Denied IEP based on “academic impact”

[Megan]

Hello https://twemoji.maxcdn.com/2/72x72/1f642.png

I’m not sure the correct forum to put this in, so I’m gonna put it here and in the IEP & 504 forum as well.

Last year I requested a formal in writing full comprehensive evaluation. At the time my son had an ADHD diagnosis from a medical professional. They denied my son eligibility following a psychological, Sensory OT evaluations, which I just recently found out stating that he did not meet eligibility, because there was no “academic impact”. That is exactly the reason for denial written in the eligibility report. His grades are good.

 

Over the summer we had him reevaluated by a psychologist. Since we have a family history of autism, they asked questions which showed markers. He is now diagnosed with autism and ADHD following that private evaluation. I supplied that report to the school this past August and they did further evaluation, MTSS data for communication as he has a social pragmatic/paralinguistic‘s delay.

The school again this past December found him in eligible for an IEP again “ Boston is at or above grade level and therefore no academic impact”. 
 

I reached out because during that eligibility meeting, I questioned their speech evaluation as it was a virtual meeting and not appropriate. It also lacked a lot of data leaving just a comment from the evaluator and no actual data.

 

I am of course, asking for an IEE. They notated areas of weakness from the private reports, but did not consider them in the eligibility process at all.
 

However, I let the school know that they wrongfully denied my son eligibility for an IEP, solely on the basis of academics and not of an educational impact. If anybody can give me any insight on what next step should be? Should I file for a new process? Should I reach out to the Sr executive Director of special education at my district level?

 

Thank you for any input 

[Jenna]

Could you please clarify whether you asked for an IEE at district expense in each area the school evaluated that you disagree with? If you did, and if the district agreed to fund the IEE(s), what did the private evaluator(s) report(s) say regarding how the child's disabilities are affecting participation in the educational environment?

[Megan]

Yes, I did request and IEE. They haven’t responded.

Speech is the area of concern. The schools report said he is in “above average” range for Social Pragmatics.

The private reports states things like, minimal social interaction, difficulty with social conversational speech, interrupting appropriately, understanding things too literally, low ability to comprehend the various types of communicative intent, paralinguistic signals, lacks understanding in the dynamic nature of social situations and adapts to changes in topics, well below low in expressing cognitive empathy, reading facial expressions, understanding sarcasm, joking appropriately.

 

The other strong area of weakness is executive functioning. The school sees this deficit and is only providing a 504 for it, when it should be targeted with measurable goals as this is a big reason for poor grades.

[Carolyn Rowlett]

I think you took the appropriate next step in requesting an IEE, so I would just wait to hear back from that.  They will most likely grant it, as otherwise they have to take you to due process.  If they don't, this is probably something you could handle without an attorney since the only issue is getting an IEE.  Reach back out to this forum if you do have to go to due process over this.

If your request is granted, make sure the IEE is done in ALL areas that the school evaluated and that you disagree with.  (If the school has not evaluated in all areas of suspected disability, ask them to.)  As Jenna alluded to, hopefully the IEE will tie his disabilities to academic impact.

Do NOT accept grades as data - they are not.  Grades are very subjective and should not be the basis for denying eligibility.  I don't know how old you son is, but this is especially true at the elementary school level.  Request that they redo the Prior Written Notice in which they explained their reasons for denying eligibility and ask for DATA that they relied on - not grades.  In the area of speech, it sounds like they won't have any, so the only thing they can look to (until the results of the IEE are in) is your private evaluation.

[Christy McGuire]

One thing I would be doing right now is investing what is available at the school. Will they need to contract an outside professional to meet these goals?

 

[Jenna]

Thanks for clarifying that you requested the IEE(s).

Just to clarify the timeline- was it in Summer 2022 that a psychologist diagnosed your son with autism? Did that psychologist provide a comprehensive report, including scores from tests (such as the ASRS, ADOS, SMP-P, etc.), and explain how the results of those tests illustrate how the disability impacts your child in an educational environment? 

