[hkolln]

We've been trying to get our niece tested for an IEP but last quarter the school tried an intervention and said it was working and stopped and closed out her case. They faught us to not test her back then.

Now 2 months later her report card shows she's gone from A's to C's and she's struggling. The teacher even sees it now. We requested another meeting to setup testing for her because she is having so much trouble in understanding everything. She writes words backwards (dyslexia?), fails her spelling test, and she just doesn't comprehend alot of the work. I have to help her with her homework (which the teacher DOES NOT grade or look at!) and I feel like I'm teaching her more then the school is. After not receiving a response to our letter dated the beginning of January, my husband wrote another letter to the school and to the school board. The guidance counselor hit the roof, called my husband saying we don't know the procedures and really was angry. We have a meeting on Tues Feb 12th regarding all this. Since they tried to talk us out of testing previously I know they will again. Since her teacher and her therapist is on board now I'm thinking that may help.

Is there a good website with IEP procedures on the web? One that lists timeframes for when they should respond to our request, what happens next, etc..?? I want to go into this meeting with information. I also want to ask the guidance counselor why she is fighting us so bad to test her when she's clearly struggling. I have alot of her schoolwork here that I'm bringing along with her report card.

Any ideas/suggestion?

[TxMom65]

Wrightslaw.com has lots of good information.

I work in a public school and sadly, here is what is happening. THe schools are now monitored by the numbers. If we test too many students, test students who don't qualify, test without any record of intervention....there is a huge laundry list.

[mommytoEli]

if you put your request in writing, saying specifically that you want her tested, they have 30 days to do so unless you agree to something different. so stand your ground. we did this with our oldest. fortunately and unfortunately they found no disorder, but rather just a lower iq. they said that bc his iq and performance matched, and both were considered "low average" there was nothing that could be done. but at least we knew. he was not eligible for any services, but the test uncovered the weaknesses he had and we were able to work on those things ourselves. the testing really "saved" his academic career.

my husband now works in administration in education. he lives and breathes ieps.....if you have any specific questions, please feel free to pm them to me and i will ask him.

you are doing the right thing by fighting. you are your child's best, and sometimes only, advocate!

[hkolln]

I have to tell you what happened last week!

The guidance counselor at her school called my husband saying that they don't want to test her because they are afraid she will be labeled "learning disability" and that would hold her back. Well, DUH...wouldn't you want to get her the help she needs if in fact she does have a learning disability? Made no sense to him.

Then a few days later the lady from the school board calls my husband...says the same thing...to the effect that they CANNOT test her, that they have to start at the beginning (with interventions) and that the team decides what kids are tested and what kids aren't...period! She was not at all happy we requested testing...BTW: We requested the testing in writing and CC'd the school board too.

So, we are going in with our niece's papers from school (with all D's!) and her report card and hoping for the best.

Her teacher called me and said, "I think it's now time to test your niece. Her behaviour is hindering her learning." At least now the teacher is on board with us having her tested. But the school is so against it! Why would they prevent testing? Wouldn't they rather test her and find out she needs something else then not test her and let her fail and fall thru the cracks? What is up with that....!!! The current school she goes to is a D rated school (Florida rates their schools A to F) and that doesn't show much for the education there...so being in a D school and struggling makes it even tougher for her to handle the work.

Either way I am demanding she be tested because I did everything I should as a parent (requested it in writing) and she needs more help then what she's getting in order to succeed. Is there something I can say to them to make them realize this?

And BTW the guidance counselor said there is NO time limit for them to respond to the request...Hubby told her that we were told it was 30 days from the request but she said that is not true...and that we don't know the procedures. Is there someplace that states about the 30 days that I can bring them a copy of?

[xxsurroundedbyxy]

I am a teacher and I have students in my classrooms just as your niece. I can request testing myself, but the hoops are still the same for everyone.

They MUST do an intervention first and keep it in place for a period of time before moving on to testing the child. It sounds like your niece though has past the period and they should be testing by now.

Does she have any diagnosis from healthcare or behavioral analysts? Such as ADHD or dyslexia? If so, she will instantly qualify for a meeting and a 504 plan which will put things in motion for her. You need to get the diagnosis in writing and give it to the school. If you have not taken her to a pediatrician and asked for a behavior evaluation to test for ADHD, dyslexia, etc. do so NOW. It will help you get the ball rolling and open many doors to you that are shut right now.

Because the testing the school will do will only show how far behind she is and her IQ. Typically, a student must be behind two years before they qualify for special services (crazy I know). This is why they rarely test kindergarteners or first graders because how can they possibly be two years behind? It is also why you see most children not receiving services on an IEP til second grade and for many that is unacceptable. I understand and I agree. Another area that reform is needed.

I know this from YEARS of experience and my current foster child I just had tested by a behavior analyst and within one week of having them fax the diagnosis, he had a 504 meeting and will qualify for small group testing and many other interventions and OT therapy done by the school, etc. If he continues to struggle academically (he is in kindergarten) we will move onto testing and an IEP.

Good luck and PM me if you need more info.

ALSO...ask for a copy of the parents rights. They HAVE to supply you with one and all the laws and requirements are in there. They must supply one to anyone who asks and for any parent at a 504 meeting or IEP meeting.

Kim

[hkolln]

She is already 1 yr behind because she is supposed to be in 3rd grade but is in 2nd. And she's struggling to handle 2nd grade stuff. Not sure if that matters either.

Her therapist did test her for ADHD and thinks she has it but the psychologist has to actually "diagnose" it so I don't know if it's actually been diagnosed or not. They also believe she has PTSD due to the abuse she experienced. I did get a letter from her therapist requesting that due to her behaviour issues that she feels testing her is needed to help her. I could get a specific letter from her if needed, I'm sure, that explains their diagnoses too.

