Please help! IEP implementation nightmare!

They make it tough sometimes. I’m from a small school district, too.

My 1st thought would be to request an IEP meeting. I would get everything together, identify some goals, etc. Write a letter requesting an IEP meeting ASAP. What they are doing isn’t working.

#2 - Your child has the right to have a CERTIFIED teacher. I believe the popular term now is “highly qualified” so they certainly don’t seem to fit that. Check - maybe he’s got a temporary. If you ask, school must reply with the info. Our state has a web site where you can check.

Did you sign anything agreeing to the change? They cannot make a change in placement without agreement from the team, which you are part of.

I would document that there was no agreement to make the change, no agreement to the addendum and have it made a part of your childs Ed. file.

When was the last time your child had a full educational eval? Sounds like that may be needed so you know where she is and how far from grade level. If it was 1st grade, that’s a long time ago.

Sounds like “it’s better this way” for the SPED teacher since he seems to have no clue what he’s doing. Don’t know what area you’re in but an advocate could be a valuable ally.

jmom

We called for two IEP meetings so far. We had been trying it without actual meetings first, just talking to the Special Ed. teacher and the Principal.

The troubles began at the very beginning of the school year, when this teacher started yelling or raising his voice at my daughter to “motivate” her. He also tried to “convince her to learn” by telling her things like that she will never have a job etc. if she doesn’t “start reading better”.

My daughter was in tears several times. Other teachers and employees at the school also made reports of her being terribly upset, running from the Special Ed. room. One of the problems was that the Special ed teacher had not read her current IEP. He thought she was on a first grade level, aiming for a 2.5 reading level, when her actual annual goal is a 4.5 reading level with 90% accuracy this year. She tried to tell him that he was giving her the wrong books and he got mad at her.

So, this has been an ongoing problem. We told him what we (the previous IEP team) had been doing, what she had been working on at the end of last year, etc. He thanked us for the information, said things would be different now that we told him what was going on…and nothing changed. Except, he then told our daughter that he knew she was “faking this reading problem” and that if she didn’t “shape up now” he was going to “do something about it”.

Another teacher made an official report, and we were informed. We had a meeting with the principal, and one with the Special Ed. teacher. We requested to meet them together to discuss the situation and the solution.

On the day of that meeting, we arrived at the principal’s office and were informed that the Spec. Ed. teacher wasn’t going to be available, but that he had left something for us, and that he was sure it would solve everything. All we had to do was sign it. We didn’t-It was a hand written letter of apology from the Spec. Ed teacher, and a Notice of Action for a change of services stating that from that point on our daughter “will be given 0-60 minutes per week in the special ed room if she needs it”

It also stated that “The IEP Team reviewed [daughter’s name]’s IEP to try to determine if [name] should continue 600 minutes weekly in the Special Education Classroom” and “It was determined that [name] would be better served with inclusion in her regular classroom with her peers” It also states “Parents have requested that [name] be taken out of Special Ed room and included in the regular classroom with her peers”

Well, there had not been an IEP meeting yet, we had made no such requests (all we asked was that something be done so she did not fear coming to school anymore-she was having nightmares etc.)

Anyway, I went home and called DESE. They are the ones who told me the teacher is not certified to teach Special Ed. I have requested his qualifications (in writing and in person) several times. The special ed. teacher ignored me or changed the subject. The principal said “he is learning” and that he is “more than qualified”.

DESE called the school, and shortly after that we had our IEP meeting. We suggested that another teacher, employee, or other adult be allowed to be with-in earshot of the Special Ed. classroom while our daughter was in there so that she would not be afraid anymore.

That is when the Spec. Ed teacher said “I would have no objection to that, but what about if I went to her classroom instead?” and we agreed to try that and see if the situation improved any.

At that point in time our daughter was failing 2 of her general curriculum subjects because she could not read/understand her text or the questions on her work-sheets. She had no special ed. progress reports either, the Spec. ed. teacher said he could not evaluate her because she “wouldn’t cooperate” at which point the General Ed. teacher pulled out our daughter’s accelerated reader report for the year. Averaging the scores she estimates a 4.0 reading level with 60% accuracy.

Anyway, you know the rest- he changed the IEP and no one ever signed it. Now the progress report that was sent home says she has “F” in all subjects. She was crying tonight about “being a failure” she says “everybody knows about the F’s”.

We did file a Child complaint the first time the Spec. Ed teacher tried to change the IEP. I don’t know what else we can do.

We are going to the Wright’s Law seminar in O.K. City on December 2&3.

I hope you have EVERYTHING documented. If not, start. All conversations, paperwork, grades, school work, document it all.

If they changed your childs IEP and/or placement without a formal “team” meeting and agreement, they are in violation of the law

I don’t know what DESE is - state ed dept? I’d get on the phone to your state special ed department. Ours has been very helpful. I can’t believe he’s not certified. The teachers training is open records and they must honor your request - push it.

