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IEP (Individualized Education Plan)

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School wants to move 7th grade son from IEP to 504

April 2008

Our 7th grade son has had an IEP for dyslexia and dysgraphia since first grade. Ths school evaluated him for an upcoming IEP and they are recommending that he be ''graduated'' to a 504 plan. This is since our son, who is smart and a superhard worker, has done well in school- gotten good grades, good STAR testing. Of course, he has had tons of turoring and help from us in order to do well. And since resource in the school was lacking and not a good fit, our son did not get direct services this year. I feel like it would be a loss to be moved to 504 from IEP. Like he is being penalized for all his hard work and sacrifice.Any one else have experience with this? What can I do if the school refuses to keep him on an IEP- ask for independant assessment at district's expense?


I would double-check your son's IEP, but if he has dyslexia he probably falls under the category of ''specific learning disability.'' This is one of the qualifying conditions to receive special education services and as such cannot be taken away unless the school can prove that your son's diagnosis is no longer valid. One problem with a 504 is that there is no funding attached. It is also a different law (ADA) which provides fewer safeguards than does IDEA. Good sources of info are wrightslaw.com and also dredf.org. Good luck.
Basically, the 504 gives him all the accommodations he may have had (reduced penalty for spelling mistakes, extra time on tests, etc), without the help of a Resource or Special Ed aide or teacher. My son did not use his Resource help for the last few years of his IEP, so he was graduated to a 504, and he is very happy about that. He can still take advantage of those accommodations if he wants to, or not. As he's in High School, we're letting him make that choice. However, if you feel your son would benefit from additional help from the school, fight to keep that IEP. It's more cost- effective for them to have your son on a 504 plan, but if you feel he needs more time, say so. Been There
For information and to discuss options, call the Parent Training & Informatin Center at Disability Rights Education & Defense Fund (DREDF) in Berkeley (510-644-2555 / www.dredf.org). Ask to speak with an Education Advocate. You will be put on a first-come/first-served list for a call back. -- The DREDF PTI serves Alameda, Contra Costa and Yolo counties, part of a network funded in part by a grant from the US Department of Education (DOE) Office of Special Education Programs (OSEP) under the Individuals with Disabilities Education Act (IDEA) to assist families of school-age children with disabilities, and professionals who work with students with disabilities, to answer these kinds of questions and offer training. DREDF also provides educational advocacy to foster families and foster youth with disabilities under their Foster Youth Resources for Education (FYRE) program. DREDF holds 30-minute IEP Clinics the 1st Tuesday of every month between 10-2. You must call to schedule an appointment. -- If you disagree with the school district evaluation(s), you do have the right to ask for ''an Independent Educational Evaluation (IEE) at public expense.'' Your request must be in writing. The school district must respond in writing to either grant you the independent evaluation(s), or file for a Due Process Hearing to prove to a state administrative law judge that the district's evaluation was appropriate. Understand also that any independent evaluations/reports you have paid for on your own must be considered by your child's IEP team if you bring them into the discussion. Bring with you anyone you need to assist you in your advocacy efforts (tutors, etc.) to speak to your son's needs so the IEP team has all the information you feel they need to consider. Request that the district's ''504 Coordinator'' attend your IEP meeting so you can understand the ramifications and the type of support and accommodations your son will need formalized in a ''504 Plan'' if you agree with an ''exit'' from special education. IDEA law is more protective than Section 504, but having a disability alone does not qualify a child for specialized instruction under an IEP - eligibility is based upon an evaluation process. Do not consent to an IEP you are not in agreement with. It is a legally-binding document. The current IEP in force allows your child to ''stay put'' until you and the district can resolve differences. Alternatively, you can sign to parts of the IEP you agree with and write a note on the IEP stating what parts you object to and your expectation the discussion will continue over those matters with which you do not agree. All IEP decisions are made by team consensus and you are a full member of the IEP team. Ann
To the parent wondering about 504 vs. IEP, this is something that is based on identified needs, arrived at by testing and data, not a choice that one makes in the abstract. It sounds like the school is trying to ''wean'' your son off services, maintaining that he doesn't really need them anymore. If this is true, it must show in the actual data. Have they retested him? His scores must show that his disability is no longer aversely affecting his academic progress. If he is doing so well acdemically, because, as you claim, of all the additional services you have provided him, then you need to make the case, that without such support, he would be doing much worse. He should not be penalized for working so hard. But realize that he would receive accommodations with a 504. Just not services. Outside assessments may not turn up what you are seeking. But you should bring proof of all the support he has been receiving. Share this with the school psychologist. She/He needs to make the case that your son needs the services in order to continue doing well. Without the necessary services he will just slip back down academically. That's your best bet. Resource Specialist
My daughter, who is dyslexic, had a 504 starting her freshman year at Berkeley High. She worked very hard to get good grades and received a lot of tutoring. A year went by and a different high school counselor decided that she didn't need the 504 any longer and would not inform her teachers that she needed more time to complete assignments, even after I provided eigh years of supporting documentation, showing a long history of intervention. Although it wasn't stated clearly, I understood the reason the school didn't want her to get help was because her grades were good. I found out that a 504, unlike an IEP, is based on the discretion of the school and can be taken away without testing. I contacted the counselor, several vice principals, etc and wrote many emails, with very few responses. I offered to have her re-evaluated but was told the school would do that by getting a counselor and VP together, and talking to one or several of her teachers. I cannot understand how dylexia can be evaluated in that way. She took the PSAT without extra testing time. The SAT testing board, once they looked over her documentation, gave her extra testing time (which is not easy to get) and her score was much higher for that test. Her teachers have been very accomodating, otherwise it would have been a very difficult year. I understand from the school's perspective that they are careful that IEPs and 504s not be abused. But is their method fair? It sounds like circular thinking--if the learning disability is being helped, and the student is doing well, take the help away and let the student do badly so that there is proof that they still have the disability so they can get help and do better so it can be taken away... This kind of treatment can be a real setback for someone who is already struggling with a learning disability, especially one like dyslexia which cannot be cured. --Enough struggling
It is really hard to give advice here. But I will share with you a couple of things I learned this year. We transferred into Berkeley High and were denied an IEP (funtioning too well in previous, albeit very small schools with much support for every student, unlike what we knew BHS would be like). We were given a 504 plan instead. We were able to negotiate very generous accommodations, but without a staff advocate for my child (the general academic counselor, who is the one who supervises the 504 plan, was over-worked and not trained in any LD issues), getting teachers to comply was not so easy. What we learned was that the school is restricted to giving IEPs to only 10% of the entire student population without incurring penalties from the state, which is of course unreasonable. Those who need should get, numbers should not be the deciding factor. However, what it would seem to mean is that once you get rejected for an IEP designation or give it up, it will be next to impossible to get it back even if the kid is failing because the school will have granted their 10% without your child. Just thought you should know. I had no idea the school's hands were so tied. think carefully
There is no 10% ''quota'' of students who may be served under the Individuals with Disabilities Act (IDEA) on an Individualized Education Plan (IEP) per school, or per school district. In fact, the U.S. average of children served by IEPs runs about 13-14%, not by any set quota, but based upon the average number of children in the U.S. with such specialized needs. Determination of a child's eligibility and provision of specialized instruction and related services under an IEP is based upon disability and comprehensive evaluation and multiple assessment measures. There is no blanket percentage ''cut-off'' quota, after which even students who would qualify for special education services will be turned away, which is what the poster seems to have been told. This is not consistent with IDEA and civil rights anti-discrimination laws. Anyone hearing such a statement might request, in writing, that the person saying it put it in writing, and/or provide this particular district or school ''policy.'' Civil rights concerns such as this should certainly be brought to the attention of the district administrative powers-that-be and oversight bodies (hopefully this assertion did not originate there), and if needed, the CA Department of Education (CDE) Office of Procedural Safeguards and Referral Services (PSRS), CDE Office of Equal Opportunity (OEO) and Office for Civil Rights (OCR). everlearn

