Sheila: that may be so. and a student can be in ap classes and have a4. and still qualify. It is just appauling that the teams involved have not taken a moment to then aquaint me that the litiginous nature of the adversarial system requires that.
Students eligible for IEPs are those with-academic problems and/OR behavior problems that adversely impact the school environment.
Couple of links for you below wherein OSEP has issued memos:
Passing Grades, IQ Scores & Evaluations of Students with Learning Disabilities:
http://www.wrightslaw.com/info/elig.sld.osep.felton.htm
Many students identified as having learning disabilities are not failing to achieve commensurate with their age level and are passing from grade to grade at the same rate their peer. Yet these same students are still in need of special education and related services in order to benefit from education. This is true for students with above average intelligence as well as students with average intelligence.
The reason these students are achieving and passing is because parents are spending countless hours helping their children with homework, reviewing material and studying for tests. Parents also spend a great deal of money year after year on tutors thereby providing services themselves. Another factor in the academic success of these students is that many of their teachers do an outstanding job of individualizing instruction and modifying curriculum and tests.
These children are not failing because they are not being allowed to fail. Parents and teachers are giving this type of support because they understand the devastation that comes with failure. Thus, we contend that these two factors need to be addressed when eligibility decisions are made:
1. How much help is the student receiving outside of the school day?
2. Does the student need remedial help in the areas of reading, writing and arithmetic?
Joint Policy Memorandum (ADD)
Office of Special Education and Rehabilitative Services
This pertains to 504s and IEPs.
http://www.wrightslaw.com/law/code_regs/OSEP_Memorandum_ADD_1991.html
It took me a long time to learn that one cannot rely on any teacher to tell you anything that could remotely lead to litigation. It's not necessarily because they are withholding information, it's that many just don't know a whole lot about IDEA. Districts provide some training in IDEA, but they teach employees only what they want them to know.
Think about it. If you had a business, would you teach your employees to educate your customers on how to sue? Certainly not.
Because IDEA says that all educators involved in your child's education must be know knowledgeable about your child's disorders, early on I assumed the did.
Think about it. Teachers are taught to teach; they are not neurophychologists. And that just applies to disorders we commonly see discussed on this board.
Have you read "Don't Assume the educators know what your child needs" at
http://www.conductdisorders.com/com...the-educators-know-what-your-child-needs.452/ . There are multiple reasons a student can qualify for an IEP. It's unreasonable to expect that they have all the answers.
You're probably are wanting to know why I'm off-topic a bit. But parents need to know that just as school districts have "policies and procedures," parents must also.
When dealing with-my son's school district or working with-a parent trying to work through the school district maze, we have to take off my mommy hats and put on our business hats.
To get the ball rolling, these are my initial instructions:
#1 - When communicating with-the sd about important matters, use Certified Mail. "Why?" I'm asked. Because there are timelines within which the sd must perform certain functions IF they have received a written request from a parent. Certified Mail starts the clock ticking and proves parent has submitted the request.
#2 - When requesting an evaluation or reevaluation, do not limit the evaluation. The regs state, "In evaluating each child with a disability under §§300.531-300.536, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified. The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities." If a parent limits the evaluation, things can be missed. Additionally, if you do not agree with-the evaluation for any reason, the IEE will be limited.
#3 - Parents must learn about sp ed law if they want to be successful in advocating for their child(ren). That doesn't mean one has to learn IDEA from cover to cover, but they need to know enough to call a sd's hand (politely) when they hear "we don't do that" or sd "policy" is contrary to the law.
#4 - An attorney with-expertise in sp ed law is a good thing to have access to; so is a well trained advocate. However, no one knows the child better than the parent -- see "Captain of Your Ship" in the General Archives.