Why can't we have an IEP??
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Thread: Why can't we have an IEP??

  1. #1
    writermom333 is offline Junior Member Newbie
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    Default Why can't we have an IEP??

    My daughter has been tested three times--kindergarten, 3rd and 5th. Each time I was told that she is considered 'at risk for failure' due to dyslexia and slower processing. They offered a few accommodations, which are not usually followed. I was told that her IQ does not put her in special ed and that she does not qualify for an IEP, so the accommodations are not legally enforceable. She has struggled all these years and is now in danger of failing 7th grade completely.

    We will be homeschooling for math and science next year and she will take LA and history (her two best subjects) at the junior high. I don't understand why she can't have an IEP. Should we test her again?
    The last testing was done by an outside psychologist, hired by the school because I threatened to sue. It was very thorough and accurate, but still no IEP.

    Full time homeschooling is not an option.

    Advice welcome!
    Debbi

  2. #2
    laylateacher is offline Junior Member Newbie
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    Hi, Debbi,
    I'm so sorry for your frustration. I have been a special educator for 17 years, and I have a son on an IEP, so I will try to help a little. Regarding the question about why your child doesn't qualify for an IEP, there are strict rules about what qualifies a student for an IEP, and it has to do with statistics. Students have to be performing "significantly" below expectations to qualify for special ed.--2 standard deviations below, in fact. Statistically speaking, 2 standard deviations is usually 30 points on an achievement test. If your daughter was given an IQ (cognitive) test, and she was also given an achievement test, the overall scores would have to be 30 points apart (with IQ being the higher number)to qualify her as having a learning disability. For example, if her IQ is 110 and her achievement score in math or reading is 80, she could qualify as having a learning disability in that area (note that the average score on these tests is 100).

    If her IQ and achievement are BOTH at least 30 points or more below the mean (100), then she could qualify as having a developmental disability (mental retardation).

    Recent legislation has made it so that some students who do not meet these requirements can still qualify as having a disability. The legislation is regarding "Response to Intervention." That is, if your daughter is not doing well in school, the school must put research-based interventions in place for a period of time. If she does not "respond to interventions," then the team can decide as a group that she should qualify as having a disability. I live in Ohio, and Ohio's Evaluation Team Report (ETR) form explains this process on page 8 (section 3): http://education.ohio.gov/getattachm...tatic.pdf.aspx

    To get your daughter's school to use the Response to Intervention (RTI) process, you will first need to request an Intervention Assistance Team (IAT) meeting. You can also look online for your district and your state to learn more about the RTI process. Wrightslaw.com also has a lot of good info on RTI--here is their factsheet with legal information: http://www.wrightslaw.com/idea/art/rti.hale.pdf

    I hope this helps, and I wish you the best!!

    -Layla
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  3. #3
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    Hello,
    I am new to home schooling and I have a special needs son. He has IEPs from the public school he was attending. I plan to follow these goals for this school year while home schooling him, but after a school year of home school who determines his new goals?

  4. #4
    Delaware SpEd Teacher is offline Junior Member Newbie
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    As the mom, principal, and everything else, you are the one who will set his new goals. You may still have your son tested by the school district, but they will no longer be writing an IEP for him. They only write IEP's for students who attend their schools. I hope this helps!

  5. #5
    SandyKC is offline Junior Member
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    Quote Originally Posted by spena View Post
    Hello,
    I am new to home schooling and I have a special needs son. He has IEPs from the public school he was attending. I plan to follow these goals for this school year while home schooling him, but after a school year of home school who determines his new goals?
    That will actually depend upon your state and your state rules, and whether your school system serves children who are homeschooled. IDEA specifies that schools have to set aside some funds for homeschoolers, but it does not specify how those funds are used.

    In my state, the schools use the funds for evaluations and speech-language therapies, but nothing else. Many of the states will evaluate children with LDs under the Child Find provisions of IDEA, but won't do anything else. There are other states, however, like North Dakota--that have special homeschooling rules for children with disabilities.

