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Thread : Must a Student Be Failing to Qualify for an IEP?  
13 Nov 2008 @ 11:44 AM
MAP.Mom.Advocate.Protector Join Date: Fri 10th Oct 2008
Threads: 3 Posts: 0
Must a Student Be Failing to Qualify for an IEP?

I've been battling the schools for years now.

I suspect my child has a Specific Learning Disability (like dyslexia or dysgraphia), and asked the schools to do evaluations.

The school asked why I wanted evaluations done, and I replied that I knew there were co-existing conditions that could go along with ADHD like learning disabilities, Aspergers, Tourettes, Bi-Polar, Processing Delay, Sensory Dysfunction, etc. and I thought my child was displaying symptoms of dyslexia.

I also went into detail on the history of my child's homework struggles. The crying, writing letters backwards, illegible handwriting, taking hours and hours to read a few pages, little comprehension when reading, not being able to memorize, complaining of motion sickness and stomach problems when doing homework, etc. the list goes on and on...

The school asked if my goal was to obtain an IEP. I replied that if the IEP would assist my child in her homework and reading struggles, then yes. I also replied that I wanted my child evaluated to find if there were any other conditions like the ones mentioned above, that are sometimes confused for ADHD. I've found that more and more kids are being mislabeled, and furthermore- I've read the statistics on the chances of someone diagnosed w/ ADHD to have co-existing conditions. I told the school I needed help establishing an accurate diagnosis.

The school told me that in order to qualify for an IEP, my child had to be failing. And therefore, an IEP consideration at this time would be denied. I was told there is a procedure and criteria list you must fit in order to qualify for an IEP. The first things schools look at is if the child is failing. If not, an IEP is not necessary. The 2nd thing a school does BEFORE doing evaluations on a child to check for learning disabilities is to do something called an RtI. If the child is progressing with the RtI- no evaluations are necessary, because the child is doing well academically.

I asked the school, does this mean that the only way to qualify for an IEP is to be failing? The school replied: YES.

I'd like to be able to accurately fight the schools on this. Can anyone please advise me?

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13 Nov 2008 @ 12:09 PM Reply # 1
Anni Join Date: Thu 25th Oct 2007
Threads: 18 Posts: 416
Poor Grades Not a Prerequisite

Hi there:

The short answer is No - your child need not be failing in order to qualify for an IEP. That is absurd! The school should be working to prevent your child from earning poor grades - not picking up the pieces after it happens. Here is the U.S. Department of Education guide to IEPs - you'll see that it makes no stipulation about poor grades as a prerequisite for an IEP. In fact, federal law states that you child must meet just one of the 13 specific disability criteria in order to qualify for an IEP.

Here is one of ADDitude's most popular articles about school accommodations that should help: Accommodations For ADHD Students: A Parent's Guide

and

How to Write an IEP: Accommodations for ADHD Students

I hope this helps! Let us know how it turns out.

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Last edited by Anni : 13 Nov 2008 @ 12:15 PM. Reason:
19 Nov 2008 @ 3:34 AM Reply # 2
29slhall19 Join Date: Wed 19th Nov 2008
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No the student does not have to be failing

Absolutely not! (Thankfully!) I'm an upperclassmen in High School who has a 3.5 GPA with ADD(or AD/HD my doctor and parents use them interchangeably) and only a month or so ago was I admitted into the IEP program.

Even though I haven't been failing its been a constant struggle, for me and my parents, my ADD causes me to hyper focus, and be a perfectionist so even though the work is done more than accurately it is not done in a decent amount of time and the perfectionist also causes me not to know where to begin

So the IEP Lady (I don't know her technical title at the school) made the case that I was able to achieve in school but with much more effort than should be required so the IEP would be a tool used to level the playing field. The teacher in my IEP class assists students with learning disabilities (such as dyslexia ) in completing their work in whatever way their disability requires.

They should not be telling you that your student cannot qualify because if it is apparent, not necessarily by records but through the other troubles, the school should have no problem making a case for it. Also even though the school wan't sure i would qualify for the IEP programs I still went through all the testing, so the fact that they are making assumptions that your child won't qualify, without even offering testing, is already an issue.

Don't give up hope! Be persistent, its their job to help you, especial as you are the parent and you see the struggles that go on at home, so if you see an issue and they don't think you can get an IEP they are not giving their best effort. If you've only been corresponding with the school through e-mail you might try actually going to the school and talking to the counselor in charge of th schools IEP program, so they can fully understand the situation. Good Luck!

