Does not qualify for the IEP - now what

Discussion in 'The Watercooler' started by Shari, Dec 3, 2008.

  1. Shari

    Shari IsItFridayYet?

    easy child 2's evaluation from school came back that she doesn't qualify for the IEP. I guess I should have waited to make that request a little later into the year and let her teachers see her struggle more.
    She's been in Title 1 reading since she started school, and reads at the 3rd grade level. She's in 6th grade and has no accomodations to help her with homework. They are no longer "learning to read"; she is now expected to "read to learn". And she can't.
    Her core grades are beginning to suffer. She's geting routine D's and F's because she just doesn't get the material. She can bring home a worksheet and the text book, and the answers can be the bolded title headings of each section, and she will miss them every time. She just isn't getting it.
    I fought her mother and finally have her in tutoring 2 nights a week, but its not enough.
    Will a 504 plan be of any help? Can the IEP be appealed?
    She's a sweet kid, but I am afraid this will be disastrous for her - she is starting to hide things again, forging names on failed work; has little self-esteem and seeks acceptance wherever she can find it - and as Marg so lightly put it, she has "round heels" already....I'm really afraid for her future.
  2. jal

    jal Member

    Hi Shari,

    On what grounds do they state she doesn't qualify? If she is stuggling she should be receiving some supports. A 504 is not what you want, because the school doesn't legally have to follow through on the items they put in the 504 and if they are denying her an IEP, you won't get any support with a 504 in my opinion.
  3. susiestar

    susiestar Roll With It

    Go over to the Sp Ed 101 forum and post this and WHY they say she doesn't qualify. I would bet that they can give you better answers and directions for how to appeal this.

    I am sorry they are being such idiots. So much for no child left behind, huh?
  4. klmno

    klmno Active Member

    If you can get her complete neuropsychologist testing done privately and they indicate anything amiss and the tester includes recommendations for an iep in the report, you can probably get the sd to reconsider this decision. The sd's evaluation's usual are not as thoroough as those done privately. You need to get a copy of what the sd tested and the results. I agree, post on the Special Education section and see what some others advise.

    Also, does she have any diagnosis from any psychiatrist or pediatrician?
  5. Shari

    Shari IsItFridayYet?

    They claim she is not having enough trouble to qualify, she is making "steady progress" in the special reading class, therefore, she doesn't qualify for more. This was done at the first of the year, when the classes were reviewing info, and she wasn't struggling as much then, but...true to form of the past 4 years, now that we're into the meat of the year, she's struggling.
    She was diagnosis'ed with ADHD in 3rd grade. It burns my butt because we could have gotten her an IEP then if her mom would have followed thru, but she didn't want to reconvene the team because it involved her dad and I....but I digress. The focus is now on getting this girl some help. I don't know if they took into account the ADHD or not.
    I will get the report and copy their reason verbatim later this afternoon when I have some time.
  6. Ropefree

    Ropefree Banned

    I am so sorry that IT IS so dingy-dangy difficult to motivate teachers to employ the means at their disposal to teach to learn rather than teach to fail.
    My son was given the what I call 'hot potato treatment' where they admire the problems and pass the resoncibilty elsewhere.
    The tests that under pinned my childs IEP were due to the dianosis adhd and the % of differance between his highest medium IQ scores (all the scores averaged together) and his lowest IQ score. This is one measure of qualification for an IEP
    as there is specific areas of learning sharply contrastinf from the average evidenced ability.
    And the self esteem piece has a profound impact on a child who becomes well aware they are not productive at the skills being offered to learn.
    The value of the IQ assessments is it offers the testers and anyone who is looking at the results a window into : HOW THE CHILD IS LEARNING.
    Where the deficits are seen is where the independant education plan then can be constructed to that the learner embraces the techniques to achieve academic excellance using their strengths or in other words differances in learning. For my son the issue was getting the answers out in all subjects.
    What I do is go to the director of the Special Education in the district and ask them questions. Talk to the district psycologist as well. Call the district superindendants office.
    Go ahead and do the paper work for a hearing. REview. What other inputs are needed for them to understand what the learner does need to achieve?
    D and such do not show me teaching efficiency recieved by this child.
  7. nvts

    nvts Active Member

    Hey Kiddo! Impartial hearing could be the answer. I'd check in over on Spec. Ed. with Sheila and Martie.

    In my recent rejection of difficult child 1's IEP, I used the following line:

    We must keep in mind that state and federal law mandates that any child with learning disabilities have access to scientifically based research and methodologies to enable and empower them with the ability to succeed.

    It's fun to throw in Federal laws every now and again! Mooooohahaha!

  8. Jena

    Jena New Member


    I'm so sorry to hear that, what a pain in the butt in plain english. I know here an IEP decision can be appealed. Now, ofcourse a 504 doens't have to be legally followed, yet it's better than nothing at this point I would think.

    Maybe a two fold ask for a 504, and appeal the iep????
  9. jannie

    jannie trying to survive....

    If your child is in 6th grade and is reading at the third grade level that is SIGNIFICANT EDUCATIONAL IMPACT....the progress may be steady, but it is certainly not at the rate of typical she is already diagnosed with ADHD....that to me would be enough to qualify for an Other Health Impaired code....Was this an evaluation meeting? Did the school just complete testing?

    Have IQ scores ever been knowing her scores....the only reason she could possibly not qualify would be if her IQ was in the low range...and therefore she could possibly be working to her "potential"

    something doesn't sound right....I'm so sorry...this sounds very frustrating--I would appeal the you have mediation?

  10. witzend

    witzend Well-Known Member

    Shari, I think you can appeal this decision, but I bet you would get the best answers as to what to do if you posted in "Special Education."
  11. Big Bad Kitty

    Big Bad Kitty lolcat

    Argh! I'm in the same boat as you, Shari. They denied Tink as well.

    It's enough to tick off the Good Humor man.