Transition planning and public schools- advice, help needed

[Wild Lupine]

We're in the middle of transition planning for DS, who will turn 3 in August and thus age out of EI. He receives OT and PT for muscle tone and feeding issues, and is about to start more OT for other ADL's (dressing, etc...). He is way, way, way behind on some of these things, like at a 9 month old developmental level and will definitely need services long after he turns three. Cognitively he seems to be fine, at age level or ahead, and the same in terms of language ability, at or ahead of age level.

So far our transition planning talks about how the school district picks up services after age three. And here's my dilemma:

I live in a state that does not have mandatory preschool, and education funding is an issue. The way the law is written is that school districts must offer preschool services to children with a disability, IF their disability impacts their education. At the moment, the school is not certain DS will qualify because they do not believe his physical issues have an educational impact. I know anecdotally that although the preschool team is incredibly skilled, getting kids to qualify in this particular district has been difficult, and that some kids who should qualify haven't, the reason given is that their disability doesn't impact education.

Next week I'll be meeting with the school team to determine if DS qualifies for their services. Has anyone had any experience working with schools over this sort of issue?

DS has excellent insurance, but the copays alone will break the bank with the amount of services he needs. As a teacher I can think of dozens of ways that his physical limitations will impact education, but I need something with more teeth, like a law I can quote.

[KCMichigan]

Have you looked around www.wrightslaw.com?

It is VERY good at info on the legal rights and aspects of Spec.Ed qualifications. See what you can find for your particular state/area.

I feel what you are going through.

DD2 had an IEP in state #1 from age 3.8- 4.5 (we moved) she got OT & PT through her preschool (was a state funded 'at risk' classroom, not Spec.Ed). She is and was cognitively at or above where she needed to be ( academics)----but her IEP was stated that she was not learning age appropriate skills that are 'learned' in preschool (hopping, skipping, social skills, etc). So she was below the expected standards for preschool because some of the benchmarks/expectations were not all academic. We were told that she would be moved to a 504 in K due to the goals/benchmarks being more academic in nature. BUT we got services as long as she was a preschool student- had we stayed she would have continued to qualify for services (we held her IEP and then moved shortly after so it would have held for another year).

Then we moved to state #2.

DD2 still in preschool. State #2 offers universal preschool to ALL students. Upon moving they reevaluated her IEP. Stated she no longer qualifes for an IEP due to her cognitive skills being on track (academics). Did not matter that her gross motor and social skills were delayed since she functioned fine in a Gen.Ed Preschool. Ended services.

DD2 seems much less involved than your DS, but still had some noticable delays. Her 'care/qualifications' varied due to state limitations since she fell in that grey area of being academically where she should be, but still behind her peers in other non-acdemic areas.

DH felt she made a TON of progress and were OK with losing therapies since she would be in preschool again.

Do some research, get an advocate if you can! If your DS struggles w/ self-help skills then he should qualify for school based services since he can not function independently in a classroom setting.

[Wild Lupine]

Originally Posted by KCMichigan 

Have you looked around www.wrightslaw.com?

It is VERY good at info on the legal rights and aspects of Spec.Ed qualifications. See what you can find for your particular state/area.

Thanks, I have looked at Wrightslaw.com and was fairly overwhelmed! It's a huge site, a great resource, but I can't find my way around it yet. I bet I'll be getting to know it very well over the coming years.

From what I've read there's a bit of the law that's open to interpretation, the part that says a child with a disability will qualify for special education services if their disability impacts their education.... how does one determine whether a disability impacts education? I have a friend in the same town whose daughter with CP was turned down because 'her disability didn't impact education.' Her daughter's skill set and need for help is somewhat similar to my son's so I think I'm in for a fight.

Once kindergarten begins I know my son will qualify for services on a 504 plan, but our preschool qualification is for kids that have an educational aspect to their disability, which doesn't necessarily include all kids with disabilities.

[Ili's Mama]

KC, I embarrassed to say that I'm a special ed teacher (as well as a SN parent) and you know more about special ed law than me!  I know that speech is a biggie, with getting special ed services.  But you've gotten some good advice, and I'd say--try for it!  Also, shop around for private therapy too.  Private therapy, even if you can only go once a week, addresses things school won't and can be more comprehensive.  I am a teacher, and I found a place that costs us very little, with our insurance.  School therapy only focuses on educational issues, while private therapy looks at a variety of quality-of-life issues.  Ili gets her sensory integration therapy privately, and I don't know where we would be without that.  Talk to different places, and see if anyone can work with you or with the insurance company.  

