Does this sound right?

Discussion in 'Special Ed 101' started by klmno, Jan 20, 2009.

  1. klmno

    klmno Active Member

    I had a "components" meetings at school today for us to agree on what components would be brought to the table at my son's three year evaluation. I asked 2 things:

    1) that his classification be changed from ED to OHI because his diagnosis changed during the past 3 years from unipolar depression and disruptive behavior not otherwise specified to Biploar not otherwise specified. The school said that would require going thru the entire evaluation for an iep all over and could lead to my son no longer qualifying for an IEP. Is that true? I thought they were supposed to re-evaluate him anyway, but they said if I agreed to leave it ED, then he wouldn't get that complete re-evaluation and they would leave him on an iep. I told them I wanted to go ahead with it.

    2) I asked them to do testing. I had previously asked if they had a licensed/qualified person to do neuropsychologist testing and had gotten no answer. The first answer today was that if I wanted neuropsychologist testing, I could get it privately and pay for it myself. Then, the principal pointed out that I had requested the school to do testing, so then the ED spec said she could do her own evaluation and it would involve some testing but that it would not be all testing because they do not have the quals that a licensed prof does. She said her tests would be sufficient to tell if there were any cognitive difficulties in my son.

    I agreed verbally but have not signed permission for them to proceed yet. I signed a paper stating what we discussed though.

    As a background, I had complete neuorpsych testing done privately 3 years ago and paid for it which is what lead my son to be put on an iep. The school has never done any testing on him. I would have this done privately again but I can't afford it right now. His deficits before were mostly in memory, attention, and executive functioning. I couldn't get her to specify exactly what tests she would do, but she did say she would give him a memory test. What rights and expectations are there in regards to asking the school district to do testing? What happens if she does a few minimal tests, say for IQ, and no deficits show up because this is not his area of difficulty?

    I found it odd that both the school district sw and the ed spec were strongly discouraging me to pursue the OHI class, and resulting re-evaluation. But, I tend to think it's because it would open the door to my son getting other accommodations that this school district won';t provide otherwise. But, the principal backed me up and said my son is no longer a behavioral problem at school and does need supports. The cm initially wrote that my son is doing well academicly, but I had them write in "with current IEP accommodations" to clarify that he would not be doing well if they weren't working with him academicly.
    Last edited: Jan 20, 2009
  2. jal

    jal Member


    I do not have concrete answers for you as I am just beginning my journey on testing as the neuro we had paid for by ins a few years ago was a crock. I do want you to know that I have followed both of your threads and I truly feel for you and all you are having to endure.

    After reading your post I have to tell you that my gut tells me your school district if full of ****. I can tell from personal experience and from insider knowledge that the school district can do whatever it wants to do and it sounds to me like your mental health people and the school district's are in kahoots because they don't want to help anyone.

    I mean really, they basically are telling you, if you change his classification then he may not qualify for an IEP and if you change it he may not get the full testing, but we can't give you the full testing because we don't have staff with the credentials to do seems like a huge run around to me. They have to evaluate after 3 years - I do not know that a neuro is mandatory, but there are certain tests they do.

    We are currently working with- a new dr who wants the school to do a WISC IV, NEPSY, BRIEF and Ray Osterrieth test. I don't know if you can ask for these or at least use them as a reference if they tell you what testing they will do.

    So I am sorry I don't have answers, but I wanted you to know I feel so frustrated for you. You have persued so much.
  3. dadside

    dadside New Member

    Very broadly, I lean toward the school's position. A school is required to review IEPs at least annually, and normally to reevaluate every three years, but I don't believe the reevaluation has to be as extensive and/or from-square-one as the initial evaluation. I don't see why changing a classification would require starting from the beginning though, unless that was based on local or state rules vs federal ones.

    As to classification, I don't see how bipolar not otherwise specified is so different from unipolar depression as to being OHI vs ED, so my sense is OHI may be inappropriate, and insisting on only that possibility could mean no IEP.

    "Other health impairment" means "having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that is due to chronic or acute health problems ...". ED includes "Inappropriate types of behavior or feelings under normal circumstances".

    In any event, the goal is the IEP and its accommodations and services, so the current label to get them ought to be secondary. Why take an unnecessary chance on losing them?!

    Schools are not generally required to provide neuropsychologist testing. They may be required to fund third-party testing, but my memory fails on the reasons when.
  4. jannie

    jannie trying to survive....

    [quote=klmno;But, I tend to think it's because it would open the door to my son getting other accommodations that this school district won';t provide otherwise.

    What types of accommodations are you looking for?

    The school system is required to provide any and all accommodations which would allow for difficult child to access to the does not matter what is a matter of what the child needs and is eligible for....

