Eligibility: DENYING 504 OR IEP for ADHD, CAPD, ANXIETY

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Teresa:  My 11 year old child is diagnosed ADHD, Anxiety, and CAPD. She has been on meds for ADHD since 2nd grade, anxiety meds since 3rd and just diagnosed with CAPD this year. Because she’s not failing, they have stuck her in RTI for all of 4th and half of 5th because of articulation. Now they’re wanting to put her in RTI again. She can read well but doesn’t comprehend, so she’s at a 3.8 grade level in 6th with an above average IQ. She’s not failing but keeping good grades brought on the anxiety. Why are they denying her a 504 or IEP and what can I do about it. The higher the grade, the more she struggles. She’s in 6th grade. We are in LA.

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Lillian

My son was born a very low birth weight preemie (2 months early & weighed about 2.5 lbs.
He has been diagnosed with ADHD and visual processing disorder since the 1st grade. The IEP team keeps denying to even evaluate him, so I have paid for private evaluations, twice; they have never done their own.

My son is now in 9th grade & he is literally failing (3-F’s). He has gone from being on the A/B honor roll to failing! High school is the most critical time in his educational life; everything is scrutinized in high school I he is trying to go to college, which he is.

I know we need to just go straight to Due Process, but I can’t afford an attorney on my single mom salary!!!

I desperately need help….what can I do?

Chuck

I suggest contacting your state parent training & information center. http://www.parentcenterhub.org/find-your-center

mom

Who diagnosed the CAPD? It can only be diagnosed by an audiologist, not a psychologist or speech pathologist.

Amy

Parents always have the right to request a special education evaluation, whether or not your child is receiving supports through the school’s RtI framework. However, if she were referred for an evaluation your daughter would still need to meet eligibility criteria in order to qualify for an IEP or 504 accommodations.

Erikabaz

The most frustrating part is what is the eligable criteria, I feel like it’s a contradiction, cause your letting them know the issue is real. .. but then if they can see it don’t understand the problems, then they are not qualified for that accommodation. It makes no sence!

RTI is not supposed to be used to avoid evaluating and providing appropriate services. Suggest you get a comprehensive psycho-educational evaluation of your daughter by an expert in the private sector. The expert needs to describe your daughter’s strengths and weaknesses. what your daughter needs in an educational plan and what will happen if the school continues to stall and delay. Be sure your expert will come to a meeting(s) at the school to explain his/her findings and what your daughter needs from the school.

In your question, you describe her IQ and grade level in reading. Did the school evaluate her previously?

Chuck

Your state parent training & information center can assist you getting more help for her. http://www.parentcenterhub.org/find-your-center LA has a very good center.