Can services on an IEP be modified due to inadequate academic progress on state testing?

Question

We are in IL and my son in an out of district school placement. He has only gained one year of progress on academic testing in 4 years, despite superior IQ score. I would like to request a different placement or at the least a computer aided cirriculumn so he can gain progress in the areas he excels, and have visual aid in the areas he needs help, and also for accountability and to assess progress and his difficulties. Can I do this just on the basis of him being academically behind? Even though it's not an IEP goal?

We had a meeting 3 months ago. I expressed my concerns about his academic progress, as I have at our past 2 meetings. At the last meeting his own teacher thought he was in 6th rather than 7th grade and about 1 month later his grade card promoted him to 7th grade rather than 8th. I raised my concerns then too. I am concerned that the staff can't be teaching him properly if they don't even know his grade level. I have also noticed he is repeating work from the last 3 years. We are in a big mess and I am just trying to get out of it!!!

One more thing, he has Asperger's and was placed in an ED school after reacting to a new school environment that was not appropriate. The district is lacking any knowledge of how to educate AS children so I reluctantly let him be placed there to avoid further emotional trauma. THis was after an exhaustive search for other services or placements in our region.

Answer 1

These are some bits and pieces from the US Dept of Education IEP Guide..hope it helps.

Participation in state and district-wide tests:

Most states and districts give achievement tests to children in certain grades or age groups. The IEP must state what modifications in the administration of these tests the child will need. If a test is not appropriate for the child, the IEP must state why the test is not appropriate and how the child will be tested instead.

Special education and related services:

The IEP must list the special education and related services to be provided to the child or on behalf of the child. This includes supplementary aids and services that the child needs. It also includes modifications (changes) to the program or supports for school personnel-such as training or professional development-that will be provided to assist the child.


Reviewig/Revising IEP:

The IEP team must review the child's IEP at least once a year. One purpose of this review is to see whether the child is achieving his or her annual goals. The team must revise the child's individualized education program, if necessary, to address:

~the child's progress or lack of expected progress toward the annual goals and in the general curriculum;

~information gathered through any reevaluation of the child;

~information about the child that the parents share;

~information about the child that the school shares (for example, insights from the teacher based on his or her observation of the child or the child's classwork);

~the child's anticipated needs; or

~other matters.

Although the IDEA requires this IEP review at least once a year, in fact the team may review and revise the IEP more often. Either the parents or the school can ask to hold an IEP meeting to revise the child's IEP. For example, the child may not be making progress toward his or her IEP goals, and his or her teacher or parents may become concerned. On the other hand, the child may have met most or all of the goals in the IEP, and new ones need to be written. In either case, the IEP team would meet to revise the IEP.

When the IEP team is meeting to conduct a review of the child’s IEP and, as necessary, to revise it, members must again consider all of the factors:

~the child’s strengths,
~the parents’ ideas for enhancing their child’s education,
~the results of recent evaluations or reevaluations, and
~how the child has done on state and district-wide tests.

Depending on the needs of the child, the IEP team needs to consider what the law calls special factors as well. One of these special factors include the IEP team must always consider the child’s need for assistive technology devices or services.

If you do not agree with the school or the IEP:

There are times when parents may not agree with the school's recommendations about their child's education. Under the law, parents have the right to challenge decisions about their child's eligibility, evaluation, placement, and the services that the school provides to the child. If parents disagree with the school's actions-or refusal to take action-in these matters, they have the right to pursue a number of options. They may do the following:

~Try to reach an agreement. Parents can talk with school officials about their concerns and try to reach an agreement. Sometimes the agreement can be temporary. For example, the parents and school can agree to try a plan of instruction or a placement for a certain period of time and see how the student does.

~Ask for mediation. During mediation, the parents and school sit down with someone who is not involved in the disagreement and try to reach an agreement. The school may offer mediation, if it is available as an option for resolving disputes prior to due process.

~Ask for due process. During a due process hearing, the parents and school personnel appear before an impartial hearing officer and present their sides of the story. The hearing officer decides how to solve the problem. (Note: Mediation must be available at least at the time a due process hearing is requested.)

~File a complaint with the state education agency. To file a complaint, generally parents write directly to the SEA and say what part of IDEA they believe the school has violated. The agency must resolve the complaint within 60 calendar days. An extension of that time limit is permitted only if exceptional circumstances exist with respect to the complaint.

Answer 2

Obviously the services your child is receiving are inadequate. Call an IEP and demand more services for your child. Review your parent's rights booklet so you know what to do if you don't agree with what is decided.

