Qualifying for Services

Discussion in 'Special Education' started by mopar, Dec 3, 2010.

  1. mopar

    mopar Multitudinous

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    Dec 3, 2010

    This year I have two students on a 504 for behavioral concerns. One student's parents are pushing for an IEP. Not sure what an IEP will do additionally for this child, but well, they are pushing. I am wondering, with RtI, how does a student qualify for an IEP for behavior needs.

    In the past, the student basically had to be failing. Well, this student is far from failing, but is definitely not working up to his potential. He is definitely a very smart young man, is most likely gifted, but struggling in a general education setting (pulling mostly Cs).

    Then we moved to a model where any student could get an IEP with a diagnosis. So, this student has many diagnoses from doctors....but only a 504.

    So, I'm wondering...where is the new RtI line???
     
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  3. bros

    bros Phenom

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    Dec 3, 2010

    Grades are not to be considered when granting an IEP.

    http://www.wrightslaw.com/nltr/08/nl.0205.htm

    "Because grades are so subjective, the IDEA does not even mention "grades" or "passing grades" as a factor in determining if a child is or is not eligible."

    With an IEP, the student can receive accommodations AND remediation.

    If they are 2e and performing so poorly, it should be figured out WHY they are performing so poorly.

    http://www.wrightslaw.com/info/2e.index.htm
     
  4. Kate Change

    Kate Change Companion

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    Dec 6, 2010

    Bro's got some good points. The grades aren't necessarily the main issue when looking at the need for an IEP. If the child has an IEP, they'll be able to get additional support, both at home and at school. Your head special ed teacher should know how to qualify for an IEP based on behavior.

    And if they don't already have it, you might want to connect the parent to the school social worker or psychologist to provide additional help.

    In my district, a multi-disciplinary team or SAT team must meet to request a review to determine if the child needs an IEP. If you have an MDT or SAT leader at your school, they might also be a good resource. Good luck to you! It's a long process!
     
  5. bros

    bros Phenom

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    Dec 6, 2010

    It may also be called the Child Study Team
     
  6. mopar

    mopar Multitudinous

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    Dec 9, 2010

    My head special education teacher seems to think that you can only qualify for an IEP for behavior if the student is failing classes. That is why I ask.

    Another side question...this student has a 504 plan currently, we are looking at putting him on a behavior plan that needs to be monitored daily if not more than once a day. When does this become too much for the regular education teacher to handle? I currently think that this is an unreasonable accommodation to be completed in the classroom, but the team will not even listen to me.
     
  7. bros

    bros Phenom

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    Dec 9, 2010

    If the student requires a BIP, shouldn't they be placed on an IEP?

    What would be some things that the behavior plan would require the teacher to do?
     
  8. mopar

    mopar Multitudinous

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    Dec 9, 2010

    We are working on creating the BIP this week. Right now, when the student is asked to comply with a direction that the student does not want to do, he basically refuses or begins screaming in the classroom. Mostly this has to do with using technology, recompleting an assignment, putting away toys/coloring supplies/extra paper. The student will spend at least 15 minutes and up to 40 minutes screaming, yelling, or crying in the classroom.

    So, we are looking at writing a directions sheet with choices. When the student is given a direction, the student will follow the steps on the card, if the student follows the steps, the student will earn one of the choices. If the student does not follow the directions...we are still considering what will happen.

    I just think that this is too much for a 504, but the school is denying an IEP for some reason (basically the special education teacher is saying...what would it do, how would his day be different). Well, I get that, but there needs to be something done.
     
  9. bros

    bros Phenom

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    Dec 10, 2010

    BIPs do not go with 504s.

    BIPs are for IEPs.

    An IEP provides more options for the team, such as remediation and modification of the curriculum. A BIP is not an accommodation.

    http://www.wrightslaw.com/info/discipl.index.htm

    http://www.wrightslaw.com/info/sec504.idea.eligibility.htm

    http://www.wrightslaw.com/info/sec504.who.protect.htm

    Right now, this student seems to be at the point where a 504 is not enough for them. An IEP provides more legal protection (for the school and the parents) along with more options for the team to explore.
     
