IEP questions

[CrazyLucky]

I am a guardian ad litem, which means I advocate for children who are in the custody of child protective services.  One of the kids I am working with is special needs.  I'm hoping you will be able to  help me understand a few things so that I can help him as much as possible.
The kid, Z, missed the entire second half of eighth grade and is currently repeating eighth grade.  He was reported to have autism, and he had an IEP.  The most recent IEP was completed in April of 2017, despite the fact that he did not attend school at all in 2017.  In the most recent IEP, several accommodations that he had previously been given were deemed not necessary, and removed.  These include things like having questions read aloud to him, being tested in smaller groups to minimize distractions, being given study guides and extra breaks, etc.
Z is now at a group home.  His mother was homeless and had no way to provide for him.  She has a plan to regain custody.  In the meantime, Z attends school at the group home.  The school is a small Christian school, but it is a valid school (I don't know the right term - accredited?)  Z was given an in depth psychological evaluation, which found that he was not autistic,  but that he does have mild retardation.  It said his grade level in all tested subjects is grade 2.
I am concerned that the school is not able to meet his academic needs, but I have no formal knowledge to back that up.  My questions are:
1) How often are IEP's re-done? I feel like one needs to be done considering this most recent report.
2) Because it's a small school, he has only two teachers total.  Who is generally involved in an IEP?
3) What should I look for to see if his needs are being met?  I know that's a vague question, but this is all new to me.  I have access to his school records.  I speak with his case worker often and I am going to set up a discussion with his teachers.

Thank you thank you for any advice you can give me on how to help this kid.

[auntie]

Sept 12, 2017 22:18:24 GMT -5 CrazyLucky said:

I am a guardian ad litem, which means I advocate for children who are in the custody of child protective services.  One of the kids I am working with is special needs.  I'm hoping you will be able to  help me understand a few things so that I can help him as much as possible.

Thanks for stopping by. And for doing what you do. 

FTR, you are working with a child who has special needs, not a special needs child. Person-first language matters. 

The kid, Z, missed the entire second half of eighth grade and is currently repeating eighth grade.  He was reported to have autism, and he had an IEP.  The most recent IEP was completed in April of 2017, despite the fact that he did not attend school at all in 2017.  In the most recent IEP, several accommodations that he had previously been given were deemed not necessary, and removed.  These include things like having questions read aloud to him, being tested in smaller groups to minimize distractions, being given study guides and extra breaks, etc.

Those accommodations are pretty garden-variety- you might see them for a kid with ADHD, learning differences, ASD. While accommodations can be helpful if the student processes information more slowly than peers or if they are very easily distracted. 

Accommodations are often about lowering the bar for a student which is appropriate in some situations but not in others. Sometimes accommodations are meant to help the school by giving the student the best shot at doing well in high stakes testing- making AYP for students with IEPs in secondary grades is very difficult for even excellent school districts.

More important are interventions. Specifically what sort of differentiated instruction is being offered? Under IDEA, he is entitled to a "free and appropriate education". Appropriate for him means a highly qualified teacher (board certified in special education and the subject being taught). Appropriate might mean 1:1 or small group instruction using differentiated curricula for a student with his IQ and learning style. A multisensory approach is probably a better fit. He needs an education that maximizes what he can learn and that looks forward to preparing him for the workplace. A plan should in place to keep him in the educational system until her ages out at 21. 


Z is now at a group home.  His mother was homeless and had no way to provide for him.  She has a plan to regain custody.  In the meantime, Z attends school at the group home.  The school is a small Christian school, but it is a valid school (I don't know the right term - accredited?)  Z was given an in depth psychological evaluation, which found that he was not autistic, (not a student with ASD/autism)   but that he does have mild retardation (we say intellectual disability, now) .  It said his grade level in all tested subjects is grade 2. 

