I have a 9th grade student with an IEP reading at a 4th grade level. His school in South Carolina has had him on a reading program in which he has not been qualified to move levels at all, but they have advanced him anyway. Now they are saying it is too late for him to go on a diploma track. At this point there is no way for him to graduate with his peers. Their suggestion is to give him a state diploma stating that he has gone through 12 years of school. I have researched the issue, and I have gone several times to the school with evidence on film and documents to prove that the school has not done their part in teaching this child since the 4th and 5th grade. Now he is in 9th grade, but none of the teachers, or the school district, wants to admit that they failed this child.
Some questions I have about this particular case that you might be able to help me with are as follows:
- Who is the district level IEP caseworker that oversees the progress of students within the district?
- How is the progress monitored at the district level from one school year to the next?
- How is a student flagged for deeper review when the district office realizes that the student is not passing all IEP objectives and goals?
- What happens when a school reports that a student didn’t pass their IEP objectives/goals for that year?
- Why isn’t there a representative from the district at ALL IEP meetings?
- How often is the school required to submit IEP evaluations and progress reports?
- Is the present education levels recorded in the information that the district receives from the school? Where is this information found? There isn’t any notification in the student’s file that states the district received any notifications of progress.
- How can I obtain a copy of all the district’s notifications from the school?
- How often does the district monitor progress? Who evaluates the progress?
- If there isn’t anyone in control or monitoring the progress of IEP students, what’s the purpose of the IEP?
- Why does the district assume the school is doing their job without following up?
- How is Richland School District going to make sure that my child receives the education that every other student receives? He is currently in the 9th grade only reading at a 4th grade level. He has been in the school district from the beginning of his education, and I am very concerned.
You ask many important questions, but many of them are too specific to be answered in this format. I would strongly recommend that you seek legal advice from a knowledgeable special education attorney. I will try to answer some of your questions in a broader way:
- As a general matter, while a school system may have various ways of maintaining student records and often have records for a student located in a number of different places, there is only one official record. It would be a good idea to seek a copy of all your son’s records, and I would write a request seeking a copy of the district records, school records, teacher records, related service provider records, etc.
- Ultimately, the school district is responsible for ensuring that all students in special education receive a free appropriate education. How they choose to organize their system is up to them, as long as it complies with state requirements. Schools have to submit their special education plan to the state for approval. That plan is a public record, and you should be able to get a copy of it from the school or from the state.
- If a student is not making progress, the school should review why the student is not making progress and whether there is a need to change the IEP, including exploring more intensive services, different strategies, different methodologies and even different settings. This should all be done through the IEP process. In addition, if the student is not making expected progress, it may suggest the need for further evaluation to determine why the student is not making the desired progress.
- Although the special education law itself does not specifically address this, if you were not informed that the track your son was on and the courses he was being assigned would prevent him from getting a regular education diploma, you may have a basis for complaint: 1) you were deprived of the chance for informed and full participation, and 2) you relied on inaccurate information in going along with the school’s plan. This is one of the areas where legal advice would be needed to assess your position.
- Although your question indicates that there were no district representatives at your son’s IEP meetings, the district can delegate this role to a member of the IEP team. They may not have done that or may have done it and simply failed to explain that to you. However, there is no requirement that a person from “the district” be present. Rather, there must be someone representing the district with the ability to make decisions and commit resources.
- Finally, if your son is as far behind as he is and has not received an appropriate education, he may be entitled to compensatory education for the period he has not gotten appropriate services. However, each state has a statute of limitations that defines how far in the past you can complain about. In addition, your son should have a transition plan as part of his IEP that can include additional services geared to prepare your son for life after high school.
Topic
Reading & Dyslexia