Preparing for an IEP for 3-y-o with ADS (BUSD)

March 2008

My son is 28 months old and diagnosed with ASD. He is mid - high functioning, but is just beginning to use words. Although it hasnt seem like I've had long to appreciate the pre 3 services he's had, I am looking into being informed for his IEP in the fall. I asked the OT about it today and she informed me that they will also do a transition meeting..What I thought to myself, even 9 months away seemed soon! It really stinks to be in an uninformed place after all the research I did for pre 3..I really need to gain more knowledge about this process and also would love advice as to a good parent advocate, if I should get an independent developmental assessment etc. as I would have to get on a list now to get in before his transition meeting in June. We are in the Berkeley School District. I would really appreciate hearing what others have done to prepare for this. I really don't want my son to just be given whatever because I havent done the proper leg work.


Hi - Good for you for doing your research, at my first IEP I was given whatever because I hadn't done the proper leg work ;)

There aren't a whole lot of options here in Berkeley, so my advice is to just know your son and know what will work for him. Here are some things for you to ponder:

1. What kind of classroom setting will work for him? You'll have a choice of entirely special ed, mixed (some percentage) special ed and head start kids or a ''full inclusion'' model where he's the only, or one of the only special ed kids in a room full of regular ed kids.

2. Depending on what kind of classroom placement you get, will he need an aide?

3. What other services does he need? Speech therapy? Does he have sensory issues? Does he have physical issues? If so, should he see the therapist 1:1 or in a group?

4. Do you want a home program in addition to his classroom? Are you doing ABA? Do you have an agency you want to work with?

Lots of questions, I know, but just some things to keep in mind. Feel free to contact me directly if you want. Jill


IEP process at OUSD

Jan 2008

Anyone out there who has gone through an IEP with Oakland? Our child really needs help with stimming and other social skills (he is probably high functioning autism/asperger's - and will be starting Kindergarten in the fall), but they are saying they don't do this sort of thing, but this will interrupt his and classmates' ability to learn. He received these services in another state last year. Anyone have luck getting this type of therapy through the district? Would also love to talk to someone who could help us with the IEP language and goals. Any suggestions for novice or professionals on this front would be great. anon


Call the OUSD Diagnostic Center at 879-3070 and request an evaluation. Mention your concerns about stimming, socialization, and language. anon
I am sorry you are already getting the run around from the OUSD and your child has not even started Kindergarten.

Perhaps the District is telling you this since your child is not yet enrolled. Not sure. However, you can request that your child be assessed by the school district by a psychologists and an Occupational Therapist. The psychologist could diagnose your child with Aspergers if warranted since you suspect it and an OT can address the sensory/stimming issues.

Another alternative is to have your child assessed privately or through the Regional Center of the East Bay (510) 383-1200. You can also check out their website, www.rceb.org.

Based on what you said, an occupational therapist sounds like what you need. the therapist can address the stimming issues and provide you with strategies that will help curb the stimming or at least reduce it so that your child can learn. The therapist would write goals for and consult with the classroom teacher.

