Help! School and IEP concern...

[at the beach]

First, I may delete some of this for privacy, so I'd kindly ask if you could not quote. Thanks.

 

My daughter had an evaluation at the public school this year and they drew up an IEP for her. She is 14 and going into 9th grade. They diagnosed her with HFA. Some of the academic/cognitive testing results were off IMO but that's another story. To give a bit of detail into that, I think she was anxious and nervous and did not exactly perform optimally. She also said when she was testing even though there was a do not disturb sign on the door, people kept knocking. Plus, I think with her HFA, some of the tests they used might not have been ideal for her. They were actually surprised I think at how well she was doing in some things. For example, they didn't even qualify her for OT services. She has had severe dysgraphia. The OT said that even though her "convergence" (I think that was the word she used) was very poor, each time she tested her handwriting, it was legible on four out of four times and she said she "couldn't believe it." I was fearful I would be viewed as someone who'd kept her from progressing but that didn't happen, so that was a relief. I have not used the school for any services since I pulled her out when she was 6. 

 

Her IEP says on it that she is to have co-taught classes but when I went to register her, the gc told me she would be in small group classes. I asked about co-taught, but he said they will start her off here and see how she does. At the IEP meeting I had, I was told she'd be in co-taught and then be in a resource class after that to support what was going on in the co-taught--IOW, she'd have two English and two math. But now they have her in all small classes for everything. I was annoyed by this because that's not what was said to me at the meeting a couple months ago. I am also concerned that they seem to want to start her off in a more restrictive environment as opposed to less restrictive. However, maybe I am overreacting? 

 

I am considering sending her to school because she wants to go--has become kind of obsessed with the idea of it. Not really something I had planned on doing with her yet, but I will consider it for her. However, I am not sure this is going to be good for her. My bigger worry is her future and I have this idea in my head they can help her with vocational programs, etc. I don't know if my perception is accurate. My friend's son was just released from special ed at school and is graduating and he can't get or hold a job in spite of all the interventions, etc. They'd had him in welding but she was told he just can't handle it. He'd gotten a temporary job at a restaurant but he was too rigid about certain things, so they are not hiring him. If they asked him to sweep the floor, he would say that he only did dishes--that sort of thing. My daughter is totally not like that, but my friend's comment to me got me wondering about some things. She said that her son has been in this safe bubble his whole life and now she is freaking out not knowing what to do because they are releasing him. 

 

Forgive my rambling. Hope someone can give me some insight into what I should make of this whole thing with the IEP saying co-taught and now them doing something else that's seeming more restrictive to me. As well, any thoughts on my ideas that school will help her vocationally? I am not really thinking they will do any more for her academically than I can at home but the structure might benefit her. She also does have the opportunity to participate in school sports and extracurriculars without being enrolled. Thanks. 

[dmmm]

If you are uncomfortable, then make yourself heard. If you have documentation or work of hers that shows the scores are off, then show it. If you think she should be a lesser restrictive environment, then start making phone calls.

[VinNY]

An IEP is a legal document. If her IEP says co-teaching ,then they need to provide that placement. If that school no longer provides co-teaching than they need to find that placement even if it has to be out of school district.What is the size of the more restrictive classroom, is it 15:1? 

[City Mouse]

An IEP is a legal document. If her IEP says co-teaching ,then they need to provide that placement. If that school no longer provides co-teaching than they need to find that placement even if it has to be out of school district.What is the size of the more restrictive classroom, is it 15:1?

If the IEP says Co-teach that is what they have to provide, or they have to change the IEP.

Have you called to check with the sped person. Sometimes the person that you take to at registration doesn't have a good understanding of Sped placements. Also, you may want to find out what exactly is the difference between small group classes and co-teach classes at that specific school. There can be slightly different variation among schools.

[geodob]

As you disagree with the evaluations, you are legally entitled to request an IEE (Independent Educational Evaluation).

This request is actually an advisement, as they must comply with a parents request.

Which a parent doesn't need to justify to them.

 

With an IEP, it is actually a legal document that a school must comply with.

But to make any changes, such as having her in small classes for everything?

This requires a formal process, as it is a revision of the IEP.

Which they need to firstly gain a parents consent to.

 

I'll add a link to WrightsLaw, which provides parents with a explanation of the legal rights of parents.

While IDEAa 2004 established parents as 'equal partners' in the IEP process.

It only becomes equal, when a parent knows legally established 'power', that a parent actually has.

