ADHD Math Disorder what can i do to get my son's school to set up an IEP for him?

Question

My 13 year old son (7th grader) has ADHD, math disorder, Generalized Anxiety, mild executive dysfunction and disruptive behavior disorder. He was tested 4 years ago and again this year. The first time he was tested (4 years ago) I requested an IEP meeting ( which was a recommendation from the psychologist who preformed the testing) at his school. I was told by the school psychologist that the school dist did not accept outside evaluations and that the school dist would have to request the testing if they felt it was necessary, which of course they did not. He also told me I had to make arrangements with his teacher(s) to get him any help because he doesn’t qualify for an IEP.

I guess I was lucky because after talking with his teachers at the beginning of 4th, 5th and 6th grade, he was placed in the “slower” math class and he managed to get Cs and Bs.

Now that he is in middle school, his math grades are back to Fs, and his other grades that use to be As and Bs and now Ds and Fs also. I had him retested to see where he was at. He is still 2 grade levels behind in his math. But when talking with the psychologist, she informed me that the school dist does accept outside testing and if they retested him, their test would be invalid. Now I am back at square one, I was informed by his school counselor that we could have an IEP meeting but since my son’s IQ (full scale IQ 106, 66th percentile) is above average he probably not qualify for special education. This counselor has a copy of the evaluation, that once again recommends that an IEP is set up to address my son’s ADHA, Math disorder ( broad math 88, 22nd percentile, 5th grade) and Anxiety.

Why would a psychologist make these recommendations if my son did not need them.

His testing also indicates that he has difficulties isolated to the visual modality (Wraml-2 finger windows, 1st percentile, CTMT total, 1st percentile, WISC-III mazes 16th percentile), and this doesn’t qualify him for an IEP?

I am dumbfounded and am amazed that if a clinical psychologist has diagnosed a child with these learning disabilities and makes recommendations to have an IEP set up to address these disabilities, a school dist can say he wouldn’t qualify for an IEP?

I am frustrated with the BS I am getting from the school dist and need to know what if anything I can do to get my son the help he needs. I am a single mother with very low income.

Answer 1

Although many of the things that Nana said were accurate, she failed to recognize that if your child is having such severe behavioral difficulties that it impacts his learning process then he needs to be evaluated and an IEP should be conducted by the school.  The rules for evaluation vary by state but there are Federal regulations that every district must abide by when it comes to handling children with diagnosed disabilities.

In addition, Nana referred to a behavior plan but in many cases these plans are implemented in conjunction with an IEP.

You specifically addressed that fact that you were denied a ESE evaluation based on your son’s IQ score, which in itself suggests that your son’s school may not be well informed on the ESE system.  This in itself is not unusual because I have discovered that educational professionals outside the ESE system are clueless when it comes to special education.

School systems vary but I the standard protocol is to go up the chain of command and keep accurate notes of every discussion that you have with a school employee. If you do not get a resolution at the school level then you need to contact your district offices.

For someone to suggest that a clinical psychologist only made a diagnosis so that an insurance company can be billed is not only irresponsible but insulting to an entire profession that is dedicated to mental health.  Consider this analogy, if you have a headache and you see a neurologist (brain doctor) who determines that the cause of the headache is an untreated tooth infection and recommends that you see a dentist, can the dentist say he won’t even see you to evaluate the infection because the recommendation came from a neurologist? That would not only be reckless but if you suffered severe consequences as a result of not being seen by the dentist, you would have grounds to take legal action.

I applaud your interest in making sure that your son receives a quality education.  Continue to be proactive in your fight.

Answer 2

Wow ! What state are you in ? I am a special education teacher in NJ with 12 years experience and I can't believe the nonsense they are feeding you. The school counselor that told you that your son would not qualify for special ed based on his IQ should be fired on the spot. There are a whole host of issues that would qualify your son for special ed that have absolutely nothing to do with his IQ. I could go into a whole bunch of other things , but your best bet is to threaten them with legal action. Nothing gets a public school district to change their tune quicker than that. If they don't fall for that, hire an attorney that specializes in school law. Good luck !

Answer 3

To have an IEP you need to have medical data to support. Not just a psychologist.

However, I am a special ed teacher and I would never deny a parent like this. It is possible he wouldn't qualify for an IEP but that doesn't mean they can't still offer services to help him out. If this continues I would demand to talk to the principal and tell them you are willing to bring in a lawyer!

Good luck!

