IEPs and School's you have to fight to get it done?

Question

I have an 11 year old son, 12 next month, who was diagnoised with ADHD at age 4. Years have passed, school's more difficult for him. He's currently and has been since the end of the first quarter, grade wise...3 F's and 2 D's.

I went into the school the very first day to inform them that I had been asking for an IEP since he was in 4th grade. I also informed them that elementry school pushed him through and that he WILL struggle in 6th grade middle school. I was promised a meeting to set up some sort of plan...nothing happened.

Long azz storey short, several calls, several e-mails, several trips to the school....nothing...cept they hide under their desks when they see me coming now.

I started off polite and nice...didnt get nothing doing that...so ****** modes kicked in and ya they know it. Once again I was again told a meeting will be set up.

Has any one else ever had this much trouble? I am so mega stressed...although I dont let the school know it. Im spent.

Answer 1

I would   contact your school board and ask them to send you the boards policy on having a child identified and needing an IEP. Also ask about whose responsibility it is to create an IEP for your son.Ask your doctor to document his reasons for diagnosising your son as having ADHD.It may be worth your while to have youe son tested at a learning centre such as Sylvan who will test your son and will give you documentation saying your child's learning style and his areas of weakness.When you have all this documentation make an appointment with the principal and give him/her a copy of your proof that your son needs an IEP.If the principal does not try to accomodate .your requests that you need the school needs to test your son and address his need for an IEP let them know you are prepared to take your concerns to the school board and see if they will assist you. Once an IEP is approved it is the reesponsibility of the principal to see that it is followed.Continue to be a strong advocate for your son.He needs to know he has someone fighting for him.How sad his school does not realize how important it is to have the parents support in educating the student .They seem to be oblivious to the fact you all should have the same goal...the academic success of your son to the best of his ability.

Answer 2

Make sure you send your request for an IEP certified mail. This way they have to sign for it and you have proof they received it. In your request inform them that you have asked many times and if they continue to ignore your request you will take it to the state board. This will usually get them on the ball. When you get your meeting make sure you have read everything you can about the laws of your state. Schools know the law they just try to avoid some of their responsibilities, especially if they think they are dealing with an uninformed parent.

Answer 3

This sounds fishy, but what you need to do is send a certified letter to the head of the special ed department at school that states that you want your child to be tested for special ed (called an initial evaluation).  The school is then BY LAW required to test, share the results with you in a team meeting, and determine if the student should be put on an IEP.  Since you are having problems already, I suggest you also send a copy to your state's department of education, dated and notarized, and add to the letter that you are doing this so the school is aware.  If they do not comply with special education laws they will be audited and can loose funding.  I'm guessing that the SPED dept at school has no money now- which is why they don't want another student to service, but it is the right of you and your son to receive services if he has a descrepency in his testing.  If they still don't respond after 60 days then call a lawyer and an advocate.  

This is the federal website for IDEA:

http://idea.ed.gov

It clearly states:

"The initial evaluation:

    * Must be conducted within 60 days of receiving parental consent for the evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and

    * Must consist of procedures to determine if the child is a child with a disability under 34

CFR 300.8 and to determine the educational needs of the child.

[34 CFR 300.301(c)] [20 U.S.C. 1414(a)(1)(C)]"

...copied right from current law.

Answer 4

My son is in second grade and he has an IEP. I had to fight to get him evaluated. He was in Kindergarten and struggling big time. His teacher kept expressing her concerns and I had my own as well. The school did an in class observation of him and then I heard nothing after that. I called the principal who never returned my calls. I spoke to the teacher again and she said that they were going to do another in class observation in 2 months (which would have been close to the end of the year). I was so upset that they weren't doing more.

I finally decided to write to the director of special education. I wrote him an email and told him what was going on and how my son had almost all 1's on his report card and all they were going to do was another in class observation. I told him I felt like my son was slipping through the cracks and that I wasn't going to let that happen.

I got a response from him with in 30 minutes and I had a PPT meeting the very next day! My son was given a full evaluation by every specialist and was found to have learning disability and was eligible for an IEP and special ed services.

He's is now in second grade and still way behind everyone else however he progresses and gets a lot of help at school that he would not be getting if I hadn't written that letter.

Answer 5

As a special education teacher this makes my blood boil!  

Be sure you document everything!

1-put in writing your requst for an IEP.  

(in the letter say you are requesting a Full and Individual Evaluation of your child due to a diagnosis of ADHD and continuing academic difficulties.)

Send it to the principal and the director of special education in you school dist.  

Legally they have 14 days to repond to you with the paperwork requiring your signature for consent  to the evaluation or a denial to the request.

If the special service team denies your request, you can file for a Due Process Hearing through the state.  Be sure they school gives  you a copy of your educational rights, as they are very different for special education.

If you do sign consent for an evaluation, the team has 60 school days to complete the evaluation and have the meeting with you to go over the results.

Good Luck!

Answer 6

We went through the same problem with our older son-ADD and Clinical Depression-and got nowhere until the LAST half of his senior year-they stalled us so long. When our younger son was diagnosed with Diabetes, we had the help of a Diabetes Parents group...and they told us to stop fooling around, and arrange for a 504 plan. Find the local or state organization for ADHD-and they will have a list of LAWYER'S to help you out-some for free. We had been stalled for meetings-cancellations, postponements, etc. until we called our lawyer-and got the meeting the next week. As soon as they said 'they'd work on it' my lawyer said NO YOU WON'T...this is the LAW and here is OUR 504 plan for YOU to go over IMMEDIATELY or we sue through the ADA compliancy laws.

