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IDEA

Submitted by an LD OnLine user on

Now my understanding of federal law is that once a child is classified, all needs must be met. Any time I mention anything regarding my son’s CAPD, the special ed director keeps telling me that the county doesn’t recognize CAPD. Now I know that is true but I think it is irrelevant since he is classified as having a specific language disability.

He is having a hard time with large group instruction—requires a lot of one on one time. I think part of this is ineffective listening strategies and want him to be taught better strategies. I know I will get an argument on this–although I would think it would be easier for them to try and help him learn in a large group than to keep picking up the pieces.

Any laws on my side?

Beth

Submitted by Anonymous on Wed, 04/24/2002 - 3:50 PM

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On this site, go to LD in depth and click on Legal and Legislative; there is a good article that reviews IDEA, Section 504 of the Rehab. Act. and ADA. The 13 classifications under IDEA are listed(the feds do not recognize CAPD or NVLD); the standard under IDEA is a free appropriate public education, this gets interpreted on a state level by your Dept. of Ed. I believe the IEP is designed to allow the student to access the curriculum, not to offer indiv. services to bring every child up to their potential. We did not fight the school on this(indiv. services); it was easier(and probably cheaper than advocates and lawyers) to hire a tutor.

Submitted by Anonymous on Wed, 04/24/2002 - 3:58 PM

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While CAPD and NLD are not specifically stated in IDEA, many of these kids qualify under other headings, often as LD.

I don’t know that much about CAPD, but I do know that the problem with NLD is that it effects the child globally, in every setting. So changes must be made during the entire school day. A tutoring session, or even several, during the week won’t help much. I suspect CAPD is similar in that respect.

An NLD kid needs someone on the spot to pick up the pieces and get him back on track when he gets confused during the day. They don’t fill in the gaps by themselves, so if someone doesn’t do it forward, they are going to mis the entire rest of the lesson.

My understanding is that when a child has qualified for an IEP, it is the responsibility of the team to address ALL areas that impact on the child’s ability to learn and progress in the educational setting.

Karen

Submitted by Anonymous on Wed, 04/24/2002 - 4:34 PM

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Beth,

This is how I interpret the IDEA as a mom (actually it is part of a post I sent to the National Association of School Psychologists website).

The IDEA states in Section 300.7.10 Specific Learning Disability:

“The term means a disorder in one or more of the basic psychological
processes involved in understanding or in using language, spoken or written,
that may manifest itself in an imperfect ability to listen, think, speak,
read, write, spell, or to do mathematical calculations, including such
conditions as perceptual disabilities, brain injury, … “

CAPD is a perceptual disability that manifests itself in an imperfect ability
to listen, which is one of the basic psychological processes involved in
understanding or in using spoken language. I think the IDEA is quite clear
that CAPD falls in the educational jurisdiction. Audiology is a “related
service” under the IDEA.

Hope this helps! :)
Lil

Submitted by Anonymous on Wed, 04/24/2002 - 6:35 PM

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The only thing I can suggest is more speech time and use of the FM system so that he can filter the teachers voice through the background noise. How did the continuous performance test work out? He needs to be tuned in around normal speaking peers. The district wants to place my daughter in a more restricted environment for english as the class is big and part of the problem is the delivery of the instruction in my opinion. My daughter doesn’t need things dumbed down for her. She needs to be around kids that have better english skills than she has and it is frustrating for me. Also, my daughter is having all this trouble because the teacher is not wearing the FM system. If the teacher would wear it much of the confusion would go away but I can talk until I am blue in the face and it doesn’t happen.

Submitted by Anonymous on Wed, 04/24/2002 - 7:46 PM

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Don’t talk, write. Put in writing that you want an IEP meeting. Put it in writing that your child needs this accomodation. Don’t expect them to tell you what is available or to creare anything new.

Submitted by Anonymous on Wed, 04/24/2002 - 8:35 PM

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Pattim,

Aren’t there techniques kids can be taught to be better—more active listeners? I think my son is too passive for starters—from long experience of letting things go by him.

On the advice of a private audiologist, I am now trying to get the school district to “test” the sound field system to see if my son understands better, even if it doesn’t translate into improved performance. Seems to me that it does make sense to have an “objective” measure of whether he perceives inputs better. If he does but doesn’t work any more independently than seems like we need to figure out what else is going on.