How did he lose the autism diagnosis? You realize these two conditions are frequently seen together. What scales and tests were done when he had his "in depth psychologicial testing"? I need names. Has he been medically evaluated by a developmental pediatrician? Was a neuropsychological eval done? A psychoeducational eval? Was this done by a Phd level psychologist? His school district? 

I am concerned that the school is not able to meet his academic needs, but I have no formal knowledge to back that
up.  

I don't even know him and I'd bet the rent this is a violation of his rights under IDEA to a free and appropriate education in the least restrictive setting. He needs to be in a good quality public school with an IEP that offers differentiated instruction delivered by qualified educators- probably in a mix of special education classrooms and the mainstream for specials and access to typical peers. 

My questions are:
1) How often are IEP's re-done? I feel like one needs to be done considering this most recent report.

By law, an IEP is done at least yearly. An IEP is like the Constitution- it is a work in progress and should be reopened anytime there are new information and concerns or if the accommodations/interventions are not working as they should. 

The most critical piece to this is that his IEP contain precise, appropriate and measurable goals- if you can get that, the services will follow. I often suggested goals when my son was a student. 

I would urge you to read this book- it's an easy read written for parents who advocate for their children. It really outlines the mechanics of how IEPs work. The wrightslaw website is a terrific resource as well. 

www.wrightslaw.com/bks/feta2/feta2.htm


2) Because it's a small school, he has only two teachers total.  Who is generally involved in an IEP?

The parent/guardian (always), a committee chair from the district, the custodian of the IEP (generally a sped teacher, sometimes a teacher of the student, sometimes not), a general education teacher (who is meant to offer suggestions for making mainstream workable as an option), the students teachers and any specialist service providers like a para, OT, reading specialist, counselor and sometimes the school psychologist. It is required that the student participate in his IEP from the age of 16 (I think), but it can be appropriate earlier. DS started to attend at least a part of his IEP meeting starting with the transition to middle school- it's part of teaching the student to advocate for themselves. 


3) What should I look for to see if his needs are being met?  

You look at the quarterly reports (or ask for more frequent communication- stipulate this in the IEP) about his progress toward his IEP goals and benchmarks.

I know that's a vague question, but this is all new to me.  I have access to his school records.  I speak with his case worker often and I am going to set up a discussion with his teachers.

Thank you thank you for any advice you can give me on how to help this kid.

[CrazyLucky]

auntie, wow, I can't thank you enough. I will use this information. I'd be willing to bet the teachers are not certified special education teachers, but I will research it. Thank you again!

[CrazyLucky]

auntie, I didn't have the report in front of me, but now I do. Thank you for the gentle correction. I will keep it in mind going forward.
I need to do more research into IDEA so that I can go in there with confidence and ask questions like, "Are your teachers certified? If so, in what?" It seems like a lot of Christian schools are permitted to hire non-certified teachers. I don't know if that is the case at this school. I understand what you are saying about teaching to his learning style. I'm wondering what you think about balancing that against his stated desire to not go to public school? Last school year, from January on, he flat out refused to go to school. I'm worried about advocating for him to go to public school, and then him refusing to go.

I'm new to this and trying to pick up lingo. The psychologist said that he displays no signs of autism. I don't know if he "lost" the diagnosis. The tests he did were WISC-IV, WRAT-4, and BSI-A. Ha cautions that they are screening tests. His IEP was done by the former school district. The test I mentioned was done by a PhD psychologist. I don't know about any pediatric neuropsychological evaluation.

Can you give me an example of goals? Is it something like, "Z should be able to read a five page story on a fifth grade level and correctly answer comprehension questions about the story?" "Z should be able to add and subtract 30 fractions equations within ten minutes?" Or are those too specific and ridiculous? He is in 8th grade, but the tests suggested he is at a second grade level.

I put a hold on the book you suggested at the library. Thank you for the recommendation and thank you for the time to answer my questions in such great detail. I really appreciate it.

