do we need an IEP?

I went through this with my son at six when he was first diagnosed with ADD. His school started out by saying we didn’t need anything on paper, that we could agree on modifications and leave it at that. I wasn’t confortable with this one either, so I looked into it and requested in writing that “504 Plan” be done. It’s a good thing I did too, because the school has gotten worse and worse through the years about not keeping up their end of the bargain.

The Individuals with Disabilities in Education Act (IDEA), which is where the IEP stems from, covers children with disabilities which affect the child’s ability to learn. Some of these disabilities include specific learning disabilities; hearing impairments, including deafness; visual impairments, including blindness; speech or language impairments; orthopedic problems; mental retardation; serious emotional disturbance; deaf-blindness’ and multiple disabilities. I know from experience that ADHD in and of itself is not grounds for protection under IDEA and does not get an IEP, it falls under Section 504 of the Rehabilitation Act of 1973. It wasn’t until we found out that he is also dysgraphic and has a severe reading disability that we got an IEP.

Section 504’s definition of a disability is broader than the IDEA. Under Section 504, a person is considered disabled if that person has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment (ADHD and the anxiety disorder both fall into this category). And the “504 Plan” is very similar to an IEP.

The process for determining whether a student is eligible for protection and services under Section 504 is similar to the process used under IDEA. In essence, a committee of persons knowledgable about the child should review evaluations and other documents about the child. If the committee determines that the student is disabled, the student is entitled to regular or special education and related aids and services that are designed to meet the students individual needs.

I would request in writing that there be a “504 Plan” meeting and lay everything out in writing. And make certain to have your daughter’s doctor’s recommendations and modification be added to the “504 Plan”. Since they are in writing from the doctor, the school system has to accept and incorporate them.

Good luck,

Crystal

mary wrote:
>
> My daughter was recently tested by a private psychologist and
> was disgnosed with ADHD and anxiety disorder. She was
> recommended for continued participation in regular education
> classes with the implementation of specially designed
> instruction in that setting. I contacted the guidance
> counselor to let her know that I had a copy of the psyched
> report for the school in which the psychologist recommends
> accommodations and modifications for classroom teacher to
> make as well as my daughter’s access to the resource room for
> various purposes. The guidance counselor offered to share the
> info in the report with my daughter’s teachers, but did not
> indicate that anything else was warranted except that I could
> call her if i needed to talk to her again. My question is
> when I call her or meet with her again, what specifically do
> I need to ask for. Should I request an IEP be developed, or
> ask for a contract with the school under section 504? I am
> not willing to settle for a verbal agreement that the
> teachers will follow recomendations and then repeat this
> struggle over and over…. To guarantee due process is the
> IEP the necessary next step? Please advise. Mary

My son has adhd/inattentive and is on an IEP under Other Health Impaired. His adhd severely impacted his ability to be successful in his regular classes unless numerous accommodations were made. After 1 year in the sp.ed class for reading/lan.arts and supplemental math he made a lot of progress, not least of all his attitude towards school. I don’t know about the 504 plans as we went the sp.ed route. He is still on an IEP but is in regular classes with support. ADHD is qualified under the IDEA but is listed under OHI. In our case it was supported by the phrase
” other health impairment” means having limited strength, vitality or alertness due to health problems such as a heart condition, tubercolosis, rheumatic fever, arthritis, asthma , sickle cell anemia, hemophilia,epilepsy, lead poisoning, leukemia, ‘attention deficit disorder/attention deficit hyperactivity disorder’ , or diabetes that are chronic or acute and that adversely affect a child’s educational performance. ”

I copied that from my VA ’ parents guide to special education’ handbook. You should request a child study meeting(goes by lots of names) with your child’s school that would include the reg. teacher, a sped teacher, school counselor, and a representative of the principal or the principal him/herself, possibly the school nurse as well(all these folks were at our meeting). At that meeting you can give copies of your dr reports to the case manager and give your evidence of why you feel your child should be qualified under either 504 or sped. My understanding is that the 504 still covers the child even if under an IEP because of the free appropriate education part of the ADA. Most definitely you would want all accommodations in writing as well as ask for the services of the school counselor for your child’s anxiety disorder. As a backup for her even if you have a regular counselor for her, to keep up with her on a daily or weekly basis.

I don’t have working knowledge of the laws and all their wordings, there are links here on ldonline and lots of folks who know more than I. Mostly I wanted to let you know that adhd does qualify under the IDEA if that is the route you would prefer to take. Also you may read about the admins from hell but we were lucky to have a good relationship with the school admin and teachers as well as it being the teacher who supported us in our quest. Good luck and best wishes.

Hi Mary,

By, law the IEP must include certain information about the child and the educational program designed to meet her unique needs. From your child’s evaluation you should know how you child is currently doing in school and you and teachers should know the how the child’s disability affects his or her involvement and progress in the curriculum.
As a parent, you should first develop annual goals with your child’s teacher. The goals should be broken down into short term and long term ojectives. These could be goals for academics, behavior needs, or social situations, etc. The goals must be measured to make show that your child is succeeding.
You should also ask about related services. As a law,the IEP must list special education and related services to provide on the behalf of children. This includes supplementary aids and services that the child needs. It also includes changes to the program or supports for school personnel such as training or professional development that will be provided to assist your child.
You should ask of dates and places of services. You should ask when services will begin, how often they will be provided, where they will be provided, and how long they will last.
You should also ask about the supports for school staff that are needed so that your child can advance towards her goals, be involved and progress in the general curriculum, participate in extracurricular and other activities.
Also, some states and school systems have a great deal of flexibility about the information they require in an IEP. Some states and schools have chosen to include in the IEP additional information to document their compliance with other state and federal requirements such as holding the meeting to write, review, and revise a child’s IEP in atimely manner. You should ask about being provided with a parents copy of the procedural safeguards that they have under the law.
In conclusion, I think that you will probably learn a great deal about IEP if you ask about the aids, services, and educational programs that would help your child to learn and achieve.
Well, I hope that my information was somewhat helpful for you. Goodluck with your daughter and may she have a successful education for now and in the future.

Shayla Hawkins-education/sociology student
Georgia Southwestern State Universitymary wrote:
>
> My daughter was recently tested by a private psychologist and
> was disgnosed with ADHD and anxiety disorder. She was
> recommended for continued participation in regular education
> classes with the implementation of specially designed
> instruction in that setting. I contacted the guidance
> counselor to let her know that I had a copy of the psyched
> report for the school in which the psychologist recommends
> accommodations and modifications for classroom teacher to
> make as well as my daughter’s access to the resource room for
> various purposes. The guidance counselor offered to share the
> info in the report with my daughter’s teachers, but did not
> indicate that anything else was warranted except that I could
> call her if i needed to talk to her again. My question is
> when I call her or meet with her again, what specifically do
> I need to ask for. Should I request an IEP be developed, or
> ask for a contract with the school under section 504? I am
> not willing to settle for a verbal agreement that the
> teachers will follow recomendations and then repeat this
> struggle over and over…. To guarantee due process is the
> IEP the necessary next step? Please advise. Mary