IEP testing isn't completed and they're already saying he probably won't qualify.

[Californiablonde]

We are applying for an IEP for difficult child 2 and the first meeting we have scheduled is for the 30th of this month. I have done my part in filling out all the necessary paperwork, and they are still in the process of administering the tests. My mom, who is a former high school guidance counselor, contacted the school psychiatric yesterday to see how everything is progressing. The school psychiatric told her it looks like difficult child will qualify for a 504 but not an IEP. They are still in the testing process so they are not 100% absolutely sure of this but it looks like that is where we are headed. I am not sure how the school psychiatric can even make such a blanket statement such as this when they still have several more weeks of testing. I don't know what she is basing any of this on since the process isn't even over yet! My mom, who has quite a lot of experience with special needs kids, says that 504 plans basically don't do ****. They do not carry the weight that an IEP does, and many of her former students have fallen through the cracks because the 504 plan was not enforced. I thought his poor grades, inability to focus, and very poor social skills would qualify him for sure. difficult child 1 easily qualified and she, in my opinion, is higher functioning than my son. I don't know what is going to happen at the meeting on the 30th, but I am prepared to put up a fight if he does not get his IEP. Truthfully I can't see him being very successful in middle school without one.

 

[allhaileris]

If he was diagnosis'd with Aspergers, why would he not qualify under that? My daughter does. I have friends that their kids are refused IEPs for their ADHD alone, but those kids don't have any Autism Spectrum Disorders (ASD).

 

[Californiablonde]

Sandy, that's what I thought, too. I thought his Asperger's would for sure qualify him. I am so confused. I guess I will have to see what the final outcome is and hear their reasonings at the end of the month.

 

[InsaneCdn]

Start lining up your advocates... and your experts.
Go in prepared with the reasons WHY accommodations X, Y, and Z are needed - and why the IEP is the only way to go.

 

[TeDo]

Absolutely don't let them off the hook with only a 504. The only REAL difference between a 504 and an IEP (from what I've heard) is that the IEP is enforceable and the 504 isn't. Absolutely get your advocates lined up. Your mom could definitely be ONE of them. No matter what their reasons are, ADHD can come under Other Health Impairments and Autism is it's own category now. Either way, if he qualifies for one, there's no reason why he can't qualify for the other. Do you have outside evaluations to bring to the meeting with you...Occupational Therapist (OT), Speech Language Pathologist (SLP), psychiatric, etc? If not, you might want to get those lined up also.

 

[keista]

The only difference I know of between the 504 and the IEP is that the 504 is only for accommodations. The IEP is only put in place if the child needs services - speech, Occupational Therapist (OT), social skills class, personal aide.

I've got a friend in real life who can't get an IEP for her son. She's tried. She has an awesome advocate, but the kid is just too high functioning and does not really need anything that constitutes services. Ironic thing is that he's in a Charter (maybe magnet?) School for high achieving kids. Even if she could get an IEP for him for somethings, they just don't have those services available in that school.

Even with an IEP, the parents must police and monitor to make sure it's being enforced, just like a 504

 

[TeDo]

Keista, then I guess I'm lucky. difficult child 1 has had an IEP for 5 years now and he's NEVER received any services, only accommodations. THAT's what I spent most of last year fighting for was services. He was "so high functioning" and he was labeled a "lazy troublemaker" that they would NOT believe me that he had academic issues that were causing the behaviors. In our case, the only difference was that an IEP can have legal repercussions if not followed.

 

[welcometowitsend]

Yes, the Aspergers and even the ADHD should qualify him - even one without the other should still qualify. At least here it does.

I would try not to get too stressed out about it because like you said, you are weeks away from being done all the testing.... but get your ducks in a row - look for an advocate, another psychiatrist that can vouch for your child's needs. Do your research and make sure they know you've done it. If they know that you know what they are required to do for your child it makes a big difference.

 

[a_demann]

Having a diagnosis alone doesn't qualify someone for a 504 or IEP. The children are evaluated in several areas, language/speech, academic, and social. The results are given on a rating scale and they must fall below a certain number for them to qualify legally. It's all based on test scores. Here in MN I believe it's under 70 (which is the average). The only difference I see between the 504 and IEP is that with the IEP the children actually will receive services not just accomadations. Both do need to be closely watched by the parent to make sure the teacher is following either plan but from what I understand teachers/school staff must adhere to the guidelines of both plans legally. Your child can still receive some help without having a 504 or an IEP; two of my kids have received extra help in the form of "friendship club" and other groups that meet during the school day to help children make friends/socialize appropriately. So depending what your child is struggling with I would look into some of the other "clubs/groups" the school offers.

 

[buddy]

It is true, there are mandates and kids have to qualify independent of a diagnosis. However, the diagnosis and the commonly related issues must be considered. There is no one score that qualifies a student for an IEP. Each area of educational disability has its own qualification criteria and you can get a copy of that from the state dept. or the district special education department. By law there has to be impact on the students education but that can include non-academic areas like social skills, general behavior. An IEP is developed when there are goals that need to be worked on and that can include things like advocating for themselves when they need an accommodation, or learning to take a break when they are overwhelmed. In a 504 they could be given an accommodation of taking a break but who is going to teach the skill? in a 504 even though there is someone who is the "case manager" they often simply write the plan and may hand it out, but unless the parent calls a meeting they usually have no idea what happens next. They are most appropriate for health/safety concerns like say a child is a little person and needs some accommodation to be in the halls, lunch room, etc. safely or needs stools or support in the rest room or lunch room..... but other wise there are no issues in terms of skill development. Any time there is a learning issue, a skill development need, push for an IEP. With an IEP they must keep track of the data for the goals. yes, there can be accommodations but there must be goals on an IEP. No such thing as an IEP without goals. They have to keep data, provide the tools to accomplish the goals and do reviews independent of a report card. And it does still require the parent to make sure that this is all happening, but it is easier to get them to act because you do have the law to back you up.

How well a 504 works depends on the school and the individuals involved. They can be great if you have good people. And there are amazing teachers who will make accommodations and modify their teaching etc.... if you could guarantee that the kids would have that year after year, there would be far less need for IEP's or 504's ever.

I hope you can get an advocate in sp. ed. law and get your IEP, sounds like you feel it is really necessary.

Hang in there! (ps there is such a thing as a team over ride for criteria. They have to document very well so they are not sanctioned when audited though)

 

[Californiablonde]

I don't know if difficult child's IQ score is being added in the mix but when he was tested before, he scored very high. He was in like the 95th percentile. Unfortunately, even though he is very smart, he is functioning well below grade level standard in most areas. He is failing two classes. In math he is getting a C even though his test scores are very high. He continues to struggle daily with his social skills, both with his peers and other adults. I am keeping in close contact with his main teacher each week and she consistently reports that difficult child's lack of social skills is quite problematic in the classroom. He needs a social skills group badly. Although his new medication is helping him focus a little bit more, he is still having a hard time staying on task. His teacher reports he is constantly staring off into space and biting his nails. He needs constant redirection. It's not as bad as it was before the medications, but it's still bad. He does not do well with transitions and he will be going to middle school next year. I am afraid he may not handle it well. Plus with the harder academics, I just don't see him being very successful without some help.

 

[whatamess]

If you do not agree with the results of a school district evaluation, you should request an IEE (independent educational evaluation). The school district pays for that independent evaluation. unless they want to go through due process to say they don't think an IEE is necessary.