 

http://www.wrightslaw.com/

 

[at the beach]

Thanks for the replies. I had shown them her work when we did the MFE. I also had them give me examples of things she missed on her assessments, which I realized she could easily do at home. I did tell them this, but I figured that when she went (if she went) they would see her performance. The school does have co-taught classes and they also have resource rooms. I think the small class settings probably have 10 or less students. I think the gc was emailing with the sped teacher. I guess I was thrown off by the change without any notice to me. After we did the IEP mtg, because I wasn't enrolling her right then for this year, I was required to say I was at that point refusing services. We will have an IEP meeting within a month of her starting school to adjust the current IEP. But I was just thrown off by the change in setting from what was written on my copy of the IEP. I guess I do need to ask them why there has been a change. I initially felt good about the co-taught because they were going to have her in co-taught AND have her in the small group for reinforcement of what is being taught in the co-taught. In co-taught, there are probably 25 kids with 2 teachers. So she would have had two classes if that makes sense. Now they are just giving her the more restrictive it seems, their thought being (I think) that if she does okay here, they can move her up as opposed to going from less restrictive to more if need be. Any more thoughts are welcome.

[SandyKC]

Do you have a copy of the actual IEP?? You are legally supposed to have one an you should be able to look at it and see what it says.  Additionally, as you seem already to know, the placement is supposed to be the "least restrictive environment" from the legal end of things.

 

Have you read, "From Emotions to Advocacy" or visited FETAweb.org?  I HIGHLY recommend one or both of those as well as Wrightslaw.com to arm yourself with information about how to advocate well for your child and not let the school do things they are NOT supposed to do--like change a placement after one was agreed upon with you.  They cannot legally, unilaterally, make a change in the placement without another IEP meeting. 

 

One of the BEST articles I read about advocating was "Play Hearts Not Poker". 

 

Schools DO play games with parents who don't know their rights and their child's rights, so it is good that you are aware, concerned, and willing to advocate for your DD.  BEST of LUCK to you with the upcoming year!

[at the beach]

Do you have a copy of the actual IEP?? You are legally supposed to have one an you should be able to look at it and see what it says.  Additionally, as you seem already to know, the placement is supposed to be the "least restrictive environment" from the legal end of things.

 

Have you read, "From Emotions to Advocacy" or visited FETAweb.org?  I HIGHLY recommend one or both of those as well as Wrightslaw.com to arm yourself with information about how to advocate well for your child and not let the school do things they are NOT supposed to do--like change a placement after one was agreed upon with you.  They cannot legally, unilaterally, make a change in the placement without another IEP meeting. 

 

One of the BEST articles I read about advocating was "Play Hearts Not Poker". 

 

Schools DO play games with parents who don't know their rights and their child's rights, so it is good that you are aware, concerned, and willing to advocate for your DD.  BEST of LUCK to you with the upcoming year!

Thank you! I do have a copy of the IEP, and I looked at it yesterday because I thought maybe it said co-taught OR small group, but it didn't. It said co-taught. When she shadowed, she did the co-taught and small group. When they wrote up the IEP, they were aware of her testing results, so they obviously took that into account I would think. I get that with ASD a large group might seem overwhelming to her, but she seemed to do fine with it. I think the reason they are working around this is because right now the IEP isn't in effect and according to the gc, they want to see how she does and give her lots of support with the small group. But part of me wonders if that's easier for them. We would meet within 30 days of her starting school. So, technically, they may be within what they are supposed to do, but I think it would have been better had they explained it to me or something, not just said this is what we're doing… I will check out the links you shared. Thank you. 

[SandyKC]

Thank you! I do have a copy of the IEP, and I looked at it yesterday because I thought maybe it said co-taught OR small group, but it didn't. It said co-taught. When she shadowed, she did the co-taught and small group. When they wrote up the IEP, they were aware of her testing results, so they obviously took that into account I would think. I get that with ASD a large group might seem overwhelming to her, but she seemed to do fine with it. I think the reason they are working around this is because right now the IEP isn't in effect and according to the gc, they want to see how she does and give her lots of support with the small group. But part of me wonders if that's easier for them. We would meet within 30 days of her starting school. So, technically, they may be within what they are supposed to do, but I think it would have been better had they explained it to me or something, not just said this is what we're doing… I will check out the links you shared. Thank you. 

 

Just a heads up to keep an eye on your district!  "They" shouldn't write the IEP.. It is supposed to be a collaborative document created IN an IEP meeting WITH you and parents are supposed to have a EQUAL role in determining a child's educational program.  I stress those words because it is a common thing for schools to act like the "dictators" of a child's educational program and they TELL the parents what they are going to do.  Legally, it is never supposed to be that way and the Federal IDEA laws are very clear on the fact that parents are supposed to have an equal say and their input is supposed to be given weight in the decision making.

 

The IEP is in effect when it is written and agreed upon--and you've signed it.  Have you signed it? If so, it's in effect.  If you haven't signed it, the school cannot change the placement of your child from her "current" placement. 

 

That said, if her IEP says she will be co-taught, that is what the school is legally supposed to do and they are not supposed to change her placement to a small group without an IEP meeting to CHANGE her placement and WITH YOUR consent to change her placement. 

