My child did not quailify for an IEP. What can we do?

Question

We, as parents, disagree with the results. The school says they can't help my child because she scored in the average range on the evaluations they gave her. But she is failing all of her classes and has a note from our therapist stating that she has several learning dissabilities. What can we do to counteract the desicions of the school? Can my daughter still quailify for special ed. (ps. we live in So. California)

Answer 1

There is a legal step by step process that schools and parents must follow regarding special ed. Most parents don't know this, and MOST schools will NOT do this. Sorry to say, special ed is corrupt all over the country. You will have to learn the special ed laws and your rights and FIGHT every step of the way.

First thing to do is write to the district special ed director and request 'prior written notice' of their refusal of special ed help. By IDEA law they are to give this to you. They are to have legal reasons for their decisions and if they don't, they will either 1) 'magically' say your child qualifies for sped help becuase they will NOT put illegal reasons in writing in the PWN, or 2) they will NOT give you the PWN at all. In this case, you will then file formal state complaint and state will make them give you PWN. At this point, if they don't have 'legal' reasons for their decision of refusing sped help, they will 'magically' say child can qualify because they will NOT let state find out they made their decision illegally.

Next thing to do is write a letter to district sped director requesting IEE 'individual educational evaluation at public expense because I disagree with the districts evaluation'. This request HAS to be made in writing.

You have to write it in this phrase to be considered 'legal' and they can't get out of it or ignore you without you being able to legally counteract this.

By IDEA law you have a right to request this outside eval. What will happen is, YOU choose any doctor you want to have the eval done again and the school will pay for it. Then, these results will be used by the IEP team (you and school) to determine if child can qualify for sped help. By law you do NOT have to give a reason for asking for this IEE, only state that you disagree with the districts evaluation.

At this point schools will say--
1) we have to have a meeting first to discuss this (not true. Not legally required. They have meetings to talk you out of wanting this IEE eval) You can decline the meeting and they can't do a thing about it

2)they will say THEY have to choose the doctor (not true)
3)they will say you have to choose a doctor from THEIR list (not true)
4)they will say you will have to pay for eval and they will reimburse, and/or you will have to pay for part of the eval (not true)

When you request this IEE eval, schools will have ONLY 2 choices in the matter--
1)agree and pay for it
2) file due process hearing to prove their own eval is sufficient.

I've NEVER heard of a school who will file due process. (duh, wonder why? LOL)

Some schools will not reply to you at all, will say they refuse to do it, etc. If they do anything other than the 2 choices above, you then file formal state complaint.

Go to www.wrightslaw.com and www.reedmartin.com and learn all you can about your rights and the federal sped laws called IDEA 'individuals with disabilities education act'.

Start doing everything in WRITING when it comes to the school. Even if you get phone calls from them, talking in the hall, whatever. Keep a written record of everything that is said and done. This is the MOST important thing when it comes to getting your child help thru special ed. The reason is, MOST schools will fight like crazy to not help children in special ed, and all the things you write down will be PROOF the child DOES need help.

Start making copies of ALL schoolwork child brings home, and make copies of all homework. Write a letter to principal requesting to go in and look at ALL your childs educational records and make copies of ALL of them, per your right under FERPA laws. When you make this written request, (date it) they will have 45 days from the date of your request to let you come in and do this. Do NOT let them make the copies and give them to you. You have to go in yourself and look at everything yourself. Most times they will say 'we will make copies for you and mail them to you'

Yea right. Lots of things will be 'missing' and you will NOT see every record your child has. Getting copies of all records will be surprising, and in most cases will help you in proving your child needs help thru special ed.

Go to www.schwablearning.org and sign up for free on their parent to parent message board. LOTS of great people there will help you. It's the BEST place for this type of help.

Answer 2

Without knowing the specifics of your daughter's evaluation or situation, I can only offer generalities.

Does she have a separate evaluation done by an outside agency which states that she has specific learning disabilities? Just a note from the therapist is not enough. It must be an independent evaluation. In some cases, the school must pay for it if the parents disagree with the results of the evaluation done by the school but this is very hard to get.

After you obtain this evaluation, go to the school and ask for another meeting. IF they still don't agree that your child needs/qualifies for special education services, than you can ask to go to arbitration/mediation. This is "like" a special court which will decide what is to be done. At this point you should seriously consider hiring a disability advocate because the laws and state regulations are tricky.

Meanwhile, keep documentation of all papers the school sends you and your own notes on conferences. Does the school tell you why your daughter is failing all of her classes if she does not have specific learning disabilities? What are they doing to help her succeed? If they tell you to work with her at home, ask for specific things to do, ask them to communicate with you in writing, and then follow those recommendations. What you want to do is to show that you are doing everything that the school asks or recommends.

Good luck.

Answer 3

I believe that there is something called a 504 plan. This is another federal program that when requested can act in some ways like an IEP in that it can allow you to require the school to provide some accommodations.

Of course, this does not allow her to attend Special Education classes. Although, if you have had her independently tested and can provide a copy of the testing, I do not think they can refuse an IEP. But it must be an official test and not a note. There are places that do this kind of testing, but it can be expensive. However, if you firmly believe that your child should be in Special Ed. then it is worth it.

