Doing Your Homework
Katie Doesn't Qualify for Special Ed Services: "Now What?"
by Sue Whitney Heath, Research Editor, Wrightslaw

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Katie’s Story

My granddaughter is 7 yrs old and will be entering 2nd grade soon.  Her school says she is not eligible for special education services.

Katie’s teacher said she was going to fail 1st grade.  She has no “formal” diagnosis of dyslexia. She was "screened" and accepted into a private program for children with dyslexic characteristics.  She attends once a week now and will attend full time this summer for a six week program.

The teacher agreed to promote her since we were sending her to this private summer school program.  The teacher assumes she will continue to make progress and be "reading ready" by second grade.

We went through the same thing in Kindergarten. Katie’s teacher told us she was going to fail because of her reading.  We agreed to put her in the private tutoring program.

Katie is a bright, very intelligent, and very inquisitive child. We wanted to get the school to give her the help she needed.  We made three requests before the school finally tested her. The school said her test results showed her IQ was low. Her achievements were behind grade level but the school said her achievement matched her IQ!!

The school’s decision: Katie is not eligible for special education services.  They offered to write a Section 504 plan for her ADHD.

We are struggling financially to keep her in a private program so that she won't fail in public school. Our only other option is to let her fail for a few years and THEN the school might offer services... how mean is that to a young child who just desperately wants to fit in at school?

Sue’s Response

It sounds like you are relying on misinformation about how the system works.

I would not conclude that Katie is ineligible for special education services without having more information. Everything in your question leads me to think that

• a better evaluation, or
• a better interpretation of the existing evaluation, or
• a better idea of how the system works

would result in identification.

Do Not Wait to Fail

Do not wait for Katie to fail in order to get services.  This is not necessary. There are some key points that you are missing and many gaps to fill in.

It is very good that she is getting private tutoring, the intensive instruction she needs to learn to read.  But, unless you choose to, and can continue to, pay for private instruction, you are going to need to learn how to get the services for Katie through the school district.

Katie has experienced failure in 2 out of 2 of her school years. You need to acquire, or hire, the expertise to get her the services she needs.

How to Acquire the Expertise You Need

I would suggest doing these things immediately.

1. Buy this book and read it

From Emotions to Advocacy. Make sure you buy the second edition. https://www.wrightslaw.com/bks/feta2/feta2.htm
You may be able to get it cheaper at www.amazon.com

Once you have a better idea of how the system works, you will have a better idea about how you can refer her again for special education services.

2. Read these articles

Tests and Measurements https://www.wrightslaw.com/advoc/articles/tests_measurements.html

My Child is Not Learning: What Can I Ask the School to Do? https://www.wrightslaw.com/heath/read.rbi.retain.htm

Once you have a better idea of what her evaluation means, you can have her re-evaluated by a private sector evaluator.

3. Read about your rights and responsibilities under IDEA 2004

The law gives you the power to make educational decision for Katie.  Don’t be afraid to use this power, but use it wisely to build a healthy working relationship with the school.

IDEA 2004 is a powerful tool to improve educational results and outcomes for children like Katie. Before you can use IDEA as tool, you need to learn about your legal rights and responsibilities.

Parents (and grandparents) are natural advocates for their children. It may be important to hire an advocate to help you until you feel more confident in advocating for Katie yourself.
 
Once you have a better idea of how the system works and develop you advocacy skills, you will have a better idea about how you can refer her again for special education services.

Look for advocates here:

Council of Parent Advocates and Attorneys
http://www.copaa.org/ 

State branches of the International Dyslexia Association. Phone or email the contact listed and  ask about evaluators and/or advocates.http://www.interdys.org/SearchByState.aspx

Yellow Pages for Kids with Disabilities