Spec. Ed. eligbility ADVICE!!!?

Question

My child has ADHD for sure (recently hospitalized for "psychiatric condition requiring treatment"). He is now back at school. Did NOT qualify for special education last year because his behavior does not affect his educational perfermance. But, his evaluation states the following:

1. "An ability to build or maintain satisfactory interpersonal relationships with peers and teachers"
2. "Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations"
3. "A tendency to develop physical symptoms or fears associated with personal or school problems"
4. "A general pervasive mood of unhappiness or depression"

How can I get him to qualify???? How far does he have to fall behind to get help? Or, how bad to things need to get to get services for him?

Currently on a 504 plan already.

Hospital staff sees a lot of bi-polar characteristics, however, were hestitant to call condition what it is. Teacher has many interventions. My kid has run off campus and attempted to do so again this week. He is not well. Appreciate all of the replies to this question!!!

Answer 1

First of all there are federal laws that schools have to follow for special ed called IDEA 'individuals with disabilities educational act'.
These laws have lots of rights for parents. Most schools don't and won't tell parents about IDEA law. Even though this law mandates them to tell the parents it exists.
You need to learn about these laws and your rights.
1.www.wrightslaw.com
2.www.reedmartin.com
These are the best sites about IDEA laws.

The whole special ed process is overwhelming, especially since most schools do not follow the laws and do all they can to keep children out of special ed.

There are some legal things you and the school must do at this point, since the eval has been done and eligibiltiy has been denied.
1. Write to school and request 'prior written notice for the districts refusal for special ed eligibilty, as specified by IDEA law'. Put this phrase in your letter. Put your childs name and date eval was done.

Schools are suppose to have 'legal' reasons for their decisions, and they are to put these reasons in writing to the parents, called 'prior written notice'.
I bet you a million dollars school didn't give this to you.. they never do.

Anyway, when you ask for this, they will magically change their mind and say child qualifies IF they have no legal reasons for denying eligibility, because they will NOT put illegal reasons in writing. They would much rather go ahead and qualfiy child than to have someone find out they denied him illegally.

2. Write and request 'an independent educational evaluation by public expense because I disagree with the districts evaluation, as my right per IDEA law'.
(Use this phrase)

Most parents don't know they can do this. What this means is, the school will pay for another eval to be done by a doctor YOU choose, and will use the new eval results to determine if child qualifies for special ed. It doesnt' matter if they already said he doesnt' qualify, they have to determine it again with these new eval results.

And since it's done by a doctor YOU choose, you know there will be no rigging of the tests, like a lot of schools do to be in their own favor to say the child doesnt' qualify.

Since the child has behavioral/emotional problems, request a 'functional behavioral assesement' to be done with the independent eval you request. Schools are suppose to do this type of eval when behaviors/emotions are involved.
they do this eval to find out the exact problems, the extent of the problems, and what can be done to help with the problems. The school uses this eval to make a 'positive behavior plan' BIP to help the child in these areas. Schools can only help with this if child is in special ed, though.

Special ed is a LEGAL step by step process that most parents dont' know about ,and that most schools won't follow. Hate to say special ed all over the country is corrupt and parents have to fight like crazy. Lots of parents start homeschool, and lots of teachers who know what is happening quit teaching.

The school personnel who say this is not correct, most of the time they do not know the school is violating the laws and being corrupt. THey think the school is doing right and just follow right along.
OR, some teachers DO know what is going on and they want to keep their job, so they keep their mouth shut. Some teachers are not allowed to tell parents their child has problems, becuase the school doesn't want to help them.

When I took my child out to homeschool last year, the teacher told me 'I am so sorry, the administrators just would not let me help your child'.

Also, go to www.schwablearning.org and sign up for free to post on their 'parent to parent message board'.
It is THE best site for this type of help. Just the best. All kinds of great people there can help you every step of the way.