    MOST states, however, do not handle IEPs for kids with disabilities, and in such states--you're on your own. In virtually all states, your child's IEP would no longer in effect as soon as you start homeschooling, but you are smart to use it as a guideline for educating your child. ;-)

    Feel free to ask any questions if you have them. We pulled our guys out of public school and homeschooled to overcome LDs. We were VERY successful (read our story, if you'd like some encouragement!) I think being careful and thoughtful, as you're being in using your child's IEP, as well as consistent with your instruction can bring about great results. ;-)

  6. #6
    lovehmschlg's Avatar
    lovehmschlg is offline Forum Moderator
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    Sandy, I just visited your blog and read how you started homeschooling after the school administrators told you your "son may never read well and is certainly not college material." That may have been a blessing in disguise. I would be tempted to go back to that school administrator and show him/her how successful homeschooling has been for your son and how well he is doing. That "to lower our expectations" of any student is absolutely the worse advise you can give any parent or teacher.

    We were also told that our daughter would never be a good reader and that she isn't college material. In not so many words, we've gotten the message that we should lower our expectations. But we have done just the opposite. We challenge her, encourage her and expect her to do her best. If I could shout from the rooftops how Time4Learning has helped her excel, I would. She is an avid reader and is showing progress every day. I know she would not be where she is now if she were in school or using any other curriculum (we tried many).

    So congratulations and a high five to you and your son!!
    SandyKC likes this.
    Janet
    enjoying homeschooling and learning with my kids, using T4L and T4W
    blogging our homeschool experiences at The Learning Hourglass


  7. #7
    tmbrant84 is offline Junior Member
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    Your story is absolutely wonderful and gives me great encouragement! I have an 8 yr old son with a Learning Disability and ADHD and he had an IEP when he was in public school. His grades were ok, but he needed way more 1 on 1 than he was getting. I also have a 4 yr old daughter who is Autistic. I just felt that homeschooling was the way to go for my family. I also have a 6 yr old son as well! I really enjoy teaching them even though it gets overwhelming some days. I look forward to the outcome!

  8. #8
    SandyKC is offline Junior Member
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    Default NO LOWER Expectations.. EVER!

    Quote Originally Posted by lovehmschlg3 View Post
    So congratulations and a high five to you and your son!!
    THANKS!! :-D It was DEFINITELY a blessing in disguise for our path to take the route it did. When I look at some of my son's peers who never did learn to read decently, who have no chance at college, and who have low self-esteem, I couldn't be more thankful that our story took the turn it did.

    I hadn't planned on homeschooling, but it has been a definite blessing!! Don't ever lower your expectations for your DD, Janet!!

    As you've already seen with T4L, she CAN learn and moving on forward with consistency and confidence will make all the difference in the world! :-D

    HIGH FIVE to you too!! :-D

  9. #9
    SandyKC is offline Junior Member
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    Quote Originally Posted by tmbrant84 View Post
    Your story is absolutely wonderful and gives me great encouragement! I have an 8 yr old son with a Learning Disability and ADHD and he had an IEP when he was in public school. His grades were ok, but he needed way more 1 on 1 than he was getting. I also have a 4 yr old daughter who is Autistic. I just felt that homeschooling was the way to go for my family. I also have a 6 yr old son as well! I really enjoy teaching them even though it gets overwhelming some days. I look forward to the outcome!
    I'm glad it is an encouragement to you... That is my main hope for everyone coming down this road! It's amazing what our kids can do when they're given what they need educationally. That's one of the best blessings of homeschooling--you can provide each child what he needs and it can be different for each child. My boys had very different needs and homeschooling was fabulous for both of them. They BOTH were able to get accepted at each college they applied to, they both took college courses through dual enrollment, and both went off to college ranked as Sophomores, well-equipped for learning, and beating any dire prediction our public school made. ;-)

    Let me know if I can be of any help or support along the way! I know that having encouragement can be critical during those stretches of time when you're not sure if things are going as well as they should.. One thing I clung to was research that showed one-on-one by a mom with a high school diploma was PROVEN to provide more significant academic gains than being taught in a small group setting by a teacher with a master's degree in public school. ;-) That bit of research inspired me often! :-D (Can't remember off the top of my head if the researcher was Delquadri or Ensign, but it was one of the two who studied homeschooling children with ADHD.)

  10. #10
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    Default Try 504

    It too me three years to get the school to agree to test my daughter. The results did not indicate, according to the school, that she needed an IEP. I asked for a 504 plan and she was able to receive services. After two years with the 504 plan, she was given an IEP. The 504 plan sufficed.

    Jacquie
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