They are not teaching your child. I think our smaller districts are the worst. They don’t have the resources or the knowledge from experience. I’ve found small minds abound in small schools.

Most states have a parent training center that can help you advocate for your child. Many will attend mtgs with you. Go to this link and find your state. You may be able to find some help here:

http://www.yellowpagesforkids.com/

Document, document, document.

Get a spiral notebook. If you have a telephone conversation, write down the date, time, the person’s name, and recap briefly what was said.

Write a letter recapping discussions and meetings so far this year. You can start it out by saying something on the other of “This letter is to briefly recap our discussions and meetings about ….. this year.” Then hit all of the highlights. You do not have to ask for any response to this letter. If they do not contradict you *in writing*, what you put into that letter carries weight in any legal proceeding. (This is not to say you *want* a legal proceeding. The whole point here is to protect yourself and your child. Good protection often prevents the need for legal action.)

Make all of your requests in writing, with copies to everyone who might be higher up the ladder (e.g., the district’s Director of Special Education). Mail these registered, if necessary, with signature required. (This can get expensive, but at least mail the original this way.) Please be aware that verbal requests are *not* legally binding on the school. Only written requests are legally binding on the school. (e.g., If you request an evaluation, the legal clock does not start ticking until the request is made in writing. When it is verbal, a school can stall for many months. Written requests require them to take some kind of action — even if it’s to deny your request! — within a fixed period of days.)

Document, document, document. Without documentation, you will be at a serious disadvantage.

Nancy

Thank you again!

Luckily I have been documenting things recently (since I discovered this web-site) :D

Each time I made a verbal request, I followed up with a written re-cap the next morning. I am at the school fairly often, even when not dealing with this situation- I am also the PTO treasurer.

Oh, and unfortunately, the District’s Director of Special Education is either the Spec. Ed teacher or the Principal/Superintendant. They haven’t decided which one yet. :shock:

(Whenever I mention DESE, I am talking about the Department of Elementary and Secondary Education in this state)

We also tape recorded that last “IEP that doesn’t have to be called an IEP”. We were very open about it, the recorder was right in the center of the table the whole time.

On tape, the Special Ed. teacher said that he “got on” our daughter, but he couldn’t understand why she was afraid-“maybe she has other mental/emotional issues”. So, I asked him specifically about some of the hurtful things my daughter had quoted him as saying, and asked if he had said them. He admitted saying them, but said “they were directed at a different student, your daughter must have overheard and THOUGHT I was talking to her.”

Today, in response to their request, I sent DESE- Special Education Compliance Division a copy of the original IEP for this year, and the proposed change from earlier this year along with the current change. I also updated them on the situation. (They wanted to know if the problems I stated on my Child Complaint were being addressed at the school yet).

I told them about how they are “Team-teaching” my daughter, and the fact that no mention has been made about the IEP Goals, and I enclosed a copy of the progress report too. My daughter was supposed to be receiving Special Ed. instruction in reading and writing. The progress report says “no information available” in the reading and writing areas.

In previous years, I have always received progress reports that show how she is progressing towards her benchmarks and goals. The IEP states that these reports will be issued “as often as General Education progress reports”. I had received a couple of those-but none from the Special Ed. department when I began requesting them in writing.

When the Gen. Ed teacher read about progress reports in the IEP, she began giving weekly progress reports to all her students-but I still have not received a single one from the other teacher.

Thank you all so much for advising me through this. I felt so alone before I found this board!

I was looking for IDEA regarding SPED teachers qualifications. It’s section 1401 10(B) QUALIFICATIONS FOR SPECIAL EDUCATION TEACHERS.

When used with respect to any public elementary school or secondary school special education teacher teaching in a State, such term means that-
(i) the teacher has obtained [b]FULL STATE CERTIFICATION [/b]as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher [b]LICENSING EXAMINATION[/b], and [b]HOLDS A LICENSE TO [/b][b]TEACH[/b] in the state as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the state’s public charter school law;
(ii) the teacher [b]HAS NOT HAD[/b] special education certification or licensure requirements [b]WAIVED[/b] on an emergency, temporary or provisional basis;[b]AND[/b]
(iii) the teacher holds at least a bachelors degree.

Thought this might be of some use. It’s FEDERAL law.

Hi,

I am in Missouri and am a teacher (district in suburban Kansas City area). Have you contacted “Missouri Parents Act” yet? They are a parent advocacy group in Missouri.

There are some private advocates in the area, too, who are very good.

Let me know how I can help you find resources.

I am sooooo angry for you and your child.

Like other posters said - DOCUMENT everything.

I might only send communications by mail or email; this way you have something to fall back on. You can also reflect on the responses you get to your letters/emails prior to responding. If I were in your place, I would be really upset about the treatment of my child!!! This would make it very difficult for me to respond face to face or on the phone…I use emails and I sit on my response overnight (just to make sure I meant what I wrote).