504 plans do not help with the type of problems your child has.
504 is just to provide accomodations and modifications for a child, not to HELP them with their problems.
For example. If a child has reading problems. A 504 will do things like make a reading assignment shorter, eliminate reading for homework, skip reading portions of assignments.
It does not help a child LEARN to read. It only helps them COPE with NOT KNOWING to read.

Answer 2

An IEP meeting can be called at any time, for any reason. But since your child hasn't qualified for Special Ed. Services, you stll have the right to call for an S-team meeting. In these meetings, the meetings are held to determine whether or not the child should qualify for services or not, and why. Attend the meeting, take copious notes, and document everything.

You also have the right to file due process. That should really get their attention. Most school systems will give you what you want rather than face a Due Process Hearing. This is a hearing in front of an impartial Hearing Officer to determine the facts on both sides, and to issue a decision in the facts at hand: does your child need special services or not?

It would appear, at first glance, and being out outsider, that he would definitely qualify for a continuum of services, including mental health care and guidance counseling; resource classes, and so on. I would take it the administration from that vein. All these other mentioned items are also good. You have the control here, not the school system. They will bend over backward to keep you from filing any complaints, especially if it is in the best interest of your child!

Answer 3

I decided to answer your question even though you have several correct answers because I think I bring a different perspective. I am currently (last 6 years) a Special Education teacher in California with a Masters Degree. I have two children now in High School with 504 plans who qualified for various special education supports from first grade on.

Okay, you have a 504 plan in place but you still don't feel he is getting what he needs. There is a lot of information that is missing in your scenario, what state are you in? Every state has interpreted the IDEA slightly differently and implements accordingly. What grade is your child in? A younger child will have a more difficult time qualifying (this may change as states implement IDEA'04, but most are still in process). You don't tell me how he is doing in school. If he didn't qualify then you have lots of test results that should give you a real clear picture of what your childs abilities are and where they are preforming.

The main wording in the IDEA is "Least Restrictive Environmnet" when a child is placed in (what I think you asking for) an emotionally disturbed program they may learn alot more accademically but if they can stay in a regular education program they may learn a lot more socially and then be able to benefit from instruction more.

We have a group here in California called "Parents Helping Parents" it is a great resource for any parent with children who have special needs whether they qualify for special education or not. If your not in California you might want to contact them (they are on the web) and see if they can put you in touch with your local resource. If you would like to get more input from me please comment back, I will put you on my watch list.

Good Luck

Answer 4

Keep advocating for your child, and push until you are satisfied. Many states have advocacy groups, like PACER www.pacer.org
who will help you to understand education laws and your rights. You may be able to have your child qualified for services under an "OHI" label - "Other Health Impaired". You may also want to request a revision of the 504 plan, until you are satisfied with the plan, and that it is helping your child. Find someone in your area familiar with interpreting educational law, and read up on IDEA, if you haven't already done so. All children deserve the same level of education, no matter what their abilities or disabilities. Keep pushing - no one will advocate for your child like a parent. You may want to look into a one-on-one tutoring program, to help him stay on track as you work through the process. Educational testing through an outside agency may be helpful as well, and is often covered by insurance if you have a referral from a physician. Best of luck to you and your son. Hang in there!

Answer 5

I dealt with this....A LOT. If he does not qualify for special education (hard to qualify), you can get accomodations based on his "medical" disability. This is much easier to get and would be the same things that you would want for your child anyway. You need to ask for a 504 Plan. They are not going to tell you that, you have to ask for it. Check out www.wrightslaw.com, they have a lot information that I used to help me. Get an advocate if you can. They had free ones where I lived. It was a big fight and I never really got anything accomplished because we moved. I was fortunate that with the move, my child changed dramatically and started to get straight A's in high school, whereas he was failing last year in all subjects. He got all F's for 3rd and 4th quarters of 8th grade and did not go to school for the last three months (when we moved they wouldn't enroll him), and the previous school passed him. I still don't understand that, but he is doing much better now. If I had known about the 504 plan earlier, it would've helped a lot.

Answer 6

Your child is entitled to reasonable accomodations under the Americans wwith Disabilities Act. However, it is unclear whether the disability is affecting school performance. If the disability doesn't impact acaddemic performance, he's not entitled to accomodations; if it does, he is.

