IEP & Goals not being met, new school says nothing will change , Can they really do nothing?

[SoCaliMommy]

 My daughter has a IEP

 We just moved, before we moved at her last parent teacher conference her old teacher said if she made no progress toward the goals that they would probably have her sent to a different school inside the district so that she would get more one on one help in a small classroom.  

 New school, i asked the same thing and was told that she wouldn't get moved into another classroom with a smaller size for more on one attention and they would just keep working with her. They said that classrooms like that are only for students that are 2yrs behind. She's already 1year behind academically, makes it sound like they want her to fail more before they will help her more.

Her old school it was noted that a regular class room setting might not be ideal for her. Which is one of the reasons for me asking the new school what they would do if she wasn't making progress. 

 Can they  not really do anything , but keep helping her when it's not working ?

 The end of January will be 2 months at the new school, but not 2 full months because of christmas break.

[KCMichigan]

The new school has to follow her old IEP- they also have a certain timeframe to reassess/reevaluate if they want to (Esp. if you move states).

If the old IEP does not state a specialized school, then- no they do not have to provide that. I would have to be IN WRITING on the IEP for the new school to provide services that were talked about at the old school. The new school may or may not have the same program available (where I moved from specialized school were only for severely impaired students that could not function in a Gen.Ed. building-- multiple disabilities, severe ASD, etc).

I will say as my experiences as a Resource Room teacher that a one year academic delay often would not even have an IEP ( a 5th grader reading at a 4 th grade level, a 3rd grader writing at a 2nd grade level) and considered on the spectrum of abilities you would find in a regular classroom. Depending on how the delays manifest themselves, her dx, her classroom performance, and her abilities (as tested). Often if takes at least a 1.5 yr delay to qualify a student for LD and/or a lack of response to interventions (RTI model) that have been tried and have not helped the student). Students that have not done well under RTI often will get suggested for an IEP, but a one year delay may only warrant support and not independent instruction that differs so much from her grade-level peers. Of course, if she has speech, physical delays, a history of delays (and has been catching up), etc that would change things. Each IEP is different, as is each student and their needs. It is hard to give 'accurate advice' on the Internet w/o knowing the who picture.

Some students w/ LD dont' catch up', some do. Some get just support for classroom assignments. Some require special instruction. Some are on an IEP for K-12 . Others are only on an IEP for a few years. Honestly, it varies so widely per student per school per teacher.

I WOULD ask about more support, a smaller classroom (many schools have Spec.Ed. classrooms for severe LDs, ASD, etc) in the GenEd school. Or they may do pull-our for academics and have students in the Gen.Ed otherwise. Each school has to provide FAPE, but they may do so in different ways (not to say that you can not push for a program that is not currently available, but it is much more time consuming and may take  a longer time).

Depending on 'why' your DD is 1-2 yrs behind will also impact things (what reasoning for the IEP is stated). Do you have on record previous interventions (that way new school does not do the same old things old school did and waste time)?  Do you have proof of a 1+ year delay? (should be in the data portion of IEP). What grade is she in?

The schools also have to document what works/what does not. So that takes time as well. How long ago was her last parent teacher conference? (often a school needs at least 4-6 weeks of 'new ' instruction or teaching method to prove it works/doesnt work)

Give it until the end of Jan (or 60 days due to breaks) or so. If you do not see progress, demand an IEP, get an advocate, and see if you get anywhere.

Check on www.wrightslaw.com to make sure that yours/her legal rights are followed and that the schools are doing everything they should to help her.

[SoCaliMommy]

 Thanks for replying.

She's now in 2nd grade. She made not real progress on her report cards in 1st grade they stayed all 1's ie below grade level standard. The new school did write up their own IEP right before christmas break. When he old school did their evaluation she got the IEP for ADHD- Innatentive type, auditory processing issues, significant speech and language delay.  I have all her previous report cards showing that she made no progress through the year of 1st grade.

 I just looked at her new IEP again and  there is a part that says, the same thing was said on her IEP from her old school.  

 Alexandria's disability requires more intensive instruction than the general education setting can provide at this time as she is having difficulty meeting academic content standards.

 Thanks for much, i will give them til the end of Jan and see how she is doing.

[KCMichigan]

Originally Posted by SoCaliMommy 

 Alexandria's disability requires more intensive instruction than the general education setting can provide at this time as she is having difficulty meeting academic content standards.