As Carolyn said, ask for the data that they used in making their determination that he wouldn't be eligible for an IEP. Ask what tests the district used to make their determination, and ask to see the scores for each test if that would help you. If your child's name and answers are on answer sheets for the school's tests, my understanding is that those should be maintained in your child's educational record, and therefore you should be able to view it.

[Megan]

On 2/16/2023 at 11:05 AM, Carolyn Rowlett said:

I think you took the appropriate next step in requesting an IEE, so I would just wait to hear back from that.  They will most likely grant it, as otherwise they have to take you to due process.  If they don't, this is probably something you could handle without an attorney since the only issue is getting an IEE.  Reach back out to this forum if you do have to go to due process over this.

If your request is granted, make sure the IEE is done in ALL areas that the school evaluated and that you disagree with.  (If the school has not evaluated in all areas of suspected disability, ask them to.)  As Jenna alluded to, hopefully the IEE will tie his disabilities to academic impact.

Do NOT accept grades as data - they are not.  Grades are very subjective and should not be the basis for denying eligibility.  I don't know how old you son is, but this is especially true at the elementary school level.  Request that they redo the Prior Written Notice in which they explained their reasons for denying eligibility and ask for DATA that they relied on - not grades.  In the area of speech, it sounds like they won't have any, so the only thing they can look to (until the results of the IEE are in) is your private evaluation.

Hi, thank you for your reply. They did send me a PWN stating the following attached. I will definitely be asking for the data to back up their decision. 
They only observed my son in one class setting. Not any of the others.

My son is 13, in 7th grade all advanced placement classes. I’ve told the school multiple times in not concerned with his grades (until recently because he’s not being supported in the executive functioning so he’s constantly losing or forgetting to turn in homework).

I’m still waiting from the districts Sr. Director of special education to reach back out to me. Last week we had winter break and she reached out Thursday saying she received the request and would be looking over his evaluations and getting back with me early this week. Still nothing so I’ll be sending a follow up today.

 

The speech evaluation was done virtually and no SLP evaluation or observed him in person. Observations and data was taken from 2/6 teachers and all done in one classroom. No data other than a numbered score and teacher RS were put into the report.

 

[Megan]

On 2/16/2023 at 11:05 AM, Carolyn Rowlett said:

I think you took the appropriate next step in requesting an IEE, so I would just wait to hear back from that.  They will most likely grant it, as otherwise they have to take you to due process.  If they don't, this is probably something you could handle without an attorney since the only issue is getting an IEE.  Reach back out to this forum if you do have to go to due process over this.

If your request is granted, make sure the IEE is done in ALL areas that the school evaluated and that you disagree with.  (If the school has not evaluated in all areas of suspected disability, ask them to.)  As Jenna alluded to, hopefully the IEE will tie his disabilities to academic impact.

Do NOT accept grades as data - they are not.  Grades are very subjective and should not be the basis for denying eligibility.  I don't know how old you son is, but this is especially true at the elementary school level.  Request that they redo the Prior Written Notice in which they explained their reasons for denying eligibility and ask for DATA that they relied on - not grades.  In the area of speech, it sounds like they won't have any, so the only thing they can look to (until the results of the IEE are in) is your private evaluation.

**UPDATE** the denied my IEE, now we go to due process.

[Carolyn Rowlett]

Unbelievable.  Make sure you have everything you need for the hearing - outside evaluations, school evaluations, standardized test result.  Reach out to your state department of education to see if they or another organization can help walk you through the process since you will not be represented by an attorney.  Read everything you can on the state department of education's website about due process hearings.

[Carolyn Rowlett]

Megan, check your state law/policy on the timeframe in which the school district must file for due process when denying an IEE (or just call the state department of education).  It is usually very vague language like "without unnecessary delay," but at least it's something to make sure it doesn't drag on forever.

[JSD24]

Good luck with this due process.  BTW, social pragmatics has a huge impact at school.  He'll not be able to do group projects with his skills where they currently are.