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Special Ed 101
how to get your public school pay for alternate ed
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<blockquote data-quote="Martie" data-source="post: 113723" data-attributes="member: 284"><p>I am sorry you are so disappointed and frustrated. Your SD is playing fast and loose with the law: IQ is not a determining factor in obtaining an IEP. There is a two pronged test: have a qualifying disability under IDEA (which is not the same as having a DSM diagnosis although there is a lot of overlap) and have a negative educational impact. Your son has both...and should qualify under ADHD without even arguing that he probably also has an Learning Disability (LD). It is also NOT true that students with ADHD "only" qualify for 504 plans. They qualify under "other health impaired" under IDEA.</p><p></p><p>I can assure you that there are many children with high IQs on this board who are IEP qualified. It is a characteristic of certain diagnosis's to also have high cognitive ability. The idea that Special Education is for "slow" children went out the window in about 1975...apparently your SD does not (want to) know this. To put a finer point on it, my ex-difficult child tested very far above grade level in math and at least at grade level in reading. Nevertheless he had a lot of negative educational impact in that he met the EBD qualification of pervasive unhappy mood, lack of friends, failure to learn not explained by other disabilities....there are 5 EBD qualifiers and only one is needed. None of the qualifiers mention IQ. Just because a child can TEST Ok in a 1:1 situation does not equal adequate educational progress in the gen ed curriculum.</p><p></p><p>If you do not advocate for your son, no one else will. It is not fair, but it is true: the squeaky wheel always gets the grease. Parents who know law get far more services for their kids than those who do not.</p><p></p><p>in my opinion a child who is using an FM system in class that does NOT have an IEP represent a gross violation of IDEA on the part of your SD. Your daughter should have an IEP NOW that addresses her lags in reading that are most likely related to her hearing loss. Her mood swings might not qualify her now as EBD, but on average, mood problems worsen at puberty before improving in young adulthood. The years in between can be quite problematic.</p><p></p><p>Unless you are able to withdraw your children from public education, it seems to me that you need to try to make the system work better for them than it is at the moment.</p><p></p><p>Best to you,</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 113723, member: 284"] I am sorry you are so disappointed and frustrated. Your SD is playing fast and loose with the law: IQ is not a determining factor in obtaining an IEP. There is a two pronged test: have a qualifying disability under IDEA (which is not the same as having a DSM diagnosis although there is a lot of overlap) and have a negative educational impact. Your son has both...and should qualify under ADHD without even arguing that he probably also has an Learning Disability (LD). It is also NOT true that students with ADHD "only" qualify for 504 plans. They qualify under "other health impaired" under IDEA. I can assure you that there are many children with high IQs on this board who are IEP qualified. It is a characteristic of certain diagnosis's to also have high cognitive ability. The idea that Special Education is for "slow" children went out the window in about 1975...apparently your SD does not (want to) know this. To put a finer point on it, my ex-difficult child tested very far above grade level in math and at least at grade level in reading. Nevertheless he had a lot of negative educational impact in that he met the EBD qualification of pervasive unhappy mood, lack of friends, failure to learn not explained by other disabilities....there are 5 EBD qualifiers and only one is needed. None of the qualifiers mention IQ. Just because a child can TEST Ok in a 1:1 situation does not equal adequate educational progress in the gen ed curriculum. If you do not advocate for your son, no one else will. It is not fair, but it is true: the squeaky wheel always gets the grease. Parents who know law get far more services for their kids than those who do not. in my opinion a child who is using an FM system in class that does NOT have an IEP represent a gross violation of IDEA on the part of your SD. Your daughter should have an IEP NOW that addresses her lags in reading that are most likely related to her hearing loss. Her mood swings might not qualify her now as EBD, but on average, mood problems worsen at puberty before improving in young adulthood. The years in between can be quite problematic. Unless you are able to withdraw your children from public education, it seems to me that you need to try to make the system work better for them than it is at the moment. Best to you, Martie [/QUOTE]
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