There are many pediatric OT's in the area. Also, you can pick up this book at Nolo Press in Berkeley, A Parents Guide to an IEP. Good luck. anonymous


Hi my Asperger son has been in the OUSD system since age 3.5 yrs so I have some familiarity with the system. It sounds like you want to send your child to your local school in a general ed Kindergarten (with support) which should be possible. Is this what you want? What has the district offered as a placement? I ended up sending my son to an integrated Kindergarten at Tilden elementary and then to the inclusion program at Carl B Munck (where he is currently in 2nd grade). The thing is that Munck is our neighborhood school anyway. I think it is always considered a valid position to want your child to attend your local school but the district would prefer to group kids at schools so there is more support staff available. I suspect you will get many responses to your post. Laura
I've cut this message to the bone to make the 2000 char limit. OUSD relevant website resources (not much) are at http://webportal.ousd.k12.ca.us/WebItem.aspx?WebItemID=90 .....
Brief summary of the process: 
1. You request an assessment, through the assessment team at 
Programs for Exceptional Children - call 879.3070 to ask for a 
diagnostic assessment. 
2. The assessment intake person will do a phone screening with 
you to hear what's going on. 
3. Assuming that they agree there are issues - and it does help 
to have a referral from a doctor, a preschool teacher, or 
someone else - they will schedule a meeting with you for more 
detail to figure out what kind of testing to do. You have to 
sign to test permission form in order for them to do anything. 
4. They test your child in the areas agreed. 
5. They set up an IEP meeting to review the test results with 
you. Based on the results, they will recommend a school 
placement and course of action. It may be your local school 
with support, or it may be a specialized placement depending on 
what they think your child needs to be able to learn the 
curriculum successfully. 
Confusing? Sure. Horrible? No. Once you learn the process, it's no worse than open enrollment when you want to change health plans.

Please come to the Oakland CAC meetings. The Community Advisory Council is the Oakland Unified's special ed parent group. There you will have direct access to staff, including the Director, from the special ed dept. You will also meet many parents from the district who have become proficient in advocating for their children. It's held the 1st Monday of every month at 314 E 10th St. from 7 to 9pm. You can also join the CAC mailing list by emailing cacoakland[at]comcast.net. Nancy


OUSD is required to assess your child within 60 days of a written request. It looks like you have an excellent case for an OT assessment for possible sensory integration issues that will impact your child's ability to learn based on his stimming. If Oakland does not honor your request for an assessment it becomes a due process issue. For more information, you can contact parent advocacy groups like the Community Advisory Council (cacoakland@comcast.net) which meets with the director of spec. ed. the first Monday of every month, DREDF(www.dredf.org) or the Family Resource Network (http://www.frnoakland.org). Good luck! anon
We have been through the IEP process with the OUSD--it's an uphill battle. Please don't give up, document everything, follow up phone conversations with e-mails (so you have it in writing). I can't speak to your specific issues, but for the IEP process here are two great resources: (book) ''Nolo's IEP Guide: Learning Disabilities'', and (online) www.pai-ca.org--look for their ''Special Education Rights and Responsibilities (SERR)'' manual. If your child qualifies for an IEP or a 504 plan, the kinds of services provided should match the needs of the child. Good luck! anon

Battling the school district on son's IEP

June 2007

Our 5-year-old son has gross and fine motor skill delays. He has been receiving OT and speech through our school district. In addition, he attends the district's special day preschool 2 days/week, and a mainstream preschool 3 days/wk. Last week we held an IEP meeting to discuss kindergarten. The district seems to have 2 possible options - 1)mainstream him in a regular kindergarten, with no accommodation for his motor skill problems, or 2) keep him in special ed, and try to mainstream him over the course of the year. Neither seem like good options to us - he needs something in between. What do other district do/offer, or how do I find out? I have no idea what is really out there, but I do know that our district is not great at innovative solutions! Also, is there some kind of a forum like BPN for parents of special needs kids? Thanks! E


You don't say what district your child is in, so it's difficult to answer your questions appropriately.

There is a solution in Oakland for kids with speech/language issues, and if the child also needs OT for fine motor delays, he will receive it on a ''pull out'' basis.

Perhaps the district is considering that kindergarten is not really a time of intense fine motor work. There's writing, and art, and fine motor play. But it may be that they think your child will do well socially and will be motivated to work himself on his fine motor projects.

If he's not very motivated in this area, you need to press on the issue and request additional OT, if that's what you think he needs. I'd be more concerned about whether he needs support in the speech area myself; depending on your district and school, kindergarten can be a highly verbal year. You don't want him to get frustrated because he doesn't understand what's expected of him and everyone else ''gets it''. That's where behavior starts to crop up as a problem.

Go back to the IEP table and ask for additional services if that's what you want. If he's more capable than the most capable child in the special day class, you will not want to place him there. Most important - visit each class so you can observe, take notes and visualize how you think he would fit in. hope that's a little help. - Nancy


It isn't legal for the district to refuse needed support services if your child is in a regular classroom. The law regulating special education states that a child should be in the ''least restrictive environment'' that meets his needs. Our child is in special ed in BUSD and, like most special ed elementary school students in this district, is in a regular classroom with supports. Different districts have different programs available, but if your child can function well in a regular classroom but needs therapy services, the district can't deny you that option. You can contact Disability Rights Education Foundation (DREDF) for help with IEPs, they're in the phonebook. A yahoo group you might want to look into is specialneedsnetwork. Good luck to you! Jessica

IEP - does my 3rd grader qualify? (WCCUSD)

May 2007

Our third grade son was evaluated by his public school (at our request) because he is a struggling reader and seems to need more time than his peers to complete tasks and formulate responses. The assessments found that he is extremely bright, and found only one area of concern (involving visual memory), which is impeeding his learning to read. There was a drastic difference in this score and his other scores.

The upshot is that the school says that he does not qualify for services (reading pull-out help, for example), because he ''tested too high'' and is still at grade level (albeit barely).

Is this the case? He feels very bad about himself as a learner, is struggling to read, and is not making much progress. There is an on-site reading specialist, but he does not qualify to see her. I am not sure what his rights are, or how to even find out! Any insights welcome! WCCSD Mom


I understand your frustration -- my very bright son was in a similar situation with very high test scores despite a disability that was seriously affecting his ability to write. From talking to teachers, this happens A LOT in this district. I'm sure it's a financial issue -- there are so many kids that need help that the district can't afford to help them. We were able to get him services through a combination of things -- he had a teacher who really went to bat for him, and we had him independently evaluated and were able to bring in an outside neuropsychological evaluation that held some weight. Another parent I know went over the head of the principal and school psychologist and involved someone at the district level in her IEP meetings. Don't give up -- if you think your son needs help, he probably does, regardless of how well he is doing in other areas. It really is a case of the squeaky wheel, and it's unfortunate that many kids don't have someone to be a strong advocate for them. Good Luck! WCCUSD IEP Mom

Are there issues based on the IEP category?

