Homeschooling AFTER school

[Liahona]

He tested in the superior range on cognitive (IQ) testing, average to above average in educational testing but his classwork performance is below average.

If he isn't learning and he can learn then they aren't providing FAPE. I've gotten services for gfg1 by pointing out that the test the OT did wasn't what was happening in the classroom. I had the backing of the teacher who provided classwork samples for me. The schools tdoc explained that copying off a paper in front of him and writing something from his mind are two different things. As a team we decided to he needed services even though the testing score was high. Getting testing done through the private medical professionals can give the school more information. And might make it easier to get an IEP for your son. It would also make it easier to explain to them what is wrong. Then it isn't "Just the parents" word.

I think JJJ's idea is a good one. I'd ask the teachers how much time they feel he should be spending on homework and add that to the note. Gfg worked diligently on homework for X mins.

Oh and a standard deviation measures how close to average you are. So if a test score is 85 with average being 100 and a sd of 15 than the test score is 1 sd. If the cut off is 1.5 sd then the test score would have be 77.5 before they would qualify.

[Liahona]

Does FAPE apply to kids without an IEP? JJJ? Did I just steer someone wrong here?

[buddy]

FAPE
All qualified persons with disabilities within the jurisdiction of a school district are entitled to a free appropriate public education. The ED Section 504 regulation defines a person with a disability as “any person who: (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.”

^{This is from: http://www2.ed.gov/about/offices/lis...e-FAPE504.html
where there is more information. Yup, a way to get into special ed. especially specific learning disabilities is to look at the discrepancy between ability (IQ) and achievement (actual school/academic progress)}

[seriously]

FAPE applies to every child in this country. The presumption is that every one is to be provided a Free and Appropriate Public Education. It is the standard against which a given child's education is supposed to be measured.

While the school district may insist that they can "only" consider a disability if it can be measured on a standardized test that shows 1.5 grade levels delay or 1.5 standard deviations below the mean - they are wrong and/or lying to you.

There are a few states that have specifically legislated some rules about determining specific areas of disability - usually speech and language it seems. But federal law trumps state law when it comes to the provision of FAPE which means that those state laws can be legally challenged if they prevent a child from preceiving FAPE.

IDEA has always said that an IEP team has the power to decide a child is

1) a child with a disability and
2) NOT receiving FAPE

and therefore qualifies for an IEP regardless of any testing or common practice or grades. The law requires that the IEP team documents how the team decided the child was disabled in the IEP but that's it. The IEP team is not legally bound to any rules of any kind - if the team can agree on the disability and if they can provide a written justification for their decision then they can determine a child disabled and create an IEP.

But you will never hear any school official tell you this because it would be chaos if there were absolutely no guidelines to follow when deciding which children to assess. Unfortunately, many school districts see these as "rules" and you must force their hand by requesting assessment in writing and insisting they either assess or issue "prior written notice" - which is simply a letter telling you why they believe your child is not a child with a disability and should not be assessed.

As Insane has suggested, many kids "age into" their disabilities at key points in the academic process. At 4th grade, 7th grade and 9th grade the academic demands take a giant step forward. Kids who could get by up until then even if not doing well - suddenly they are floundering because they cannot keep up with the greater cognitive, social or physical demands (or all three).

It certainly sounds like more is going on that ADHD. As Insane said, many kids have language processing problems that really interfere with their ability to process language but you don't notice anything obviously wrong when you talk to them or when they are asked to do easy tasks not under pressure.

I suggest you get an audiological hearing test done (one where they use the sound proof booth) to make sure your son's physical ability to hear is good - this is always the first thing that should be done when there seems to be a language processing issue. it is not CAPD testing but rather just ruling out hearing loss. Even mild hearing loss in one ear can lead to academic problems so it is important to do this and not rely on the school's very primitive hearing tests or the screening ones done by pediatricians.

If he is struggling that much and his teachers know it, the school should have called for a 504 meeting to review the 504 and consider whether he needs additional supports and/or special ed. At the minimum you need to call for a 504 meeting to be held in the next couple of weeks.

Don't wait for that though. If I were you I would write to the school and document your concerns, the degree to which you are helping your child at home and request that he be assessed for special ed. if you request assessment now in early October you may get an IEP in place by March. If they call and tell you "oh no he has a 504" just say no, I'd like him assessed for special ed. Do not argue with them and do not agree. Just be clear and firm.

It's important to document the amount of help he is getting at home because this is a factor that the IEP team is supposed to consider when deciding if he is a child with a disability for the purposes of an IEP. The fact that he is still struggling despite hours of help from you is strong evidence that he is not getting FAPE with his current placement. "Placement" is not a physical place. It is the combination of services, supports and modifications that are described in an IEP and that the school is legally required to provide in order to ensure that a disabled child is getting FAPE.

I suggest you spend your free time reading up on 504's and IEP's on www.wrightslaw.org.

[buddy]

FAPE applies to every child in this country. The presumption is that every one is to be provided a Free and Appropriate Public Education. It is the standard against which a given child's education is supposed to be measured.

So true. Here is another definition...legally as a term it is defined under ADA for special education law.

Free Appropriate Public Education, or FAPE, is an educational right of children with disabilities in the United States that is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA). Under Section 504, FAPE is defined as “the provision of regular or special education and related aids and services that are designed to meet individual needs of handicapped persons as well as the needs of non-handicapped persons are met and based on adherence to procedural safeguards outlined in the law.” Under the IDEA, FAPE is defined as an educational program that is individualized to a specific child, designed to meet that child's unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit. The United States Department of Education issues regulations that define and govern the provision of FAPE.To provide FAPE to a child with a disability, schools must provide students with an education, including specialized instruction and related services, that prepares the child for further education, employment, and independent living.
http://en.wikipedia.org/wiki/Free_Ap...iate_education

The individual terms in FAPE are also defined in a parent friendly way on this site so feel free to copy it and bring it to the table if ever needed.

Not to mention No Child Left Behind, which applies to all students in public schools does impact special needs situations, lots of info on Wrights Law and other advocacy sites about this.

And it is also absloutely true too that if a child needs services there can be a team over-ride of criteria. As said, it requires them to document the reasons why standardized testing did not reveal the need etc. but all that can be done and I have personally been in on a decision like that when I worked in sp. ed. For sure can be done.