A third option might be a charter school. There are some that cater to Special Education children but cannot refuse "regular" children as they are partially funded by the State. This way your child could get the benefits of both worlds.

Good Luck!

Answer 4

I live in PA so not sure what is the same but I am a sped teacher. We have students that have a 504 plan. they dont get special services but they qualify for Title one services. That is only one step up. You should also ask the school dist for a copy of their procedural safe guards. We have to give that paper to parents at every IEP meeting. It is a thick collection of papers that tells the parents their rights and where they can go for help if they are not satisfied with the school. I would also let the dist know you are talking to a lawyer. Lawsuits may change their mind. If you paid for a private doc to evaluate your child and they found your child to be in need of special services I would say you do have a legal case. To qualify for services your child needs to have a difference between their ability level and performance level. Since your doc has already identified LD's I think the school will have to help you.

Good luck~
Wanda

Answer 5

First and foremost, if you have not spoken with the school staff that gave the test, do so. Make sure your thoughts and objections are clear as day. Then, go to the school board if need be. Secondly, I dont have an official degree yet, but I am disabled and have had to deal with these issues my entire life so I hope you will at the least consider what I have to say.

Until your daughter gets the help she more likly than not needs through the school consider the following:

Make learning a positive experience for your daughter. Have a system set up for completing school work and getting good grades where she is rewarded for those actions.

go over your daughters work for acuracy before she puts her books away for the night. Encourage her when it is correct. Support her when it is not. Then help her fix it if it is math or something where she could do extra, have her do a few extra problems with you there to make sure she truly understands.

Find an activity that your daughter is very interested in and use that as leverage if drive to do work becomes a problem. For me that was music, for her it could be sports or shopping or any number of things. This activity could also serve as one of the awards she recieves for her good work.

Be in regular contact with her teacher(s) to make sure you're not getting scammed. I did it to my parents all the time. "yes I've got all my work done" riiight... then i got caught. if this does happen. use positive reenforcment to remedy the situation.

On a more personal note...
I was diagnosed with a few different types of learning disabilities when I was younger. My real issues were my peers, (I have Cerebral Palsy and it takes me a long time to do some simple things, and i wanted to be out playing like the rest of them) inability to focus bec. of environment, (other children finished quicker so I stoped in order to fit in)boredom (if i wasn't interested in the work i didnt want to do it), eyesite (i recently found that my eyes were 20/20 but were weak which made reading anything a VERY long process. now with the help of glasses I have trippled the amount I can read and thusly feel like reading more. . Look for these things before you allow your duaghter to be labled or medicated. Kids are too easily labled now a days. Sometimes a simple change can do wonders.

talk with your daughter see if shes having emotional struggles that could be the cause of failing grades.

Hope that helps!

Answer 6

Absolutely. Please do not sign the Notice of Recommendation for Education Placement (NOREP). If you have met with the school already and have signed the document, you need to write a letter requesting an "independent evalution". This is done by an outside source and your school district pays for this. Both you and the school district need to agree upon the person who will complete the evalution. A child can still be in average range and qualify for learning disability or other health impairments. If your child is two or more years behind in math or reading, he or she can qualify for an IEP. Review scores the schools give each year or every other year such as the IOWA's, California's assessment tests, Teranova's.
Best of Luck

Answer 7

If you disagree, first of all reject the IEP. If you have had outside testing done, bring it to the team leader. The team will then have 10 school days to review the evaluations and then they will reconvene the team. The results will be reviewed and elligibility will be redetermined. If she still does not qualify, she may be able to have a 504 plan written. That is a plan that does not establish special education services but sets up modifications that may help your child learn. If you have a rejected IEP, it should go to mediation with a mediator, the SPED staff and you. You can also hire an advocate to help you with this process. If it goes beyond mediation, the next step is a hearing in front of the state's hearing officer.

Answer 8

I would need more information to provide an adequate answer. What evaluations or assessments has your child's therapist given her? What assessments did the school give her? You may be able to appeal the findings of the schools tests, but it will be an uphill battle. I'm in So-Cal as well and usually we see parents in denial of learning disabilities. If you show results of an assessment given by a qualified individual and which is designed for people in your daughter's age group, etc. it could be grounds for an appeal of the districts test results and she could be re-assessed.

*EDIT* Looks like meridocbrandybuck beat me to it by a few seconds but we're both pretty much on the same page. lol

Answer 9

Just a note or letter from a therapist isn't enough. Take her to get your own independent testing done with at least two to three doctors if you can. She may score average on the tests-but some kids can do well on tests. The DR doing the testing can determine that and if she really needs the special assistance.

Answer 10

You can ask for an IEE or Indepent Education Evaluation. You may have to pay for it initially but if they find in your favor the school will have to pay. I would also call your local Department of Public Instruction and file for mediation or a due process hearing. If they school has been "flagged" for doing this in the past without basis or justification they are more likely to find in your favor.You can also get an advocate to work with you However do not get a parent liason that works with the school. Get one that works FOR the parent. you could also contact the local disability rights chapter in your area for information. They may be able to help you. Good luck!

Answer 11

You can pay for another evaluation if you disagree with the result. Have a different test evaluator. Ask for an appeal. The note from your therapist states she has ADHD? If child has ADHD, it will not make her qualify. Possible 504. She can still be refer to a SAT (Student assistance team) for help.