March 2007

Has anyone had experience with an IEP when their child has issues that cross many categories but doesn't really qualify under one particular category (i.e. speech, emotional disturbance, autism...).

My son is in kindergarten. He has ADHD and speech delays and currently has an aide. His school is in the process of assessing him & it looks like the category that most clearly fits him (by the school's rules) is ''emotional disturbance''. This shocks me since in all our years of doctors & assessments this has never been mentioned. But, looking at the schools definition of ''emotional disturbance'' he does seem to qualify.

I guess I'm wondering if there are any issues with having him qualify for resources based on the category of ''emotional disturbance''. With all his other issues I never saw these behaviors as a problem, I thought they were just a result of him being immature & hopefully would eventually resolve themselves - it's a shock to learn differently.

I've always been comfortable with him qualifying for an IEP under speech & just want to understand if anything changes or gets limited by us changing categories. The problem really is that althought it's acknowledged that he has serious issues & needs support no one has been able to successfully determine a solution for all his issues.

Thanks for the help. Upset & Confused


I don't live where you live, but I do live with a special education teacher, and from what I understand you should be looking at the additional resources that are available to you under that classification. I know it is difficult to think of your child having an ''emotional disturbance'' but so much of these labels are based on somewhat gross generalizations. Having this label attached to your kid is not going to change your relationship to him or his behavior, but it may give you access to more support that he might actually need like behavior therapy to help him find ways moderate his actions in a positive way. I would ask your teacher what the benefits are of switching his IEP and what the costs are, and then make a decision. You are in charge, ultimately, so if it really doesn't sit well with you, demand that he not be changed over to that grouping. Also, see if you can connect with any other parents in your school/district to get advice on resource follow through. just a thought
The short answer is that a child who qualifies should receive intervention in all areas of need, though qualifying for speech alone probably has the most limitations. The school may be considering mental health services from the county in its recommendation for ED. Your situation sounds too complicated to answer here in a general way - please feel free to contact me with more information and we can talk about what your child's options might be. Dana
Negotiating the Maze Special Education Advocacy, Research, Support www.negotiatingthemaze.org
Dear Upset, 1) What school district are you? 2)I don't know if there is a downside, other than not receiving services. If you need/want psych services as part of the IEP services, then I think SED is a good fit. We were in the same boat that you were at the end of kindergarten, and the team wavered between SED and OHI. They ended up going with OHI (Other Health Impaired) which is so vague that is could cover anything.

Have a look at the rewrite of the Oakland forms if you are in Oakland; they were revised last summer, and there is explanatory material. http://public.ousd.k12.ca.us/docs/1553.pdf (I searched ''serious emotional disturbance iep services oakland'' to find that one. No quotes when you do the search, though.)

Remember that your child is so young that it may be hard for anyone to diagnose authoritatively. Our son went from PDD-NOS to NVLD over the course of 4 years as therapies helped and he aged and grew into his brain and body. You may have one handicapping condition this year and a new one at the next triannual.

So if you want the psych services, be open to it. But as I have said: I don't know if there is a downside. Let's see if there is another answer out there in BPN land. good luck! - Nancy


I used to work with kids with special needs in a Bay Area school district -- consider hiring an advocate. Sure, it's not cheap, but it's been my experience that the district will give you more of what you want when you have outside help on your side. It doesn't have to be confrontational... ask around for good advocates. k
Hi! My understanding that as a teacher and parent of two special ed kids is that they have to qualify for one of the 13 categories in order to have an IEP and receive services. It sounds like the school is trying to help you keep the services you have, which is good. I played up my youngest son's issues in order to receive the services he desperately needed, as he was borderline and would have been an easy target to deny.

It feels totally unnatural as a parent, but yields the result you want in the end.

ADHD alone generally only means a Sec. 504, but not special ed, and therefore, no IEP. anon


Emotionally Disturbed is such a charged category, that unless your child really fits that medical (not school) profile, avoid it. It depends on your school district, but there's a tendency to segregate such children into a special day classroom rather than providing support to learn in a general classroom.

A child can qualify under multiple categories as well as OHI -- Otherwise Health Impaired. It would be very helpful to consult a special education advocate who understands the process.

At this point, the smart thing to do is to get your child a private, professional neuropsych evaluation. It is money will spent to understand exactly what his disabilities are, how they mask his intelligence, and a roadmap for helping him grow. Children don't grow out of behavior; they learn with the help of parents & teachers, and when needed, therapists. -- Been There