 

You are fully within your rights to write to them and say, "The IEP says she will be in a co-taught environment.  That is the least restrictive environment, therefore I expect my daughter to be placed in the co-taught environment as specified in her IEP from the very first day of the school year forward."

 

You can keep it straight-forward and factual--stating just the facts to keep the emotions out of it.  It may be that they don't have a co-teaching person lined up (yet) for next year or something similar, but that doesn't mean they can legally just change your child's placement to what they have readily available.  You all agreed on co-taught, therefore your DD is supposed to be in a co-taught class.

 

I say to keep an eye on your school because if THEY wrote the IEP and handed it to you, they obviously did not include you in the process of writing it.  Given the GC is telling you the IEP isn't in effect yet--If it is written to say her placement for next school year is "Co-Taught" -- There is NO legal basis for putting your DD in another placement and then meeting in 30 days to say the more restrictive environment is working.  They are legally supposed to START her in the placement specified in her IEP, which is in fact the least restrictive placement, and **IF** that is not working, they can call an IEP meeting with you to determine if a MORE restrictive placement will work better.

 

The goal in IDEA is to keep a child in the least restrictive environment that will allow meaningful academic progress.  It's up to you whether you let them "get away" with placing her more restrictively, but it is likely they would then--30 days out, tell you this small group placement is working so they want to keep her there.  They would then modify the IEP for a more restrictive placement and it will be more difficult then to shift to a less restrictive environment.

 

It seems that the school is not fully following the Intent of and legal requirements within IDEA in developing and following your DD's IEP.  They may be banking on the fact that you're niave about IEPs and IDEA so they figure they can do what suits them rather than what YOU think is best.  While neither parent nor school can fully dictate the IEP, it is supposed to be a collaborative, mutually agreed upon plan for your child where you have equal say with the school. ;-)

 

If I seem a little "intense" about this... OH MY!  If you only knew our history and our battles and the games our school played with us and my naivety at the time, and ALL of the ways I've seen schools manipulate parents since my Advocacy training... Schools will bowl over parents if given the leeway to do so, and it generally only gets worse once a school has "gotten away" with breaking the IDEA laws.  If a parent doesn't know her rights or the laws.. the school WILL dictate and as a parent, you lose any sense of having a voice in your child's education once that happens.  I've just had so much BTDT, that I always encourage parents embarking on the special ed journey to arm themselves with knowledge and read everything you can on Wrightslaw.com and FETAweb.org.   From Emotions to Advocacy is one of the most helpful books I read and I can't recommend it strongly enough. ;-)

[at the beach]

Thank you, Sandy! I appreciate your input. We did have several meetings where I participated, so I don't think I made it clear that I did participate. They gave me a draft ahead of time. They were very supportive through the whole thing. I had asked about classroom setting and her potential schedule at the meeting where we signed the IEP, which is why when I went in now to see gc about setting up a potential schedule, I was surprised by the change. Yes, I've signed the page that says I participated in preparing the IEP. It also clearly says the classroom environment is co-taught and something called "block" which is what I think they had explained as co-taught and an additional resource room to reinforce what was done in the co-taught room. This is a very large district and they definitely have co-taught classes, no issue there. I wonder if it costs more to have her in the co-taught and resource room vs just putting her in small group classes? If they thought it would be less overwhelming for her due to being on the spectrum, I still don't quite get why they didn't say that at the meeting. I will read From Emotions to Advocacy. I will also follow up with the special ed. teacher, who had participated in the meeting. 

 

[Tokyomarie]

At the beach, I just wrote a post that got eaten by my browser and I don't have time to write it again, but I just wanted to second Sandy's recommendation to read From Emotions to Advocacy. That book plus browsing the Wrightslaw website helped me when I was advocating for my son who entered school after homeschooling K-10. It helped me to keep my interactions with the school in the realm of polite but firm persistence.

 

It sounds like you were fortunate in getting to the point of a completed IEP document before things started to go awry. Hopefully, the situation can be resolved without too much difficulty, but it is important for the school to understand that you want to make sure the law is followed. You want your daughter to be supported in the environment where she is most likely to be successful with the academic and social growth stimulation presented without becoming too overwhelmed to function. If the school determined that a co-taught classroom with resource support is the right way to make that happen, they need to present clear and convincing evidence for their reasons as to why they now believe this is not the right placement. And they need to not change the placement without reconvening the IEP team.

[at the beach]

Thanks, Marie. I agree with your thoughts, they need to explain why they are shifting to a more restrictive setting. I would have to believe they know they are not supposed to do that, but who knows? I will definitely get the book From Emotions to Advocacy. Can I ask why you sent your son back to school after 10th grade, and how it has worked out? You can pm me if you want. Thanks again for your thoughts.