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Special Ed 101
Transition to 504 Likely?
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<blockquote data-quote="Martie" data-source="post: 5723" data-attributes="member: 284"><p>Sheila got in ahead of me as I was writing this LOL.</p><p></p><p>There is a new piece of IDEA 2004 that is important to this discussion:</p><p></p><p>I got the citation: 20 U.S.C. 1414(a)(2)</p><p></p><p></p><p>You can agree with SD to waive the triennial re-evaluation which at first I thought would be a BAD idea in all cases. </p><p></p><p>Some SD will look at the educational scores only and find "no negative impact" on educational functioning thereby missing the risk factors and dependence upon the environment that you are concerned about. I know someone who waived 3 year re-evaluation bec. the very advocacy oriented school psychologist told the mom that if the child tested "too high," Special Education services (that he REALLY needs due to BiPolar (BP)) would be pulled. The parent followed the advice and the kid still has services. I think your situation is similar in that you have a hard time showing negative educational impact" in a child who is "at grade level" (or at least getting very good grades) but could slip quickly if the environmental supports were pulled.</p><p></p><p>I am not as good as Sheila at pulling up specific chunks of the law but I know I am correct on this one. If this appeals to you (difficult child does not really need to be put through an evaluation., he still needs some support but lets hold off until the next natural transition, etc.) then you should go to the meeting with the law in hand because I KNOW lots of SDs who think they must evaluate triennially (because this used to be the law.)</p><p></p><p>in my opinion if the SD pushes very hard for a re-evaluation despite your willingness to waive it, then they probably are going to use it to find him ineligible and discontinue his IEP. If that happens, MAKE SURE they conduct a full evaluation, especially one that taps into social-emotional maturity, pragmatic language usage, and any other spectrum type behaviors that could be there still despite his marked improvement. If those are found, then immediately ask for a 504. Nothing should happen immediately (except waiving) because they have 60 days to evaluate (during which time his services cannot be changed without your consent.) The strategy I would use is IF they wont waive (assuming you are willing to) then I would want an extremely thorough evaluation, which, of course, is costly and which you can disagree with leading to an IE which is even more costly. I know you dont want of put your son through a lot of hoops and evaluations are stressful, but ANY child with a history of behavior that could lead to exclusion needs the protection of an IEP going into middle school in my opinion both as a parent of a child who was excluded and as a professional.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 5723, member: 284"] Sheila got in ahead of me as I was writing this LOL. There is a new piece of IDEA 2004 that is important to this discussion: I got the citation: 20 U.S.C. 1414(a)(2) You can agree with SD to waive the triennial re-evaluation which at first I thought would be a BAD idea in all cases. Some SD will look at the educational scores only and find "no negative impact" on educational functioning thereby missing the risk factors and dependence upon the environment that you are concerned about. I know someone who waived 3 year re-evaluation bec. the very advocacy oriented school psychologist told the mom that if the child tested "too high," Special Education services (that he REALLY needs due to BiPolar (BP)) would be pulled. The parent followed the advice and the kid still has services. I think your situation is similar in that you have a hard time showing negative educational impact" in a child who is "at grade level" (or at least getting very good grades) but could slip quickly if the environmental supports were pulled. I am not as good as Sheila at pulling up specific chunks of the law but I know I am correct on this one. If this appeals to you (difficult child does not really need to be put through an evaluation., he still needs some support but lets hold off until the next natural transition, etc.) then you should go to the meeting with the law in hand because I KNOW lots of SDs who think they must evaluate triennially (because this used to be the law.) in my opinion if the SD pushes very hard for a re-evaluation despite your willingness to waive it, then they probably are going to use it to find him ineligible and discontinue his IEP. If that happens, MAKE SURE they conduct a full evaluation, especially one that taps into social-emotional maturity, pragmatic language usage, and any other spectrum type behaviors that could be there still despite his marked improvement. If those are found, then immediately ask for a 504. Nothing should happen immediately (except waiving) because they have 60 days to evaluate (during which time his services cannot be changed without your consent.) The strategy I would use is IF they wont waive (assuming you are willing to) then I would want an extremely thorough evaluation, which, of course, is costly and which you can disagree with leading to an IE which is even more costly. I know you dont want of put your son through a lot of hoops and evaluations are stressful, but ANY child with a history of behavior that could lead to exclusion needs the protection of an IEP going into middle school in my opinion both as a parent of a child who was excluded and as a professional. Martie [/QUOTE]
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