? for a friend

Discussion in 'Special Ed 101' started by lordhelpme, May 24, 2007.

  1. lordhelpme

    lordhelpme New Member

    she had a mtg a few wks ago with-sd about her son. at the beginning of the yr they told her to get him some therapy or next time he acts out at school we might have to call the cops. he is 7 yrs old.

    well she has been asking for testing for 2 yrs and of course it was never in writing.

    she has a diagnosis of Obsessive Compulsive Disorder (OCD) and adhd from psychiatrist but the school told her he does not qualify for iep.

    wth? once diagnosis isn't he at least eligible for 504?

    i gave her the number to my advocate but was wondering what advice you gals had.
  2. Martie

    Martie Moderator

    The SD WOULD be in violation of the law if your friend had JUST MADE HER REQUEST by CERTIFIED MAIL last fall. (I need a macro--I think I have type CERTIFIED MAIL ten tiemes in the last two days.) THERE IS NO OTHER WAY to control SD such as this one--and even then, it's hard.

    SD only want to "hand out" 504 plans because they will not (usually) do anything because of the existence of one. Also parents have no rights except in Federal court and that is a hard row to hoe, Winkelman notwithstanding.

    In order to get ANYTHING, 504 or IEP, he needs an evaluation done by the SD. THEY MUST do this in 60 days or show cause before a hearing officer why they do not have to. They can't win this one because they ALREADY told her to get therapy for him. Therefore, they have "reason to know" he has a disability. That alone kicks in a BUNCH of IDEA protections.

    I get upset when people trust what they are told by SD personnel who lie deliberately....tell her to write the letter, send it CERTIFIED MAIL and yes "summers count" if the SD administrative office is open.

  3. Michellenurse0

    Michellenurse0 New Member

    I totally agree with Martie, I was lied to by the SD and given a
    "504" to shut me up. Only to my surprise did I find that a 504 isnt even followed by the teachers because they have "too" many to read. My friend is a teacher and she said she gets like 45 504s and is she really supposed to read all of them? OH MY. I put in writing a request for testing and when my difficult child tested on a superior intelligence level they told me he wasnt eligible for classification. I filed a grievance , and had social workers write letters stating that his ADHD with ODD, anxiety and other issues leads to his poor grades. He had to fail terribly too. Fight all the way dont let the SD say she cant be classified. Go for the other health impaired.
    scroll down in that link and read classifications of other health impaired

    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, and sickle cell anemia; and (ii) Adversely affects a child’s educational performance You have the right to an impartial hearing if you feel the SD is just blowing you off. Trust me it took 3 years to have him classified. Start now it will be worth it in the end. Im going for my IEP next week , we are having behavioral issues now too. Good luck