I don't know where to begin

[Jemma1028]

My son (9) has been doing okay at his current school. He has an IEP and a BIP. We always bring his psychologist to his ARD meetings, at our expense, to help out the teachers at his school with any questions they might have about his diagnosis's. He is diagnosis'ed with ADHD, Bipolar and Obsessive Compulsive Disorder (OCD). We had a meeting with all staff before school started so that we could get things off on the right start for him as he does not transition well. I thought we were all on the same page. But on the second week of school something happened and it has all seemed to fall apart.

My son decided that after resource class he was not going to go back to his regular ed classroom. He said he didn't want the teachers to yell at him anymore to do his work so he hid his backpack behind a trashcan and hid in the playground. No one noticed he was gone for 30 minutes. When the realized he was gone the Principal, AP, resource teachers and coach all went searching for him. When they found him he began to run from him and at one point tried to escape through the gate. This scared every one greatly. No ONE ever called me until after the incident was completly over. The resource teacher was able to talk him into coming to her. He spent the next hour in the AP's office which is his "safe place" to go. He knew what he did was very wrong he just said it all got out of control and he didn't know what to do once he made the initial decicion to hide.

Now they are wanting me to fill out papers to do "Consent for Psycological Consulation". I dont understand. I take him weekly to Texas Childrens Hospital for psycological services and weekly for Occupational Therapist (OT) services. The school all knows his Psychologist and speeks with him regularly. This consent gives this person the right to view his education folder, previous assessments, teacher reports and will also give them the right to come observe him in the classroom. It says it may also include interviews with professionals outside of the school community. It may also result in reccomendations for further evaluation or possibility for a change in placement.

I want my son to stay in this school. THIS WAS ONE INCIDENT! His first one. Do I have the right to deny them this evaluation? What do I do? I called the school and they said they had to do this because he tried to escape school grounds. It is just PROCEDURE.

What do you think? What should I do? I know he is a difficult child but we have been so accomodating to the school. And now this?

 

[Sheila]

It's the school's responsibility to make sure your child is safe. I'm sure this incident unsettled the staff.

Yes, you do have the right to deny their request. I'm not sure I would agree to a psychological "consultation." With your child's diagnosis, I'm wondering if they did a psychological evaluation when the sd originally evaluated for IEP eligibility or during a reevaluation?

 

[Babbs]

Jemma,
when you mentioned change of placement, did the school staff discuss with you that it may be a change of school? Or is that how you are interpreting the statement on the consent for evaluation?

Change of placement is educational jargon for changing where the student spends the bulk of time in his educational environment. It does NOT mean change of school automatically. If the evaluation were to show, for example, that spending more time in the resource room would be better for him, changing that time on an IEP is considered a Change of Placement.

For example, if your student spends 80-100% of his educational time in the general education classroom, and the evaluation shows that he may benefit from spending 40-79% of his time in the resource room (e.g. more small group instruction in a quiet environment verses a paraeducator in his general education classroom) this time change is considered a "Change of Placement." Anytime WHERE a child is physically spending his time for the purposes of his educational needs changes on an IEP, then an evaluation to demonstrate a need for a "Change of Placement" is legally required.


It sounds as though the school has some information gathering it needs to do and is wanting some outside help to do so. Legally, for any school staff or someone consulting for the school staff, to do a records review or observation MUST legally have parental consent. It sounds like the school district may have a policy and procedure in place of what needs to happen in order to cover their butt liability wise.

If I were in your position I would want to do several things:
1. Call an meeting of the IEP team to discuss this occurance.
2. Why did he not go back to the regular ed classroom? Has the principal, AP or Sped Teacher observed the classroom to find out how he's fitting in there?
3. Is the team following his existing IEP and BIP? If not, that needs to occur prior to any further evaluation or changes.
4. Contact the district office and find out what the policy and procedures are - is it district wide or this one school trying to save their ?
5. I wouldn't sign consent unless I felt that after gathering the above information gave me an indication that he may do this again and that changes need to be made to his BIP or LRE for HIS benefit.

 

[Jemma1028]

Sheila,
A psychological evaluation was never done on my son during his initial evaluation or any time during a re-evaluation. When I came to this school I brought with me testing done by an Educational Psycologist (done just two weeks prior) and all of his paperwork from Texas Childrens from the last six years of his life. They did some testing to see what grade level he was on because I had been Homeschooling him for a year.

He is in the maximum amount of time he can be in the resource room. Three hours a day. This school has no other form of assistance to special needs kids. Beyond three hours a day of resource time he would have to be transferred to another school more equipped to handle him.

 

[Sheila]

As Babbs indicated, placement isn't a "place" -- it's the services, accommodations, etc., outlined in the IEP.

He is in the maximum amount of time he can be in the resource room. Three hours a day. This school has no other form of assistance to special needs kids.

I don't know the circumstances, but the above doesn't sound right to me. An effective IEP doesn't mean removing a child out of one predesigned curriculum and putting the child into another predesigned curriculum.

You might want to do some reading on LRE requirements at https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf . The following is only one excerpt.