[waverly]

1- Usually annually or if a change needs to be made- might not require a meeting for a change. You can change the date of the annual IEP meeting to say October and then it would be every October.
2- School psychologist/ counselor, social worker, nurse if they have them, VP, teacher, special ed teachers etc.
3- I would start with What are his needs? Then has there been progress towards his goals?

Public schools are required to hire teachers that are licensed by the state. Private schools are not. So I might ask more their background then if they are certified. See if anyone has training in special education.

A public school IEP can still assist/ affect a child in private school in some ways. Probably not as much as if they are onsite, however.

Did something happen at the school? Same school, right? Is it a good quality public school? Is there someone you can speak to there about what happened last year and why he wouldn't attend?

Some goals might be specific like speech work on the letter f. But they can't be that specific for every benchmark in academics, so it will be relating to what he specifically needs accommodations for or the area that he needs more help. Like sits in the front of the classroom. Or additional time for testing or an aide or in a special ed classroom or oral testing with written.

[redmonkeystomper]

I am a special education teacher so hopefully it us ok for me to jump in...
Nonpublic schools are not legally required to follow the IEP so you may have some resistance from the school with providing the accommodations. If he has the opportunity to attend a public school but is not because he doesn't want to, then he does have access to a free and appropriate education and you can't argue that the current school must provide that. I think it would be good to contact the previous school and try to determine why he doesn't want to go there. Good luck and thanks for doing what you are!

[CrazyLucky]

Sept 13, 2017 16:07:12 GMT -5 waverly said:

1- Usually annually or if a change needs to be made- might not require a meeting for a change. You can change the date of the annual IEP meeting to say October and then it would be every October.
2- School psychologist/ counselor, social worker, nurse if they have them, VP, teacher, special ed teachers etc.
3- I would start with What are his needs? Then has there been progress towards his goals?

Public schools are required to hire teachers that are licensed by the state. Private schools are not. So I might ask more their background then if they are certified. See if anyone has training in special education.

A public school IEP can still assist/ affect a child in private school in some ways. Probably not as much as if they are onsite, however.

Did something happen at the school? Same school, right? Is it a good quality public school? Is there someone you can speak to there about what happened last year and why he wouldn't attend?

Some goals might be specific like speech work on the letter f. But they can't be that specific for every benchmark in academics, so it will be relating to what he specifically needs accommodations for or the area that he needs more help. Like sits in the front of the classroom. Or additional time for testing or an aide or in a special ed classroom or oral testing with written.

Thank you.  He was attending a public school, but is currently attending a private school.  I can advocate for him to go to public school if I think that is in his best interests.  

I've talked to the kid, his mother, and his psychologist about why he refused to go to school, and haven't found the root cause.  He changed schools in December 2016, went to the new school for a month, and then stopped going to school.  So I feel like it has to do with something at the new (in December 2016) school, but he denies that.  I have not tried to talk to his former school,  though.

Thank you for the guidance on goals.
I've started researching about IDEA and I'm having trouble understanding what applies to private schools.  If none of it does, then it may be in his best interest to go to public school.

[auntie]

Sept 13, 2017 15:08:30 GMT -5 CrazyLucky said:

auntie , I didn't have the report in front of me, but now I do. Thank you for the gentle correction. I will keep it in mind going forward.

The language thing takes some getting used to. If you ever need to write something and want to make sure you have chosen appropriate language, Special Olympics has a FAQ for the media on their website that has been useful for me. 


I need to do more research into IDEA so that I can go in there with confidence and ask questions like, "Are your teachers certified? If so, in what?" It seems like a lot of Christian schools are permitted to hire non-certified teachers. I don't know if that is the case at this school.

That may be the case. In many places, private schools can put anyone they like in front of the classroom. They don't pay well and they often don't attract talent.

I understand what you are saying about teaching to his learning style.

Learning style and differentiation are critical pieces to him learning. But first you have to have a real understanding of what the strengths and weaknesses of the student are. 