We never did the continuous performance test. The same day his private therapist adminstered the Gray Reading Test using both regular and enlarged print. The difference in his performance was stunning. I had suspected a problem here, even after vision therapy, but it was hard to be sure since larger print tends to be easier text. He was going to be given the visual version of the test because of his CAPD.
This no longer made sense since we would be unable to untangle visual processing and attention. Sigh.

We’re starting IM in two weeks and I hope, whatever the cause, we find improvements in attention.

Beth

Submitted by Anonymous on Wed, 04/24/2002 - 9:04 PM

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I think there is interpretation here and his school district is very clear that they don’t see CAPD as being a qualifying condition for LD classification. That isn’t even an issue here since he is already classified as having a specific language disability. My question is once you are identified on some basis, is there a legal basis in which to insist the whole child be addressed. In general, I would say the school has approached it that way, except for the CAPD. For example, he was in a resource room for 2 years for math and he isn’t classified as having a math disability.

Beth

Submitted by Anonymous on Wed, 04/24/2002 - 9:08 PM

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I like your understanding that they are required to address the whole child—I would like to quote something legal to the team—to this effect if they give me any grief. Do you know anything? I think the problem is that they are just hung up on the CAPD–because the district doesn’t want to qualify students on that basis. But qualification is not the issue here–I keep reminding them of that but I’d like to have a bit more power by talking legalese to them.

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 12:08 AM

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I know I’ve read it, but I can’t tell you where off hand… I’d check through the Wrightslaw pages if I were you.

AS far as them not wanting to address CAPD by name, I think it’s prett easy to get around that. Simply write out exactly what your child’s specific problems are without giving it a specific name…

“We know that Johnny has trouble with X, X and X. Johnny will need Y, Y and Y to address these problems.”

It may take more paper to write it out, but it will more specifically meet your specific child’s needs.

Karen

Submitted by Anonymous on Thu, 04/25/2002 - 12:18 AM

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I don’t know why your district would not recgonize CAPD.
This is what our state says:

6A-6.030183. For students with inadequate performance on learning tasks involving auditory input, evidence that loss of auditory acuity is no more than thirty (30) decibels in the better ear unaided or evidence that the student’s inability to perform adequately on learning tasks is not primarily due to poor auditory acuity.

Submitted by Anonymous on Thu, 04/25/2002 - 12:31 AM

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Aside from an FM system, any teacher here know any strategies you could teach this child to listen? I really don’t have a fix for that question. We special educators cannot fix everything, sometimes we have to rely on accomodations/modifications and assistive technology. Not all learning disorders are fixable.

Submitted by Anonymous on Thu, 04/25/2002 - 1:16 AM

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Audiblox (Schoolblox) did a good job of helping some of the students in my room attend to the task at hand. The two students who I have seen the most progress with this year are students who other teachers thought were ADD at the beginning of the year. (I would not have them evaluated for ADD now. ) It is not a quick fix, but well worth the effort. I truly believe in this program.

Submitted by Anonymous on Thu, 04/25/2002 - 1:20 AM

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Beth,

The laws are on your side, and the school system is required to “train” the CAPD if it is affecting the child educationally. I think all CAPD affects children educationally.

The IDEA states in ‘Section 300.300 Provision of FAPE (a) General (3) (ii) “The services and placement needed by each child with a disability to receive FAPE must be based on the child’s unique needs and not on the child’s disability.” ‘

I think the reason I am confused is that your school system telling you they don’t do CAPD IS NOT AN OPTION (pardon the shouting).

My son is using Earobics at school to help train his CAPD. He does this during “center time” in the general ed classroom. The “Home Version” (which the school uses) costs $59. It looks like a pretty good software, and my son likes it - check out the website at Earobics.com. I’ve looked at Interactive Metronome, and I’d love to hear about your experiences with it. I’ve looked at their site, but no one is close to us - and I haven’t pushed that avenue any further.

For really, really good information on CAPD, there is a listserv for CAPD accessible through the ncapd.org website (National Coalition for Auditory Processing Disorders). There are professionals there who can and will do a very thorough job with any of your questions.

Submitted by Anonymous on Thu, 04/25/2002 - 1:23 AM

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Beth,

Karen is exactly right. Don’t even refer to the APD at all. If you have to say anything, just refer to the language disability. Tell them he has trouble processing language in the large group. Use whatever terms they like to get what YOU want!