My kid does not have ADHD, so I can't help with specific advice, but this website might be of interest and help: http://www.wrightslaw.com/info/iep.index.htm You could also sign up for the specialneedsnetwork[at]yahoogroups, and post there. good luck
I have a son who had an IEP with no clear cut 'diagnosis' but issues that went across the spectrum. I would be careful about relying on the school's testing and assessment as much as you are. If you haven't I would highly recommend getting a private neuropsych assessment done. It will cost you $3,500 but if you go to the right person it will be the best money you ever spent. Make sure they are a true neuropsych like Kristin Gross or Carina Grandison in Oakland. You will have all the answers you need including what he needs from his IEP. anon
I teach at a non-public school for children with special needs. I know the term emotional disturbance is very unsavory and some may feel a stigma attached to it. However, do not despair! I have several points to make: 1. Emotional disturbance (ED) is an educational term and not from the DSM-IV, the manual which psychiatrists use. 2. It is not necessarily a permanent label. I have had students whose ''qualifying condition'' for special education has changed even if the services haven't. 3. the most important thing is getting the right services for your son and support for your family. The ED label may get you more intensive services which may be what is needed at this time. Honestly, I do not think of my students as their labels but as the individuals they are. A good program and teacher will too. 4. Finally as a parent of a student in special education you have alot of rights. Contact CASE, an advocacy group to educate yourself and get support at future IEPs and with services and placement decisions. I hope this helps! a Special Ed teacher
Obviously each diagnosis carries with it a certain bias toward certain kinds of support and away from others. For instance, a child with a physical disability wouldn't be offered speech therapy if his/her speech were unaffected. But in principle, the IEP is just that: an INDIVIDUALIZED education plan, which thus offers your child whatever services are required to meet the goals set in the IEP, regardless of which box is checked as the qualifying diagnosis. The only thing I'd say about a speech qualification is that it is contingent on the opinon of speech therapists who may, in theory, one day decide your child no longer needs services. Other diagnoses, such as autism, are life-long diagnoses, so there's no danger of the special ed designation being pulled by the district. The labels are always disturbing at first, but I learned pretty fast that they are fairly irrelevent, since no child is a textbook case of anything. I no longer see my child's label as a curse, but rather as a means to an end: by accepting the label, I entitle my child to the help and support he needs to be successful in school. I have no interest in showing the district all the ways my son does not conform to the symptoms of his label--I see it as a tool that helps, rather than hurts us. As for the label affecting his social situation or how he is treated by the teacher, my feeling has been that people were going to know my child was different whether he came with a label or not, so there wasn't much harm in putting a name on how he was different, esp. because teachers are often too overworked to even read IEP's (not that that's a good thing), and no one else--not other students or other teachers--is allowed to see anything about your child or his or her diagnosis. I guess I'm saying that I wouldn't worry so much about whether or not your child really looks like the ''typical'' version of any particular label, but rather ask yourself what will get your child the most support and services that he/she needs for the period of time you think he'll need it. By the way, among my friends with children with special needs, the common opinion is that the label you want least is actually that of ADHD, since it's probably the one the teacher has heard of, and about which the teacher probably already has a bunch of preconceived notions, which affects how he/she approaches and deals with your child. I've yet to meet a teacher who knew the first thing about Aspergers, for instance, so seeing that on an IEP doesn't really prejudice them, since they have no idea what it looks like. Also, it's not that easy to get an IEP for ADHD--you are often offered the accomodation route instead (I think it's called a 504). Good luck! been there
I have lots of IEP experience but no answer for your specific question. I just wanted to write in case nobody else on BPN knows- and even if you do get other answers, I wouldn't trust most internet posters for accuracy on such a vital question for your son's educational future. Maybe you could get a legal advocate, or even consult with an attorney about this question. Also, you can learn a lot at wrightslaw.org or maybe call Protection and Advocacy (PAI) 510-267-1200 good luck

IEP for 5th grader with mental health issues

March 2006

I've been advised that I should advocate for an IEP (individual education plan) for my fifth grader, who has been out of school for more than three weeks now with psychiatric issues. She is currently doing independent study using work from her teacher at home.

Has anyone from BPN gone through the process of getting an IEP for mental health issues? I'm particularly interested in knowing how long the process might take. We're near the end of March now, and come June, she'll be done with her school for good(they stop at fifth grade). We might get the IEP too late to really do anything at this current school, if it takes a while to get. anon, please


I don't have experience with this exact issue but I do have experience with IEP's. It seems to me you should be forming now the IEP team she will have at her new school, in 6th grade. I recommend meeting with the program specialist & psychologist soon before this school term ends. They will need to review her reports and with you, formulate her plan. I assume you would have her personal psychiatrist involved in those meetings as well. Depending on her issues, it might be nice for her to start touring the school, meeting some of her teachers, or what not. If you wait until next fall you may not be able to meet until October, then changes don't get implemented until November, and you've lost 2 or 3 months. Plus I think if is possible her problems may flare up during school hours, there needs to be some teacher education about her issues and also a specific plan for what to do when this happens. Good luck, stay aggressive in advocating for your daughter. You have the legal right to have an enviroment for her that works. anon
You can definitely get an IEP for a child based on emotional/psychiatric issues. Many districts have classes for children who are SED/ED (severely emotionally disturbed or Emotionally Disturbed. What you need to do is write a formal letter asking that your daughter be assessed. If she has a diagnosis from a pyschiatrist I would also include this information in the letter as well. Tell them you are concerned that she is missing school due to these issues and that you would like her to be evaluated for special education services. This is a good site to reference and you can call them for help as well. http://www.pai-ca.org/pubs/Index.htm
I saw your post on the IEP process and I am SPED teacher at a school that deals with Emotionally Disturbed students of all ages. Although I primarily work with the middle and high schoolers. As far as the timing of the IEP process, if you have not had any prior assessments done (usually by the school/district) then it could be somewhat lengthy. However, the process is supposed to be as quick as possible legally and you can push for immediacy. With most distrcits, ou get what you ask for and I recommend asking for everything you think would help your child. First of all, based on the info you gave, it sound like your child may be eligible for placement in a therapeutically intesive school setting such as a non public school (an NPS) as opposed to being secluded at home with no direct educational teaching forma teacher. MY recommendation is to intervene as early as possible so that your fifth grader can get the services and the help that he/she needs to get back to his/her life in a mainstream public school environment. Additionally, as far as your concern about the end of the academic year coming to a close quite quickly, you might consider that should your child be eligble for a NPS placement, most of them are year round schools and your child could be getting individual. group and art therapy during the summer as well. Good Luck!
Both my chidren have had problems attending school, they have 504 plans, the next step would be a IEP. It depends on how severe your problem is and how long your child will be out of school. The IEP is a more formal process. For instance if your child may be able to attend school for long periods and be out of school for for only weeks at a time, I recommend the 504 plan as being more flexible. The IEP is, in my opinion, for long term issues of High frequency. When you ask for an IEP do it in writing. The school is obligated to reply to your request in two weeks to a month after evaluation and a plan must be put in place. Schools do not like the IEP due to the restrictive nature and the councilers may try to persuade you that this is not the way to go. That could be possible but check out all the options. I always opted for the 504 plan over the IEP. I heald the IEP as an incentive for the teaching staff to comply with whatever program we had in place. The Curves Lady

