Qualified for IEP

[tinasmom]

PurpleAngel -

You can request an evaluation for an IEP based on OHI (other health impairment), which would be Epilepsy. If this can't be done this year, make sure you contact the school right before school starts and set up a meeting to get this started. You'll want to have an IEP in place ASAP when school starts.

[hawke86]

Thanks BuckeyeFan,
I had that done when I was little. I just forgot what they called it. Thanks again.

[brain]

I will be asking for reviews of progress every 3 months for the goals we set. Re-evaluations include all the testing again to see if they still qualify for the IEP.

(2) Reevaluations.48
(A) In General. A local educational agency shall ensure that a reevaluation of each child with a disability is conducted in accordance with subsections (b) and (c)—
(i) if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or
(ii) if the child's parents49 or teacher requests a reevaluation.
(B) Limitation. A reevaluation conducted under subparagraph (A) shall occur-
(i) not more frequently than once a year, unless the parent and the local educational otherwise; and
(ii) at least once every 3 years, unless the parent and the local educational agency agree that a revaluation is unnecessary.50

This is taken from the Wrightslaw book "Special Education Law"

That's pretty much sub-standard in accordance what they're
doing down here. Thanks for the implement of the clarification
of the Law.

However, I was wondering if the "No Child Left Behind" Law also
had some revisions, amendments, et cetera - pertaining to the
Special Education Law (the NCLB Law is a NEW Federal Education
Law); I'd be very curious and snoopy and have a look into there
and see what's in the books: and if anything can be snatched from
there (aka loopholes ---> gotta love it!) that can be slapped on to
the Special Education!

[tinasmom]

Brain -

These are the changes to the NCLB law that I found on the website:

5. Changes in NCLB

Requires the development of science standards by the 2005-06 school year.

Maintains 1994 ESEA requirement for assessments in reading and math at three grade spans (3-5, 6-9, 10-12) through the 2004-2005 school year. Requires annual assessments in reading and math for grades 3-8 beginning in 2005-2006, with the addition of science assessments in 2007-2008 (but only in same three grade spans as the 1994 law). Implementation of new assessments may be deferred if Congress does not appropriate specified levels of funding for assessment development and administration, ranging from $370 million for fiscal year 2002 to $400 million in fiscal year 2005. Subpart 1 of Part A of Title VI authorizes $490 million in fiscal year 2002 for formula-based State assessment grants and a related Grants for Enhanced Assessment Instruments program.

Requires reading assessments using tests written in English for any student who has attended school in the US (excluding Puerto Rico) for 3 or more consecutive years, with LEA discretion to use tests in another language for up to 2 additional years. States also must annually assess English proficiency for all LEP students beginning with the 2002-03 school year.

Requires, beginning in school year 2002-03, biennial State participation in NAEP reading and math assessments for 4th and 8th graders so long as the Department pays the costs of administering those assessments.

[skillefer]

Ok....here's the skinny from the special ed. teacher.

504 plan - usually used for students who have an OHI (other health impairment) that can effect the classroom, but who are or could be successful in the regular ed. setting. These must be followed, and a school district can get into BIG trouble if they violate a 504 plan.

IEP - a contract based on federal law that requires that schools provide specific services for the student. Students must show a 22 point discrepency between ability and performance in order to qualify for these services. A school district can get into BIG trouble if they do not follow the IEP.

Both a 504 and IEP must be reviewed annually. However, a parent may request a meeting at any time to review progress or plan at any time. Also, progress reports must be sent home to the parent that tell how the student is doing on their goals. There is also a certain number of days that the school has to respond to a parent request. Also, the school must give you a copy of the parents procedural rights and who to contact if you believe that your child's IEP or 504 plan has been violated. Think of it this way....a 504 plan or IEP are essentially federal education contracts between the parents and the school. Treat it like a contract. That's what it is.

If you have any questions, or need any outside consultation, feel free to PM me.....I just won't be able to respond at night or on the weekends. But I'm more than happy to answer any questions.

[RobinN]

Very clear and easy to understand, Skillefer.

[CJR]

THANK YOU! Finally, I get it! Now, I wonder why the schools don't make it that clear cut and easy to understand.

[skillefer]

LOL....because administrators don't like having to go to meetings. That and they have a vested interest in letting you remain confused. At my school, we actually offer to read the procedural rights and safeguards to the parents. Most parents decline, but every once in a while we get one who asks us to. Plus, as case carrier, it's my responsibility to explain anything the parent does not understand. Once I'm a case carrier, I'm the advocate for the child, and the agent of the district. Puts case carriers in a sometimes precarious position. But the good ones will be willing to go the extra mile and face down the administrators for you.

[rannsummers]

I am new to this web site. I looked for it specifically because my 5 year old has seizures and started kindergarten. When she does have seizures she becomes paralyzed on her right side, and she is right handed. The school system told me that she did not qualify for an IEP, the pediatrician told me she automatically qualified for an IEP because she has seizures. Absolutely none of the administration is helpful AT ALL! I feel like this is their job, why can't they just do it. It's not as if I am asking them to change the oil in my car, or some other job they are not trained for. I finally got them to have an IEP meeting after I cornered the simple partial ed teacher in a meeting with the special education board, and they heard. Now I've been told to be prepared to come in fighting. I don't understand why that is even necessary, what is wrong with these professionals who specialize in teaching and helping, that they can not see how obvious it is that a brain disorder would cause cognitive functioning problems! I am so frustrated. Thanks for any and all advice. And thanks for listening. Rebecca