However, that said, I’m not so sure there are all that many strategies that can be taught to help a child function in a large group.

Janis

Submitted by Anonymous on Thu, 04/25/2002 - 1:34 AM

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Thanks for the quote from IDEA. That might help. I actually know a lot about CAPD. We have done FFW and Earobics on our own—his slt has used some Earobics with him as well.

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 1:36 AM

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I don’t know why I didn’t think of this!!! I guess its because his diagnosis helps me make sense of his performance so I use it as a starting place.

Thanks!!

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 1:41 AM

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Bunny,

I basically just said about the same thing to Beth above. I just can’t think of anything that can be specifically used to help a child listen better in a large group. Yes, there are things like Earobics that add background noise to exercises to help the child discriminate sounds in noise, but other than that kind of thing, I don’t know any either. Beth has done many excellent outside therapies with her son already, so there is not much I can see that the school could do to train him that he hasn’t already done. In my experience, almost all kids with disabilites resulting in academic delays learn better in small groups. And yes, accomodations and assistive technology are the things usually used to help children function in the large group.

Janis

Submitted by Anonymous on Thu, 04/25/2002 - 1:45 AM

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Socks,

Isn’t this hearing loss or don’t I know my terminology well enough? I do know that Terri Bellis’ new book on CAPD also says that CAPD is itself, without demonstrable academic consdequence, not recognized under IDEA.

I know the State of FL Department of Education has a technical paper on CAPD but my district keeps telling me that THEY don’t recognize it. Now, as I said, classification is not the issue.

I think Karen’s idea of skipping the label and talking about the symptoms is a good one. I will do that tomorrow.

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 1:56 AM

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I don’t think his disorder is fixable by the school but I think that it is possible that my son’s own passivity is contributing to his problems. He takes no responsibiliity for understanding what is going on around him. I would like him to be taught to be a more active listener. There are techniques—I teach them to my undergraduates in management classes. I also know from my own experience teaching that students who take responsibility for understanding fare much better, other things equal, than those who don’t.

It is also possible that he is incapable of learning in a large group, even with skills training and assistive technology.

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 1:59 AM

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We did PACE but I didn’t see any improvement in attending, although many people do. We are scheduled to begin Interactive Metronome in two weeks which research has shown attention improvements. I am hopeful that this will help solve some of the problem.

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 3:17 PM

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It states that learning tasks are NOT primarily due to auditory acuity. To me this means auditory problems without a hearing loss.

I agree with Karen this is what I am saying,the symptoms of CAPD is due to auditory processing difficulties not from a hearing loss,right?

To unilaterally state that they will not address the needs of the child is crap,but also the state recognizes a child having auditory difficulties without a hearing loss.
Personally if they state this in writing or on tape you have a state complaint in the making.

My son,in the same state,having CAPD,classified as language impaired and SLD,but given assisitve technology and language therapy,preferintail seating,and visual cues,and accomodations for poor word retrevial time,all on his IEP.

Gosh I wish I could be at your IEP meeting:-)

Submitted by Anonymous on Thu, 04/25/2002 - 3:29 PM

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If I remember correctly your in South Florida? If this is correct,I might know someone in South Florida that might be able to help..

Not an advocate per say, but on the board of NCD,National council on disabilities.If this is a district wide problem,maybe we need to change the district’s mind..

Submitted by Anonymous on Thu, 04/25/2002 - 5:27 PM

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I am in South Florida–right where you grew up–if I recall right.

I understand this is a district wide interpretation. Now I am game for making changes but they have accomodated my son in terms of preferential seating, word banks, and the like. I took the Florida Department of Education document on CAPD and marked the accomodations I thought would help. I got them included in his IEP. So it is not as bad as I may have given the impression of.

The problem I have had is that everytime I mention something to the ESE director that is somehow related to CAPD—like trying out a sound field system. She reminds me that CAPD is not recognized by our county as a qualifying condition. Then I remind her that he is already qualified as having a specific language disability. She says, “oh, yeah.” I am not sure why we keep having this conversation. She knows me by name (I made enough trouble last year).

Now today at our meeting I actually got exactly what I wanted without any trouble. I just asked the speech and language therapist if she could provide him direct training in listening skills. We discussed what that meant and that it might be a piece of the puzzle that is my son. She agreed it was a good idea and said other kids would benefit too. It was so easy…..but I had set the stage by taking a very problem centered approach like Karen suggested.

