I.E.P without service?

Masta

Member
Can a child have an IEP without getting "serviced" by the school? Meaning does the child have to receive some sort of service eg: resource class, Speech Language Pathologist (SLP) help in order to have an IEP?

I have been told they have to receive a service to have an IEP.

Can a child have an IEP without getting serviced? I want my son to get accommodations and extra help, but not to be placed in resource or get taken out of class to go see a Speech Language Pathologist (SLP).

We are having his IEP meeting tomorrow and I want to be armed with info. Whenever my kids IEP meetings come around they make sure a representative from the district is there coz no-one in the school seems to know the law.
 

PollyParent

New Member
The "gold standard" for full inclusion is that the child participates fully in the general ed setting. IF there's no need to pull them out of class, then there's no requirement to do so.

The IEP codifies the educational plan for the child. If there are in-class accommodations which work for the child, then those are your services. The GenEd teacher is responsible for the achievement of all students in the classroom under NCLB, not just the non-specialEd kids. If the classroom teacher is able to provide for the child, then that's the end of the story.

On the other hand, I'm not really clear on WHY you would need an IEP if your expectation is that the child will never need an accommodation or any sort of intervention. I think I've just grossly oversimplified your situation, please excuse me. But it's important to know that not all kids need Speech and Language pull-outs or Reading Interventions, for example.

PollyParent
 
F

flutterbee

Guest
Special Education is a service not a place. So, yes, you can receive accommodations without requiring a resource room, etc.
 

SRL

Active Member
There are different levels of services. For instance my difficult child has recieved through the school private speech therapy, group speech therapy for social skills, the speech therapist occasionally helping him or monitoring him in the classroom, as well as some speech goals that the teacher is responsible in the classroom. All are considered services and in most cases would need and IEP.

Some services or accomodations are on consult level only. For instance, the Occupational Therapist (OT) would observe and interact with my son on a regular basis (ie quarterly) but therapy sessions weren't written into his IEP.
 

Masta

Member
My 13yr difficult child suffer from dysgraphia and ADHD plus mild Central Auditory Processing Disorder (CAPD) (background noise problems).

They set goals for him:
1. difficult child will write a variety of purposes as an IEP plan goal, as implemented by the sped teacher, staring 9/22/06enabling progress and addressing his needs in a small group setting, wit minimal assistance, using materials prepared by his teacher, without any current achievement, with evaluation every term, with 90% target achievement completed by 9/21/07
2. difficult child will produce a creative piece of writing, a story, a poem, a personal narrative.

*On his 2006 IEP he was given accommodations, extra text books (they didn’t have any extra so he never got any)
*Special seating (up the front)
*Adjusted grouping (they never did this either)
*Extended Time (handing in homework)
*Minimize distractions (don’t know if they did this)
 

Sheila

Moderator
As indicated above, you've been given some misinformation. Special education can be 100% mainstream.

This all involves FAPE, LRE which involves:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ446.108

``(29) Special education.--The term `special education'
means specially designed instruction, at no cost to parents, to
meet the unique needs of a child with a disability, including--
``(A) instruction conducted in the classroom, in the
home, in hospitals and institutions, and in other
settings; and
``(B) instruction in physical education.


http://www.wrightslaw.com/advoc/articles/idea.lre.fape.htm
What Does the Law Say About LRE?
The IDEA statute and implementing regulations emphasize the requirement to educate children with disabilities in regular classes with their nondisabled peers:
"While the Act and regulations recognize that IEP teams must make individualized decisions about the special education . . . IDEA’s strong preference that, to the maximum extent appropriate, children with disabilities be educated in regular classes with their nondisabled peers with appropriate supplementary aids and services."

Also see Don't children have a right to full inclusion? at http://www.wrightslaw.com/advoc/ltrs/inclusion_right_suzanne.htm
 

Sheila

Moderator
I was digging through the archives for something else and the following caught my eye.

The Least Restrictive Environment Mandate:
How Has It Been Defined by the Courts?

One excerpt: "This digest examines how the concepts of least restrictive environment, mainstreaming, and inclusion have been developed by Congress and the courts. Because Congress has elected not to define the concept of LRE, under our system of government it is left to the courts to shape a definition. There are varying definitions of what constitutes compliance with the least restrictive environment mandate and the concepts of mainstreaming and inclusion.... "
 

Martie

Moderator
Masta,

Sorry to be late on this one:

My easy child (who is now 22) had an IEP in grades 1-3 for "teacher consultation" only. Not only did she never "go anywhere," she never received one minute of direct service. The point was that the consultation was to help the classroom teacher minimize the negative impact of her Central Auditory Processing Disorder (CAPD) on her school experience. It worked. By 4th grade, it was no longer necessary and was phased out.

This may be a somewhat extreme example, but it is perfectly legal, to have an IEP for any sort of support rather than direct service.

Martie
 
Top