Twopoints, however. Firstt, many parents don't realize that "special education" and reasonable accomodations are not the same thing. Special ed usually involves special instruction, posibble seggregation into seperate classes, etc. That's fine if necessary, but in many (most) school systems special ed. is poorly funded and impplemented. Also, you want to avoid peing placed on a track for your child to get an IEP "diploma/certificate" in lieu of a high school diploma--they are not the same and an IEP certificate (they goe by different names in different schools) is all but worthless.

That's the caveat. But it does sound very much like (bering in mind this is a message board, I'm judgeing by experience) your child would benefit from a regular program of training in behhavior modification (i.e., self control management)--but should stay in regular classes, possibly with accomodations such as special testing conditions to avoid distractions, etc.

Also--while I agree there is definately a disability htere, the symptoms you listed DO NOT mathch a diagnosis ofADD/ADHD. I strongly suggest you do the following:
>Have your child re-evaluated--by independant medical professionals--and once that is done, by rehabilitation professionals to come up with a course of action. Contact your local Department of Vocational Rehabilitation.
>Be prepared to confront the school system--educate yourself and get in touch with advocacy groups. A good online resource for info on legal issues and your rights is wrightslaw.com
>Don't assume "special ed" is the way to go. In this case it may or may not be right for your child. The goal is to find the best combination of strategies that will help him.

Good luck!

Answer 7

That's the problem. For the school to provide services the child has to require it for him/her to be successful in the educational setting. It is not up to the school to provide programs for those that are successful in academics. We are having the same problem with my nephew. In fact, it sounds like you could be talki ng about him. He's currently in a detention center due to his problems. He is gifted but has other serious problems that do not effect his educational proformance. He is also on a 504 plan. I have told my brother to continually push the school to admit him into the EBD program (Emotional Behavioral Disabilities) but there is a grey area when it comes to certain disabilities. It might be with this newest problem you could insist on another meeting and push for services. In our system a little push from the parent is usually all that needs to happen. (We are a rural system)
Good luck. I wish I had more of an answer. Be a major advocate for your child and don't give up. Push, push, push. Another hint, use the phrase, "My lawyer suggested..." That works wonders here. They want to avoid lawsuits at all costs!

Answer 8

This is a hard question for me to answer based on the fact that I don't know where you live (as the rules may be different where you live)

I teach at a center for kids just like your son. We have outpatient treatment, day treatment and residential treatment. A lot of times the kids are sent there by the courts and schools. However we do have a hand full of students that are placed there at the request of their parents.

You need to get your self an advocate that will help your family navigate the waters. Also you need to put a plan in place as hard as this may be... that covers when your son should be Mental health arrested. If he runs from school what do they do?

Sadly the squeaky wheel gets the grease... you need to complain loudly, and often. If your son is constantly in for treatment they will eventually start to notice.

Talk to your sons doctor tell them what is going on. They can help to..

Sadly I live in Rochester NY and I am only aware of the laws and assistance that is available in my area...

I wish you luck

You are doing the right thing as hard as it may be.

Answer 9

My child originally didn't qualify for Special Education services because of a high IQ, but he is bi-polar and was finally allowed placement in an Emotionally Disturbed setting where he spent eight years. He finally got the help he needed. Is your son on any medication?

Answer 10

The criteria you listed are usually to diagnose an emotional disturbance. Make sure that, next to the criteria, there is a check or an X or a "yes" or "no"...if it is blank, then you're child does not meet the criteria...and more than likely did not qualify.

the 504 committee should provide some accomodations and modifications for your child.

Answer 11

Children have to have a learning disability tp qualify. There are many kids with mental disorders undiagnosed who perform well in school. Does your school have an emotionally disturbed classroom? These are usually self-contained.Check into it. Also as a parent you have to really stand up and demand what you want. I know this from being on both sides. With my own child the school did nothing until my child attacked his bully. Then they said we have a problem.