The school decides curriculum, not the IEP committee. Instead, ask for an assertive technology trial to see if that can become a part of his new IEP. There will have to be a writing goal so that they can say that there is educational relevance. This takes around six weeks, so I would call an IEP as soon as possible.

If the Assertive Technology trial is successful, in other words your son uses the computer educationally, the IEP committee will write computer use into the IEP. You can discuss available computer programs from your school's curriculum specialist.

Answer 3

IEP's are modified yearly, so if making progress on standardized/academic testing has not been a goal, you may certainly request a meeting to discuss this as an addition, along with the possible adaptation and supports that may be needed to obtain it. Keep in mind howeverm that if your child is in a special ed program (and not on the education track for a regular diploma instead of a special ed certificate) you may have a tough time of it. IQ and testing do not always go hand in hand (as you know) . You should get quarterly reports that discuss his progress in all IEP goals. Depending on what his needs are and the reason for the placement on an IEP, it may be that using standartd academic scorings and goals are not applicable and that, for his needs, he is not considered behind. The only way to get answers however is to request a meeting to discuss modifications to the IEP.

Answer 4

Help out has a lot of good ideas but there is one thing that no one has said in all of this if the school system can not provide what you child needs and there is no way for the services that he needs to be met in the school than they have to arrange for someone to provide those services out side of the school. IF you son can't catch up with the other children during school and they can't make special accommodations for him than they have to provide him with a tutor to either come to the house or for you to go to them and the school board pays for it. In fact the school board has to make sure that you can get there. Because I'm disabled when I had to take my daughter out of the school system for OT they paid for a cab to come and pick us up and bring us back twice a week for the whole school year until they got an OT at her school. They also have to provide the service if for some reason you aren't' happy with what's being provided at the school. Also don't base everything on the state tests, My daughter has a high IQ and she was a honor student last year and almost failed the test because she does not test well so we don't promote her on the basis of her state tests. If you son has that many issues does he have a modification on his promotion criteria? You also don't say how old your son is. My daughter is in high school now so her promotion criteria has changed but when she was in grammar and junior high it was different on her IEP according to the progress that she made on her IEP. Request a new IEP evaluation and talk to the HEAD of special educations service at the school district if you can't get what you want from the school. When you were looking for schools did you go to your state's VESID web site to see what schools they would pay for that fit your son's needs?? IF you didn't try that you might find a school you didn't even know existed.

Answer 5

Here in the state of PA you need reevaluation to change placement unless all team members are in agreement. Which in our district rarely happens. I would think your son not making progress in a few years is means for a reeval. You also can modify an IEP three times a year here before you need to have a new IEP meeting. You may want to start reading the federal laws under IDEA. The wrightslaw website is very beneficial.

Answer 6

If you have academic concerns with your son, you should request an addendum to his last evaluation report. See if they're able to test him in the academic area and hopefully find that he's deficiant in a certain area. Then they can write academics into his goals. If they're not willing to do this, try to request that an independent evaluation is done. I"m surprised his other teachers haven't requested a re-eval. They seem to have noticed that he's lagging behind in his academics. Obviously they need to 'tweak' your son's IEP. You may also want to list the aid of an advocate. To you have an ARC agency in your area?

Answer 7

I think there is something wrong with this picture. Individualized educational plans (IEP'S ) are just that, individualized. If you have a physician's order and or a supporting diagnoses for a disease or condition, I believe they MUST provide services. Of course, CP, Hypotonia, etc do require physical and occupational therapies. Why would these not be educationally related? She does not leave her CP, Hypotonia, and Optic nerve hypoplasia at the door of the school, when she enters. Public schools are required by law to accommodate the health needs of students or you can seek redress. Contact the doctor and get him or her to provide a brief written statement. Additionally, contact your State Department of Education and talk with them about this. Chronically ill children with medical problems cannot be denied services. I think someone is feeding you a line of bull! Make them cite the law to you word by word!

Answer 8

IEP's should be modified yearly, to see if goals have been met or not. If you have not had a recent IEP meeting request one and then you can request the use of a computer to enhance learning. If the school will not cooperate then talk to the school board.

Answer 9

You can request a meeting w/ the IEP team and modify accordingly.
You can have accomodations that are not goals, accomodations can be made to help the child reach the goals.
Also, try to find an advocate that can help you!

Answer 10

yes iep's are modified yearly but you as a parent have the right to call an IEP meeting anytime you feel it is neccessary and you have the right to have them add this as a goal they should have told you this at every meeting and you should recieve updates on his progress at the end of every quater