    A student who reads and comprehends well and proficiently on grade level may be eligible to recieve the accommodation of a test read aloud to him/her if their individual inattentiveness prevents them from focusing long enough to read the entire passage....and if he/she did not recieve this acccomodation would be unable to show what he knows...if the IEP team writes down reasons and explanations as to why it is can be done....
  5. flutterbee

    flutterbee Guest

    Whether it's ED or OHI has no bearing on the services/accommodations he would receive. No matter what the classification, he should receive the services he needs. Period.

    Let the school do their testing. Find out if they have testing for executive functions. They do have those tests available for that at the school district level. I know this because I was told so by my home district. If they say they don't have them, tell them to get them. If you don't agree with their findings, you can request an IEE.
  6. klmno

    klmno Active Member

    Thanks, Heather!
  7. Sheila

    Sheila Moderator

    It shouldn't matter how he's classified. Per the regs: Special
    education and related services are based
    on the identified needs of the child and
    not on the disability category in which
    the child is classified.

    Possible, but not probable based on your threads.

    They are suppose to re-evaluate with-the following caveats:
    Consistent with
    § 300.303 and section 614(a)(2) of the
    Act, a child with a disability must be
    reevaluated if the public agency determines that the educational or
    related services needs of the child
    warrant a reevaluation or if the child’s
    parent or teacher requests a
    reevaluation. A reevaluation must occur
    no more than once a year, unless the
    parent and the public agency agree
    otherwise, and at least once every three
    years, unless the parent and the public
    agency agree that a reevaluation is
    unnecessary, to determine whether the
    child continues to have a disability and
    to determine the educational needs of
    the child. Reevaluations must be
    conducted in accordance with
    §§ 300.304 through 300.311. In addition,
    as noted in § 300.305(e)(1), except for
    children at the end of their secondary
    school career, a reevaluation must be
    done before determining that a child is
    no longer a child with a disability. In
    conducting a reevaluation, as noted in
    § 300.305, consistent with section 614(c)
    of the Act, the IEP Team and other
    qualified professionals must review
    existing evaluation data on the child
    including evaluations provided by the
    parents of the child; current classroom based,
    local, or State assessments and
    classroom-based observations; and
    observations by teachers and related
    services providers.

    The school district needs to do their evaluation. Upon completion, if you do not agree with-it for any reason, request an IEE. It's at school district expense.

    Again, it doesn't matter an IEP student's classification. "Special
    education and related services are based
    on the identified needs of the child and
    not on the disability category in which
    the child is classified."
  8. Sheila

    Sheila Moderator

  9. klmno

    klmno Active Member

    Thanks, Sheila!!
  10. klmno

    klmno Active Member

    I have scanned thru stuff and can't find a clear answer- are they legally required to test memory and executive functions if 1) I asked them to include these tests, 2) difficult child currently shows deficits in these areas, 3) his neuropych tests done 3 yrs ago (privately) indicate that these are where his major problems are

    I'm going to ask them to do it, but if they come back and say "no" for whatever reason, is there something included in the law that I can fall back on to require them to either do it or pay an outside source to do it?
  11. svengandhi

    svengandhi Well-Known Member

    My 14 year old was originally classified as speech delayed, was changed to OHI in 1st grade and was then changed to ED in grade 3 so we could get him a 1:1 aide, which they would not provide with a classification of OHI. In grade 6, we added Learning Disability (LD) with a disorder of written expression. His ED diagnosis is school based anxiety disorder.

    He is in grade 9 now and still classified. He goes to resource room once a week and counseling once a week. He has not had an aide since elementary school ended. He is in honors math and science, is running A+ in history and doing fairly well overall with 2 exceptions. He's on the chess and robotics teams and is the happiest he has ever been in school.

    He is up for his three year evaluation and there is no way in hell I will give up his ED classification. He is doing great in very difficult high level academic classes, but almost failed Health because he is so private and anxiety prone that he refuses to discuss or write about personal matters. I was able to use his classification to convince his teacher that he should be given an alternative means of assessment. If I didn't have him as ED, he would be failing a very easy simple class because of his issues. He would also have been kicked off his teams because our district doesn't let you do extra-curriculars if you get even one grade below C. Even with a just above failing grade in foreign language, they are exempting him from that rule because the activities keep him calm and motivate him.

    There are distinct benefits to having an ED that OHI doesn't give you.
  12. klmno

    klmno Active Member

    They are telling me BS, I know, and I thought the OHI would get around it- in a round about way. Basicly, they don't want to address anything other than behavior (as in bad behavior) because difficult child doesn't have a traditional Learning disability. But, I'm going to discuss this with a couple of people early next week and see if there's a way to hold their feet to the fire regarding needed accommodations. Things need to be portrayed accurately in my son's iep because he'll be changing schools soon and here, right or wrong, ED means a behavior problem.