Need help writing an IEP for my son

April 2004

I was told by my son's Pediatrician that I need to get my son an IEP pronto. I am looking for help in creating and tracking of same. Does anyone know if there is software or an interactive website that would be beneficial? Thank you. worried mom


The best book I've seen on this - esp. for the first-time IEP writer - is Lawrence Siegel's book ''The Complete IEP Guide'' which was last updated I believe in March 2001. I used this before my 1st IEP and have used it for reference since. It's a great workbook approach and has a ton of sample letters, documents etc. for correspondence - all very useful. It's a Nolo press book, so you can check at their outlet and other stores; it's also carried at major chains and Amazon. And we got precisely what we needed at the IEP, so I think the track record supports the book. Regards Nancy
Besides the Nolo Press book already recommended (''The Complete IEP Guide''), you might give FRN (Family Resource Network 510-547- 7322) a call. They have a newsletter and workshops on IEPs from time to time. Good luck. Many IEPs Later
An excellent source of information about IEPs can be found at a website called Wrightslaw.com. They have publications for sale about special education issues and send out an online newsletter every couple weeks with updates about seminars, training classes, etc. They have a book titled, ''Special Education Law: from Emotion to Advocacy'', that was extremely useful. Another source of information here in Berkeley is a group called DREDF(Disability Rights Education & Defense Fund). They put on training seminars and can provide one-on-one assistance with preparing for IEPs etc. They are very busy so don't expect a call back the next day. Hang in there. Don't be afraid to insist on what your child needs. matheny

IEP for Private School Student?

March 2003

Is this an oxymoron, or can an IEP be established for a student in a private school as a way to obtain government-funded services for the child in-school or out? Who does one go to? What is the impact on the child's academic record? anonymous


Every school-aged child in California is entitled to an IEP, whether in public or private school. However, you should be aware that the district will most likely require that testing happen during school hours, at their location, not your child's, and that any services provided also happen during school hours, at their location. In our district (Piedmont), the testing team kept in contact with the private school teacher (who had asked for the assessment), and would have included her in the IEP meeting had our daughter qualified for services. Even though she didn't qualify, it was worth having gone through the process, because we brought her back to public school in middle school and they already had a record of her academic issues. Cynthia
Every child should have a right to an IEP, and it's been decentralized, so you could start with the principal of the local school that your child would go to if he or she were not in a private school. If that doesn't work, I would suggest calling the school district and seeing if they can point you in the right direction. Anon
My understanding is that local school districts are more or less required to offer testing and other assessment of kids with learning differences, but that they get to decide whether and to what extent they will offer IEP assistance and other assistance for kids with learning differences. In Oakland, the school system apparently will test but not offer actual assistance and support beyond testing. This is a very sore point for my family and in the community of the independent school our son attends because we do pay taxes to support the public school system but have no access to the public services we need to address our son's learning differences. It is a real strain on many families to pay directly for the support services needed for kids with learning differences. My understanding is that there is a substantial wait time in many districts to get access to testing and services. Our impression of Oakland was that you essentially need to imply you are putting your child in the Oakland public schools in order to get access even to testing. Good luck! Maybe you are in a city that is more open with its public services for kids with learning differences. Dave
I am a teacher in a public school and I understand that you are eligible to seek services through the public school district that your child would go to had you not opted to send him/her to a private one. I would call the district office for your area and get in touch with the Special Services department. Elaine
In order to have an IEP, you would have to contact the school nearest your home or your school district special education department and write a letter requesting a special education assessment to see if your child qualifies for services. If he/she does, then they would have to go to the nearest public school to recieve the service. To my knowledge, they do not provide service at private schools. good luck janette
Just a few more thoughts to add: put everything in writing, definitely your request for an IEP once you find the correct contact. You will have to prove that your public district cannot properly serve your child's needs; start gathering as much information, in writing, as you can about her/his issues and needs to support that. You could also contact the Family Resource Network (510-547-7322) and Nolo Press for some pamphlets or books about the IEP process. Good luck to you in this arduous process!! Anon
Private schools have no duty to accomodate students--an IEP in a private school is indeed an oxymoron. Some private schools will do informal accomodations, which you would work out through teacher(s) or the principal, or both. Some are very good at this. Some won't do it at all.

There are certainly specialized private schools who take public school students with IEP's, but that is because they contract with public schools and are essentially ''in the business'' of supplying services to them. Usually these schools have nothing BUT referred public school students, who are generally severely disabled. These students, however, start out through the public system. also anonymous


IEP for Gifted Child?

