Need Quick Help

[Want2Learn]

Last week, I sent a letter requesting that my daughter be evaluated for Special Education. services and today the school sent a "Permission for Testing" form home. On the form the Test Names listed are: K-BIT2, K-TEA2, and Speech and Language Screening. I'm confused because when I googled these tests, they don't seem to address her problem of declining grades and behavior problems due to the ADHD and anxiety. Is this also where the Functional Behavior Assessment should be listed? If so, should I go ahead and add it before signing it?

I also spoke to the Special Education teacher who handles all the parent requests today and she brought up the fact that my daughter failed her vision exam and her grades are ok and that this may cause her to be denied special services. I explained to her that I am planning to take her to the eye dr. for glasses and that her grades are declining and behavior is a big issue. It seems like they are already trying to discourage me or perhaps they have their minds made up before they even evaluate.

Anyway, I'm rambling a bit, but my main question is...are there any other tests that I should request? I told her I'd have the form turned in tomorrow.

Also, if she "does well" on these tests can they still determine that she does not need special services even though she has a diagnosis of ADHD and anxiety along with declining grades and numerous behavior problems?

Thanks in advance,
Jen

 

[Sheila]

What grade is your daughter in and how old is she?

 

[Want2Learn]

Sheila,
She's in 4th grade...10 y/o.

 

[Want2Learn]

bumping for suggestions, please.

TIA,
Jen

 

[Martie]

Jen,

Components of a full case study evaluation are written into law. ALL areas of suspected disability must be evaluated. This would include behavior in your child's case. However, RtI is changing the landscape somewhat, however.

The SD has 60 days from the receipt of your certified letter to complete the CSE, but in the mean time, they can do curriculum based assessment, or classroom observations, etc. These may be good and very helpful, but are not a full case study evalaution which is what is need to qualify a child for Sp Ed.

At the moment, I do not have access to the link in law for you, but if Sheila sees this, she can probably pull it up easily. However, I KNOW I am correct here without looking up the citation.

Further, it is no longer legal to use a discrepancy formula to determine eligibility. I would focus on behavior since it is TOTALLY independent of both intelligence and grades. Be careful about the "declining" language. Unfortuantely, current law "waits for failure" and a decline may not be sufficient. However, that does not mean a child literally has to be failing across the board to qualify. Your child needs the protection of an IEP as well as the services it might offer.

Best,

Martie

 

[Want2Learn]

Thanks Martie,

So I should just focus on the behavior affecting her ability to learn? When I talked to the spec. ed. counselor today, she told me that she was "being honest" with me in saying that difficult child may not qualify for special services because her academics are strong based upon her records. I'm already fighting an uphill battle, and they've not done ANY evaluations yet.

She also mentioned that they no longer do IEPs for behavior problems only, but that difficult child "might" qualify under OHI, because of her anxiety. She's already taken a defeatist attitude.

 

[Martie]

Unless your SD s not in the U.S., Federal law still applies to them....EBD is a category which they must provide service for...Disproportionate anxiety is a qualifier under EBD....

What you need is behavior (or a feeling that translates into behavior, such as anxiety) that interferes with learning. If difficult child's grades are still C or better, do NOT focus on the declining trend. in my opinion you will not get qualified. Focus on the BROADER purposes of school, i.e., socila emotional development, making friends, getting along with teachers and peers, etc.

Behavior or emotional problems ONLY do qualify been there done that with my kid and lots of others...he had NO acaemic problems at all when tested, but every problem with performance in the above areas...Your child needs services...Go for it.

Martie

 

[Want2Learn]

Thanks Martie! If she is denied special services after their evaluations are done, what should be my next course of action? In reading the procedural safeguards I understand that I should ask for an IEE. Am I understanding that correctly? When I asked the spec. ed. teacher this, she said "Let's not jump ahead of ourselves" She's the one that was "being honest" in saying my daughter might not qualify.

Oh, she also said an IEP would not prevent her from getting suspended. It was to my understanding that it would if the behaviors result from the disability. In my daughters case saying disrepectful things "impulsively" to her teacher. (Her disrespect is what's gotten her suspended in the past.) I'm strongly convinced thats directly related to her disability.