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Revoking an IEP because of refusal to retain in kindergarten


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Joined: Sep 04, 2010
Posts: 1
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Posted Sep 04, 2010 at 9:02:17 PM
Subject: Revoking an IEP because of refusal to retain in kindergarten

My son has just started kindergarten (4 days into it) and has an IEP from preschool for speech. I do not feel like the services provided from last year helped my son. The school contacted me friday and told me that they want him to go back to preschool because he has an IEP and won't be able to repeat kindergarten because of that regardless of how he does in kindergarten. They said they've noticed in the 4 days of kindergarten that he is having trouble with his pencil grip, still has some speech problems (which I noticed aren't much more than a lot of kids his age), and that he acts more interested in playing than academics. I feel that the detriment of not being able to repeat a grade if needed is more than the detriment of quitting the IEP services. I guess I am looking for input or suggestions. At this point, I am considering revoking the IEP which will allow him to repeat kindergarten if needed. Any input is appreciated. Thanks.

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dhfl143
Joined Jan 25, 2008
Posts: 244

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I've never heard of a student not being able to be retained based upon having an IEP. I would ask for the policy on that in writing.

Many children do not have a good pencil grip at this age. Perhaps it is time to call an IEP meeting and see what can be offered to help address the pencil grip and speach problems. Is he receiving any speech therapy?

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DRHD
Joined Apr 29, 2008
Posts: 135

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Akeith,

I read your posting and I must respond. I will recommend that you DON'T refuse the current IEP for your son at this time. If what you describe to be what was conveyed to you by the teaching staff, this violates every good faith intent of the implementation of federal laws to safeguard children with disabilities in addition to their parents. For a school to convey to you that your child is not "kindergarten ready" from what you describe is preposterous. Whether a child has an IEP does not preclude the child from having a second year in Kindergarten so please placce your mind at ease. Grade retentions are or can be a strategic placement decision at a point in time in the future but to begin thinking of retention and removal back to preschool having been in regular session only four days of school decries of ridiculous and incredulous.

I suggest to have this IEP discussion and ask questions about the pincer grasp of the child to write properly with a pecnil...this could be an Occupational Therapy matter. As for his social/emotional maturity, I am curious about his age in all deference to the opinions of the teacher. What is the birth month and year of your child? Also, what were the developmental delays identified by the program in his preschool?

In all of what you do for the moment, you do not consent to removal back to preschool or revoke the IEP. Once done, your son would be considered a child with no disability and if services were to be reconsidered in his future, there would have to be a reevaluation as if for the first time.

DRHD

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JaiLeX
Joined Oct 13, 2010
Posts: 1

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AKeith, I agree with the two other posts. First of all, as a kindergarten teacher, it's VERY difficult to retain a child in kindergarten or preschool (at least in the NYC public school system). It's also very hard to determine if a child is truly "kindergarten ready." I have had students in my classes that I believed could have used more time in pre-k, but after only 4 days of school, it is impossible to make that decision. Kindergarten has a very broad range of readiness and abilities, From students who cannot count to five, to students who can read. Most students (with or without IEP's) will grow tremendously in kindergarten.

Second of all, the pencil grip is something that many kids at that age have difficulties with. I would suggest that you have an IEP meeting with the IEP team in your child's school and find out what's developmentally appropriate for a child his age and what isn't.

And by the way, this is my third year teaching kindergarten and I've seen VERY FEW children enter kindergarten and are ready for academics within the first couple of weeks. Many of them aren't even five years old yet. So of course he will still be more interested in playing!

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Nadine Richards-Ramsey
Joined Oct 13, 2010
Posts: 2

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I don't think that you should have his IEP revoked. Perhaps you can have the issue re-visited and see if he really has any problems. Pay extra attention to him at home like is he forming coherent sentences, able to hold a conversation, and if he plays well with other children his age. Can he play long periods by himself or with others? Does he get bored easily or has a short attention span? Does he get easily frustrated when he is trying to get his point across to others? If you are still disatified with how your son is being treated, you can contact your school board or local senators or representatives.

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