I'm wondering what you think about balancing that against his stated desire to not go to public school? Last school year, from January on, he flat out refused to go to school. I'm worried about advocating for him to go to public school, and then him refusing to go.

Some thoughts, there must be ways- as a representative of the state that you can make his attendance mandatory. As a forum moderator for a couple of special needs boards over the years, school refusal is a huge issue for a lot of kids with different dxs- anxiety issues, autism (especially around middle school), specific learning disability, etc. And then there's always the very real possibility the kid was being bullied. You need to get to the bottom of why because this is a problem that will remain and will impact his transition to any degree of independence in adulthood.  

Most non-therapeutic private schools (therapeutic schools are sometimes called "non-public" which is confusing), do not accept students with IEPs. A few will, if the IEP contains a no-cost accommodations such as the ones he had prior. But if the IEP calls for interventions that cost money- like a special reading program, a personal paraprofessional or a OT sessions- they will likely show the student the door because they are not funded to provide such services. 

There could be an option to have him do a dual enrollment where he mostly attends the private school but gets some academic supports around reading/math at the local public school a couple days a week in addition. I did this while my son attended a private reading lab school in another state. He visited the local public school for speech and social skills weekly. This was somewhat inconvenient, but I was SAH at the time. Transportation is included in IEP services as needed, but this might still be a difficult option to execute for an older student. 





I'm new to this and trying to pick up lingo.

I know, it's like a whole other world.

The psychologist said that he displays no signs of autism. I don't know if he "lost" the diagnosis.

And the psychologist could be spot on. But, he was not evaluated for ASD. If you don't specifically look for a specific condition, I promise you won't find it. It's possible the "diagnosis" was more of a rumor among previous teachers. What's the kid like in terms of personality? Does he take any psychoactive medications? 

The tests he did were WISC-IV, WRAT-4, and BSI-A. Ha cautions that they are screening tests.

I'm not sure what a BSI-A is. I've never heard of it and google doesn't offer any clarity. There's a pretty common roster of evals most places use, so when I see a new acronym I's curious why they didn't use one of the acknowledged standards. WISC is the standard IQ test. It should be relatively accurate (=/- 15 IQ points is a Std dev- a reported IQ of 70 could really be as high as 85) WRAT is the achievement test that aligns with WISC to provide current performance. 

This was not a robust evaluation, nor did it meat what I would consider the "evaluation for all areas of suspected disability" in IDEA. Two items I would have liked to have seen are BASC and the Vineland. The BASC is a 3 part questionnaire that looks at abilities, personality and potential mental health issues. A kid with school refusal likely has mental health challenges. BASC is a questionnaire that would be filled out by a teacher, parent/caregiver and the student. Vineland offers a look into social, emotional, communication and adaptive skills to provide context to the WISC and WRAT. 

His IEP was done by the former school district. The test I mentioned was done by a PhD psychologist. I don't know about any pediatric neuropsychological evaluation.

If he is living in a different school district, the new LEA is required to re-evaluate and draft a new IEP. Who is paying for this Christian school and please tell me it isn't me as a tax payer? The new district may do the eval but not an IEP if you aren't in district for school. Usually they do a Services Plan. Or knowing this is an utter waste of their time, they'll phone in the most generic of documents since they won't be living with the consequences.

www.wrightslaw.com/blog/private-placement-iep-services-for-students-voluntarily-in-private-school/


That said, it is critical to have the eval and make sure it is a robust one just in case he is asked to leave and public school becomes his only option. Does this school offer high school next year? 

Can you give me an example of goals? Is it something like, "Z should be able to read a five page story on a fifth grade level and correctly answer comprehension questions about the story?" "Z should be able to add and subtract 30 fractions equations within ten minutes?" Or are those too specific and ridiculous? He is in 8th grade, but the tests suggested he is at a second grade level.