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 6:05 PM

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Get it in writing just makes good sense. I like the idea of using tape recorders to document. Be prepared and ask the right questions. Some are “why?”, “when?”, “why not?” and “does your boss know?” Something to ask for is your school’s wriiten policy on disabled students. Chances are they won’t show you but ask anyway. If they don’t have a policy then you need to ask the school board “why not?” If they have a policy get a copy and see if it is ADA compliant. Schools may be exempt from ADA guidelines. That would be good to know if they must comply. You should be able to tell if your being jerked around. That’s when you gotta take control of the meeting by asking questions. Keep smiling and keep them on the defensive but don’t be afraid to intimidate them if you think it will work. Eventually they may do the right thing but you may have to tell them what the right thing is.

Submitted by Anonymous on Thu, 04/25/2002 - 6:15 PM

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My NLD son has a significant hearing loss in one ear. The hearing loss is biological, if you want to call it that, not CAPD. He’s on an IEP because of his large discrepancy due to his NLD. (NLD isn’t, without signs that it is impairing functioning in the classroom, grounds for an IEP either) He would definitely _not_ qualify for an IEP (and probably not even a 504) based on his hearing loss. But because he is AREADY qualified for special ed, his hearing loss is listed under “special considerations” on his IEP to alert teachers that he may not hear them if they are standing on his left side and speaking quietly.

Karen

Submitted by Anonymous on Thu, 04/25/2002 - 6:24 PM

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I’m glad it worked!

I’ve become leery of school staff who “think” they “know” about NLD… and I suspect the same is true of CAPD. It sounds to me like the people you’ve been dealing with have it drummed into their heads that “we don’t recognize CAPD” so that they have to repeat it every time the subject comes up. When you don’t mention CAPD, but just say, “You know, he has a very hard time listening.” they don’t get defensive.

Karen

Submitted by Anonymous on Thu, 04/25/2002 - 6:43 PM

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I think you are right. There also was an audiologist present at this meeting and she and I went back and forth like experts, even talking about specific audiologists in town (I do know too much). That couldn’t have hurt either. Plus, I directly asked the individual who made the most sense to provide the service (slt) if she could do it. I caught her off guard, I am sure, and it was much easier to agree. But I think she did think it made sense. It is the ESE director who seems to want to play gate keeper.

Beth

Submitted by Anonymous on Thu, 04/25/2002 - 7:25 PM

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Yes!! YES!!! Awsome job,Beth:-)))) Behold the power of an educated mom! I am soo happy for your son and yourself.

Okay will email a friend of mine, see what they think about this apparently bizzare view of what they(the district) can do and what they can’t do.I’ll keep ya posted..

Submitted by Anonymous on Fri, 04/26/2002 - 4:33 AM

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Yes, there are techniques that SLP’s can use to teach him to listen more effectively but even so if he is a daydreamer one can’t control the wandering creative mind. I am a pro at it…meaning I appear to be paying attention but if I have something else cooking in my creative brain I might as well not be there…

That is interesting about the difference in reading and print size. I wonder if part of it is due to a placebo effect, meaning the bigger print just appears easier to read and he is more successful because of that?

I still prefer a personal FM system over a soundfield but you already knew that..Glad to hear that the meeting went well. What did the SLP agree to?

Submitted by Anonymous on Fri, 04/26/2002 - 7:58 PM

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Basically, the slt agreed to teach those explicit listening skills. I know it is not the whole problem but I thought it might help. I’m pretty convinced at this point that my son is ADD-inattentive as well as CAPD. I had the resource teacher telling me how it is on number 2 when he should be on number 10 for example. I asked her what he is doing. She said just sitting there looking at the paper. She told me if you didn’t look carefully, you wouldn’t realize he wasn’t working. I just started laughing. I don’t know why I found it funny but I did. Seemed like the work of a master deceiver.

Anyway, it is hard to say this is auditory in origin. I am anxious to see if IM helps.

Perhaps you are right about the placebo effect and print size–but I don’t know how you could separate it out. He def. prefers the larger print—even in school where doing so makes him different (and he is a conformist).

The school audiologist said that we could try a personal FM system but she thought it would have the same issues–basically he put his hands over his ears. She was concerned about that reaction. I agreed to put it on hold for now—try the listening training and IM (privately) and see where we are at.

Beth

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