IEPs and Legal Issues

Anyone else dreading the start of school?

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Joined: Aug 04, 2010
Posts: 2
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Posted Aug 04, 2010 at 6:35:24 PM
Subject: Anyone else dreading the start of school?

As the parent of an LD/ADHD son, I am completely dreading the start of the school year!
My son was denied a 504 plan and an IEP at his last school because we didn't know our rights and we didn't even know that smart kids can have learning disabilities.
We ended up homeschooling our son last year and have moved to a new state and new school system.
I've already talked to the guidance counselor who danced around my request for an IEP.
Last year we paid to have a neuropsych eval done for our son and on the WISC IV (I think) he scored "Very Superior" in some areas but "Borderline" in Written Expression.
This is all so new to us, we don't even understand exactly how to get an IEP....but we are learning.
Does it get easier? Does the feeling of impending doom at the start of school ever go away?

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Joined Jun 12, 2009
Posts: 41

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Posted:Aug 05, 2010 3:45:00 AM

Hi JacksMom,
Here's a link to a forum where you might like to post your same question? Where I'm sure that you'll get plenty of helpful replies.

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Joined Aug 17, 2010
Posts: 5

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Posted:Aug 18, 2010 12:48:18 PM


I can give you the viewpoint of what most schools are seeing here. They see a student who is performing at grade level (C grades or better). Schools are not required to provide services to students who are able to perform and do not show an "academic need". In other words if your son does not have "D" or "F" grades and has performed at grade level on his state achievement tests than the school is not required to provide special education services. However, you may want to pursue a 504 plan placement if your child has a doctor's diagnosis of ADHD or ADD. The school may agree to provide classroom accomodations (Extra time to complete assignments and so on.)

Remember, schools are required to provide a free and appropriate education to your son. If your son is receiving grades of "C" or better this will be considered "appropriate" in most cases. This is not to say your son doesn't have a disability. The real question that is asked is does the disability negatively impact on his ability to perform adequately in the general education curriculum. If he gets grades of "C" or better than he will be considered performing in the average range based on grades. I know this isn't what you or most parents want to hear but this is the reality of the situation.

Pete http://educationalconsultingsolutions.vpweb.com/

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