Should we try again

Discussion in 'Special Ed 101' started by maril, Dec 6, 2008.

  1. maril

    maril New Member

    difficult child is 17 and in the 11th grade. Since 9th grade, he has just barely scraped by in school. Way back in elementary school, ADHD was suspected and later confirmed in two separate evaluations by the school (one in middle school, the other in high school).

    Along the way, difficult child has had some help in school (never considered to be eligible for special education, as school said his scores were too high on standardized testing), help and support at home, trials of four ADHD medications (not very successful plus some bad side effects), and counseling.

    Presently, he attends an alternative school for just about one year since leaving his "home" school. At that time, the assistant principal claimed difficult child's grades were such that she saw little chance of him being able to complete the work that needed to be done in order to pass 10th grade, and she recommended the alternative school (no homework, smaller class size, and a chance to pass the 10th grade).

    At this point, due to behavioral problems at the alternative school, they are going to try switching difficult children schedule around (taking him away from other kids, who are in the same boat behavior-wise), and I was told if that does not work, he will be directed to his home school for further options; a private school was also discussed.

    Being that he is still a minor, has the rest of 11th and 12th grades to complete, and my husband and I would like to continue to see what we can do to help him, I wonder if we might try again to see if he qualifies for special education this late in the game? In addition, he is going to be reevaluated to rule out/in diagnoses via psychiatrist or other; maybe the results of that might make a difference as far as being eligible for special education/IEP/504.

    If all else fails, there is the option of pursuing cyber school, but I realize how difficult it is for him to work independently. Two summers ago, he successfully passed an online English course (making up a failed class) but it was very difficult for him to discipline himself to get started and stay on task.


    Any suggestions will be very much appreciated. :whiteflag:
     
    Last edited: Dec 6, 2008
  2. smallworld

    smallworld Moderator

    How did he possibly get placed at an alternative school without an IEP (which is "special education")?
     
  3. maril

    maril New Member

    I don't know the answer but know that difficult child never had an IEP at his home school or at the alternative school. I get the impression and my daughter claims, too, that the home school "weeds out kids with problems" and sends them to the alternative school difficult child attends, and I don't think that it is a step up for my difficult child as far as education goes. Instead, my son claims there to be a negative atmosphere with the at-risk kids and not a great learning enviroment. He really does not want to be there.
     
    Last edited: Dec 6, 2008
  4. maril

    maril New Member

    The above paragraph is in regard to difficult child being able to survive, in case he does go back to his home school; i.e., he may be set up to fail again. Throughout the last five years, there are instances where he has been assisted by the Special Education teachers in classes where they were present (from what I could see) to assist classmates, who had IEPs.

    Maybe difficult child already falls under the 504 category but is not eligible for an IEP.

    I would like to see if he may qualify under "other health impaired."
     
    Last edited: Dec 6, 2008
  5. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    I didn't read all the way thru your post put did you put it writing to the school district to request for determining eligibility and send it Certified Mail? Did they provide you in writing he was ineligible?

    I dont know about your states laws but the Federal Law states these things about them not finding him ineligible:
    § 300.221 Notification of LEA or State agency in case of ineligibility.
    If the SEA determines that an LEA or State agency is not eligible under Part B of the Act, then the SEA must—
    (a)
    Notify the LEA or State agency of that determination; and
    (b)
    Provide the LEA or State agency with reasonable notice and an opportunity for a hearing.
    (Authority: 20 U.S.C. 1413(c))

    The 13 criteria for being determined eligible by federal law.
    § 300.8 Child with a disability.
    (a) General.
    (1) Child with a disability means a child evaluated in accordance with §§ 300.304 through 300.311 as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as ‘‘emotional disturbance’’), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
    (2) (i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§ 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.
    (ii) If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.
    (b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in § 300.111(b), include a child—
    (1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
    (2) Who, by reason thereof, needs special education and related services.
    (2) (i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§ 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.
    (ii) If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.
    (b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in § 300.111(b), include a child—
    (1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
    (2) Who, by reason thereof, needs special education and related services.
    (c)Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows:

    Eligibility definitions.
    (1) (i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.
    (ii) Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.
    (iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.
    (2)Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
    (3)Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child’s educational performance.
    (4) (i)Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
    (A)An inability to learn that cannot be explained by intellectual, sensory, or health factors.
    (B)An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
    (C)Inappropriate types of behavior or feelings under normal circumstances.
    (D)A general pervasive mood of unhappiness ordepression.
    (E)A tendency to develop physical symptoms or fears associated with personal or school problems.
    (ii)Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.
    (5)Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section.
    (6)Mental retardation means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance
    (7) Multiple disabilities means concomitant impairments (such as mental retardation-blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness
    (8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).
    (9)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—
    (i)Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and
    (ii)Adversely affects a child’s educational performance.
    (10) Specific learning disability—
    (i)General. Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
    (ii)Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage
    11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.
    (12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
    (13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.
    (Authority: 20 U.S.C. 1401(3); 1401(30))
     
