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Special Ed 101
Help OHI or ED/ grading down
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<blockquote data-quote="Martie" data-source="post: 6802" data-attributes="member: 284"><p>What you need to get an IEP legally is</p><p></p><p>1) A QUALIFYING disability (ED is one; OHI is another; Learning Disability (LD) is a third--there are 11 or 12 named areas in the law.)</p><p>2) There must be NEGATIVE EDUCATIONAL IMPACT.</p><p></p><p>SDs s*c*r*e*w bright kids by using grades only--or even nationally normed tests because by the time such kids actually "fail" they are a mess. Healthy emotional functioning is part of education so it is possible to get an IEP based largely on emotional problems as long as there is a negative impact in school. Someone else asked this question recently--their SD lied and said IEPs were only for ACADEMIC problems; this is not true.</p><p></p><p>I hate to keep going back to my ex-difficult child but in his case the negative impact was SO clear and similar in some way to your daughter. On testing ex-difficult child was very capable. In class, he did not do anything; he also had passive behaviors that interfered with learning (self-deprecating statements, contributing morbidly to discussions, etc.) It is a real show-stopper for a 5th grade teacher to talk about "planning for middle school" and ex-difficult child says, "I hope I'm dead by then." When she took issue, he promptly said, "Everything that is born, dies, so what's the use? I'd rather die now." Do you see why he was never "sent to the office" but nevertheless, this type of depression was interfering with his ability to learn--or even be in school. He had many comparable anxiety issues: things he passively just would not do--no way to budge him. Also not a "send to the office offense" but plenty frustrating and disruptive to learning.</p><p></p><p>The law specifically mentions "abnormal feelings" in normal situations as a qualifier for ED. I know my kid had abnormal feelings and it sounds as if your does, too. </p><p></p><p>You CAN'T let the school use grades as the measure of "negative impact;" the school can manipulate grades any way they want to. by the way, you are not doing qualification any good by getting her grades raised.</p><p></p><p>Sheila has made this point before: we kill ourselves to keep our kids learning, and passing, and they then do not qualify. I resigned from homework when ex-difficult child was in 4th grade. He didn't do itit was a perfect passive resistance: he hated it and wanted to practice all the timeand he did. They knew he "could" do the work or homework in the sense of "had the ability" but didn't do it. They chose not to fail him; but had they failed him, they would have proved negative impact even more quickly. As I said earlier, you couldn't be around him and ignore the ED--our fight was not over qualification but services--what to do for him and when.</p><p></p><p>I think you have set up some things that will make qualification more difficult but not impossible. </p><p></p><p>Does your daughter want to go to school? IS it a struggle to get her there? If so, I would stop struggling and you will have negative impact in spades--just call the school and tell them she won't get out of bed--or whatever, won't get dressed, won't get in the car, etc.</p><p></p><p>This happened with ex-difficult child in 6th grade right at this time of the year: he had a GREAT Christmas with music and refused to go back to school. In fact, he had a 12 hour meltdown the Sunday before he was supposed to go back. I called the Director of Special Education the next morning and said--"do something to stop the bullying and other aversives or he won't come back. I can't get him there." THIS is negative impact. All of the above is based on ED. There was never ANY question he could do the work. His lowest standardized test was in reading which was around the 70th percentile. His math scores were at the 99th percentile. ED is not about how a child tests academically; it is about how a child LEARNS in school or NOT based on emotional considerations.</p><p></p><p>ED is treatable: my ex-difficult child is a success that "proves" that you can "free" an ED kid to use what he has. After EGBS, ex-difficult child never returned to a Special Education environment, never got accommodations, and managed to graduate from high school and go to college. Yes, he got some Ds in English in h.s. Yes, he is not motivated to do all the reading but by that time, I felt that it was his CHOICE (and therefore not ED) but when he was younger, it was not his choice. He could not do the work or benefit from school due to ED. THAT is negative impact.</p><p></p><p>I hope this isn't too long but I get frustrated and unhappy when SDs pull this stuff because I know of many ED qualified kids--my son isn't the only onewho test well academically, but they dont DO well in school.</p><p></p><p>I hope this helps you see how you need to present this to your SD to get your daughter qualified for Special Education which she really seems to need or your problems will get larger in my opinion. I hope they dont but adolescence does not usually improve things.