Dec 2002

In some states, IEPs are written for gifted children as well as for children with disabilities. It doesn't seem to be standard practice in California, however. Has any of you done this, or investigated it, as a means of getting a more appropriate education for a gifted child. If so, what happened? What did you learn?
Parent of very bored, good kid


You're right, there is no mandate for gifted IEPs in California. Districts decide individually whether to take money for gifted education at all and how to use it. Though it is supposed to serve gifted kids in a different way than non-gifted kids, it doesn't always operate that way, because there's an attitude that addressing gifted kids' needs is somehow elitist or undemocratic. Unless you find a class or school that serves gifted kids specifically (I think there's at least one in LA or San Diego), you can forget your kid being served by the public school system in any systematic way. You may occasionally find a teacher willing to work with you, but who may still need educating; in that case, I recommend Susan Winebrenner's Teaching Gifted Kids in the Regular Classroom. The rest is up to you to find outside of school - Stanford's EPGY program, Hopkins' Center for Talented Youth (though I think they've changed the name), Berkeley's ATDP - all very expensive, though there are scholarships. We moved from a place with a very good gifted pull-out class where most kids were pretty anti- intellectual to one where learning is respected, so our experience with public school is to live where your kid will go to school with other kids who want to learn and will challenge, support, and compete with your kid. Dana
Last year our son was totally bored in kindergarten. He had started public school after two years in Montessori preschool and was reading at a 5th grade level, doing simple multiplication, playing tournament chess and asking his dad to explain WWII. Not your typical public school kindergartener. We wanted to skip him to 2nd grade and opened a can of worms, starting the IEP process. The teacher and principal were very supportive. Academics-wise, the conclusion was that he could easily go into 2nd grade. A psychologist assessed his behavior on the playground and suggested he enter 1st grade. Result: he is now terminally bored in 1st grade, won't do his homework and his teacher recommends we get him out of public school and into the best private school we can find. Even if a child is ''gifted'' in the lower grades, there really isn't much the teacher can do to vary the lesson among 20+ kids. He is doing SRA reading and math at his own pace, but that's about it. Don't know if this helps shed some light on your situation. Good luck getting a good education for your child. I guess I would just say be proactive. kl
In the Berkely Unified School District, you can request a Student Study Team review of your child's needs. Most people think of SST as only being for ''problem kids'' but they should serve all parents/teachers/students needing support. SST includes the child's teacher and sometimes past teacher, a teacher from a higher grade, someone from Special Ed., and anyone else can be invited who may have input (GATE teacher, psychologist, etc.) The goal is to brainstorm ideas that will better help the child succeed. Some things to think about: time in a higher grade for a subject area the child excells in, like math; grade accelleration (consider lots of testing before going here) outside activities/support, etc. Ask how GATE is administered in your school. You can reqest an accounting of how differentiated instruction is being applied to your child if he/she is in the GATE program (GATE in Berekely begins in 4th grade.) Follow-up SSTs will also be scheduled to see how things are working out. Be aware that some schools have SSTs every week, but they are often booked months in advance and other schools only schedule on an as-needed basis. SSTs are more problem-solving and do not have the binding capacity of IEP anon
IEP's are for students who are in Special Education. Being GATE doesn't qualify as Special Ed. I doubt that your friends' children really have IEPs since Federal laws about serving students with special needs are what determine who qualifies as special ed. The students you know may have a 504 plan in place. These are individualized plans for students who have needs that don't qualify for Special Ed. Usually these are for kids who have needs, but can still function in a regular classroom but need modifications. (Students with ADD, ODD, low vision, stuttering, etc.)

I haven't heard of these for students who are GATE though. Plus, I don't think that 504 or an IEP can really address your child's issue. If the teacher is boring, there isn't a whole lot that the plan for your child can do about it. The teacher would probably just give her extra work to do or tell her to bring a book to class and read once the regular class work is completed. (In the teacher's defence, if your child is in an average heterogeneous classroom here in the bay area, chances are there are 35 kids in the room and at least 4 of them are functionally illiterate, and one third to half the class is below grade level. Add to that kids with behavior problems, and then the regular work that goes into the job - preparing lessons from the text, creating new lessons, making photocopies, grading, decorating classrooms, organizing/cleaning a classroom, meeting with parents, involvement in extra curricular activities, etc. ... well kids who are smart and capable of doing the work and bored are probably not the highest priority. That is not to say that your child doesn't have needs that should be met, just that the demands on that teacher are overwhelming and so not every child's personal needs can be met.)

Has your child been tested and designated GATE? If so then the school is receiving money from the state to provide enrichment, and you should ask the school what that is. At some schools it is special feild trips, or books that can be checked out, or a classroom computer, at others it is a separate class. What ever it is, they need to provide services to the students for whom they receive funds. Usually there is a committee at the school that involves parents of GATE kids to determine how that money should be spent also, get involved in it so that it is being spent in a way that will benefit the kids most. a teacher


School district says daughter doesn't qualify for IEP

April 1999

We just met with the representatives from the Oakland school district to get the results of my 11 year old daughter's IEP testing. We were told that she does not qualify for services, although her test scores range from 3% to 55% with most below 25%. They don't see the "point spread" that would qualify her for services as a learning disabled student. They offered to do assessment to qualify her for services as a Severely Emotionally Disturbed child, which would qualify her for counseling as well as educational support. They said it was an educational diagnosis, not a psychological one. Understandably, we do not want to go this route, because it is not true in her case and we do not want her to be stigmatized this way. She does have social problems with other kids because she does not read social cues, which we feel is part of her nonverbal learning disability, and she does get frustrated and angry when dealing with homework, but she is not severely emotionally disturbed. Her teacher, who also attended the meeting, afterward said to us, "This is bull...." She is in a private school now, which is really hurting us financially, but to receive any services from the district, she would have to transfer to a public middle school. With all the learning and social problems she has, I am very dubious about her ability to adjust and cope in a large, public school. We are in the process of deciding on our response and course of action. We have an appointment with CASE, an advocacy organization for special ed., we are contacting the psychologist who led her social skills group, and the tutor she has been working with for the last two months. Does anyone have any other ideas or successful strategies they have used with the school district?


There is a company called "The Regional Center of the East Bay" located in Oakland on Hegenberger Rd. This center is devoted to helping people who have disabilities ranging from ADHD to extreme behavior disorders or physically challenging disabilities. Call them and tell them of your daughter's diagnosis and see if she qualifies to have a case worker assigned to her from their company. They have a trememdous amount of resources available and are even able to pay for services (if you qualify). They work in tandem with the school district and your case worker should then be able to coordinate services for your child.

