The LAW

Forgive me if this is a repeat. I'm new and my other post got lost.

My question is this:
DS9 is on grade level and achievement tests are above grade level. Private testing got him as gifted and LD.

Is there anything in the law that says that a child qualifies for special ed if they are doing "fine" without accommodations? DS is fine in on grade level work, but is excluded from the above grade level work that his gifted mind can handle because his LDs interfere. However, he is gifted enough to get A's in the grade level class. IMO if he could type, he could be in gifted classes.

I have seen Wright's law and my interpretation: regarding testing not being against arbitrary standard when determining LD: but LD doesn't automatically mean you qualify for special ed. There has to be an impact on education.
And I have read about not needing to be failing to qualify: But he isn't getting extraordinary measures in order to pass. He does very well without anything.

But he could do so much more if he could type.

Maybe you should ask the DS if he wants this and accept that sometimes, things are not meant to be and sometimes they are. What you want is kinda irrelevant. parents today push too hard. I don't know what the law says, but, when you push to hard kids especially those gthast have a tough time for one reason or another tend to break. And i know you just want the best for your child and for him to be an over acheiver but what does he want? Maybe he isn't interested in typing? maybe he is, what if in the end learning to type doesn't help him at all and he still cant handle it for some reason or another? Then what? Maybe, this is a time to accept the child you have and to love them for who and what they are and not to push? Or to atleast see if this is what they really want before you put in the time to find out about the laws and to push the system into giving him what you want so he can be the over acheiver that you want him to be rather than the child that he is. Why isn't it enough anymore for our children to just be.... children? In the end you know best ofcourse i don't know crap. I am simply sayi9ng i had parents who pushed too hard on me so, please if he is doing fine this isn't necesary stop and just see what the kid wants before you go the extra mile and push him to go the extra mile. it could be you are doing it not for his benefit alone but because he asked you to look into it. In which case much aplause for your parenting. Just make sure this is about your child and not about you if he is doing just fine as things are before you rock a boat that is stable.

Mandi, I'm sorry that happened to you. I hope that you are able to come to terms with the pressure you experienced.
But my question was about the law. And I wrote it from the point of view of the law, leaving out the personal motivations. Rest assured my DS is not an over achiever. His IQ is 142 yet he is placed in the bottom of his grade. He is very unhappy there and wants nothing more than to move up with his friends.
I feel for you that your parents lived through you, but no worries here. We love and accept our boy in his entirety.

Cool! You are definately a good parent on the right track. Far too few of your kind exhist. And i can't thank you enough. Because being a good parent is hard enough when one has an average or normal child. It is eve harder when dealing with a child who is perhaps in some small ways a little different. So thank you. You will never fully apreciate the difference your parenting will make.

I hope you find the answers you are looking for and i apologize for not having them.

You are the parent of a Twice Exceptional Child. These children have been neglected by educators for years. As long as your child can do grade level academics the school will be uninterested in striving for your child's excellence. Pursue your child's civil right not to be discriminated against. Best Wishes.

If your child is performing at grade level, you will find it difficult -- if not impossible -- to get him/her to qualify for special education services. Does your state have gifted programs and could you get him/her qualified for gifted instruction under this criteria?

Twice exceptional students often do not qualify for assistance.

Here is a link that may be helpful in getting a gifted student with a documented LD access to advanced placement classes:

http://www.ed.gov/about/offices/list/ocr/letters/colleague-20071226.html
[Modified by: dhfl143 on May 23, 2009 10:04 PM]

Check out the Lillie Felton letter. It basically says that even if a child is passing from grade-to-grade and is not failing, doesn't mean they cannot qualify for sped services as they must be measured by their own ability, not some other standard (like grade-level work).

http://www.wrightslaw.com/info/elig.sld.osep.felton.htm

http://www.uniquelygifted.org/schools.htm

Good luck!
Diana
www.spedvocate.com