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MN.

What requirements does a child need to meet before the school should be providing para support in math or accommodations in the IEP? What accommodations are available to a child? 

We spent the first quarter of school attempting to have math support and accommodations put in our child's IEP. The school denied it, the reason they say is because they don't do title one (which she use to be in, but aren't providing it anymore due to her being in 7th grade) and that her grades and scores don't indicate she needs assistance (they refused to put in their comment they made at the meeting of not being able to provide incidental para support -- which they made in the IEP meeting but refused to write in the pwn. I do have this documented in an email of what they told us and they never actually replied back in an email saying that was incorrect and not what they said). Her grades at that point were consistently holding at "D" or "D+". Test scores were around 37-60%. Last year she was c- consistently and same for tests scores. They refused to acknowledge those when shown. Again saying her scores do not reflect needing help. Even as her MCA test said she was not meeting Grade level (they said she didn't put enough effort in it and that's why it was poor). Her neurolopsychologist has documented that due to her disability and executive function concerns she is going to be falling more behind as it gets harder and should have accommodations put in place to help keep her close to level as her peers. The school was given that information also. 

Now though her math grade has been an "F"" this 2nd quarter. Does she need to be failing for a certain time before we can ask them for help for her again? I'm afraid they are going to say that or refuse for another reason such as she's not putting in enough effort. Even though she literally is struggling as the math assignments get harder. The two tests done this quarter were 69 and 37 percent. She tried retaking the test and correcting the wrong ones (as all kids are able to in her class), she only got a 43% on the retake and rounded average test scores show 54%.

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Posted

First, what is your daughter's disability?  If they're blaming low test scores on her "not putting in enough effort," are they taking into account her disability?  Is is ADHD?  They need to drill down to determine if her supposed "not putting in enough effort" is related to a disability and if so, need to address ways to support this disability so that she can put in the effort.

I don't think you're at the point of asking for a para yet in that it first needs to be determined that accommodations and specialized instruction are not enough.  (Although I do realized that you've tried to get these to no avail.  But the reality is if they're not providing those, there is no way you are going to get a para.  So the approach is to keep fighting for the accommodations and specialized instruction, if need can be shown.)

In my opinion, Title I has nothing to do with whether or not a child qualifies for accommodations and specialized instruction under the IDEA (Individuals with Disabilities Education Act).  I am not familiar with the requirements necessary to receive Title I support, but it may be a lower bar than the IDEA which would be a reason why in some cases a students might receive Title I support, but not special education services.  However, that does not appear to be the case with your daughter.

The IEP is all about data.  So get the data.  Her grades and test scores indicate that there is concern in the area of academics.  Reach out to the school and ask for an evaluation in the area of academics and any other area you have concerns in - anything listed in the neuropsych report (executive functioning, etc.).  If you don't like their results or they still refuse to provide accommodations, ask for an IEE (Independent Educational Evaluation) - one that can dig down to the underlying cause of her struggles and make specific recommendations as to accommodations.  Maybe the accommodations needed are not specifically for math but for executive functioning?

No, she does not need to fail for a certain before asking for help again.  But you do need to have the data.

If you get the data and the school district still refuse to help your daughter, you may need to hire an advocate or reach out to a state agency that provide no or low cost advocates.  Those might be listed on your state's department of education website.

 

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Posted

Thank you!

She has Spina bifida. So orthopedic and neurological needs. She has executive function concerns (which we had to fight to get them to acknowledge that and address it in her IEP, PACER the advocate group here helped with this along with getting the school to address the bullying occurring). She was diagnosed also with neurodevelopmental disorder related to hydrocephalus and  Neurodevelopmental Disorder Associated with Spina Bifida and Shunted Hydrocephalus Diagnosis by her Neurospychologist. Which is where it talks about how this affects her executive function concerns and math needs related to that (comprehension, remembering, writing and coping the problem down correctly, organization, and follow through). 

They always say she is in par with her peers or she refused help (which they only offer her graph paper as help, no other interventions when we asked what help she is refusing). Even when we show them the data such as the tests, assignments, MCA state test. They just reply back they didn't see any concerns. At her reevaluation for her IEP last year they didn't note any concerns either.

If they are saying she doesn't have concerns all the time, even with data we presented should I ask for evaluation from them first or can I ask for an IEE right away? 

I feel they aren't taking account of her disability and brush it off. We've had to fight them it feels like for everything. We just had to fight the school about her being able to go to the bathroom this fall  :(.  They wanted to force her to be able to Cath (to go pee) once a day.  The school nurse was very adamant about this as she felt it was okay to go 5hrs between (even though it totally went against it the childs plan of care per her urologist and other specialists and she needs to go every 3-4hrs to prevent accidents and reduce infections). They know she's been hospitalized and missed school for bladder infections, and is at risk of kidney failure related to her disability. It's been documented and they have the information.. 

 

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Posted

When did the school last do an eval in all areas of suspected disability? If it's been a while, perhaps they'd be willing to do new evals. 

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Posted
35 minutes ago, Jenna said:

When did the school last do an eval in all areas of suspected disability? If it's been a while, perhaps they'd be willing to do new evals. 

They did it in 6th grade. She was having the same issues then as now, but they said she's fine and doesn't need any accommodations.. 

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I don't think it hurts to ask for another comprehensive eval in all areas of suspected disability. See https://adayinourshoes.com/sample-letter-requesting-iep-evaluation/ for some sample letters. If they deny that request, then you can decide whether you want to request an IEE. Remember that if you disagree with their eval and request an IEE, they could refuse and file for due process to defend their eval. Or, they could grant the requested IEE. Once you get the IEE though, all they have to do is "consider" it. 

Has her neuropsychologist done any evals recently by chance? If so, it'd be up to you whether you want to share that report with the district.

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On 1/13/2024 at 9:57 PM, Jenna said:

I don't think it hurts to ask for another comprehensive eval in all areas of suspected disability. See https://adayinourshoes.com/sample-letter-requesting-iep-evaluation/ for some sample letters. If they deny that request, then you can decide whether you want to request an IEE. Remember that if you disagree with their eval and request an IEE, they could refuse and file for due process to defend their eval. Or, they could grant the requested IEE. Once you get the IEE though, all they have to do is "consider" it. 

Has her neuropsychologist done any evals recently by chance? If so, it'd be up to you whether you want to share that report with the district.

Yes, the neuropsychologist did one the summer of going into 6th grade (which fell on the time of her 3 year IEP re-evaluation). The school was given the report and used the testing scores and some of the recommendations given regarding executive function organization and one math accommodation (offer graph paper). They refused to do the other math accommodations.

If I ask for an evaluation for math learning concerns will the school have to do a whole new evaluation for IEP qualifications? Or can I just ask to have accommodations put in place and explain why and show the new data?

I'm concerned they will say they have to do a while new one and use that to try to get rid of services we just fought so hard to get in place that they were trying to remove or not meet that would affected her FAPE in the least restricted environment. 

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Posted

In order to get academic accommodations, you need an evaluation that the school is OK following that says the student has a math disability & needs math accommodations.  If the school evaluated this area and said 'no math disability' and you disagree, you need to request an IEE and hope the school is willing to follow it.

It looks like the Title 1 services she was getting was masking her math disability.  Now that they are gone, your child is not having the same success in math.  If they want to do an eval, I'd agree but be careful what you agree to.  You want math evaluated - not a full reeval - she's not due for a triennial eval right now.  You can specify this on their permission to do an eval form - or on the letter you write requesting the IEE.

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