So now what? IEP?

[totoro]

Well the school meeting went well, I had posted a bit about it under the general forum. The principal, psychologist, K teacher and Special Education teacher were all in attendance. They suggested an AID/Shadow... the psychologist said I think a 504 plan is a good idea. I basically told them all of her strentghs and weaknesses. I also let it be known that all of her diagnosis's and evalls suggest interventions as well as IEP/504 Plans. THe meeting went well I was not defenses and we had a really nice talk...

So I e-mailed the principal and psychologist just to make sure we were "clear" that the school does pay for the aid and that we were going to start the 504 proccess and if there was a problem we could do the IEP. I tried to make it sound as if I was just doing "whatever" and "kind of dumb" and just wanted to help difficult child. So whatever they thought would help the process to run smoother...
Didn't hear back for a couple of days... SO I e-mail just to make sure they recieved it. I then say I talked to difficult child's pediatrician and she thought the aid and iether 504/IEP plan was needed. I also reminded them that we have various treatments plans from the neuro-psychiatric, that could help with all of these decisions, this is the same nueropsych they would would use. I also nicely said I was going to be talking with my advocate regarding what she though we should do and if we needed to start on the IEP proccess I could. I made it all sound chipper and nice... no threats.
So this is the reply today

Hi xxxxx, I did get your e-mail but needed to touch base with our
director about your question on funding. The aide through xxxxx
agency is generally through Medicaid. xxxx has offered to call you to
walk through the steps of our process, and just to "meet" you! When
xxxxxx starts school in September we'll have the opportunity to see
what her needs might be in the educational setting, gathering data for
the first few weeks to determine what accommodations or instruction
would be required to ensure her success, and then meet as soon as a team
again. What would be helpful is to have the various agency reports
available to us, so we wouldn't need to wait for that part of the
process, if 504 plan accommodations are needed. We could either get
copies released from you directly or if we need to contact the various
agencies, you would need to sign release forms for each one, which I can
fill out. Thanks - xxxx

I don't think I should just be sending them my reports??? RIght??? I guess I should just start on the IEP path now. Is that what it seems like to all of you. I know you said so before, but now it really seems like it?!?!!?
Because at first they were concerned with her doing well from day one and now... hmm.
My other question is, now that it is getting towards the end of school, if I start the proccess, will it contine through summer or pick up in the fall? I am just wondering if there is any chance of this being in place by the start of school?
Part of my problem is I am fighting husband and my own stupidity at not wanting to deal with this when I know I need to...
Thanks- I finally see the light

 

[SRL]

That offer of an aide without an IEP in place sounded way too fishy to me. It's rarely offered up front and definitely not before going through the process to determine if a child qualifies for services.

I also note that they keep mentioning 504 only and not the possibility of an IEP.

If it were me I'd formally start the ball rolling with a written request so you have a legal timeline set into motion. I wouldn't specify 504 plan. I also wouldn't send any reports until you have a date on the calendar to meet or a few weeks before the start of school (which ever comes first). Hand deliver copies--don't sign any authorizations for the SD to access her files at various offices.

Question: If a 504 is in place, does the whole timeline/process start over again if an IEP turns out to be needed? It's not a simple matter of just upgrading it, is it?

Time to get going, girl! It's a big pain, but trust me it's a lot worst if you're under the gun with an unstable difficult child and a long district waiting list.

 

[totoro]

Thanks SRL!!!
Yeah I just informed husband... That it is GO TIME! I said if nothing else this will be our practice run for the long future...
I think they (SD) are used to people just doing what they suggest and not having any idea of what their rights are... Luckily I have you guy's and our t-doctor said she can help as well...

UGH. I feel my nerves going crazy... :smile:

 

[SRL]

Often when parents are working towards those first services, they're just relieved to get something in place. Really it should be seen as an opportunity to plan a solid start to their child's schooling, to take advantage of the early intervention years, and to give them as high of level of protection as needed. It's intimidating, especially when working with a district that isn't known as being cooperative or progressive.

 

[totoro]

I think intimidating is the one of the words... The Principal could not prounounce Pervasive Developmental Disorder (PDD)-not otherwise specified... she fumbled it 3 times!!! (persuasive disorder). I have a lot to learn... But feel slightly ahead of the game, thus far.

Thanks for the support

 

[Sheila]

SRL nailed it.

Couple of things. The school cannot give an IEP or 504 without her going through the evaluation process and qualifying as "eligible."

They can, if they so choose, use your private evaluations instead of doing their own. If they want to do this, they will require your reports in total. Also, it's not uncommon for them to pick and choose what they want to agree with from private evaluations -- a no, no in my opinion.

By law the parent doesn't have to be a part of the 504 team, therefore, the student remains at the mercy of the sd. 504's have their place but they are very difficult to enforce, e.g., OCR (504 enforcer) tends to look primarily for procedural violations when a complaint is filed. If the parent doesn't participate in the meetings, where do you get your evidence, how do you substantiate the basis of a claim, etc.? (He said/she said will get you nowhere.)

I strongly recommend that you ask for an evaluation in conjunction with IDEA requirements and via CM. If for some reason she doesn't qualify, then, and only then, fall back on pursuing a 504 plan.

Red flags are flying. Whether 504 or IEP, services are at no cost to the parent. Additionally, arranging funding is for the sd to work out with Medicaid (if allowed by Medicaid) -- not the parent. I am not a big fan of the wait-and-see approach either -- particularly when you already have your evaluations with recommendations. (The sd evaluation process takes 60 - 90 days, if a sd discovers they need to do an additional evaluation it can and usually does push the date further into the future, if parents and sd disagree and an IEE is needed it pushes the the time even further into the future. I have been through this twice with difficult child. Both times I asked for evaluations at the beginning of the school year in August and both times the process was completed the last week of May -- just days before school was out for the year.)

 

[totoro]

Sheila-
Thank you so much!!! I am going to start on the letter tonight. Get it sent via CM ASAP!!!

 

[Martie]

I"m sorry to be late on this.

I agree with everyone AND want tp remind you to NOT communicate via e-mail--you siad it yourself, "I wanted to see if they got it..." they can deny it.

Send you request CERTIFED MAIL and start a good filing system. They either do not know the law or they are putting you on--no IEP OR 504 without an evaluation.

IF they accept your evaluations as complete and correct, they cannot cherry pick them, but as Sheila said, they probably will try. This is why SDs rarely accept outside evaluations as their own. (Different than "having to *consider* them" as they must by law.)

I would not wait--I would get that time line rolling now.

Martie