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 6802, member: 284"] What you need to get an IEP legally is 1) A QUALIFYING disability (ED is one; OHI is another; Learning Disability (LD) is a third--there are 11 or 12 named areas in the law.) 2) There must be NEGATIVE EDUCATIONAL IMPACT. SDs s*c*r*e*w bright kids by using grades only--or even nationally normed tests because by the time such kids actually "fail" they are a mess. Healthy emotional functioning is part of education so it is possible to get an IEP based largely on emotional problems as long as there is a negative impact in school. Someone else asked this question recently--their SD lied and said IEPs were only for ACADEMIC problems; this is not true. I hate to keep going back to my ex-difficult child but in his case the negative impact was SO clear and similar in some way to your daughter. On testing ex-difficult child was very capable. In class, he did not do anything; he also had passive behaviors that interfered with learning (self-deprecating statements, contributing morbidly to discussions, etc.) It is a real show-stopper for a 5th grade teacher to talk about "planning for middle school" and ex-difficult child says, "I hope I'm dead by then." When she took issue, he promptly said, "Everything that is born, dies, so what's the use? I'd rather die now." Do you see why he was never "sent to the office" but nevertheless, this type of depression was interfering with his ability to learn--or even be in school. He had many comparable anxiety issues: things he passively just would not do--no way to budge him. Also not a "send to the office offense" but plenty frustrating and disruptive to learning. The law specifically mentions "abnormal feelings" in normal situations as a qualifier for ED. I know my kid had abnormal feelings and it sounds as if your does, too. You CAN'T let the school use grades as the measure of "negative impact;" the school can manipulate grades any way they want to. by the way, you are not doing qualification any good by getting her grades raised. Sheila has made this point before: we kill ourselves to keep our kids learning, and passing, and they then do not qualify. I resigned from homework when ex-difficult child was in 4th grade. He didn't do itit was a perfect passive resistance: he hated it and wanted to practice all the timeand he did. They knew he "could" do the work or homework in the sense of "had the ability" but didn't do it. They chose not to fail him; but had they failed him, they would have proved negative impact even more quickly. As I said earlier, you couldn't be around him and ignore the ED--our fight was not over qualification but services--what to do for him and when. I think you have set up some things that will make qualification more difficult but not impossible. Does your daughter want to go to school? IS it a struggle to get her there? If so, I would stop struggling and you will have negative impact in spades--just call the school and tell them she won't get out of bed--or whatever, won't get dressed, won't get in the car, etc. This happened with ex-difficult child in 6th grade right at this time of the year: he had a GREAT Christmas with music and refused to go back to school. In fact, he had a 12 hour meltdown the Sunday before he was supposed to go back. I called the Director of Special Education the next morning and said--"do something to stop the bullying and other aversives or he won't come back. I can't get him there." THIS is negative impact. All of the above is based on ED. There was never ANY question he could do the work. His lowest standardized test was in reading which was around the 70th percentile. His math scores were at the 99th percentile. ED is not about how a child tests academically; it is about how a child LEARNS in school or NOT based on emotional considerations. ED is treatable: my ex-difficult child is a success that "proves" that you can "free" an ED kid to use what he has. After EGBS, ex-difficult child never returned to a Special Education environment, never got accommodations, and managed to graduate from high school and go to college. Yes, he got some Ds in English in h.s. Yes, he is not motivated to do all the reading but by that time, I felt that it was his CHOICE (and therefore not ED) but when he was younger, it was not his choice. He could not do the work or benefit from school due to ED. THAT is negative impact. I hope this isn't too long but I get frustrated and unhappy when SDs pull this stuff because I know of many ED qualified kids--my son isn't the only onewho test well academically, but they dont DO well in school. I hope this helps you see how you need to present this to your SD to get your daughter qualified for Special Education which she really seems to need or your problems will get larger in my opinion. I hope they dont but adolescence does not usually improve things. Martie [/QUOTE]
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