This alone should enable you to get pull-out services for math/reading and possibly writing (depending on how they define academic content standards for 2nd grade--- they could have reading/writing independent goals or have a Language Arts section that encompasses both).

Whatever academic goals she has could give you a reason for individualized instruction in those areas. She even could get Resource Room support/pull-out services for a severe Speech delay.

I would request an evaluation for Learning disabilities. Often kids with speech/auditory processing and/or ADHD will have LD (or what appears as LD). LD dx will have more flexibility in individualized teaching. Speech could also be a reason-- some districts offer a 'Speech' classroom that has an individual classroom of kids w/ severe Speech/Lang delays. It usually is a multi-grade with a Spec.Ed teacher and/or a Speech teacher. They focus on language more heavily than a Gen.Ed. class and a smaller class size.

Keep notes on grades. Keep notes on your contact with the teacher and/or the struggles you see your DD having. Request an IEP now and set up the meeting for the end of Jan- that way you and the school have time to gather information and 'think' about a plan. You may find her progressing, you may find that she really really needs more support. That way you have two weeks for the teacher, Spec.Ed teacher, Speech teacher, and anyone else to get an idea of what would help her the best and you will have more time that she has 'settled' in from a new school- they will have a good idea of her abilities and needs.

Good Luck- I hope it works out for your DD and she gets the support she needs to succeed!

[SoCaliMommy]

 I know right now she's being pulled out to separate classrooms for  for Special Academic Instruction 2x a week for 45mins, and Language & Speech for 30mins but doesn't say how many days a week.

I plan on keeping on top of the progress or lack of .

[PikkuMyy]

Regardless of her amount of delay compared to the other students, if she is not meeting her IEP goals in the current setting, you should request an IEP meeting to discuss either changing her placement, services, or goals.

The team needs to evaluate why she isn't meeting the goals. If they aren't appropriate, then you can change the goals.

Are the goals not appropriate? If they are, then the services or placement needs to change to support them.

Either way, as a member of the team, you can request a meeting at any time, so I would request one now, in writing, to discuss these issues.

[SoCaliMommy]

 I'm gonna give it til the end of the month to give her time to adjust more to the new school and see if she's making any progress.

[SpottedFoxx]

They are breaking the law.  If they continue to disregard your concerns, please get yourself an attorney who specializes in special needs kids.  If they can't meet your child's needs then they need to find a school that can - either within their public school system or they will have to pay for your child to go to a private school.  I've heard that California is less than helpful when it comes to meeting the needs of IEPs.  I actually have a friend who just moved back east and was thrilled because she wouldn't have to battle the school to get her son's needs mets the way she did when she lived in LA.

[Linda on the move]

Two months at the new school is really not much. I don't see how you could prove that what they are doing isn't working based on test scores. She hasn't been there long enough. What was *said* but not part of her IEP doesn't mean anything.

What are they currently doing as part of her IEP? Is she in pull out programs? How do you feel sure that with only 6 weeks (of very interrupted school) that it isn't working?

[mommyonamission]

I agree with the other posts; they are breaking the law.  I would make contact to request and IEP meeting so you can get the process started.  I would also suggest looking for local advocacy agency;  They can give you resources and have knowledge of the the IEP process and law.   Do not wait; they will just try to postpone and you will have to go down this road anyway...  Time is crucial and waiting a year is NOT in the best interest of YOUR child.

You will be your child's strongest advocate.

[SoCaliMommy]

Originally Posted by Linda on the move 

Two months at the new school is really not much. I don't see how you could prove that what they are doing isn't working based on test scores. She hasn't been there long enough. What was *said* but not part of her IEP doesn't mean anything.

What are they currently doing as part of her IEP? Is she in pull out programs? How do you feel sure that with only 6 weeks (of very interrupted school) that it isn't working?

Right now she's being pulled out to separate classrooms for  for Special Academic Instruction 2x a week for 45mins, and Language & Speech for 30mins but it doesn't say how many days a week.

[Linda on the move]

Originally Posted by SoCaliMommy 

Right now she's being pulled out to separate classrooms for  for Special Academic Instruction 2x a week for 45mins, and Language & Speech for 30mins but it doesn't say how many days a week.

But since you said it would be 2 months at the end of January, and it's only mid-January, and half of Dec. was break, she's only been in the school (really at school) for what... 4 weeks?

I don't see how you can declare that what they are doing isn't working after being there so little time. The fact that the other school wasn't helping her make progress has no bearing on the instruction in the new school.