  6. maril

    maril New Member

    TheOnlyMe: Thanks so much for your time and effort. My son might fall into the categories that include eligibility due to emotional impairment as well as ADHD. Surely, we would need someone outside the school to determine if my son's disabilities may make him eligible; as well, we would probably need to seek an advocate to represent us at the school.

    husband and I have met with some of the "teams" assembled (that is, from difficult children home school district) over the years regarding our son and his academic difficulties in school, and let's just say they are ... formidable. ;)
     
  7. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    You are welcome! ;)That is what I love to do, and why we are here!

    I can search and see if I can find you an advocate in your area but the best advocate is yourself and your son. I have been getting information from http://www.wrightslaw.com/info/elig.index.htm for ten years.
     
  8. maril

    maril New Member

    Again, thank you very much for the references as well as your time spent researching. I am grateful!

    I am going to explore the sites you noted. :thumbsup:
     
  9. Ropefree

    Ropefree Banned

    Hello..My childs psyciatrist called me the lone ranger of Special Education because my adhd learner lowest IQ scores was. 90.
    The evidenced tests are one of the critiria for FAPE IDEA IEP. If any one of the IQ are 30% below the average that can be the in.
    It is a new way to get the teachers added the matter that indivigule learners do need. And it is so sad that parents need a lot more than a pamplet waved in their face in a room crowded with teachers and administators and behavor specialists and conselors ect. EVen after years it is bewhildering to get the avenues that are there to open and water the garden of your learners stregths.
    What does your teen want?
    THere is alot available and I applaud you for taking the initiative and getting the help asap and as long as possible. IEP is great and will help. After those are outgrown the 504 has alot to help too for college and workplace.
    People tell parents that the boys, especially, will grow out of it.
     
  10. maril

    maril New Member

    Hi, Ropefree. Thank you for your input. :D I did a Google search and found fapeonline.org and there looks to be much information there.

    As far as what my son wants, he claims he wants to succeed in school but really would like to go back to his home school to continue with his required courses; as well, he attends a vocational technical school but I am not sure how he feels about continuing with that.
     
  11. Sheila

    Sheila Moderator

    I agree that you need to find an advocate to help you with-this. I hope the contacts above prove fruitful.

    They are warehousing your child. Alternative schools are typically for kids with-behavioral problems.

    You do need to request an evaluation in writing and via certified mail. There are sample letters in the Sp Ed 101 Archives forum.

    Welcome to the forum!
     
  12. maril

    maril New Member

    Thanks for the information and the nice welcome, Sheila!

    Yes, I think warehousing is the correct word here. It is discouraging.

    I know it is really not relevant for me to mention at this point in time but I truly have been looking out for and following this kid closely since he was in preschool. Now, after being a mom for quite some time, I am doing the "hindsight is 20/20" thing.
     
  13. Ropefree

    Ropefree Banned

    Marilynn: The advantage of getting all the help through graduation and really getting an evidenced based support plan for his educational needs now is that the 504 provisitions and a transition plan for college, tech school, and work
    give him and those who are involved the support tactics to achieve academic excellance and to meet his goals in a manner that is smooth for him.

    Adhd coaches are what I think will ultimately be a key for our learners and the benefit of teaching our boys, especially, to seek help and to talk to specialists is that then they are learning to engage in relationship that is centered on self acceptance.

    When it comes to the classic issues for adhd the fact that he may always or occationaly need outside prompts to stay on course: that is why men in general have secretaries and spouces, like globally.

    I say boys especially because talking is a challenge for males in general and it does not one wit of good for boys and men with these needs to lack available help.

    ANd when I mentioned that people say that they 'grow out of adhd' as not all do leave it behind like an outgrown set of shoes. A parent is often needed to negotiate the mazes that have yet to come up.
    :D
     
  14. Sheila

    Sheila Moderator

    Another good site you'll want to check out is www.wrightslaw.com .

    I wish for all the kids out there that your situation is limited, but it's not. Way too many slip through the cracks.

    Sds should be experts in identifying children who needs special services, but primarily due to the almighty "budget," they seem to spend more time trying to disqualify a student than qualifying them.

    Of course, most of the people who find this board only do so after sheer frustration of their kids not being educated in an appropriate environment so we tend to see some of the worst cases of school district neglect.
     
  15. maril

    maril New Member

    Agreed, and, oh, so important in helping our kids learn strategies to cope and someday be self-sufficient adults.

    I appreciate the points you made.
     
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