I need help/advice on school evaluation issue

Discussion in 'General Parenting' started by Jules71, Jan 31, 2014.

  1. Jules71

    Jules71 Warrior Mom since 2007

    I am literally sick to my stomach right now! We have a meeting on Monday to go over the 3 yr re-evaluation results. I requested a copy of the evaluation report today so I would have the weekend to look it over.

    If you remember from my other posts - I requested he be evaluated in many areas - they decided he didn't need to be and were only going to evaluate what they decided to. I also sent a copy of our private psychologist's report indicating a new diagnosis of Cognitive Disorder not otherwise specified (visual processing / executive functioning).

    So based on how this report appears - they really are going to try to discontinue Special Education and his IEP. She left the discussion and eligibility areas blank and said we would discuss that at the meeting since I am part of the team. YAH WHATEVER!

    They did not include any of the data from the new diagnosis - only referenced his existing ADHD and ODD. Made sure to state that the child has problems at home that are not nearly as evident at school. Mentioned he was able to function perfectly fine when he was on medication (which is not true at all) and now that he is not on medication he is a bratty troublemaker who is defiant and aggressive and a bully. Says he is capable of doing all his work but won't because he doesn't feel like it. I am LIVID!!! I actually feel like I am going to vomit.

    Ideas? Suggestions? What can I do between now and Monday? I am freaking out! Oh and the psychologist only directly observed him in class ONCE. HELP!!!
  2. Wiped Out

    Wiped Out Well-Known Member Staff Member

    Any chance of getting an advocate. Remember as part of the IEP team you have the right not to sign anything and request another meeting (this will get you time to get an advocate).

    I am so angry for you. My difficult child also has a cognitive disorder and executive function disorder (plus several others) and that enough should be enough for an iep. I would also invite the head of Special Education in your district. This is just ridiculous.

    I can't remember but do you have letters from psychiatrist in addition to the therapist's letter.

    Ask them how they feel one evaluation in class by the psychologist is enough? I'd love to hear the justification.

    Please do not let them railroad you into this. You have every reason to fight this.
  3. helpangel

    helpangel Active Member

    Wow I want to meet this school psychologist, no change that I want to eat that idiot for breakfast! (OK not eat just chew up and spit out!) Looking at your signature diagnosis in 2007... so super school therapist can get more info in (what did he spend 20 minutes observing?) then the whole team of doctors who have been working with this kid for more then 5 years? What are his credentials? I would be sending letters to both the college where he got his degree and the state licensing board (not licensed??? it figures LOL)

    OHI (other health impairment) IEP classification even has adHd in its definition! Wish I had a copy of DSM 5 to look and see if defiant & aggressive are in the symptoms of ODD (willing to bet they are). I can't figure out how anyone working for a school doesn't get that Cognitive Disorder is medical lingo for learning disabilities???

    Yes get an advocate (the meanest nastiest one you can find) for Monday take with you your copies of the evaluations you requested, if you have the proof and they didn't do the evaluations and it's been more then 30 days since you signed they are in violation of state law. Also take any discipline reports, suspensions, notes home about behaviors etc that happened while medicated... not that any school has right to tell anyone to drug their kid!

    Take the private therapist's report with you, I'm curious did they include any suggestions on what's needed at school in that report? I can guess visual processing might need books in auditory format and adHd & executive functioning could use some extra help organizing assignments, an extra set of books to be kept at home so has materials needed to do homework, added testing time in small group setting. Test ?s read to him to answer orally and have resource teacher scribe the answers. (UGH sorry I never met the kid and I'm listing the accommodations he needs)

    The reason kids show problems at home that they don't show at school is they don't want to embarrass themselves in front of the other kids. Often misbehavior is a tool to cover up not knowing the info. I was at a manifestation determination meeting for a kid repeatedly suspended for burping (yes you heard that right) teacher was a bully and would call on the kid in class knowing he didn't have the answer in his fear he would suck air so when he went to speak a loud belch would come out, all the kids would laugh. We held the meeting so they could get a sub down to that teachers classroom so he could join us... long story short my employer got a written complaint because I made their teacher cry (my boss gave me a pat on the back and said if no one complains ever you aren't doing your job) yep get the nastiest advocate you can find... if your in SE Michigan by chance PM me I'll shift my dental appointment and go with you no charge.

