get my ducks in a row

[Ktllc]

Met with devel. pediatrician this morning and he warrants seeing a language pathologist. The problem: no agency comes to our county and the local hospital is just not qualified for social communication issues in children (what I suspected and confirmed...).

Now, it is crucial for our school district to step up and do their job.
After talking to our local advocacy agency, the lady assured me that the SD had to take into account the new data (private psycho-educational evaluation) and that V does indeed qualify for services and IEP.
She said that NC law grants access to Special Education automatically if there is at least 15 points discrepancy between IQ score and one other area.

In V's case: full scale IQ is 99 (96 verbal, 103 nonverbal).
Communication is 79.
Visual-spatial is 84.
Socialization is 83.

That is just for the standard scores, but 2 areas have at least 15 points, one area has 14 points.
A lot more areas are below average, at risk or clinically significant, but I'm not sure how they would relate to that 15 points discrepancy law...

Has any one heard of that law?
Is it really a garanteed IEP?

Of course, the school district never shared the existence of that law with me. All they said is there need to be 30% delay in one area or 25% in 2 areas.
So if I go by percentage of delay, his communication is at 21 months which is 62% delay.
Once again: automatic IEP/services??

I also know that the delay needs to directly affect his education.
To me, it is a given that such a severe social communication delay will/does impact his learning.
What should I answer if the SD tells me it is not related to his education?? (I have no doubt they will use that trick)

ANY help and imput welcome.

 

[TeDo]

Replying with, "If his communication is THAT low, how can he appropriately tell anyone he doesn't understand an assignment and WHY. I don't know of any 2 year old that would be able to do that. Do YOU?" sounds good to me.

Yes, those things should help get an IEP. I do see the SD (mine did it!) trying to talk you out of it. Make sure the advocate is THERE with you!! Do NOT go it alone....the SD will walk all over you. And, no, the SD isn't going to tell you anything that YOU can use as ammunition, law or not. They will try to get away with a lot of things and if it's not in writing, it never happened.

Good luck!!

 

[buddy]

To get an IEP, the child has to qualify under a disability area. Each disability area has a checklist of criteria for the child to qualify. Some are based on medical diagnosis (Traumatic Brain Injury (TBI) for example) and how it impacts the child either thru adaptive scales and or standardized tests. It is different for different areas of disability. My understanding is that individual states can set their criteria as long as they dont make it tougher than federal guidelines.
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for example: here is the MN entrance criteria for autism (will be similar anywhere but sometimes little differences): https://www.revisor.mn.gov/rules/?id=3525.1325


speech and language disorders would be like this: https://www.revisor.mn.gov/rules/?id=3525.1343

early intervention 3-6 years: https://www.revisor.mn.gov/rules/?id=3525.1351

I found this but I did not search for the specific entrance criteria...usually there is a simple sheet that spells it out and each sp. ed. provider would have the school district manual. You can ask for the specific entrance criteria in the office of Special Education. http://www.ncpublicschools.org/docs/Easy Child/policy/policies/policies-62010.pdf

I hope that helps...

 

[Ktllc]

I have been reading quite a bit, and I'm still wondering if I should wait before entering a fight.
I want V's case to be rock solid so I don't get any BS.
The diagnosis social communication delay was diagnosis per parent report but the doctor made sure to include that it was indeed consistent with his own observations.
Now should I request a speech language evaluation specifically when I call IEP meeting (if school judges doctor report to be insufficient and not what they obeserved during their "lousy" multidisciplinary evaluation) OR
get V evaluated through private Speech Language Pathologist (SLP) FIRST and then call IEP meeting ??

 

[buddy]

I can't remember if they did an Speech Language Pathologist (SLP) evaluation already? Did they?

At this point, I wonder.... IF they HAVE done the Speech Language Pathologist (SLP) testing and the evaluation is complete, then you have a right to disagree with the evaluation and to request a complete independent evaluation paid for by the district.

Now of course they ARE paid by the district. BUT really if there are few options for the district to go to, then they may not be very worried about being perfectly honest and to do a good job (I actually have not met an independent evaluator who just played the school party line...usually they back the parents if there really is an issue.... in the cases I have been a part of, and I except in one case, was always glad) I know all areas are different in this respect.

So, given the data you have I believe you could really first make a case for them to consider it, and then if they refuse, insist on an independent evaluation. they are going to be better off giving him services by the time this is done. Afterall, the therapists are on salary and already seeing kids. They are already working those hours. They would get more pupil monies if your son IS identified so at this point I get frustrated to say it would cost the district more to get him on an IEP. He does not have a disability area right now that is going to be a big bucks problem for the district. He would just be added to the case load. But if they argue and have to hire independent folks and have to go to mediation or whatever.... yeah, that costs money and you are not the parent to give up so they really should suck it up now! (Ok that is my fantasy for you, I admit)

Do you have a chance to get an advocate? I think the woman you talked to should be able to hook you up with someone who can help you sort through all of this. Sounds like that may really be beneficial. You might need to get someone further away in your state, that is OK if they are state wide advocates they can phone conference so don't shy away from any organization that is further for them than an in person meeting would allow.

 

[TeDo]

Ktllc, they have 30 days from the date they receive your written request. I, personally, would ask for "a complete and thorough evaluation for Special Education services including, but not limited to, academic, psychological, behavioral, speech-language, and occupational therapy evaluations". AND, in the meantime, work on getting your own evaluations done privately. Then, when their findings conflict with an "unbiased" professional, GO GET 'EM!

 

[buddy]

http://www.wrightslaw.com/idea/law/section1414.pdf

I think federal guidelines are 60 days but each state can make it shorter than that... just not longer. You will have to ask. In MN it is 30 days. :difficult child:

 

[TeDo]

Thanks for clarifying that for me Buddy. I forget that each state can also have their own timelines...as you said that are more strict than federal.

 

[Ktllc]

You know the "funny" thing? My SD goes by a 90 day guideline...
This whole experience with them is just a joke!
I am waiting on a couple things yet (Letter from devel. pediatrician as of why school accomodations and services are crucial and surgery for his ears next month) and then I go to war.
I think I know what I need, time to act.

 

[TeDo]

Ktllc, find out what the FEDERAL timeline is, print it out, and nail them for violating that by taking too long!! Really do keep track of dates (letter received by them, report written, report received by you, you receive notice of meeting, meeting held, etc). There are Federal timelines for all of this.

 

[buddy]

You know, when I saw this sixty day thing on Writeslaw, I wondered... I actually have read somewhere that it can be 90. THAT is really such an amazing amount of time...fully one third of the school year! I wonder if there was some legislative change somewhere along the line since the 2004 reauthorization of IDEA?? Or maybe they got a wavier etc...

It is totally unnecessary for any assessment to take more than a month. I have assessed kids including observations, transcribing 20 minute language samples and analyzing them, scoring several standardized tests, writing it up etc..... well within a month even if there are school breaks or kids were sick and we had to fight for testing times because all of the school staff wanted to get the kid out of classes for their parts of the test.


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