IN TX special ed laws ...are there any laws requiring schools to provide special services only to kids who are

Question

above mental retardation level?. The school is denying St & OT for my son who has pdd-nos with cognitive delays because of "some new laws in place by TEA". Is is right? They said they are now only required to provide services to kids doing well in school and/or with high IQs. Please help

Answer 1

welcome to the world of special ed!!
First of all, start doing everything with the school in writing. No phone calls, talking, etc. You HAVE to write everything or they can come back and say 'I didn't say that'
1. Write a letter to whoever told you this. State it is a 'letter of understanding'. Write down everything they told you. After that, add that you are requesting any corrections to the letter and that if they do not respond, that the comments stand as correct.

See, you do this so they can't come back and say 'I dind't say that' if you find out they are wrong (and they are) Plus, you are giving them a chance to correct their lying.

Also in this letter, ask for a copy of their written district policy that supports what they are telling you. If it is not written in a policy, they are lying.

Did the school already do an evaluation to see if your child qualifies for special ed services? If so, and they are not qualifying the child, you can write to the district sped director and request 'prior written notice' of what they are refusing. By federal sped laws, they are suppose to give this to you.
If your child does in fact qualify for these services, watch their backpeddling begin when you ask for this prior written notice.
See, they HAVE to have LEGAL reasons for refusing services. And they have to put these reasons in writing. If their reasons are not legal (and what they have told you is not), then they WON"T give you this 'prior written notice'.
Then, this is to your advantage because then you in turn can file a formal state complaint to the state dept of edu and then the school will either give you the 'prior written notice' with a LEGAL reason for refusal of services (highly unlikely) or, they will back up and change their minds 'magically' and give the services needed.

This comment about only having to provide services to kids doing well in school. WHAT? Special ed is for the kids NOT doing well in school!
Make sure you add this comment in your 'letter of understanding'.

After doing all this, then write another letter addressed to district sped director requesting 'independent educational evaluation by public expense as specified by IDEA law'.

This is when you ask the school to pay for another full evaluatioin for the child, done by an outside doctor that YOU choose (not the school) and then the school uses these eval results to determine special ed eligibility and services. You are guaranteed this by law.

Dear district sped director,

My child had a full educational eval done on (date) .
I am requesting an independent educational evaluation by public expense as specified by IDEA law, because I disagree with the district's evaluation.
Please send me a written copy of the districts qualifications for evaluators within 7 business days.
I understand that according to IDEA law, the district has the choice of granting this evaluation, or filing due process hearing to show their own evaluation is sufficient.

You HAVE to write the letter in this exact way for them to take notice and follow laws. There is a specific legal process that has to be followed by schools and parents in the special ed process. Schools will not tell parents this, so it is rampant all across the country in how schools are violating the law and lying to parents.

When you write all these letter and make these requests as specified by the special ed federal laws, they will HAVE to follow the laws and reply to you, do what's right, or you can take further legal action if they do not comply.

If you need me, please email [e-mail]

Answer 2

That is the most ridiculous excuse I have ever heard! Why on earth wouldn't they provide related services just because your child is below in IQ? That makes no sense! Call your child's service worker (the person who writes up the IEP). I do know that IDEA sets the minimum standards that all states must comply with (at the minimum), and then the states may choose how to implement those standards into their laws. But... if a child needs services, the state is bound to serve them. However, DON'T sign the IEP until you are satisfied with the result. If you don't sign, they have to mediate until you are happy with it. You can also look up the TEA online... go to the state department of education website and look up the laws governing special education. You can see for yourself if the law has changed to include this (rather ridiculous) constraint. To me, this sounds like the school district is trying to get out of paying for the additional services. They may not be bound to, if they determine that your child will not benefit from the extra services- but you can prove them wrong by doing your homework. Research pdd-nos and the benefits of OT and ST. I mean, I can't imagine that they would deny these things!! A child with a disorder that's main classification revolves around communication?! What are they thinking?! Fight it... sounds like a ploy by the district. Seek out your worker and if that doesn't get you any information, contact a lawyer who specializes in special education laws. Good luck!

Answer 3

Federal law (IDEA) mandates special education. If your child meets the criteria for Speech and OT, then they have to provide it for you under federal law. That can't be right. Contact your special education director or supervisor for autism for your school district. If they don't help, contact a parent resource center to ask for clarification. Sounds like the school is trying to weasel out of providing services for your child (even though it's been proven that children with autism/PPD-NOS benefit from having speech/OT).

Answer 4

This does not make any sense! I would contact your county supervisor (the number should be on the last 1or2 pages of your IEP). Special education & related services should be provide to ALL children that qualify for it!