Answer 4

Clinical Psychologist often render diagnosis from the DSM IV-tr manual which is not consistent with the rules and regulations school systems must abide by according to current state law and regulations.

The DSM is set-up for insurance reimbursement. School

systems must abide by a complex set of procedures for identification for Special Education which is necessary for your child to have an IEP.

Typically school systems must review the results from an evaluation but do not have to accept them. School Psychologists are typically more in the know of what is required by their state. A reasonable option would be giving  consideration to consultation with a School Psychologist outside of your school system. Even with an outside eval, the school system has the legal right to conduct their own eval.

As I review the diagnosis provided it appears as though your child experiences significant behavioral difficulties. Sometimes problems with math can be directly associated with problems with attention and and general disruptive behavior problems. A student must focus in math and progress through the building blocks of math computation for progress. Behavior problems can impede the focus and impede acquisition of math skills.

Have you consulted your physician regarding medical management options? This is a reasonable consideration but not mandatory.

As a single mother do you have enough support to supervise your child with homework? If not, are there community services such as the Boys and Girls club to assist you?

Are you willing to address behavior problems with your child?

Behavior plans are best implemented and successful with school, student, and parent are involved and consistently abide by the plan.

If your child does not meet certification requirements for special education according to your state rules and regs then your child is not eligible for an IEP. Again, a clinical psychologist may not be the best person to consult.

Consider this as an analogy. If you have a stomach problem do you go to a podiatrist (foot doctor)? If you have a kidney infection do you go to a neurologist (brain doctor)?

If you have a problem with your childs education go to the right specialist within the genre and that would be a School Psychologist, not a clinical Psychologist.

Good Luck to you.

Answer 5

As usual, another school VIOLATING FEDERAL LAWS.

This is normal all over the USA.

First of all you have to learn the laws that mandate IEP (special ed)  it is called IDEA 'individuals with disabilitites education act'

The best site for this is www.wrightslaw.com

The school and the parent has to follow a specific process to see if the child qualifies for special ed.

And OF COURSE the school did not follow it.

THe best thing to do now is to start all over at the beginning. Since the school did not follow the legal process, EVERYTHING that has been done and said up to this point is 'null and void' like it didn't even happen.

THe first step is to write a letter to the district sped director and request 'an initial full educational evaluation testing in all areas of suspected disabilties to determine if my child can qualify for special ed servcies as specified by IDEA law.'

When you write these exact words, they can NOT refuse to do this eval. If they do there is more you can do.

They have really lied to you, so you will have to expect more of the same thru this whole process.

Unfortunately most schools are corrupt with special ed. When you do win the fight of having the eval done, having the child to qualify for help,,

Then you have to go thru every year the child is in school fighting to get the school to do what they are suppose to to help the child.

The school can not say a child can not qualify for special ed without first doing the evaluation that determines this.

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

Answer 6

After your son was tested, were you part of the team making the decision deciding if he qualified? The school district must let you be part of the team who decides if he is eligible or not, it is part of IDEA Part B, which is a federal law (link below to it). They also have to take into consideration any evaluations and information provided by the parent(s),( included with the info about you being part of the deciding team).. If you do not agree with the evaluation given by the school you can request an Independent Educational Evaluation (IEE), the school has to pay for it. You can also look into a impartial due process hearing. You should have received a copy of procedural safeguards from the school prior to him being evaluated, it should explain in there about due process complaint notice and impartial due process hearing...if not I have left a link about procedural safeguards listed at IDEA. If he is not found eligible for an IEP, request a 504 Plan so he can still receive the help he needs..basically so kids in a regular class setting can get help with special needs, both are legal documents. That way he'll be able to receive accommodations to help him with his math issue. (leaving a link about accommodations according to student characteristics)..these accommodations must also be taking into consideration when being evaluated for special ed (IEP), if in need of use of accommodations they must be included on either the 504 Plan or his IEP.

Answer 7

They are breaking the law in so many ways. You need a good lawyer. See if there is an advocacy group for children with learning disabilities in your area. They might be able to help. When they have the meeting they have to consider the outside evals, and you may bring anyone you want with you. The fact that there is such a discrepancy between his IQ and his achievement is a red flag. Either the school psychologist is lying or he or she has learning problems.

Answer 8

hi there.

I am sorry, but I do not have the answer to your question.  But after reading your post I was wondering if you would mind answering some questions for me?  I am in my Final Student Teaching at CSUF in CA and need to conduct an interview with a parent of a child with a disability.  If not, I understand.  Thank you for your time,

ali