IEP Eligibility Meeting Part 2
So sorry for the delay! Here is Part 2 in the IEP Eligibility Meeting series.
You've completed your introductions and those responsible for assessing your child have reported their findings. Now what?
At this point, it is time to determine whether or not your child needs special education. Please note this very important point: It is not okay for this determination to be made prior to the meeting. In fact, it is illegal. The decision should be made together as a team.
Absorbing all of the evaluation data and the discussion about determination can feel incredibly overwhelming. You are not the first to feel this way! It is also common to experience heightened emotions at a meeting. If you need a few moments to compose yourself, request a brief break.
Keep in mind this team has been put together to help your child. While you may not always agree, it is important to keep your composure and be mindful of your body language and tone. If it is determined that your child is eligible for special education services, this will be the first of many meetings with this team. Do your best to be respectful and open-minded, yet firm and confident when necessary.
The eligibility discussion should be a round table scenario. You are part of the team and your input pertaining to your child is relevant and important.
A few posts ago, I shared the 13 categories of disabilities. To be eligible for special education, your child must have one (or more) of these disabilities and it must adversely effect their education. Your child's situation may be cut and dry and others may be much more complicated. Our younger son fits in the complicated category.
If your child's case is clear-cut and eligibility for special education has been agreed upon, the next step in the process will be to create an IEP. More to come on that in another post.
If your child's case is not clear, here are three questions I would like to share with you from www.understood.org
-What category do your child's issues best fit in?
-What is considered to be a part of a child's education?
-What does an "adverse effect" look like in real life?
What category do your child's issues best fit in?
Some children have multiple diagnoses and learning issues. To determine the category in which they qualify involves thoughtfully considering which one best addresses their specific issues. It is important to remember that your child's needs determine services, not their category or diagnosis.
I am not sure how all states work, but this is the case in mine: "In Iowa, children with disabilities are referred to as 'eligible individuals,' rather than particular labels. This is because labels, standing alone, do not provide parents and educators with information regarding instructional needs. This is also because labelling may be the basis for inappropriately restrictive placement decisions. As a condition of using a non-categorical system, Iowa's non-categorical system must be as broad as the mandate in federal law. Iowa assures this breadth by considering these seven performance domains: Academic, Behavior, Physical, Health, Sensory, Adaptive Behavior, and Communication." (Iowa Department of Education, Special Education Eligibility and Evaluation Standard 6)
"When considering whether a physical or mental condition educational performance 'adversely,' affects educational performance,' teams consider a child's progress and discrepancy in relationship to the following: (1) 'access to general education settings and opportunities,' (2) 'developmental progress', (3) 'involvement and progress in the general education curriculum,' or (4) 'interpersonal relationships or personal adjustment.' (Iowa Department of Education, Special Educational Eligibility Standard 7 (2006). Please note educational performance is broader than proficiency in reading and mathematics." (Iowa Department of Education, Special Education Eligibility and Evaluation Standard 6)
What does all of this mean? Simply stated, if your child has a physical or mental condition and it adversely affects their performance, they have a disability under these Standards and are eligible for special education services. If they have a physical or mental condition and it does not adversely affect their performance, they are not eligible for special education services.
PLEASE NOTE: If your child does not qualify for special education services, they still may qualify for a 504 plan. More on this in another post!
What is considered to be part of a child's education and how is their education adversely affected?
First and foremost, please tuck this information away: If your child gets good grades or scores high on achievement tests, this does not rule out that their disability does not adversely affect their educational performance. It is important to look at the WHOLE child.
If you're in Iowa, this refers to the seven performance domains listed above. "If a child has needs for special education or support services because the child does not meet a standard in one of the seven performance domains, that child is eligible even if the child meets or exceeds academic standards." (Iowa Department of Education Special Education Eligibility and Evaluation Standard 8).
An example pulled from understood.org: "If your child has ADHD, the US Department of Education has made it clear that education includes behavior, attention, and social skills. Challenges with self-control, attention, organization, or social skills can all impede learning. If your child gets good grades, but it takes hours to do a short homework assignment, then their learning is adversely affected."
Ideally, the results of the evaluation will clearly indicate whether or not your child qualifies for special education services. If you are in agreement with the evaluation, these findings will lead to an IEP, 504 plan, or no action. There are alternative outcomes, though.
If you have concerns regarding the evaluation results, do not be afraid to voice them.
If you have had an outside evaluation completed at your expense, bring copies of the results with you to the meeting. There may be circumstances where the school district does not have the expertise or personnel to conduct a particular type of evaluation and may request an IEE at public expense on behalf or your child.
If you don't agree with the school district's evaluation and have not already had an outside evaluation, you can request an Independent Educational Evaluation at public expense. The school district must pay for it if requested by the parents or request a due process hearing. If a hearing is granted, the burden of proof is on the school district to provide evidence that their evaluation was sufficient.
It is important to remember that the information from an independent evaluation does not have to be accepted by the district, but the findings to need to be discussed and considered.
This seems like a good place to stop. At this point, you have agreed to proceed with an IEP, have accepted the school district's determination that your child is not eligible (leading to either a 504 plan, informal accommodations, or no action taken), or you are in disagreement with the district.
