IEP question

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    • #132691

      Good morning-

      My 9 year old son has had an IEP for about 2-1/2 years. He is diagnosed ADHD and Anxiety currently. His IEP is for his anxiety (social) because that is they only way we could get one as he was not “failing enough” for an IEP for ADHD. (if that makes sense) We currently have his social anxiety under control for the most part and he is doing much better at engaging with students and in groups. However, he is still struggling to participate and engage with the actual content the teachers are teaching. I believe he is having trouble because of the executive functioning issues associated with ADHD and want them to re-evaluate his IEP. His special education teacher let me know the school psychologist would contact me for a re-evaluation, but it has been over three weeks and I still haven’t heard from her. His IEP meeting is at the end of January and I do NOT want to wait until half way through the school year to address this issue.

      Ok…venting over…now to the question. How do I go about getting this done and does he truly have to be “failing” in order to get an IEP for his ADHD. Anyone have any experience with this? Thank you. Sorry if it seems all over the place!

    • #132812
      Dr. Eric

      There are two answers to your question.

      For starters, the timeline from a written request for evaluation is 15 days in California, and I believe that is the timeline in federal law.

      However, it should really be a moot point.
      Although you always want to have an accurate assessment and eligibility designation, disability should not be driving decisions.

      Once a child has an IEP, regardless of the disability, the IEP Team is charged with creating goals and supports to address any impediment to accessing a meaningful and measurable educational benefit.

      If they are claiming that your specific concerns are not preventing educational benefit, it would be based on two potential explanations.
      1. Student is getting a meaningful and measurable educational benefit, so they believe that the IEP is doing its job and is defensible. In that case, they should be able to provide you with ALL of the measures that lead them to that conclusion as well as the evidence that would contradict this… (grades alone should be inadequate, and education is more than just academics… future employability, ability to work in groups, ability to live independently are also educational outcomes).

      2. Student is not getting an educational benefit, but that they have evidence that the reason you give is not the reason why. In this case, they should be providing you with the evidence as to why their IEP is reasonably calculated based on the information available at the time to provide a meaningful and measurable educational benefit in the Least Restrictive Environment. In this case, their actions are not judged on whether or not you are right or wrong, but whether or not they can justify what they are doing.

      • #132828

        Thank you. That was very helpful information. I appreciate the feedback.

    • #134972

      Just really quickly, as a parent, you have the right to call an IEP meeting at anytime. Also, your son should be re-evaluated every 3 years to see if he qualifies for an IEP still. Please excercise your right, in writing, it is always best to put these things in writing so you have the documentation if it ever comes to a legal issue where your child’s rights are not being protected. In Ohio, they have 30 days to respond to a request for testing or to reconvene an IEP meeting requested by the parent.

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