As I'm sure you have already noticed, you must do a great deal of advocating for your child. The services are available but you must seek them out even when you are dealing with someone who is supposedly providing the service to you. You can e-mail me personally if you have further questions, I work at a center for people with disabilities and can hopefully help you find some shortcuts in the system. Mike and Linda


In response to the parents who were having difficulty securing services for their child, please contact the Learning Disabilities Association, located in San Leandro, California. They can most likely hook you up with the support you might be seeking. In addition, you might want to ask them about how to join their organization and can visit their website as well at www.lda.org
i have a son in berkeley unified who recieves special ed assistance. he is learning disabled, but has another (very real) diagnosis as well, and we've been able to get him what he needs because of that other diagnosis. it's an absolute disgrace that parents so often have to fight for what is rightfully theirs, but at times we do. CASE is a great resourse. another might be dr. brad berman. he's been very helpful to our son as far as treatment, as he's been a tremendous support to me as i've worked my way through the various challenges that present themselves to me. he's a developmental/behavioral pediatrician, previously associated with children's hospital, currently in private practice in walnut creek - 925-279-3480. he attended our kindergarten iep and was impressive as hell. not a guy most school personnel want to take on. hope he can help.
The Regional Center of the East Bay was recommended for assistance with obtaining special education services, but regional centers only serve people with developmental disabilities, such as mental retardation, cerebral palsy, and autism. (A system of private nonprofit regional centers serves the whole state of California, in case anyone outsisde the East Bay is interested.) I recommend contacting a special education lawyer. There are several in the area, because they are so badly needed. One of the best is Sarah Clarke, who has an office in San Francisco. Susan
Do not allow your daughter to be put in the SED program (severely emotionally disturbed). I had a grandson who we put into that program simply because we thought it would give him better assistance as the classes are very small and since he had come from a group home prior to living with us they could use that to get him to qualify even though they said he was not SED. Once labeled SED it is on their record for all the rest of school. They are sent to special schools which cost the district $120.00 per day and they do nothing but simply baby sit these students who are SED and can't make it in regular classes. We did home schooling with him in which they reviewed the work and gave him his grades. They did nothing. Our grandson also does not get social cues - his problem is from auto-ped brain injury accident. Did your therapist/counselor seem to have any success in the area of teaching them any social cues. If so would you please let me know specifically who it is so I might contact them. I realize that a private school is very expensive in some cases. We subsequently put our grandson in a private school which has full day classes as well as a home school program which they supervise etc. The full day school runs around $350.00 per month I believe, and the home school (where they go two days a week) is about half of that. They each work at their own speed and the classroom setting is very quiet which really seemed to help. The teachers are very caring to children with special problems.
Thank you to all who responded to my request for advice on Special Ed and the SED label. We have been following up on all the leads, but are still stymied. CASE has told us we do not have a case with the school district based on learning disabilities, Although her deficits are significant, they do not meet the state standard for services. According to CASE, our only avenue for services would be a 504 plan, which I am sure would not provide her enough assistance to cope in a public middle school. We meet next week with the district about the SED qualification, which we still do not want, nor does it seem to come with appropriate services. Most schools now have the learning specialists go into the class rooms, but because of her ADHD she is very distractible and needs to be in a quieter setting, especially when acquiring new information. Only one middle school in our area of Oakland has the pull out classes she needs, and that is Edna Brewer. We are very leery of sending her there, but wanted to know if anyone has any information about the school. We will probably have to keep her in the private school she currently attends and borrow against our retirement to get her the counseling and supplemental tutoring she requires. One person mentioned sending a grandchild to a private day school that also has a home school component. I would be very interested in knowing which school that is and where it is.
This is for the person who said CASE advised her that her daughter would not qualify for special ed. Although CASE does great things for many parents with special ed issues with school districts, in my personal experience I have found them to be quite conservative and unnecessarily pesimistic. They told me I did not have a chance of winning a dispute with my school district, but I went ahead with a due process hearing and won everything I asked for. I think that two organizations that take a more assertive approach are Parents Helping Parents (the San Jose office) and Protection and Advocacy, Inc. in Oakland (PAI generally only helps developmentally delayed clients, but they have *great* literature that anyone can buy about special ed rights). So don't give up yet- contact these two organizations. You also might try Family Resource Network at Bananas in Oakland. Finally, you can get *a lot* under section 504. I recently attended a seminar put on by the San Jose Parents Helping Parents on section 504 (I forget the speaker's name), but he told us all kinds of things you can get under that statute. He has a website and answers questions from parents. Call them to get his name. Good luck.
The private school which also has a home schooling program is Calvary Christian Center, 4892 San Pablo Dam Road, El Sobrante, Calif., 510-222-1700. Each child works at their own speed. Each subject has workbooks which are at the appropriate level for the student (which has been determined by testing). If the child is behind their grade level in any subject they are given the workbooks which go back and fill in any gaps they might have and bring them up to appropriate grade level. The classes are small and QUIET which many students need in order to concentrate and do their best. My other grandson is attending this year as a full time student (he was a home schooling student at first) and he lives in Vallejo and commutes as do many of the other students. He was near failing at the middle school in Vallejo but since he has transferred to this school is making A's and B's and just loves the school. His sister is insisting that she be allowed to go there next year as she does not want to go to the middle school in Vallejo. We have seen this grandchild's self-esteem boosted back up since he is so happy in school.
For the person requesting special education. This is a very difficult thing to get. Our youngest son is autistic and we had to have a hearing to get him special education. We used a lawyer named Katherine Doble (sp?) who is famous for working with special education cases and we got what we wanted, but it was very difficult and when our other son was diagnosed with a learning disability we just created a program ourselves and paid for it ourselves. It is tax deductible. It sounds like the advice you got is probably right, but you might want to check with Katherine because she has a very good sense of what it is possible to get from the district so that you don't waste your time. I am sorry that I can't be more optimistic.
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