    Almost forgot in your briefcase of info have a file folder clearly marked "DUE PROCESS" in bold marker - so anyone looks down see's those words on that folder, make it about an inch thick (blank printer paper is fine) you don't pull folder out or use the words due process but if they think you are accumulating ammo to go due process they will usually give you what you want to avoid going there. Not sure if it's everywhere or just Michigan but a couple years ago they phased out the parent signature portion of the IEP. Stuff like this makes my blood boil and I will happily assist you any way I can.

  4. Jules71

    Jules71 Warrior Mom since 2007

    Wiped Out,
    Yes, I found and advocate from PAVE and she is coming with me. I have only met her once so not sure how she will be.

    They already invited the district person - I think because they know I will fight. They're thinking 9 against 1 puts them at the advantage. I was thinking of hiring some actors to wear suits and ties just to have more bodies on my side.

    I will not sign anything at that meeting. In fact maybe I should draft my letter requesting an IEE and give it to them at the end of the meeting.

    The only letters I have are from psychiatrist who diagnosis'd ADHD and ODD in 2007, and the psychiatrist who just diagnosis'd Cognitive Disorder not otherwise specified in December.

    One direct classroom observation by their psychologist is NOT enough. She even went so far to say he attended better than his peers. Haha!

    The other ratings were completed by his homeroom teacher who pretty much is a bully - and the Special Education teacher he has only had this year and I would bet has not spent more than a few hours combined with him all year. They did not get data from his other teacher he has for half the day. Unacceptable!

    Thanks for the reply! I appreciate it. Now to reply to Nancy's...
  5. Jules71

    Jules71 Warrior Mom since 2007

    Washington state:

    Students determined eligible for special education services must meet all three of the following criteria:
    ◾The student must have a disability or disabilities.
    ◾The student's disability/disabilities adversely affect educational performance.
    ◾The student’s unique needs cannot be addressed through education in general education classes alone – with or without individual accommodations. The student requires specially designed instruction (SDI).

    A diagnosis from a doctor or mental health professional alone is not enough to qualify for special education services. Information from a doctor or mental health professional is helpful, however, and should be provided to the school district when a referral is made.

    What is SDI?
    Specially designed instruction is a set of organized and planned instructional activities which adapt, as appropriate, the content, methodology, or delivery of instruction to address the unique needs that result from a student’s disability
  6. Jules71

    Jules71 Warrior Mom since 2007

    (Pasting this here for future reference)

    A reevaluation includes:
    ◾A review of all existing data on your student – which includes the most recent evaluations, classroom based tests and statewide assessments, classroom based observations, observations by teachers and other services providers, and information and observations provided by you.
    ◾Any additional assessments from qualified professionals to determine your student’s continued eligibility for special education and related services.
    ◾A determination of whether your student needs additional services or modifications to meet her/his annual goals.
    ◾A determination as to the extent your student can participate, as appropriate, in the general education curriculum.
  7. justour2boys

    justour2boys Momto2Boys

    Here is some info that you might need to reference to make the school get in line...

    Section 1412 of IDEA 2004, Subsection (25):

    (A) IN GENERAL - The State educational agency shall prohibit State and local educational
    agency personnel from requiring a child to obtain a prescription for a substance covered by the
    Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an
    evaluation under subsection (a) or (c) of section 614, (see 1414(a)(c)) or receiving services under
    this title.
  8. justour2boys

    justour2boys Momto2Boys

    Oh and another thing I just thought of... did the school do any type of vision testing or screening? If so, ask to see the test results... not the summary results. If not, ask why and get it noted in the record.

    Also, I would look into getting an Independent Educational Evaluation (IEE)... something to discuss with your advocate.
  9. Jules71

    Jules71 Warrior Mom since 2007

    They indicated he passed vision and hearing screenings at the beginning of the school year. I did also take him for a full comprehensive eye exam at the suggestion of our psychiatrist and his vision was and eye structure was perfect. That leads him to believe the visual processing problem occurs when his brain tries to process it rather than the trouble being with his eyes.

    Thanks so much about the medication info above! I will definitely print that out.
  10. Jules71

    Jules71 Warrior Mom since 2007

    I could just about kiss you! Thank you for your reply! You got me wondering how much it would cost me to fly you out here to WA.

    This is just so maddening!

    Are you sure you aren't in WA? I think that kid you described that burps is in my son's class with the bully teacher and wouldn't be surprised if that is also why this kid burps.

