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Thread: Well have Revaluation results for Grant...

  1. #1
    trek is offline INCIIDer - A Community Creator
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    Default Well have Revaluation results for Grant...

    I am more confused than ever since 2008 he has only progressed a half a grade in math concepts & application according to the district's results so he is a 5th grader at 2nd grade level.
    I do not see how to convey our concerns as Grant had been meeting the benchmarks in math and even passing the math portion of the CRCT every year though often barely (800 meets and usually it was that #). However, he has not met any benchmarks this year and even scored lower during 2nd quarter.

    The District also did not take our concerns about moving Grant out of math Resource at end of 3rd grade and into collobortative setting for math. They spent 3 hrs of the 5 hr meeting back in 2008 basically yelling at our advocate or me.

    Some of the other testing results were surprising as well-written expression comes out at 2nd grade level. Yet it is Grant's strongest subject in school and the ONLY one he has met the standards for so far out of all the subjects in 5th grade. Yet, his grammar is so poor as well as sentence structure

    A lot of 3rd grade level equivalents in the following areas: math computation, word recognition fluency, decoding fluency.

    On a positive note both the reg.ed and Resource teachers actually scored Grant at risk in more areas than I did on the behavior assessment scale used. It is sad that I feel that will ultimately help the county to act in Grant's interest for a change. Interesting to note that social skills was an area of GREAT concern-um yeah. They only provided any sort of social skills back when Grant was in 3rd grade for 1/2 a year-than we were told that it was not able to continue.

    We also started Grant on Paxil to see if it will help his anxiety/OCD as Risperdal is not addressing it as we had hoped. Though Risperdone is still a wonder drug for him addressing anger/irritability.

    BTW, I requested in writing the revaluation back in early November and it was not finished until last week. They sort of delayed it I believe so it would be of no use this school year.

    For those that do not know Grant was originally in EI than received PDD-nos at age 3. He also has severe speech issues-disfluency and almost dysarthriac-like speech. He is served under Autism as the PDD-nos was medically changed to Aspergers though he IMHO does not meet all the suggested criteria. But he is somewhere on the Spectrum for sure.

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    So, do you think they will again use this to delay\deny services? I am so sorry it all gets so jumbled up. It is a very big deal they blew th 60 days on the evaluation. They can mess with the procedures so much the SD actually prevents you from getting sunstantive issues dealt with. Have you thought about getting a lawyer? (sorry, just dont want to be the only one on this board with one...) Hang in there and just keep trying to move mountains.

  3. #3
    trek is offline INCIIDer - A Community Creator
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    There is no 60 days for a revaluation just for initial. They provide services but usually only for things that fit in their models and not really individualized. I have on tape the Resource teacher saying "he would be the only one" dating from 2008. Remember my ds has had an IEP since 2002 and at first I was naive than I realized how our county operates. Some here have heard me talk about my older son's issues over the past 3 years. And even my younger ds issues regarding his IEP.

    I am crossing fingers that something will happen that will provide more appropriate support in the school setting. And yes, have thought about an attorney but at this point the evaluation and the years of data show that parental concerns are valid. so am holding off until I see what next IEP yields.
    There is only a couple months left here in the school year so it will probably turn into his annual meeting.

    Thanks

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    I thought any time a parent asked for an assessment or a reassesment if the the prior was a year before had to be in 60 days? I hope you get some traction\action. Honestly, I dont know how you hold it together. I have found it quite jarring how the school administrators can look one stone cold in the eye and blow a parent off. it's depressing. And I am cynic by nature. Fingers crossed for your dc.

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    Reevaluations must be conducted every 3 years unless requested by a teacher or parent. They should not occur more than 1 time a year. By Law under IDEA, they school has 60 calendar days from written notice to complete the reevaluation and schedule the meeting. I'd say they violated the law. They owe you some compensatory services. You may not need a lawyer but you will need to brush up on Wrightslaw or IDEA in order to go head to head with them. Also, are you in Georgia? You need to check you individual state guidelines they can vary from state to state.

    Under IDEA reevaluations is in sections 300.303 also some info in 20 U.S.C. Section 1414

    Good luck...I'd go for compensatory services at the very least.

    Hugs
    Jen

  6. #6
    trek is offline INCIIDer - A Community Creator
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    Nope there is NO timeline for Reval-see this from Special Ed director:
    "The following excerpt from your letter quotes the law for INITIAL EVALUATIONS and is not relevant under these circumstances. The IEP team will honor your request to re-evaluate earlier than the scheduled redetermination due date. However, the 60 day timeline is not mandated. The team will complete the evaluation within a reasonable amount of time."
    Also advocate checked an there is not state regulation regarding timeline for reval. Look at the IDEA Reg again-I quoted IDEA in our written request-named the reg. Even called out county's parent mentor and there is nothing out there regulating request for reveluation.


    Grant was DUE this Spring, I just saw in August after school started that he regressed so much and put request in writing. They did do it within 120 days which keeps them out of hot water.