Future posts will address the IEP process, 504 plan, and steps to take when disagreeing with the district.
You've completed your introductions and those responsible for assessing your child have reported their findings. Now what?
At this point, it is time to determine whether or not your child needs special education. Please note this very important point: It is not okay for this determination to be made prior to the meeting. In fact, it is illegal. The decision should be made together as a team.
Absorbing all of the evaluation data and the discussion about determination can feel incredibly overwhelming. You are not the first to feel this way! It is also common to experience heightened emotions at a meeting. If you need a few moments to compose yourself, request a brief break.
Keep in mind this team has been put together to help your child. While you may not always agree, it is important to keep your composure and be mindful of your body language and tone. If it is determined that your child is eligible for special education services, this will be the first of many meetings with this team. Do your best to be respectful and open-minded, yet firm and confident when necessary.
The eligibility discussion should be a round table scenario. You are part of the team and your input pertaining to your child is relevant and important.
A few posts ago, I shared the 13 categories of disabilities. To be eligible for special education, your child must have one (or more) of these disabilities and it must adversely effect their education. Your child's situation may be cut and dry and others may be much more complicated. Our younger son fits in the complicated category.
If your child's case is clear-cut and eligibility for special education has been agreed upon, the next step in the process will be to create an IEP. More to come on that in another post.
If your child's case is not clear, here are three questions I would like to share with you from www.understood.org
-What category do your child's issues best fit in?
-What is considered to be a part of a child's education?
-What does an "adverse effect" look like in real life?
What category do your child's issues best fit in?
Some children have multiple diagnoses and learning issues. To determine the category in which they qualify involves thoughtfully considering which one best addresses their specific issues. It is important to remember that your child's needs determine services, not their category or diagnosis.
I am not sure how all states work, but this is the case in mine: "In Iowa, children with disabilities are referred to as 'eligible individuals,' rather than particular labels. This is because labels, standing alone, do not provide parents and educators with information regarding instructional needs. This is also because labelling may be the basis for inappropriately restrictive placement decisions. As a condition of using a non-categorical system, Iowa's non-categorical system must be as broad as the mandate in federal law. Iowa assures this breadth by considering these seven performance domains: Academic, Behavior, Physical, Health, Sensory, Adaptive Behavior, and Communication." (Iowa Department of Education, Special Education Eligibility and Evaluation Standard 6)
"When considering whether a physical or mental condition educational performance 'adversely,' affects educational performance,' teams consider a child's progress and discrepancy in relationship to the following: (1) 'access to general education settings and opportunities,' (2) 'developmental progress', (3) 'involvement and progress in the general education curriculum,' or (4) 'interpersonal relationships or personal adjustment.' (Iowa Department of Education, Special Educational Eligibility Standard 7 (2006). Please note educational performance is broader than proficiency in reading and mathematics." (Iowa Department of Education, Special Education Eligibility and Evaluation Standard 6)
What does all of this mean? Simply stated, if your child has a physical or mental condition and it adversely affects their performance, they have a disability under these Standards and are eligible for special education services. If they have a physical or mental condition and it does not adversely affect their performance, they are not eligible for special education services.
PLEASE NOTE: If your child does not qualify for special education services, they still may qualify for a 504 plan. More on this in another post!
What is considered to be part of a child's education and how is their education adversely affected?
First and foremost, please tuck this information away: If your child gets good grades or scores high on achievement tests, this does not rule out that their disability does not adversely affect their educational performance. It is important to look at the WHOLE child.
If you're in Iowa, this refers to the seven performance domains listed above. "If a child has needs for special education or support services because the child does not meet a standard in one of the seven performance domains, that child is eligible even if the child meets or exceeds academic standards." (Iowa Department of Education Special Education Eligibility and Evaluation Standard 8).
An example pulled from understood.org: "If your child has ADHD, the US Department of Education has made it clear that education includes behavior, attention, and social skills. Challenges with self-control, attention, organization, or social skills can all impede learning. If your child gets good grades, but it takes hours to do a short homework assignment, then their learning is adversely affected."
Ideally, the results of the evaluation will clearly indicate whether or not your child qualifies for special education services. If you are in agreement with the evaluation, these findings will lead to an IEP, 504 plan, or no action. There are alternative outcomes, though.
If you have concerns regarding the evaluation results, do not be afraid to voice them.
If you have had an outside evaluation completed at your expense, bring copies of the results with you to the meeting. There may be circumstances where the school district does not have the expertise or personnel to conduct a particular type of evaluation and may request an IEE at public expense on behalf or your child.
If you don't agree with the school district's evaluation and have not already had an outside evaluation, you can request an Independent Educational Evaluation at public expense. The school district must pay for it if requested by the parents or request a due process hearing. If a hearing is granted, the burden of proof is on the school district to provide evidence that their evaluation was sufficient.
It is important to remember that the information from an independent evaluation does not have to be accepted by the district, but the findings to need to be discussed and considered.
This seems like a good place to stop. At this point, you have agreed to proceed with an IEP, have accepted the school district's determination that your child is not eligible (leading to either a 504 plan, informal accommodations, or no action taken), or you are in disagreement with the district.
Future posts will address the IEP process, 504 plan, and steps to take when disagreeing with the district.
Comments
Post a Comment