You said that you were waiting until the end of the month to decide if she is making progress, but how will you measure it?

What is her dx?

[SoCaliMommy]

ADHD- Inattentive Type, Auditory processing defect, Significant Speech & Language Delay.

 I'm mainly shocked that the new school when asked what they would do if she doesn't make progress said  they wont put her in a smaller class setting  which could help her instead of being in a mainstreamed room since according to them she'd need to be behind by 2 years academically.  

[Aridel]

Originally Posted by SoCaliMommy 

ADHD- Inattentive Type, Auditory processing defect, Significant Speech & Language Delay.

 I'm mainly shocked that the new school when asked what they would do if she doesn't make progress said  they wont put her in a smaller class setting  which could help her instead of being in a mainstreamed room since according to them she'd need to be behind by 2 years academically.  

Very few school districts that I know of would place a child with a one year delay in a separate school, and some don't even place any children, regardless of the severity of their disability, in substantially separate rooms within the neighborhood school.  There are a wide range of strategies and supports that can be used in the context of the general ed. room before looking at moving a child into a different setting.  That said, we obviously don't know what was or wasn't tried with your dd yet, and if she is unable to learn in a large class setting.  The new school doesn't know either, though, and they have to prove that she's unable to function in that setting before considering another setting, under LRE.  It's hard as a parent to wait for a child to fail more before they get more intensive services, but changing educational placement does basically require a child to fail at being fully included, under law.  Different districts interpret it differently, but everyone has to abide by LRE.  They don't need to give her the best education possible, they need to give her one that is as close as possible to that children without disabilities receive, while being appropriate for her needs.  For the vast majority of kids that means staying at their local school with support.

They do need to notify you as to how often she is getting Speech & Language pull-out.  What does her service delivery look like on the IEP?  It usually says something about the number of minutes, and a date range.  What does it say about summer services?  Are you concerned about potential regression over summer vacation?

When do you get progress reports?  That would be an excellent time to ask for an IEP meeting, so that you have their data, your concerns, and your questions to go through.  If she's not going to meet her goals, I'd call a meeting - I agree with you that it's a good idea to wait awhile first, to let her get used to the school though!  The meeting would be the place to really hammer them on how she will make her goals, and if not, why not, and what needs to be changed.  If they offer changes but they aren't what you're looking for (like a push-in session added to her services, or being in an inclusion room in her current school) get them to outline how it will help her make her goals, and why they think it will work.  And then take your time reading and thinking about any new IEP or amendment. 

[KCMichigan]

Originally Posted by Linda on the move 

Originally Posted by SoCaliMommy 

Right now she's being pulled out to separate classrooms for  for Special Academic Instruction 2x a week for 45mins, and Language & Speech for 30mins but it doesn't say how many days a week.

But since you said it would be 2 months at the end of January, and it's only mid-January, and half of Dec. was break, she's only been in the school (really at school) for what... 4 weeks?

I don't see how you can declare that what they are doing isn't working after being there so little time. The fact that the other school wasn't helping her make progress has no bearing on the instruction in the new school.

You said that you were waiting until the end of the month to decide if she is making progress, but how will you measure it?

What is her dx?

Originally Posted by Aridel 

Originally Posted by SoCaliMommy 

ADHD- Inattentive Type, Auditory processing defect, Significant Speech & Language Delay.

 I'm mainly shocked that the new school when asked what they would do if she doesn't make progress said  they wont put her in a smaller class setting  which could help her instead of being in a mainstreamed room since according to them she'd need to be behind by 2 years academically.  

Very few school districts that I know of would place a child with a one year delay in a separate school, and some don't even place any children, regardless of the severity of their disability, in substantially separate rooms within the neighborhood school.  There are a wide range of strategies and supports that can be used in the context of the general ed. room before looking at moving a child into a different setting.  That said, we obviously don't know what was or wasn't tried with your dd yet, and if she is unable to learn in a large class setting.  The new school doesn't know either, though, and they have to prove that she's unable to function in that setting before considering another setting, under LRE.  It's hard as a parent to wait for a child to fail more before they get more intensive services, but changing educational placement does basically require a child to fail at being fully included, under law.  Different districts interpret it differently, but everyone has to abide by LRE.  They don't need to give her the best education possible, they need to give her one that is as close as possible to that children without disabilities receive, while being appropriate for her needs.  For the vast majority of kids that means staying at their local school with support.