TBH, they aren't really specific enough and pretty good for somebody who has never done this before. You'd want to add opportunities for probing/collecting data. You'd want to use the same specific "levels" teachers use- probably DRA or maybe Scholastic. Second grade performance at 8th grade is worrisome. If his IQ is borderline, it should be higher than that. 

I put a hold on the book you suggested at the library. Thank you for the recommendation and thank you for the time to answer my questions in such great detail. I really appreciate it.

[freezorburn]

CrazyLucky, just want to say that it's really great to see a GAL taking the time to get into the complexities of a case, and researching areas you might not have knowledge or experience, but doing so helps serve the child. A few of my single-parent friends had GALs involved in their cases, and their experiences are something of a mixed bag. So, thank you for doing what you do, and for going the extra mile.

[zaraceli]

I don't have to much experience in IEP meeting yet, but I have two things to suggest.
1) if he has ABA therapy service you can ask to his supervisor to go with you to the meeting they can help you with all the question and to have a better understanding about what's going on with his EIP.
2) you can also ask for mainstreaming education to help him in his needs at school.

[zaraceli]

I forgot to mention IEP meeting are usually done close to the birthday of the kids. But you can request a new meeting anytime you want to discuss something

[auntie]

Sept 15, 2017 22:54:59 GMT -5 zaraceli said:

I forgot to mention IEP meeting are usually done close to the birthday of the kids. But you can request a new meeting anytime you want to discuss something

This may be the case for a younger child who has transitioned from a Birth to 3 Program (IDEA part C/"EI") since they're valid for one calendar year, but by the time a kid is in 8th grade this is unlikely to still be the case.


Many schools like to schedule them toward the end of the school year, so that the transition from grade to grade is seamless. DS's IEPs meetings were always in June. Another group of students seem to have their IEP due about 2 months after school starts, since any child who moves between LEAs will have a mandated re-evaluation and IEP meeting at the new school. 

A parent (or GAL) can request a meeting anytime, but re-opening the IEP to change or add a service or placement requires legal steps outlined in the procedural safeguards. That said, DS's 7th grade IEP custodian and I re-opened DS's IEP at BTSN to swap out his science class because it wasn't a good fit for him. Took all of 10 minutes since we both wanted to do it and he'd already talked to the rest of the team. 

[CrazyLucky]

auntie, waverly, redmonkeystomper, freezorburn, zaraceli,
Just a quick update and a thank you. I got the book Wrightslaw: From emotions to Advocacy from the library. After going through what I wanted to know immediately, I went ahead and bought it so I'll have it for reference. Z's grades this marking period were low in math and science despite modifications, and everyone is in agreement he needs to go to public school. He has a court date coming up and I highlighted going to public school as a recommendation in my report. Crossing my fingers it's granted.
In the meantime, the poor kid has no family who can take him in. The group home he's living at right now is a good stable environment for him, but he still wishes he could see/ live with his mother. He is excited about Christmas, because the home has sponsors for each of the kids, and this year, he can get some wants, instead of nothing or just needs.
I just want to thank you all again for your help and guidance. At the beginning, it was completely overwhelming. It still kind of is, but I'm feeling slightly more confident.

[auntie]

CrazyLucky,

Sounds like a pretty good update. I'm glad Z has you in his corner.

[toastie]

Who placed him in this small school? Was his iep written prior to attending there? I’m a CASA and a special needs mom so I can see how hard it is to advocate for a child you only know a short time.

I would begin with asking the teacher credentials, getting a copy of his iep, asking the teachers how they are implementing it, and for his most recent progress report which should outline how is progressing in meeting his iep goals.

If he has had testing done by a private doctor, I would request that in addition to the child study team findings from the school.

Have you met with bio mom? Is she on board with his placement? Does her plan to reunify include her moving school districts? If you feel he is being underserved you can also go to the child’s law guardian for additional support in getting the judge to order testing or other needs