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Thread : LD & IEP - what if it doesn't meet needs?  
4 May 2008 @ 11:03 AM
mmhcpa Join Date: Sun 4th May 2008
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LD & IEP - what if it doesn't meet needs?

My daughter was diagnosed in 4th grade as ADD (inattentive) with a possible LD. After more in-depth testing at my expense (she didn't go to public school) she was diagnosed with a "written expression" disorder compounded with a significant short-term memory/word recall issue. The only visible symptom at school was slow reading speed (can't read phonetically) and inability to spell even high frequency words. We transferred her to a public school for 5th grade and spent the entire year trying to get an IEP in place. At the end of the year they put one in place for 6th grade.

6th grade has been a disaster; her reading and language arts teachers feel that providing support through an extra teacher in a classroom with 28 other LD/ADD/IEP children and giving her extra time was sufficient support, and nothing more needs to be done. They have verbally told my daughter, the principal, and me that she "isn't trying hard enough" and they don't "understand why she can't learn like the other kids". The teacher is tenured and hostile. I'm at my wits end; I feel like the IEP as written was the bare minimum required by law and does NOT provide the type of support she needs. My biggest complaint is the volume of work assigned. For example, the class had to write 17 poems over a four week period, using various literature styles and with illustrations. There was a work stoppage during the assignment period, which derailed my daughter. When they returned to class it took her a while to get back "in the groove". She handed in the assignment two weeks late. The teacher gave her an "A" for the poetry but a "D" on the assignment because it was late. When I protested the grade, the teacher said the learning support teacher had told her my daughter was finished writing the poems two weeks before and was "just slow typing them up". Sadly, this was a blatant lie and not the first the learning support teacher has told during the year; I understand she has too many kids assigned to her but she is doing them no favors by giving bad information to the other teachers.

Further complicating this is the fact my daughter gets A's in math and science, which she views as both easy and fun. The literature/writing teacher use that as proof that she just isn't trying hard enough. Her grades in writing and literature have gone from A to B to C during the year. The school also feels a C is completely acceptable and nothing to worry about on their side - she just needs to "do more" to improve her grade.

We have already decided to switch her back to Catholic school next year; the direct support that will be lacking will be made up for by the increase in respect/understanding to be gained from the principal and guidance counselor.

Was/is there anything legally I could have done differently?

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6 May 2008 @ 9:28 PM Reply # 1
syndromewhatsyndrome? Join Date: Tue 6th May 2008
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Where to begin?

Yes, there is a lot that can be done legally, but even the legal experts (the good ones) would prefer you to exhaust your negotiating powers first, as bringing in the big guns changes everything and everyone, and if you plan on staying in that district (which, I realize you didn't) can make it very difficult to deal with people afterwards, not to mention the cost.

The best place to begin educating yourself on this is the Wrightslaw website. You'll find a wealth of information there on the legal implications, their publications are wonderful ( I have them all), and I just attended a 1 day seminar which was well worth it. I would advise anyone with a special needs child to know the law specifically with regard to their own child(ren), regardless of the fact that they may feel they have a good solution at present.

I'm grateful to Pete and Pam Wright for their informative and enjoyable seminar last month. I feel a lot better about my upcoming IEP meeting now.

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