I would keep things formal…I would not do the informal stuff….Where has that gotten you/your child?

I would record your IEP meeting. You can always use the excuse that you have a difficult time processing all the information and want to listen to what they have to say….or whatever. You have a right to record your child’s IEP meeting….don’t make them more upset by being hostile about it.

If you record them, you have a record of what is suppose to happen….. Even the best notetakers cannot duplicate a recording.

Good luck.

Kristin

You do need an advocate. It is unlikely you can manage this situation on your own. The behavior of the “special ed. teacher” is very questionable, and I would not allow my child to EVER have to go to the resource room with him again. You do need an advocate to help you get the IEP arranged so that your daughter can have the regular ed. teachers complying with the accommodations, etc. Unfortunately, though, there is a shortage of qualified special ed. teachers in many areas, so they can hire unqualified teachers when there is no other option. Then those teachers are given some kind of provisional certification and can teach while working on certification.

Now, as to the root problem….you need to address your child’s reading skills. I am just going to tell you, it is rare for a reading disorder to be remediated at school. You said:

“Averaging the scores she estimates a 4.0 reading level with 60% accuracy.”

Well, this means she is reading well below 4th grade level. 60% accuracy is waaaay below frustration level! The percentiles may vary in different sources, but basically 95-100% accuracy is considered Independent Reading level, 90-95% accuracy is Instructional Reading Level, and less than 90% accuracy is Frustration level. So she needs to try lower level text to see at what level she functions at 90 or 95% accuracy to determine her independent and instructional reading levels. You may be looking at first to second grade reading level to get find her actual independent reading level.

You need to find a private reading tutor who is trained in one of the acceptable reading programs that you can find listed in the articles on this site under LD In Depth: Reading. Most parents have hope that a reading disorder will be helped at school, but the reality is that your daughter has been in special ed. since first grade and she is still far behind in reading skills. A good source of tutors is the International Dyslexia Association or you could try intensive services at a clinic like Lindamood-Bell. Do not wait any longer for the school to help her reading. They’ve had 4 years and have proven that they cannot do it.

Janis

P.S. If you live near Susan Long, try to talk her into tutoring your child!

Second and third Janis’s advice. You’ve been given the run-around and your child is losing time. A good tutor can turn this situation around, and the sooner the better.

Thank you all!

I have been in contact with MPACT and have spoken with an advocate (who will be returning from vacation on the 9th).

I am quite interested in finding my daughter a tutor, i have been trying for almost two months now.

The local adult literacy club is the only semi-positive response I have gotten. They wanted me to get more information about my daughter’s current reading level and whether or not she is actually “doing all that can be expected of her” at school. They also suggested “shouldn’t the school be providing this service anyway?”

Mean-while, the Special Ed. Instructor says he is “open to any suggestions” I have regarding my daughter. The General Ed. teacher is getting quite frustrated, even exclaiming with her hands in the air “this is ridiculous” and sending my daughter out of the room this Monday because she was not yet finished with the reading vocabulary assignment that the rest of the class was ready to grade.

The Special Ed. teacher says he has not been working with my daughter directly, but she “does allow him to help” during the 90 minutes he is in her General education classroom each morning. (The Aide is assigned full time to another student in my daughter’s grade, but was substitute teaching in another class all day Monday, and the Spec. Ed Instructor had already left the room for the day.

Reading/Vocabulary and Language Arts class are held later in the day. My daughter has Specific Learning Disability: Reading Comprehension, Basic reading Skill, and Written Expression.

My daughter regularly brings home all the assignments she was unable to do in class (because she was unable to read/understand either the text or the questions or both) and we work on them about 4 hours a night.

I am really not sure what to ask for regarding her next IEP, and/or private tutoring. What do you think?

Your daughter needs, explicit, direct instruction targeting the skills she doesn’t have.

“Helping her” is not teaching her. If the teacher reads the text to her, what about tomorrow, next year? What will she do when no one is around to read for her? NOTHING - she can’t. Support is one thing, while they are giving her specialized help. It is not a long term solution.

They need to teach her to read and write so she can begin to manage on her own.

Overcoming Dyslexia by Sally Shaywitz is a good book. Easy read, with lots of info.

You have got to get instruction in reading, by someone qualified to teach her.

My son does Alphabetic Phonics with a private tutor. Check out Acaldemic Language Therapists Assoc.

See if there is any kind of Scottish Rite in your area. They are very good, free, and set up to help these children.

LindaMood Bell is another, that has centers in many areas. Call your local IDA and see if they know of any tutors/centers in the area.

Don’t give up on getting services at school, but your daughter has lost another 1/2 school year and gotten no where. It is only going to get worse as she gets to harder material that requires reading and understanding.