    Just called GA State Special Education Department and confirmed they totally are not under timeline for REVALUATIONif they complete it PRIOR to redetermination date- which they did as Redetermination due date is 5/12/11. Only law broken might be the fact that did not provide appropriate education given the little progress he has made according to their evaluations.

    Last edited by trek; 03-01-2011 at 10:41 AM.

  7. #7
    Troy is offline INCIIDer - A Community Creator
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    Just want to repeat that I really think you owe it to yourself and Grant to pursue legal redress at this point. Clearly, their game is to delay as much as possible so that they never have to do for any one student anything too special, no matter how necessary. It is just so heartbreaking that he not only hasn't progressed, but he might have even lost ground.

  8. #8
    trek is offline INCIIDer - A Community Creator
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    TROY- I will think about it because look at this:

    2008 Kaufman (2nd grade student) 2011 Kaufman (5th grade student)
    Math Concepts grade level 2.1 Math Concepts grade level 2.10
    Math Computation grade level 2.1Math Computation grade level 3.6

    Written Expression grade level 1.11Written Expression grade level 2.8

    Also found this post here on INCIID from Sept. 2009-the Resource teacher telling us how Grant will use his prescription ADHD medication!! Yet he still managed to do well on that math benchmark the next day?
    School telling me how to medicate child...
    I know I have vented lately about the school-ignoring reading issues and refusing to supply assessments that were given or at least I was told were given

    Anyway, check this out:
    "I spoke with Grant this afternoon. He will take his patch off on Tuesdays, Thursdays and Fridays after lunch. On Monday and Wednesdays he will keep on t ill 2pm. He is having a very hard time during tutoring focusing and the assistant in there has had to work with him one on one every session. This may help keep him settled through tutoring."

    He usually takes off the patch right before lunch since it starts to irritate him. Anyway, it is a moot point as the email Friday shows even on the patch he is not focusing in the school setting-other emails since August back it up.

    "The math benchmark began at 8:20 and by 8:45 I had to send him out of the room. He was sleepy, unfocused, just bubbling, not working out his problems and when I asked what was going on he told me he had gone to bed at 9. The area underneath his eyes was dark and they were glazed. I thought it would be better to stop testing and begin again on Monday. The math is read completely to him and he has to follow along. I wait for all to be done and then the next problem is read. Then he went to the computer with Mrs. Band was supposed to do CCC and was scoring in the 60s. He cried and would say to Mrs. B, I cant be focused. Can you please follow up with the doctor and see what she says? Grant is not biting his nails but I did see him moving his mouth, like you described in a previous email"-Resource teacher
    than this other post from here05-13-2008, 04:26 PM right after IEP meeting
    Do you hear me SCREAMING?.....
    I am so fed up with the school system. I am ready to just forget any IEPs for both my boys. Even with an advocate thye fight me on anything I suggest. FBA for Grant-they turned that down(they probably just want me to medicate him), any goals suggested even those that show as critical on Benchmark testing or what we see on reading tests-shot down. They did change Grant's Eligiblity to Autism, but they are not keepign him in Resource, instead teacher will work on the few academic goals in regular classroom. The child does not even know math facts-he still needs manipulatives or touchpoint. Oh well, we will see how third grade pans out-Grant rants and raves while doing homework. Not the actual homework, but frustration on not understanding. So for 2nd grade both his dad and I spend HOURS helping him. That is going to stop for all our sanity.





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    Last edited by trek; 03-01-2011 at 12:19 PM.

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    IMO, the SD is simply wrong. My understanding is you, as parent, have a right to ask for a reevaluation EVERY year. You do not have to wait for the triannual. If you ask for a re-evaluation, and its been 365 days since the last one, they have to complete within 60 days (excluding school vacations, etc.). Federal law (I think Title 34 of the Federal Code of Regulations), sets out the timeline everyone has to play by.

    Also, to say the "only law that might have been broken" is that your dc did get FAPE, is a pretty big "only." The mandate from Congress is every child be given FAPE. Period.

    What they are calling the "re-determination date" Is that the annual IEP? An annual or tri-annual evaluation?

    Really, I think you might need some professional, legal help with this to make sure you are being told what the SD obligations really are. Seems to me there are some poorly trained administrators (or worse).

    take care,

    Di

  10. #10
    trek is offline INCIIDer - A Community Creator
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    I called the state office not local county Special Director. There is not any time line for revaluation either federally under IDEA or under GA regs. I

    It is 60 days only for initial evaluation under the IEP process. Of course you can ask for an eval every year. Redetermination= tri-annual evaluation every 3 years where a child is either found to remain eligible for services or not eligible.

    ITA-as my posts even here on INCIID dating back to start of this board will show that the county might be in danger zone for not providing FAPE.
    Almost any child I know that receives appropriate services in our county has gone through Due Process or hired an attorney.

    The county's behavior specialist called this afternoon suggesting more medications that might work for my sonHe has never even observed him yet0supposed to this Friday.


    I am waiting for advocate's input tomorrow before considering an attorney.

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