WoW! What an instant turnaround. We had taken a suggested 504 from the 'templates' offered by the Diabetes group and changed a few-and then also added in a couple 'rules' that we weren't too concerned with-so that when the school principal came back with HIS list (crossing off half of ours) we gave it right back and said we want all of 'these' but will not ask for 'those'...he thought he had won...but didn't realize we got EVERYTHING we asked for and 'gave up' the bogus demands we had added in.

So find your local ADHD, or the state ADA (American Disability Act) group and start with talking to them.

You might be able to find some suggested templates by doing a Yahoo search for 504 school plans.

And ITS THE LAW, ANY SCHOOL RECIEVING FEDERAL FUNDS IS MANDATED to have 504 plans without fight!

the one thing to keep in mind-is that a 504 is a 'contract' between YOU and the SCHOOL, NOT the other way around. The school IS NOT supposed to make up the 504 to benefit THEM (translated-keep them from spending money) but YOU (and a lawyer or counselor) make up the contract to benefit YOUR CHILD'S SPECIAL NEEDS.

There is NO 'generalized' 504 plan-every single one is different. We found the school heirachy tried to pull one over on us by saying THEY had to do it their way.

Threat of a lawsuit-ended THAT line of bullcwappie!

Here's some links...

Answer 7

The school district is playing a waiting game with you. They think that they can last longer than you and you will eventually give up. DONT!! It all comes down to money, districts will do anything to cause delays when they cannot afford the services, in hopes that the parents will run out of patience or money before due process is complete. When you do get what you need, you will still have to keep on them. My brother and his wife sued the district, using an educational advocate, in order to get my niece services. It took 6 months, and now they just found out that event though she is supposed to get 5 hours of ABA, the teacher has only been coming for two half hour sessions a week. Don't give up, you are the only one who can fight for your child! Best of luck!!

Answer 8

I would file a complaint with the state.  Then they will get their butts moving.  Bring an advocate with you (lawyer, Regional, etc) You have the right to call an IEP every 30 days (at least in California).  In addition, I would ask for an AT (assistive technology) evaluation.  

Eli

AT Specialist

Answer 9

Make sure you are putting your request for an IEP meeting in writing.  The school has a certain number of days that it has to respond by.  If they do not respond to your request, then you can file a complaint against them.

Answer 10

Yes this is happening all over the country. YOu have to learn the special ed laws and follow them. THe reason they are ignoring you is becuase you are not following the legal process in getting help and they know this. They know they can not get in trouble for ignoring you.

THe first step is to NOT set up a meeting to ask for an IEP. All they will do is talk you out of it.  They know the first step in getting an IEP plan is NOT setting up a meeting. And they won't tell you this because they don't want to help.

The first step is to write to special ed director stating 'I am requesting an initial full educational evaluation, testing in all areas of suspected disabilites, to determine if my child can qualify for special ed services, as specified by IDEA law.'

You can not ask for this verbally, you HAVE to do it in writing. If you do it verbally they will deny you ever asked.

After you write this letter, if they say no or ignore you, THEN you can take legal action, which is to file a formal state complaint with the state dept of education.

It is so bad because most paretns don't know they have these laws to protect them and schools ain't about to tell them.

When you ask for this eval they have a few tricks up their sleeve to get out of it so if you need help please email me

[e-mail]

Answer 11

I agree pretty much with the previous suggestions.  You have to place your request in writing for an evaluation of your child to take place.  They have 30 days to test your child from the date of reciept of your request.  Your child will have an educational evaluation done that will come with recommendations.  If your child was diagnosed with ADHD by a physician you may want to include this in their evaluation.  Once the recommendations are in place, you can either agree with the Comittee on Special Education or request more services or delete the ones they recommend.

From experience, most school districts fight many special ed services because they are not cost effective.  They try to give the student as little help as possible.  It is in the parents best interest to educate themselves on special ed laws www.wrightslaw.com and advocate effectively for their child.  In addition, you can obtain a professional advocate or special ed attorney to assist you in obtaining services for your child.

When the school was notified of your sons diagnosis, they should have had them tested.  My son was diagnosed early on at my insistance because I was told he would catch up.  When the school district tested him, I disagreed with the IEP and their frivalous diagnosis.  I decided to have him tested privately by a neuropsychologist who does comprehensive educational testing.  The amount of money I paid this individual seemed a bit extreme but once I got the comprehensive report along with specific recommendations, it was priceless.

The report that the school district provided was completely wrong.  The neuropsychologist pointed out that there are many learning differences that mimic others.  With everything in place my son was able to succeed beyond expectations.

Answer 12

Idaho here - we use to advise our Head Start parents who's children had special needs if they feel their childs school is not working with them & their child they can (should) contact their State Department of Special Education. Public schools receive funding (least in Idaho) for helping children with special needs.  You should contact your State Department of Education and ask for help.

Answer 13

You MUST put everything in writing...always. If it is not in writing then it never happened. Seriously, legally it never happened because you cannot prove that it did to a court of law.

If I may suggest, look at http://www.wrightslaw.com. They do conferences, so see if there are any coming up in your area. Also, they have two books that are worth double what they cost on the website, ORDER THEM. One has the law, with explanations, the other is a very good book explaining how to advocate for your child with special needs.

We had similar trouble. You cannot lose it emotionally, because it gives them power over you. Put your discussion in writing, thank them for setting up the meeting and add, "As per IDEA law, I expect evaluations to be done within sixty days." Thank them again, always with a smile so they have nothing to gripe about.

And definitely CC your director of special services. NO EMAIL. Only snail mail. GOod luck