Testing for specific learning disabilities?

Question

My DD has an IEP and receives services based on her having an autism spectrum disorder (Aspergers).

She has a history of having a math learning disability but has not been formerly tested for a math learning disability. At our last IEP meeting, earlier this year, I requested that she be tested specifically in math, to try and find out exactly what's going on in her head. The rest of the IEP team said there was no sense in testing her in math since she already has an IEP w/ 3 goals specifically for math.

I have a pre-first day of school meeting w/ the new team next week (first year of middle school - God help me!).

I would like some input from you - what are some reasons I can use to make my case? What are my rights in having her tested specifically for a math learning disability? Can the school get away with not testing her for this specific LD?

It's been 5 years of no one really giving a d**n that she can't recall basic math facts and even misuses a calculator.

Thanks for your help!

Answer 1

If she had already been diagnosed with a learning disability of some kind and is already enrolled in special education services (because she has an IEP written up) I would ask for another meeting convened.

I would bring up that I believe my daughter's problems are related to her diagnosed learning disabilities.

Then if that does not work at the local level, I would go to the district and keep going up the chart: regional, state...etc until your daughter receives appropriate services.

Enlist lawyers and local media if you have to--but be sure to document/research everything for these people in particular. Leaving a trail of where you've been and who you've already talked with will help build your case  

Answer 2

You should have been given a Parent's Rights handbook, according to federal law IDEA.(Individuals with Disabilities Education Act).  This is a link to my state's handbook.    http://www.ncpublicschools.org/docs/ec/p...

On page 15, it states that:

1. You have the legal right to request a reevaluation for your daughter.  The law states that a reeval has to be done a minimum of every 3 years, but you can request one at any time.

2. If you do not agree with the school, you have the legal right to an Independent Educational Evaluation.

http://www.wrightslaw.com/info/test.iee....

3. You have the legal right to request a due process hearing if you and the school cannot come to an agreement with respect to your daughter's education. (This includes testing for a math disability.)

(pg. 23 N.C. handbook)

While it is true that this is an NC handbook, the law is a federal law, and therefore applicable to you regardless of which state you live in.

Your daughter is also protected under the Office of Civil Rights.

http://www.ed.gov/about/offices/list/ocr...

Call the Special Education teacher & request a meeting to discuss concerns.  Document the date, time, with whom you spoke, & anything he or she tells you.  If the teacher refuses, call the Special Education Director & ask for a meeting.  At the meeting, request a reevaluation for your daughter to include a test for math.  

You are supposed to be considered just as important to the IEP Team as any other member of it.  (In my career, I always considered the parent to be the most important member!)

If you do not have a copy of your district's Parents Rights handbook, request one.  If they did not provide you with one, a law has been violated, & the school district can be sued.

If I can clarify anything or help, please feel free to email me.  Good luck!

Answer 3

I would simply insist. Be persistent. You are your child's best advocate. They may see you as a pain in the butt, but who cares? Your child and her future are what's most important.