My son James is ADHD and in the 3rd grade; he just started a new school here in Oklahoma and after 5 days of school the teacher has told me that he should be demoted to 2nd grade. What do I do. I know we have rights as parents & him as a student, but I am just really at a loss on how to handle this situation. This new school has not even received James’s permanent records from South Dakota, and here they are already suggesting to put him back in second grade because they don’t think he can keep up. He has a hard time getting his work done in class. James was never on an IEP in South Dakota but his teachers were always very cooperative and trying innovative ways to keep him interested. I believe James is very capable of doing the work but it seems that the teacher is just really “pressuring him,” and really on my case everyday that I pick him up. She has kept him after school almost everyday, and he has missed recess on several occasions. Thanks for any input.
Frustrated in OK
Re: How do you go about getting an IEP
Wow Teri,
interesting situation. 1. until they have recieved your sons school file,I don’t believe they can just change his placement. I KNOW this is true with an IEP,and probably with a 504,I would have to read the law. He has a formal diagnosis of ADHD,correct? So if he is recognized by your last school as ADHD,then he is a child with a disability under 504,or at least regarded as one. There is a provision of the 504 and IDEA that gives a section to children regarded as or not yet identified. This means they can not change his placement until they evaluate him,and provide him with services.
2. If your son is having behavior problems,the teacher really can not do things like keep him after school,unless,you allow it,and he or she has looked into a behavior plan,or any other proactive measures.
3. I guess what I am saying is,even without an IEP your son has rights. I would take this opportunity to have him thoroughly evaluated. The teacher wants to demote him? Then you need to write a letter to the principal,certified.Tell them that the teacher has concerns,you have concerns about his educational success.Tell them, the teacher would like him demoted,and you have an issue in doing that without having him thoroughly evaluated. So before a decision of a change in his placement,and the educational files from your last school arrive,you are now formally requesting a formal educational evaluation be completed. An Educational evaluation that evaluates all possible areas of need. This is specific wording,as it appears in IDEA.
4.If for some reason you do not want an evaluation,( I personally would do both) and you would also like to implement an IEP, do it under Other Health Impairments,as stated in IDEA.In this section of IDEA it states if children with ADHD are impaired to such a degree that it impairs everyday life skills,then they should be covered under IDEA,which means an IEP.If the teacher is wanting to retain your child,then he would easily qualify under this section of IDEA.
:-) this school won’t know what hit them. Loved to be a fly on the wall.
Re: How do you go about getting an IEP
My son is also in the 3rd and is having a problem with the work. The school has a problem called “ESE’ for children that have this type of problem. You should check with the school board, as well as talking to the principle. I had this problem when my son started a new scool for first grade. The teacher called me at my work 4 days into the school term and said that we needed to discuss his ability to fit into 1st grade. Of course, she denied it when I went to the principle, but we got him into another teacher’s class and he started doing much better. Email me if you have any other questions or just need to talk.
Wendy
http://Wendy.themomteam.com
Teri -
I can’t believe after only 5 days of school your son’s teacher has the nerve to tell you he won’t be able to keep up with the other students. If your son successfully completed the 2nd grade, then you need to stress that to his new teacher.
If your wondering how to get your son on an IEP, the first step is for the school to formally test him. However, since James hasn’t been in special education he may not qualify, so I suggest you talk to the school about a 504 plan to make accommodations in the classroom for your son. Children who have ADHD can be successful in the regular education room with a few accommodations. This can include many things, so make a list of the type of help you would like your son to receive before hand. You may want to include shortening assignments, if this is a problem.
A 504 plan is not an IEP, however it is a legal document which demands/states that the classroom teacher is responsible for specific accommodations that are written on the plan.
Good Luck!