Section
300.114(a)(2), consistent with section
612(a)(5)(A) of the Act, requires that, to
the maximum extent appropriate,
children with disabilities are educated
with children who are not disabled, and
that special classes, separate schooling,
or other removal of children with
disabilities from the regular educational
environment occurs only when the
nature or severity of the disability is
such that education in regular classes
with the use of supplementary aids and
services cannot be achieved
satisfactorily.

Somewhere in the regs it also reflects that a child with a disability should be educated nearest their home school unless there are extenuating circumstances.

I just posted the following reevaluation information in klmno's thread, so cut and pasted it here also.

Private or school district evaluation reports can recommend IEP eligibility and the IEP team can deny eligibility. Likewise, an evaluation can be written to say a student doesn't qualify for an IEP and the IEP team can deem the student eligible anyway if they feel s/he falls into one of the eligibility categories.

A school district can accept a private evaluation report in total, or they can request to perform their own. A private evaluation does have to be considered by the school district.

300.300 addresses Parental Consent
http://idea.ed.gov/explore/view/p/,root,regs,300,D,300%2E300,

(c) Parental consent for reevaluations.

(1) Subject to paragraph (c)(2) of this section, each public agency--

(i) Must obtain informed parental consent, in accordance with Sec. 300.300(a)(1), prior to conducting any reevaluation of a child with a disability.

(ii) If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures described in paragraph (a)(3) of this section.

(iii) The public agency does not violate its obligation under Sec. 300.111 and Sec. Sec. 300.301 through 300.311 if it declines to pursue the evaluation or reevaluation.

(2) The informed parental consent described in paragraph (c)(1) of this section need not be obtained if the public agency can demonstrate that--

(i) It made reasonable efforts to obtain such consent; and

(ii) The child's parent has failed to respond.

(d) Other consent requirements.

(1) Parental consent is not required before--

(i) Reviewing existing data as part of an evaluation or a reevaluation; or

(ii) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.

(2) In addition to the parental consent requirements described in paragraph (a) of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent's refusal to consent does not result in a failure to provide the child with FAPE.

(3) A public agency may not use a parent's refusal to consent to one service or activity under paragraphs (a) or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part....

(Authority: 20 U.S.C. 1414(a)(1)(D) and 1414(c))


If you decide to consent to the reevaluation and do not agree with it, keep in mind that you can request an IEE.

 

[Babbs]

Jemma,
one question I have: has the school tried giving him paraeducator support in the general education classroom as part of his special education time? If the sped ed is occurring in the general education classroom, that does not count towards time in a special education environment. Does your son receive any Occupational Therapist (OT) services or psyche or counseling services at the school?

 

[Jemma1028]

My son is pulled out of the regular ed classroom and sent to the Special Education classroom for approx. three hours per day. He did not qualify through HISD for Occupational Therapist (OT) services so I pull him out of school once a week and take him to Texas Children's for his Occupational Therapist (OT) services on my dime. His psyche services are also done at Tx Children's.

I went ahead and signed the consent form because I was told that the psychiatric evaluation was something they should have done to him upon entering Special Education Services. They never did this. I also requested that he be retested for grade level on all subjects since I think he has now fallen below grade level in Math. Up till now he was classified as at 2nd grade level in writing (in 4th grade) and on grade level for all other subjects, even though he did not pass the Math portion of the Taks test last year and was not given any summer school services this past summer.

 

[Sheila]

I thought the sd requested permission for a psychological consultation. That's not the same thing as a psychological evaluation in my opinion. An evaluation includes actual interview and testing of the child, observing, reviewing medical history, obtaining information from teachers, parents, consulting with difficult child's mental health professionals, reviewing educational records, etc. Results should be presented in a written report.

Glad to hear you requested additional academic testing. What type test instruments did you agree to?

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">He did not qualify through HISD for Occupational Therapist (OT) services so I pull him out of school once a week and take him to Texas Children's for his Occupational Therapist (OT) services on my dime. </div></div>

He qualified for an IEP. Occupational Therapist (OT) is a related service and should be provided. However, I'd be reluctant to force the issue in that they don't want to provide it. Occupational Therapist (OT) is important and needs to be done based on the needs of the child -- not just enough to apease parent.

 

[Babbs]

Jemma, why is your son receiving Occupational Therapist (OT) privately? Is it specifically for fine motor skills which could have an impact on his handwriting or classroom tool use? Or is it for apraxia or dyspraxia?

 

[Jemma1028]

Babbs,
Son is receiving Occupational Therapist (OT) for fine motor skills and dysgraphia(?) is what I thought she said but maybe it was called dyspraxia) which affects his handwriting and for Sensory Integration Disorder (SID) (sensory issues).

Sheila,
The paperwork said "Consent for Psycological Consulation". That is all I know. It did say they would review his education folder, previous assessments, teacher reports and will also give them the right to come observe him in the classroom. It says it may also include interviews with professionals outside of the school community. It may also result in reccomendations for further evaluation or possibility for a change in placement. That is all the paper says.

They have not sent me the paperwork on the educational testing yet so I do not know what tests they are wanting to do. I do know that will have a heck of a time testing him as he is on No medications for ADHD because those interfere with his Bipolar symptoms. He currently takes Equatro and Abilify only. He has a VERY LOW frustration level and rarely makes it through any test.