One more thing, my next door neighbor's little brother is in elementary school and has had trouble with reading for a long time. He would read incredibly slow, without much comprehension and his handwriting was terrible too. (You may have already considered this, but i thought I'd mention it just in case) He finally mentioned that the lines were quivering on his paper (after having gone through all of elementary school struggling), and they got his eye sight checked, and he needed glasses. Since getting them there has been a substantial improvement. (Upset stomach, and nausea can also be caused by vision issues.) I truly hope that your student doesn't have to wait so long to be helped, no child should.

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Last edited by 29slhall19 : 19 Nov 2008 @ 4:06 AM. Reason:
25 Nov 2008 @ 11:06 AM Reply # 3
socialbutterfly Join Date: Tue 25th Nov 2008
Threads: 0 Posts: 1
Failing to Qualify for an IEP

Wow this totally shocks me that the school is saying this... How wrong of them...

I would follow all of the advice above but first off get your child diagnosed. Ask your child's doctor who may evaluate or give your child a referral for a specialist to evaluate your child. Once the evaluation is done and your child has been found to have a disability you can then contact the special education department about information on an IEP or action plan for your child. They won't deny your child and are like a mediation between you and the school system (although employed by the school board) Also have your child see their school counsellor really helps on getting them assistance in schools as they can also make recommendations and observations.

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26 Nov 2008 @ 6:47 PM Reply # 4
massmom Join Date: Wed 26th Nov 2008
Threads: 0 Posts: 1
Help..Jr in high school, school wants to take him off 9 yr IEP

I have a son thats a Jr in high school thats been on an IEP since 2nd grade. He's diagnosed w/ Auditory processsing and have also kept him on because of a specific hearing disability. Just had the 3yr evaluation today, and the school is now telling us that because he's on the honor roll this semester (tons of outside tutoring!!)and working independently in the Learning center..there isn't a need to keep him on an ed plan. They did a Wechsler test w/the schools psychologist that doesn't know our son , nor anything on auditory processing, but she said she couldn't determine or see that he had a disability with regard to the testing. No teachers were in attendance, but they gave us the usual teacher's comments that he's doing well this semester. The junior year is an awful time to take a child off of an IEP . It sounds like the 504 leaves too much in the hands of already overwhelmed teachers. Pls advise anyone with this experience!!!

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3 May 2009 @ 8:42 AM Reply # 5
chersky Join Date: Sat 18th Apr 2009
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response to 2 posters

Please take the focus off of whether or not a child has an IEP. The important issue is whether or not a child is being successful. If your child is doing well on his/her own and achieving honors, what is the need for continuing services?

A child can have a learning disability and not demonstrate a need for services. You still have the right to request to have your child tested. The testing information will provide you and the teachers with areas of strengths and weaknesses. Is the child achieving to his/her potential? Are their gaps between achievement and potential? The law requires the school to implement interventions for a student that is demonstrating inadequate performance. This is the RTI piece. If the interventions are working, then they continue. If they are not, they are revised and monitored. For some students, an IEP is needed as another level of intervention. This law is in place to protect the rights of your child and to ensure the school is providing adequate instruction prior to placing your child in services and/or more restrictive settings.

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12 Jan 2010 @ 10:22 PM Reply # 6
eabeam Join Date: Tue 12th Jan 2010
Threads: 0 Posts: 97
Agree x2

Special Education is not about having a disability. It is about having a disability AND not being able to access educational benefit without specialized services.

http://askdreric-schoolpsychologist.blogspot.com/

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chersky said: Please take the focus off of whether or not a child has an IEP. The important issue is whether or not a child is being successful. If your child is doing well on his/her own and achieving honors, what is the need for continuing services?

A child can have a learning disability and not demonstrate a need for services. You still have the right to request to have your child tested. The testing information will provide you and the teachers with areas of strengths and weaknesses. Is the child achieving to his/her potential? Are their gaps between achievement and potential? The law requires the school to implement interventions for a student that is demonstrating inadequate performance. This is the RTI piece. If the interventions are working, then they continue. If they are not, they are revised and monitored. For some students, an IEP is needed as another level of intervention. This law is in place to protect the rights of your child and to ensure the school is providing adequate instruction prior to placing your child in services and/or more restrictive settings.

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