Thanks for everyones help!

[BethanyB]

It sounds like many schools are different from what I am hearing.

In my district the child's problems must be impacting on their education before being tested. We also first meet for a meeting to discuss what has been done and what should be tried before going futher. Parents do not attend this meeting. After interventions if the child is still having problems, then the teacher usually goes forward with a child study team evaluation. Sometimes it takes a few weeks before a meeting is planned. But the team, the teacher and parents meet and discuss their concerns. Then we tell the parents about the testing procedures and have up to 90 to complete it.

I have never had a parent who wanted testing where the teacher didn't. If your child's teacher has concerns, why isn't she the one bringing her up to the child study team?

I had my four year old tested last summer. They did not think he qualified for special services. Seven months later he is still struggling with speech and other problems so I wanted the CST to reevaluate. They told me the results were good for a year.

Well, I got advice from a higher up in another district and he told me to write a letter stating I wanted my child to be reevaluated OR that I wanted him to have a private evaluation. This guy says the district has 30 to respond to my request. That they have to give me my due process.

I would ask the teacher to give you a copies of the special ed booklets that tell you all of the procedures and rules. It tells you what to do if you do not agree with them and how to go about with the next steps.

This just does not sound right to me.

[hkolln]

Originally Posted by BethanyB

If your child's teacher has concerns, why isn't she the one bringing her up to the child study team?

Because when we requested testing back in October the teacher thought our niece was fine...doing well (she had A's and B's then but now C's and D's) and at the top of the class (Yeah top of the class in a D rated school). Back then they did a behavioural intervention, said it worked great, and we asked for them to continue it. Well, it didn't work so well after a few months...and she started showing behavioural troubles that the teacher just now notices. We see her struggling to do her homework and I actually have to sit with her and teach her what is on her homework. So, January we sent another letter requesting them to do concurrent intervention and to test her too. That was when everything got crazy. The teacher called me, after the guidance counselor contacted her about the letter, and basically said since the therapist is requesting testing that she feels now is time to test her. She said the therapist has more one on one with our niece (unlike the teacher does) and she believes she should be tested now. The teacher will be at the meeting on Tuesday. I guess, since it took 2 letters to get teacher on board...and that we already requested the testing ourselves, that the teacher feels she doesn't also need to request testing. I'm sure at the meeting she will say she feels for it now (at least I hope she does cause she told me that over the phone).

[Adoption_Ally]

Schools don't want to test because it costs them money to provide the services your child needs. Once the child has been labeled with 'Learning Disabilities', under FEDERAL law, the school has to educate the child to the best of the child's ability. Since the Feds do not fully fund the mandate, it can be very expensive for schools in tight budget times. Actually, having your child labeled as LD puts you as the parent in charge.

Having been through this with my son, now nearly 24, and going through it now with my daughter, nearly 10, I have some suggestions.

First, I would do a complete medical work-up, especially an eye exam and hearing test. My son was diagnosed with ADD between 4th and 5th grades, but that didn't seem to clear up all the learning and behavioral issues. Between 5th & 6th, we also found out that he needed glasses! If the child has a hearing or visual deficit, they are probably totally unaware because it either came on gradually or was always there. Additionally, these kids are less likely to want to display weakness, and saying they can't see or hear may be something that the child perceives as their fault. Also have a complete physical, including lab work, to rule out any underlying health issue of which you may be unaware. It's also a good idea to have your child evaluated for underlying psychological issues such as depression. Children can manifest depression, grief, anger, etc. in very different ways than adults.

I don't know where you are from, but many states have advocacy organizations to help parents navigate the IEP/504 process.

Do NOT let the school off the hook. On more than one occasion I have showed up at the Superintendent's office unannounced to make my point. This method doesn’t allow the school authorities to have all their little duckies lined up – they have to deal with you right then and there. While putting things in writing is important for legal reasons, it gives the school much more time to formulate their response.

Remember, you have to be the lioness/lion advocate for your niece. No one else will do it, and the schools will fight you. Do NOT think that the school has the child’s best interests in mind – that is not necessarily true. Be firm, be calm, but be persistent and resolute. My husband and I have developed the tag-team method. When I've reached the end of my rope, he deals with it, and vice versa. Also it helps to have in mind exactly what it is you want the school to do, and have something that you are willing to negotiate away to give everyone an opportunity to ‘win’.

Hope this helps!

[LisArno]

I'm a few months late in reading this, but... did you get the testing you requested? I'm a special education (resource room) teacher, though I fall until the Department of Defense regulations rather than the usual Department of Education. In the fifteen years I have been doing this, I cannot remember denying a parent's request for testing.

[hkolln]

No, they never tested her. They had a meeting with us and the teacher and the special eds teacher. Her teacher said she had emotional issues however that was not interfering with her learning. Since she is passing they refuse to test her...they basically told me unless she is failing and at jeopardy of being held back they will not waste their resources to test her. It was a waste of my time trying to get them to agree to testing her....they are so stuck on she is passing now so it's ok...let's see how she does.

[Tudu]

Have you tried having her tested privately? Medicaid should cover it. We had a full Psychological Evaluation done with a local Psychologist and then turned it in to the school. They had to accept it and adjust to my child's needs based on the findings. My sister just did the same thing for her daughter when her school did the same as yours.

[hkolln]

Who would do that type of testing?

[Tudu]

You have to get out your local Yelloe Pages and start calling every Psychologist in there. Most do not do it but others will. Just ask them if they do Pschological Evaluations.

[gdaisy]

As an Special educator, the district does not have to accept the evaluation... they just have to consider it! IT is the same as a written diagonsis from a doctor on a script pad..... The district has a right to accept or reject it and complete their own testing!