    Thanks again for your reply and suggestions. I am going to put together a DUE PROCESS folder right now. Boy I know how to rock my Friday night! Lol.
  11. Wiped Out

    Wiped Out Well-Known Member Staff Member

    Do know we will all be with you in spirit on Monday! You have an army of warrior moms behind you! Wish we could be there in person!!!
  12. Jules71

    Jules71 Warrior Mom since 2007

    Thanks!! I appreciate that. Maybe it's time to bring technology into these meetings and have advocates via video conference.
  13. TerryJ2

    TerryJ2 Well-Known Member

    Good grief! I've never had that kind of trouble. As soon as I get a new dr evaluation or diagnosis, I give it to the school counselor and he arranges a mtng if we need one right away. Of course, it took an entire yr to decide if I wanted a child study to do a full IEP, and then we decided that since difficult child wouldn't cooperate, we'd just stick to the 504, but still, once a dr adds a diagnosis, it is imperative that you include it and change the plan. How maddening!
    I'll be there in spirit.
    Be calm. Wait for your turn. If the counselor is doing his or her job, you should all be given turns to talk. Really, all you have to do is hold up that new dr note and say that it means xyz has to be changed in the classroom. Sigh.
  14. DDD

    DDD Well-Known Member

    I haven't posted on your thread because I've been out of the loop for a few years BUT when I read that they had their school psychologist observe for twenty minutes it triggered past memories. My input is a little off topic but you will see the connection.

    My difficult child had, and still has, problems. He was simply identified as ADHD and likely AS. Due to different circumstances (particularly a Dean who thought he needed discipline at home) he had a terrible time in sixth grade. When it came time to reup the IEP I knew he was not going to get what he needed so I requested a full Neuro/psychiatric evaluation. I did not sign the IEP they had prepared. So they decided to have their "on retainer" School Board psychologist due the evaluation. Not! He works for them because he can not get a private practice going..really.

    I started making phone calls and exploring quality N/P centers and found one almost two hours away. I called the head of Special Education for our County and said "what do I have to do so my child can be evaluated by the X Group?" Bottom line was that I did have to pay the difference between the local and out of town team BUT I got a full evaluation of difficult child that was up to date and included a diagnosis that I had never suspected. As a result he ended up graduating with a standard high school diploma.

    When he was 21, by the way, social security approved him for disability and after less than a year required a re-evaluation. That same darn local Psychologist decided he was not disabled. Good Grief! The moral of my story is "don't let them put you in their quick box". Find the best answers for meeting your difficult children needs and politely but assertively pursue them. Good luck. DDD
  15. Jules71

    Jules71 Warrior Mom since 2007

    Sorry to quote my own post, but I think I might know their rationale. The 2nd bullet above says the student's disabilities adversely affect educational performance. Since difficult child is getting good grades on his papers and report card they are going to say it is NOT adversely affecting (effecting?) his educational performance. So what is educational performance anyway? Does it encompass only academics/grades? He has poor peer relations, is getting into trouble, not completing work, and is being treated like an @-hole by the adults who are supposed to be helping him.
  16. Jules71

    Jules71 Warrior Mom since 2007

    snipped from http://www.dredf.org/special_education/training_materials_3_14/OSEP_AdverseAffectEdPerf.pdf

    Many schools evaluate whether a child’s condition has an adverse affect on his educational
    strictly on the basis of grades or the child’s scores on standardized tests.
    Although grades and, perhaps, standardized test scores may be one measure of educational
    performance,the law and the courts take a broader view.
    Especially when determining whether a child’s educational performance was adversely
    affected by the child’s emotional condition, the federal appellate court governing California
    requires that consideration also be given to a student’s need for behavioral and emotional growth.
  17. helpangel

    helpangel Active Member

    Hi Jules, No it's definitely Michigan and unfortunately each state seems to have their own rules regarding IEP's, it's kind of annoying that nationwide you can find school districts willing to short change kids education to save a buck!

    Educational performance doesn't just pertain to grades; a kid who is constantly suspended or sitting on a chair in the office can't access the curriculum same as another kid so it affects performance. (just one example)

    I'm laughing picturing you showing up with the army of warrior moms here behind you; too funny they would probably lock the doors and call the national guard. Good luck on Monday we will all be routing for you.

  18. Jules71

    Jules71 Warrior Mom since 2007

    T minus one hour! Ugggh. I feel sick but I am well prepared!

    Thanks everyone for being there in spirit with me today.

  19. Jules71

    Jules71 Warrior Mom since 2007

    Holy carp people! I am exhausted. But at the end of the day, he still qualifies for sped! Good news. Not sure they intended it to go that way.

  20. Wiped Out

    Wiped Out Well-Known Member Staff Member

    I'm so glad it is over and that he still qualifies. I'm so sorry this has been so stressful; it shouldn't be. ((((hugs))))