Curriculum and adequate yearly progress

[Mrs Smith]

Yes, I've read that article. Interesting and exactly my complaint - how much is acceptable yearly progress? I'm guessing there are no guidelines in NCLB on this issue?

Caselaw is on my side but I don't have the money to hire an attorney and our SD has stopped using measurable data in the IEP's and would never document more than a year's worth of progress anyway. This is an uphill battle I can't win. I'll have to go private.

Do you have any knowledge of Linda Mood Bell's programming or do you know of any good programs for NVLD kids? Thanks again for all your help!

[Sheila]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> how much is acceptable yearly progress?</div></div>

It depends on a child's ability. You should consult with your private evaluator about this issue. Part of what you will want to get from the evaluation process is "gfg is at point C -- what's the plan to get him point F?"

You'll want to know:
strengths and weaknesses
What can he learn?
How does he learn?
What's the best method to teach him?
How much intervention does he need to get him back to grade level within X months/years? 1:1 tutoring targeting Y 1x/wk for 1 hr, 3x/wk for 30 min; etc?
Reasonable expectations, etc.

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">our SD has stopped using measurable data in the IEP's </div></div>

I'm not exactly sure what you mean by this statement, but you can always ask for testing. I believe the 2004 regs restricts parents requests for testing to one per year in some circumstances -- I'd have to check on it.

If you're referring to using measurable goals in IEPs in general, that would be a non-compliance issue:

Section 300.320(a)(2)(i),
consistent with section
614(d)(1)(A)(i)(II) of the Act, requires
the IEP to include measurable annual
goals. Further, § 300.320(a)(3)(i),
consistent with section
614(d)(1)(A)(i)(III) of the Act, requires
the IEP to include a statement of how
the child’s progress toward meeting the
annual goals will be measured. The Act
does not require goals to be written for
each specific discipline or to have
outcomes and measures on a specific
assessment tool. Furthermore, to the
extent that the commenters are
requesting that we mandate that IEPs
include specific content not in section
614(d)(1)(A)(i) of the Act, under section
614(d)(1)(A)(ii)(I), we cannot interpret
section 614 to require that additional
content. IEPs may include more than the
minimum content, if the IEP Team
determines the additional content is
appropriate.

Regulations: Part 300 / D / 300.324 / b

(b) Review and revision of IEPs.

(1) General. Each public agency must ensure that, subject to paragraphs (b)(2) and (b)(3) of this section, the IEP Team--

(i) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

(ii) Revises the IEP, as appropriate, to address--

(A) Any lack of expected progress toward the annual goals described in Sec. 300.320(a)(2), and in the general education curriculum, if appropriate;

(B) The results of any reevaluation conducted under Sec. 300.303;

(C) Information about the child provided to, or by, the parents, as described under Sec. 300.305(a)(2);

(D) The child's anticipated needs; or

(E) Other matters.

I've used Linda Mood Bell's V&V program for gfg; but it was to target some of his language and reading weaknesses. I'm unfamiliar with programs for NVLD.

[Mickey2255]

My 10 year old 4th grade son was testing at the end of 1st grade level for math last spring. After going to Sylvan for 12 weeks, 3 hours per week he was testing at beginning 3rd grade level. The proof is in the pudding - he CAN learn a year's worth of math in a year of education - or less! We are using this at his IEP meeting in a couple weeks to set a goal for math that he will be at the end of 4th grade math next spring - they have almost a whole year to do it and spend about 4 hours per week on math - should be easy, right?

I'm not suggesting you should pay for private tutoring to test our this theory but in our case, school actually paid for the Sylvan because they had him suspended for a total of 19 days...this was to make up for the education he missed that they didn't provide.

Good luck!
Michelle

[Sheila]

A good example Mickey2255.

Really good to hear he's making substantial progress! (It also tells me that the sd wasn't doing their job.)

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> this was to make up for the education he missed that they didn't provide.</div></div>

Also known as compensatory education.

[Mrs Smith]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sheila</div><div class="ubbcode-body"> <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> how much is acceptable yearly progress?</div></div>

It depends on a child's ability. You should consult with your private evaluator about this issue. Part of what you will want to get from the evaluation process is "gfg is at point C -- what's the plan to get him point F?"

You'll want to know:
strengths and weaknesses
What can he learn?
How does he learn?
What's the best method to teach him?
How much intervention does he need to get him back to grade level within X months/years? 1:1 tutoring targeting Y 1x/wk for 1 hr, 3x/wk for 30 min; etc?
Reasonable expectations, etc.</div></div>


I think that's the problem. His most recent evaluation had his IQ at borderline even though the evaluator thought that the ADHD issues prevented an accurate picture of his true potential and she said as much in the 20 page document (which we shared with the district). His first IQ assessment (done by early intervention program) came out average. I'm under the impression that the SD thinks he is making as much progress as he can. I wonder though, if a kid who could make up over a year's worth of progress in one year could really be borderline IQ in the first place?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sheila</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">our SD has stopped using measurable data in the IEP's</div></div>
[quoteI'm not exactly sure what you mean by this statement, but you can always ask for testing. I believe the 2004 regs restricts parents requests for testing to one per year in some circumstances -- I'd have to check on it.

