On going MTSS/denied eligibility

[Kaitlyn]

My 3rd grade was recently denied an IEP. Stating she does not meet the criteria for SLD. She has been in tier 2 reading support for a couple of years now and just started math support as well. The data shows she is making progress. And I do see her reading progressing and she has a love for it. 
But the testing discovered (and confirmed my suspicions) that she has slow processing. I'm also VERY concerned with her writing and spelling , more so than her reading honestly. But they show she is "average " in both, which shocks me. 
They referred me to the 504 coordinated.  
My initial thought is to file for an IEE BUT I also have another child who has an intense IEP at the same school, her team has been really wonderful and I'm concerned about retaliation. 
I'm curious if you would accept the eligibility determination and closely monitor her progress with recommend accommodations then possibly ask for an IEE later. If I were to accept denial, would this affect my case down the road if IEE is the answer? 
Do you think partially accepting and then sending a written explanation would be the way to go? 
Apologies for the long winded post

[Carolyn Rowlett]

That's a tough one to answer without all the facts.  It sounds like you're ok with her progress in reading.  But as you state, definitely monitor this.  Is the progress she is making closing the gap with her peers and advancing her toward grade level?  She would need to be making more than a year's worth of progress in one year's time in order to be making sufficient progress.  Otherwise, she never closes the gap.  Also, how does your school district determine eligibility for an SLD in reading?  Sounds like response to intervention?  If so, ask what their policy is on how MUCH progress is needed to deny eligibility.  Finally, what state are you in and does your state have any reading/dyslexia laws in place that you can refer to?  Some states have strict laws reading reading that even without an IEP your daughter might be entitled to a specific type of intervention, which she may not be receiving now.

As far as the slow processing,  I tend to agree with the school that a 504 would be the appropriate path for that.  There are some brain practices, etc., that can improve processing speed, but schools usually address this with accommodations only.  It would be a fight to get specialized instruction and goals for slow processing in an IEP, and there's no guarantee it would be that beneficial.

As far as the math and spelling, with the school eval showing her to be "average," there is not much you can do aside from requesting an IEE (except, as you state, closely monitor).  Do you have other data regarding these areas such as grades, standardized testing, spelling test results, written work that you can use to show the school why you are requesting an IEE?  That way you can couch it in terms of "I understand your evaluation showed..., but I'm seeing..."  It would be hard in that case to blame (retaliate) a parent/child for requesting additional data.  If you don't have the data now, start collecting it.  That way your request is based on data/facts, rather than you just not agreeing with their evaluation (which I know is not the case, but it helps to avoid that perception).

I like your idea of signing the evaluation report/eligibility decision with a written explanation of why you have concerns that the team did not find eligibility.  Write this on the signature page OR make a notation on the signature page that there is an attached written statement by you.  A partial acceptance will NOT affect your case down the road for an IEE.  You can request an IEE at any time.  But once a year has passed, the school will have a right to do their own evaluation again if you request an IEE.

[JSD24]

Just want to give some perspective.  Your child is making progress with MTSS.  She's average per testing.  They indirectly offered a 504 by referring you to the 504 coordinator.

I'd ask for written progress monitoring like you'd get with an IEP on the 504 in addition to extra time and instructions read to her on tests (if you and the 504 team feel this will help) as well as what the team suggests.  Go through the progress monitoring reports.  If you see the gap closing (she was a year behind, now 9 months behind - this is what I mean by the gap closing), then MTSS is the level of intervention needed for her to catch up - you know this because you see the gap closing.  If the gap isn't closing, request the IEE.  If this happens a year from now, the school might want to reassess rather than pay for an IEE.  Work with them.

BTW, I wrote this before reading Carolyn's response.  Did they assess writing & spelling?  You can ask the school to 'please show which assessments were done that looked at writing and spelling which are 2 areas I have concerns with'.  (Feel free to double check the assessment really looked at this.  The info should be readily available online.)  If they didn't look at this, ask them to assess these areas or you can skip the assessment & ask them to progress monitor these via the 504 'to make sure she's keeping up in these areas'.

Sometimes you need to play the school like you play a game of chess.  Have a strategy.  Be OK with sacrificing your pawns.  Keep your eyes on winning the game which is what matters in the long run.