Grade Retention UPDATED - Page 2

[liberal_chick]

I got a call yesterday to set up another meeting with the team that met with me before.  They scheduled it for after we follow up with his doctor next week.  The story on the OT was different yesterday: "You understand why we can't see him in OT here, don't you?  Because we are unable to link the need for OT with the SPED services he's already receiving (speech therapy)."  Still illegal?

Thank you all so much for your ongoing input and advice!

[Geofizz]

Originally Posted by liberal_chick 

UPDATE:

I sent a letter to the school requesting that they evaluate him for special ed. We set up a meeting. He already has an IEP due to his speech therapy, so I met with the speech teacher, his classroom teacher, the classroom aide, and the VP.

What the school said: Don't evaluate him now, because he may not qualify and then we can't evaluate him again for 3 years and he may really have a hard 3 years. We think he needs to repeat first grade. We think he probably has ADD or ADHD. We'll draw up a plan to get him into some school based mental health program (to try to help with his hatred of school). He may need OT but we're backed up and cannot see him. We encourage you to take him to the pediatrician.
 

Originally Posted by liberal_chick 

His teacher says he can't focus, she doesn't think he's ready for some of the math concepts, and he needs OT (which I'm working on getting through our insurance as the school won't help him unless he's in the SPED program) because he can't hold a pencil correctly.  I thought some of his lack of attention could've been attributed to lack of sleep (he had horrible sleep apnea), but we've since had his tonsils and adenoids out and that has resolved while the attention issue has not.

They've told you twice that they won't evaluate him. 

This is where things have gone wrong.  If you request an evaluation, they must evaluate.  Period.  It's not a matter if having time or having the staffing.  It's not a matter of when the IEP, based on SPEECH ONLY, is due for re-evaluation.  You requested an evaluation and they refused.  This is the step that's in violation of the law.

Originally Posted by liberal_chick 

I got a call yesterday to set up another meeting with the team that met with me before.  They scheduled it for after we follow up with his doctor next week.  The story on the OT was different yesterday: "You understand why we can't see him in OT here, don't you?  Because we are unable to link the need for OT with the SPED services he's already receiving (speech therapy)."  Still illegal?

Services are driven by identified needs.  Because they haven't evaluated for OT, there is only a recognized need for speech at this point.  So no, having DENIED your son his legal right to the OT evaluation, they can't find for a need for OT services, which is why he's being denied the services.

So YES, still illegal.

[Emmeline II]

Originally Posted by Geofizz 
They've told you twice that they won't evaluate him. 

This is where things have gone wrong.  If you request an evaluation, they must evaluate.  Period.  It's not a matter if having time or having the staffing.  It's not a matter of when the IEP, based on SPEECH ONLY, is due for re-evaluation.  You requested an evaluation and they refused.  This is the step that's in violation of the law.

Services are driven by identified needs.  Because they haven't evaluated for OT, there is only a recognized need for speech at this point.  So no, having DENIED your son his legal right to the OT evaluation, they can't find for a need for OT services, which is why he's being denied the services.

So YES, still illegal.

[Emmeline II]

Originally Posted by liberal_chick 

I got a call yesterday to set up another meeting with the team that met with me before.  They scheduled it for after we follow up with his doctor next week.  The story on the OT was different yesterday: "You understand why we can't see him in OT here, don't you?  Because we are unable to link the need for OT with the SPED services he's already receiving (speech therapy)."  Still illegal?

Thank you all so much for your ongoing input and advice!

I'd stop answering my phone and communicate through e-mail, or, immediately after every telephone call send an e-mail to the caller, and put the e-mail addresses of the special education director, and the principle in the CC box.

Dear Mr. X,

Thank you for calling me yesterday to schedule the IEP meeting for next Friday, May 18, 2012. I forgot to ask you to send the Notice of Individualized Education Plan Meeting home with dd for me to sign; I am also able to pick it up from the school office if necessary.

You had also asked me if I understood why he cannot receive occupational therapy at school, and that it was due to you being unable to link the need for OT with the SPED services he's already receiving. I am actually a bit confused on this topic and I would appreciate if you could clear this up for me. After doing some reading on the Arkansas Department of Education, Special Education web page, my understanding is that the occupational therapy services are contingent upon the school establishing a need for those services and is unrelated to other services he may be receiving.

If my understanding is incorrect I would appreciate if you would point out the section number of the applicable law so that we are all on the same page. I have included a link to the Arkansas Department of Education, Special Education page for your convenience:Arkansas Department of Education- Special Education - Rules and Regulations

.

Thank you so much for your help.

[khaoskat]

You do not have to link the need for his current services to the need for OT.  THey can be related to different issues and deficiencies which need to be addressed.

Sorry, a bit fried right now, and not making very good sense, will write later.

[liberal_chick]

Thanks for all the continuing feedback!  I have another update...

We got some ADHD questionnaires filled out by his teacher and others who are in regular contact with him at school.  Dh and I also filled a copy out.  We followed up with ds1's pediatrician on Friday.

She spoke with everyone (speech teacher, classroom teacher, and VP) on Thursday and the devised a plan.  She told me that she told them her plan (the one above) and the first thing out of the principal's mouth was "but the state won't pay for him to be in special education." :-l  They were going on and on and she said she had to interrupt them to say "you do realize that this child was premature, was on two types of ventilators, and had some oxygen deprivation at birth?" and they claimed they had no idea.  I've only mentioned it about 50 times and it is on his speech intake sheet.  They changed their tune after that.

They are essentially going with the pediatrician's plan to move him on to 2nd grade and test him immediately when school begins.

Ds1 had his first OT appointment last week and he, apparently, way qualifies for it.  The therapist told me that he is very low tone all over his body and has a lot of weakness, so much that she may see if he can also do some physical therapy.  She also said that a lot of his wiggles and inability to sit still comes from being so low tone.

[Geofizz]

Your pediatrician is an angel. I'm so glad she went to bat for you. I really hope that the OT services are useful in helping your DS succeed. Your son is lucky to have a mom who pushed and pushed to get what he needs.

[Linda on the move]

That's wonderful news!