse an IEP if a child is performing at or above grade level. Sounds like it’s time for you to lawyer up.