[KCMichigan]

Originally Posted by Wild Lupine 

Once kindergarten begins I know my son will qualify for services on a 504 plan, but our preschool qualification is for kids that have an educational aspect to their disability, which doesn't necessarily include all kids with disabilities.

Yes, my DD (actually both most likely) will be on a 504 next Fall in K.

There is an argument for preschool 'education' including self-help skills, gross motor, fine motor, behavioral, and social skills---as well as traditional academic. Funding is available for children ages 3-5  that show " developmental delays". This is separate funding from 0-3 and K-12 .

The interpretation of 'developmental delays' can be interpreted differently by the states.Hence, the grey area of some states Spec.Ed programming for ages 3-5

This is from Wrights Law:

 The current IDEA 2004 Statute (P.L. 108-446) for Part C  contain many requirements states have to meet, including specifying the minimum components of comprehensive statewide early intervention system. States have some discretion in setting the criteria for child eligibility, including whether or not to serve at risk children. As a result, definitions of eligibility differ significantly from state to state. States also differ concerning which state agency has been designated "lead agency" for the Part C program. In fact, statewide early intervention systems differ in many ways from state to state. (source)

and this is from the US Dept of Ed.

At their discretion, states may include preschool-age children who are experiencing developmental delays, as defined by the state and as measured by appropriate diagnostic instruments and procedures, who need special education and related services. 

This explains why my DD received PT/OT in one state for over a year and then when we moved she did not qualify. Yes, she had made gains, but one state determined that since she could function well in a Gen.Ed classroom that she did not need services. The other state had determined that she got services  in with her Gen Ed. peers due a % of delay from age-expected skills. 
 

The 1st state that we lived in did not have mandatory preschool...but DD (and her twin) qualified for a free 'at-risk' preschool since they both had a history (and current) developmental delays and/or a certain number of risk factors (preemie, twins, low birth weight, etc).  Check your area-- ours was NOT heavily advertised, our Early Intervention coordinator gave us details. Only about 3 kids had (non-speech) IEPs out of 16, but the rest had a variety of factors that put them at risk.

My other suggestion would be to look into OT/PT/feeding clinics at local Pediatric Centers. We got to participate in a 'free' sensory week long program for one DD. We lived near a major teaching hospital and that was very helpful.

Originally Posted by Ili's Mama 

KC, I embarrassed to say that I'm a special ed teacher (as well as a SN parent) and you know more about special ed law than me!  

Awww, thanks.I am a Spec.Ed teacher too! (or was until I stayed home w/ my kiddos and teach preschool right now)! Between some heavy duty IEPs when I was teaching (legal wise) and my own DDs-- I try to stay up on my(and my kiddos) rights....and I have a lot of professional curiosity to boot. =]

I find the 'variances' of interpretation of the law interesting and have found a move to a different state eye-opening.

[kbins]

Preschool is not generally offered in our district. We didn't do EI, but started the special ed process "child find" eval when DS was 4 and in private preschool and in private ST/OT twice a week. I wanted to set him up for defined needs for when he hit kinder.

The evals were thorough and professional. I was impressed. However, the services they offered were very specific to academic needs and not ADL. For instance, the only OT they offered was around handwriting. Couldn't care less that his proprioceptives were so bad he falls out of chairs and trips on his feet. We basically had to keep up the private OT to supplement. They just haven't got the people in the school district to do the kind of therapy that isn't academic related.

Your district may not have regular preschool but they may have a preK or PPCD type program just for kids with disabilities. Our district does have a PPCD - preschool for children with disabilities. It was only a few hours a day, and was about 12 kids, mixed in with NT kids (teachers' kids) to make it inclusive. They had a couple of aides, and the disabilities varied.  It was good but nowhere near the amount of interaction DS needed to effectively transition him to kinder. I got them to put DS in both morning and afternoon sessions (he was the only one), by threatening to enroll him in regular kinder (he was old enough by one day, but nobody in his ARD team thought he was ready for it).

I found that going in upbeat but firm, pleasant and not confrontational but clearly informed and not willing to just take the first offer, helped a lot. We asked for a recess on the first ARD meeting (their offer of a 2.5 hr session per day) and it was clear we were going to fight it. We had the principal calling us the next day saying they would get it right. And they did.

Our OT cost us $20 copays, plus the $600 deductible, capped visits annually. It sucked. But what was worse when our therapy office went bankrupt and we lost therapy altogether. Given the small amount reimbursed by insurance for visits (like $69 a visit), they couldn't keep the doors open. The whole thing is messed up.