If you're referring to using measurable goals in IEPs in general, that would be a non-compliance issue:

Section 300.320(a)(2)(i),
consistent with section
614(d)(1)(A)(i)(II) of the Act, requires
the IEP to include measurable annual
goals. Further, § 300.320(a)(3)(i),
consistent with section
614(d)(1)(A)(i)(III) of the Act, requires
the IEP to include a statement of how
the child’s progress toward meeting the
annual goals will be measured. The Act
does not require goals to be written for
each specific discipline or to have
outcomes and measures on a specific
assessment tool. Furthermore, to the
extent that the commenters are
requesting that we mandate that IEPs
include specific content not in section
614(d)(1)(A)(i) of the Act, under section
614(d)(1)(A)(ii)(I), we cannot interpret
section 614 to require that additional
content. IEPs may include more than the
minimum content, if the IEP Team
determines the additional content is
appropriate.

Regulations: Part 300 / D / 300.324 / b

(b) Review and revision of IEPs.

(1) General. Each public agency must ensure that, subject to paragraphs (b)(2) and (b)(3) of this section, the IEP Team--

(i) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

(ii) Revises the IEP, as appropriate, to address--

(A) Any lack of expected progress toward the annual goals described in Sec. 300.320(a)(2), and in the general education curriculum, if appropriate;

(B) The results of any reevaluation conducted under Sec. 300.303;

(C) Information about the child provided to, or by, the parents, as described under Sec. 300.305(a)(2);

(D) The child's anticipated needs; or

(E) Other matters.

I've used Linda Mood Bell's V&V program for gfg; but it was to target some of his language and reading weaknesses. I'm unfamiliar with programs for NVLD.

</div></div>

What I meant was that the progress is being measured in vague language like:

GFG will increase his math reasoning and computation concepts and skills to the 5th grade level measured by IEP progress reports/3 times per school year

Baseline: SRA Math Series, Level C, 76% average across all probes

In the past they used to be more specific like go from grade level 4.3 to 5.3 and they broke down the specific skills to be learned. Some of this is probably to cover their bases and some is changes in IDEA laws. I guess it's time for another evaluation to re-assess.

I thought LMB V/V was geared to NVLD type kids who focus on details but not the gestalt? After that they recommend OCN math.

I'll have to call for more details. Thanks again for all your help Sheila.

[Mrs Smith]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mickey2255</div><div class="ubbcode-body">My 10 year old 4th grade son was testing at the end of 1st grade level for math last spring. After going to Sylvan for 12 weeks, 3 hours per week he was testing at beginning 3rd grade level. The proof is in the pudding - he CAN learn a year's worth of math in a year of education - or less! We are using this at his IEP meeting in a couple weeks to set a goal for math that he will be at the end of 4th grade math next spring - they have almost a whole year to do it and spend about 4 hours per week on math - should be easy, right?

I'm not suggesting you should pay for private tutoring to test our this theory but in our case, school actually paid for the Sylvan because they had him suspended for a total of 19 days...this was to make up for the education he missed that they didn't provide.

Good luck!
Michelle </div></div>

That's great to hear Michelle!

I wonder if the SD would have paid for Sylvan if he wasn't suspended based solely on how far behind he was in the curriculum? I'd love to hear of any parent going against the SD without documented evidence (read: spending money) that your kid could learn if he's taught properly. I doubt there are any and if there are, they're probably lawyers, psychologists or educators. The average joe doesn't stand a chance!

[Mickey2255]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> </div></div>
"I wonder if the SD would have paid for Sylvan if he wasn't suspended based solely on how far behind he was in the curriculum? I'd love to hear of any parent going against the SD without documented evidence (read: spending money) that your kid could learn if he's taught properly. I doubt there are any and if there are, they're probably lawyers, psychologists or educators. The average joe doesn't stand a chance! [/quote]

The advocate I'm working with has suggested we try to write in the IEP exactly that - if he's not meeting his goals by the end of the school year, the school has to pay for Sylvan for the summer so that he's at goal by the end of the summer. Michigan is a disaster when it comes to paying for "most appropriate setting" but in this case, I can document that he is advancing and learning much more quickly at Sylvan than at school. And please don't take this as a sales pitch for them, it's just who we happened to use because it was convenient. I'd bet he'd do better in just about any 1:3 type setting.

Michelle

[Mrs Smith]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mickey2255</div><div class="ubbcode-body">

The advocate I'm working with has suggested we try to write in the IEP exactly that - if he's not meeting his goals by the end of the school year, the school has to pay for Sylvan for the summer so that he's at goal by the end of the summer. Michigan is a disaster when it comes to paying for "most appropriate setting" but in this case, I can document that he is advancing and learning much more quickly at Sylvan than at school. And please don't take this as a sales pitch for them, it's just who we happened to use because it was convenient. I'd bet he'd do better in just about any 1:3 type setting.

Michelle </div></div>

Michelle, is this a free advocate? I like the idea of writing into his IEP that the unmet goal needs to carry over to ESY programming. That's a good one!

I don't see any LD's listed for your son so I wouldn't expect mine to make progress as quickly but at least he would be catching up over time instead of falling farther behind. I think I'll try a tutor instead of an assessment which would probably show the same results as before.

Thanks alot for your input and keep us posted on your IEP meeting.

[Mickey2255]

Well technically she's not an advocate but a mom who is very involved in the politics of special ed and the laws surrounding it. VERY helpful indeed!

IEP meeting is in 2 weeks so I'll be sure to post a follow up!

Michelle