  10. mopar

    mopar Multitudinous

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    Dec 10, 2010

    My school is stating that the disability does not ADVERSELY affect educational performance because he is not failing his classes.

    Is there a way to show an adverse affect? I have data to show how often the behavior occurs, but apparently this is not enough. I shared the data with the team, but we still decided to write a behavior plan and not evaluate. We did write a behavior plan today for work completion that is up to par. Not sure what it will do, but it's an intervention at least.
     
  11. bros

    bros Phenom

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    Dec 10, 2010

    Print out all relevant information from my first post in the topic. Just because a student is on a 504 (and receiving accommodations) does NOT mean that the disability is not adversely affecting educational performance.

    if the student is having behavioral outbursts, that is affecting them educationally. A student does not need to be failing anything, or even performing poorly, to qualify for an IEP
     
  12. mopar

    mopar Multitudinous

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    Dec 11, 2010

    Bros-thank you for the research and the information! I really do appreciate knowing that the law is on my side and the students!

    I brought the Wright's law in to the special education teacher that I work with. However, our special education director continues to state that unless it is adversely affecting their education (meaning failing) they will not qualify. This special education teacher sees that something is going on with the student (they probably have some ODD), but does not see the student failing. Thus, she keeps stating that a 504 is enough and I need to manage the behavior plan.

    A few regular education teachers say that general education students are not put on a BIP and other regular education teachers say that they have managed BIPs for regular education students.

    So, I think that I am going to try the behavior plan as an intervention. In my district, for subject areas, we try 3 interventions for about 2 weeks each. If they aren't working for the student, then they qualify. So, I'll try the behavior plan. If it's not helping, we will tweak it two times and then I'm going to pull the interventions is not working card.
     
  13. bros

    bros Phenom

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    Dec 11, 2010

    Regular Education Students are not put on a BIP unless they have an IEP.

    If you feel comfortable with it, you could always call your county head of special education (if you have one) or someone at your state's office of special education programs (OSEP) and ask them about the legality of it.
     
  14. mopar

    mopar Multitudinous

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    Dec 11, 2010

    Thank you! I'll give the intervention a try and then if I'm still getting no where---I'll look at bringing the law to my administration. I don't think that my principal is really versed in the law.
     
  15. bros

    bros Phenom

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    Dec 11, 2010

    Yeah, you are in a different position than an advocate for the parent when an educator. When advocating for the parents, you can call the OSEP/OCR/County sped head and then the school gets a call, then they just start cooperating :p

    In your position, you may want to talk to the head of special education for the district to see what they say (unless they also share the view with the principal)
     
  16. mopar

    mopar Multitudinous

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    Dec 11, 2010

    This information is coming from the head of special education not the principal. I think that the principal agrees with me (that this student belongs on an IEP). However, my principal tries not to get involved in special education matters.
     
  17. bros

    bros Phenom

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    Dec 12, 2010

    Ahhh

    It may be good to talk to the super, or send them a note about this, or perhaps talk to your union to see if YOU can get in any trouble over this
     
  18. mopar

    mopar Multitudinous

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    Dec 12, 2010

    My union is more concerned that the special education teacher will get into trouble...but she has not sought out their assistance. I have documented my attempts to get the student an IEP and the conversations. I have kept my behavioral forms and am trying the next piece of the puzzle. So, hopefully, I'm safe?!?
     
  19. bros

    bros Phenom

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    Dec 12, 2010

    You will be, it'll be the administrators + the district that'll get in trouble and named in any possible suits provided that you continue to give the student the best you can
     
  20. mopar

    mopar Multitudinous

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    Dec 12, 2010

    Thank you! That is my plan. What really surprises me is that the district knows that these parents have a lawyer involved already!
     
  21. bros

    bros Phenom

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    Dec 12, 2010

    If there is a lawyer involved, things may get very messy rather quickly.

    Document EVERYTHING.

    Email can be used as evidence of contact.

    The school is probably going to be taken to Due Process and you might be called as a witness depending on how much you know about the student.
     

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