Need information about assessing children for special education services in California. Please read details.?

Question

I am a 1st grade general ed. teacher with LAUSD, with several kids with OBVIOUS special needs. The administrator says we're not even allowed to file an SST request until after the first quarter's assessments. And even if I've got 6 kids that need help, I'm told I need to pick only two to SST.

The way it seems to work at my school is that the teacher files an SST form and the administrator sets up the SST meeting in about 2 to 6 months. At the SST meeting the administrator always says that we will CONSIDER retention. She says it's the first line of intervention. She won't even consider assessment until after a year's retention.

So the obviously delayed child wastes another year in the same grade, making little if any progress and losing precious and valuable learning opportunities that special ed might provide.

Administration then does nothing more.

I find this appalling and I need guidance here.

On behalf of the kids, I thank you, because they cannot.

Answer 1

I think your school is trying to avoid having an EC subgroup that could bring the school down with regard to test scores.

Answer 2

A teacher is not the only person who can start the Special Education process.  A parent can also request testing, and that request must be considered, and a reply made within two weeks (although the district does not have to test; they can review the child's record and say testing is not necessary).

You're in quite a difficult position here.  I wonder whether this is the policy of the individual principal or the district.  You could talk to people in special Education, both at your school, and perhaps Special Education administrators in your district to find out.

Your District is obliged to find children who need services and provide those services (IDEA - Childfind: http://www.wrightslaw.com/info/child.fin...

Your district in in danger of being sued if what you describe above is their actual policy or standard practice.  It could be that your principal is not aware enough of the issues, and that it would help to have someone from the Special Education Department talk to her.

Under the new "Response to Intervention" rules (IDEA 2004), though, I think fewer children are being identified in the early grades at the moment.  Schools will try many other interventions before considering students for testing.

If you want to advocate for your students, a good source of information is the Wrightslaw website:

http://www.wrightslaw.com/howey/iep.mtg....