They do need to notify you as to how often she is getting Speech & Language pull-out.  What does her service delivery look like on the IEP?  It usually says something about the number of minutes, and a date range.  What does it say about summer services?  Are you concerned about potential regression over summer vacation?

When do you get progress reports?  That would be an excellent time to ask for an IEP meeting, so that you have their data, your concerns, and your questions to go through.  If she's not going to meet her goals, I'd call a meeting - I agree with you that it's a good idea to wait awhile first, to let her get used to the school though!  The meeting would be the place to really hammer them on how she will make her goals, and if not, why not, and what needs to be changed.  If they offer changes but they aren't what you're looking for (like a push-in session added to her services, or being in an inclusion room in her current school) get them to outline how it will help her make her goals, and why they think it will work.  And then take your time reading and thinking about any new IEP or amendment. 

Ditto this.

Really- it is unusual for a child that is less than 2 yr behind to be put in a self-contained classroom (at least in my experience). Each area does interpret the law a bit differently, it does not make it right. But it is legal. They may not even have a self-contained classroom for Speech/ADHD. Usually only severe LDs have self-contained(if the district even does self-contained for non-multiply impaired kids). Severe being 2-5 grades levels behind (think a 5th grader reading at 1st grade or a 3rd grader that does not know his alphabet).

I would also ask how 2x a week pull out for academic services is helpful....Usually a self-contained subject (math, reading, etc) taught in a Spec.Ed room is daily and at the time that GenEd is doing the same subject. IF she is getting support only and still on the Gen.Ed curriculum, that is different and may have 1-5 support days a week - often this is not direct istruction, but reinforcement and adjustment of Gen.Ed curriculum.

I think there are a lot of questions. Get  some answers. Then give her and the new school some time. If the IEP was written in Dec- there is simply not enough time to know if she is meeting goals or not (the ones at the new school), but you should know when and how she is getting Spec.Ed services.

I also agree- she has not been there long. Give the new school a chance.

[Aridel]

Originally Posted by SoCaliMommy 

 I just looked at her new IEP again and  there is a part that says, the same thing was said on her IEP from her old school.  

 Alexandria's disability requires more intensive instruction than the general education setting can provide at this time as she is having difficulty meeting academic content standards.

I just came back to add something about this wording.  There has always been a section on dd's IEPs where therapists/specialists/anyone who does pull-out has to justify why she is removed from the general education classroom.  OT usually writes something about needing the sensory equipment, things like that.  Phrasing like what you have is the type of thing I would expect to see for a child getting pull-out academic supports, like the type you describe your dd receiving.  That doesn't mean your old school didn't mean something completely different by it, but it also doesn't mean the new school agreed to place her in a special school.  What does the placement page say?  How about the accommodations listed under PLEP-A and PLEP-B? 

[Linda on the move]

One of the things about your demand that she be in a special school that seems unrealistic to me is that even for kids who are in self-contained special needs classrooms for most of the day, there is the desire to mainstream them for subjects such as art, pe, etc. Being *behind* isn't a reason for isolation.

The children I know who are in special schools tend to have issues that go beyond academic performance, such as being on the autism spectrum and not being able to function in a regular school building, or having behavior issues that make them possibly dangerous to classmates or others. Most people consider it an extreme intervention. It would mean that your DD wasn't around typically developing peers at all.

How each district handles issues is a little different. One of my friends who is military who son has classic, profound autism (and is non-verbal and most likely cognitively impaired) has attended both a special school and been in a self contained classroom in a regular school -- same child, different states.

I would guess that the next step for your DD is more time in pull out programs if she fails to make progress, then possibly a different home room of all special needs kids with a chunk of each day mainstreamed if she continues to fail to make progress.

But you need to try to work with the school that she's in, and give them a chance to work with your DD (which you haven't done yet).

I'm sorry you are going through this. Moving with a special needs child is super frustrating. How does your DD like her new school?
 

[SoCaliMommy]

She sort of likes it. Last week she came home saying she got detention 2 days in a row, i wrote a note to the teacher and have yet to hear anything back, i even asked the front office about it and they said they didn't know anything about it. I can't talk to the teacher because she's gone right when the bell rings at the end of the day and she gets to the school right before school starts.  

[Linda on the move]

email the teacher, and you could consider copying the principal.

[mommyonamission]

I would email the teacher and copy the principal and whoever is in charge of special services. If you don't cause havoc you will be ignored.