My 17 year old son is a senior in a Knox Co Tennessee high school. At 5 yrs old, he was diagnosed with Auditory Processing Delay (APD) and ADD by his pediatrician and audiologist. His IQ score on intelligence tests was “above average”. Since the 2nd grade, he has received special education services. In addition, he was privately tutored after school 2-3 hours per week in writing, language basics, spelling and Algebra I from grade 2 through 11.
In the fall of 2004, I enrolled him in a Sylvan Learning Program. He made excellent progress, but unfortunately after participating 7 months, he became unmotivated due to the elementary nature of the course material and quit.
Currently, he is enrolled in an electrician course at the vocational school (high school). Last week, I observed his writing and reading skills remain at an elementary level. He couldn’t complete the initial exercises and worksheets of the course. Bottom line, he doesn’t have the necessary basic academic skills to be successful at anything?
Mr. Cohen, if I can locate a more effective education opportunity which teaches reading and writing skills (grades 5-12) by utilizing teaching techniques which accommodate students with APD, do I have any legal right to ask Knox Co schools to pay?
My son hasn’t had behavior problems prior to this year. However, he recently he has become depressed, anxious, and defiant. He feels like a “loser” because of his lack of success. He’ told my husband that he thinks of himself as “stupid”.
As you can see, I’m desperate to locate a school and/or education curriculum which will address my son’s learning disability more effectively. Over the years, I participated in the IEP process. Most of the accommodations were made in the classrooms of 25-30 students. The accommodations included having him sit in front of the classroom; take a longer time to complete assignments; obtain “notes” from a buddy; participate in “fundamental” level classes; and have tests read to him. These accommodations did not result in academic success sufficient for the pursuit of higher education or attendance in a skilled labor apprentice program.
Justin needs individual or very small group instruction in language skills. He also needs an environment which is more accepting of students with learning disabilities.
Interestingly, Justin passed all of the State of Tennessee prerequisite tests to earn a “normal” high school degree. Obtaining a “normal” high school degree was the #1 goal I requested for the IEP.
Thank you so very much for caring about children with these issues.
Janet
Dear Janet:
Your son’s situation sounds terrible. School districts are required to provide a free appropriate public education from age 3 through high school graduation or 21, whichever comes first. At age 14 (under the old law, effective when your child seems to have turned 14 (age 16 under IDEA 2004), the school district was obligated to develop a transition plan which identified your child’s vocational interests, aptitudes, needs, and services necessary to assist him in achieving realistic post-secondary goals. Under the new IDEA 2004, these evaluations are supposed to be even more intensive, as are the programs to address your child’s needs. IDEA 2004 also requires that the transition plan include “the courses of study” necessary for the child to accomplish their transition objectives. In my interpretation, “courses of study” can include vocational training in a particular field, job readiness training in relation to job performance in general, and/or remedial education in the academic subjects necessary in order to realistically move forward towards the identified vocational goals.
If your school system does not have appropriate programs to meet your son’s transitional needs, they are obligated to obtain such services elsewhere. If you identify a program that does meet his needs, and the school has failed to develop or offer an appropriate program, you should bring the private program to the attention of the school system. Similarly, if your son needs remediation in a particular area in order to move forward with their transition plan, that may also be the responsibility of the school system. Finally, if the school has failed to offer appropriate programs in the past, your son may be eligible for compensatory services to make up for the lost time. To be clear, however, your school may not volunteer these programs and you may need to prove that a) their programs have been/are inappropriate and that b) the program (s) you seek are necessary and appropriate.
You may want to consult with a knowledgeable special education attorney for assistance with this situation.