Hi Emma,
I'm sorry you're having to deal with this now, but I also see it as something somewhat predictable - at least it would be in our district. I felt like there was always an undercurrent of attempting to reduce services whenever possible, and I have enough friends working as teachers and SLPs/OTs/etc in our district to realized that a large part of this push is simply because the district lacks resources in terms of staff and $ to meet the needs of all students who really should be receiving services. I wanted to put that out there just for you to have in mind - if that's the case in your district, you'll have to advocate but it doesn't mean you're up against a wall that can't be worked through. Try to focus on the specifics of your ds' needs, the proof of those needs through diagnosis, and develop your advocacy arguments around the specific points of what is legal as well as what is district policy. I feel kinda silly saying this to you, because I think you're already there
.... but included it partly for other parents who might be reading.
Some of my answers below might be a bit scattered and random - please ask if you have any questions about them
Last year DS was eligible for extended time, speech therapy, counseling, third-language exemption, preferential seating, and "tablet with keyboard containing word processing, voice recognition, organizing software, digital recording applications to enable the student to take and organize notes as well as write short and extended responses," but DS did not receive them, except for in-classroom tablet last year. Exh withheld IEP and didn't request services or accommodations out of fear they DS would lose financial aid.
Did ds use any of his accommodations? Start by listing what he did use in the classroom, including specifics of how he used the laptop (for what type of assignments/tasks, how often, what software, did other students use laptops for the same purpose etc). Also make a list (if you can) of anything that was a struggle or difficult due to not using accommodations. I'd sit down with ds and go over this point-by-point. What did he use, how did he use it, how did it work out, what would he like to be able to use this year (for what, and why).
I would also ask last year's school to put a list of the accommodations ds was granted and used in a note on school letterhead. We have this from our ds' private school and use it as proof he was using accommodations while at private school, even though he didn't have an official 504 or IEP in place (like your ds' situation, we didn't need the paperwork at the private school because the school was willing to provide the accommodations).
Now that I have been allowed to be more active with my DS school I am trying to get accommodations and IEP review in place for the coming school year.
What I understand so far is, your exh didn't request that the IEP be enforced at last year's school, the original IEP was put in place in 2012, but would still be in place until a review is completed. You've had a meeting earlier this summer - I can't remember if that was technically an IEP update/review? Was any decision made to re-evaluate your ds' eligibility? I think that if the school is saying he should be declassified or services somehow reduced, that can either happen with parental permission *or* after an evaluation (similar to IEP eligibility evaluation) takes place to determine if the services/accommodations are no longer needed. Has the school done that evaluation yet (current academic functioning... should include ability vs achievement, SLP eval, any other relevant testing/evals).
District is now saying since DS received A's and B's without accommodations and related services they believe he does not need them and want to declassify him rather than renew.
We've been in the position of being told that our ds didn't qualify for IEP services because his grades were passing and his state test scores were "too high". Grades and achievement test scores can't be used to deny eligibility - you should be able to find info on this at wrightslaw. I will also try to dig up the info I have but it might take a few days
The important thing is to find a specific phrase that states that the district can't make this decision based on grades, and just repeat it (either in writing or verbal) whenever this issue comes up. Then move on to state the reasons he *does* need accommodations or IEP services.
However, he currently has an incomplete in one subject, because he did not hand in a paper. The rough draft has been submitted, awaiting on-summer-vacation teacher to review and then DS will need to submit final paper while starting 10th grade. I think his language disorder made it difficult for DS to get his thoughts on paper.
You can keep this as an example of the impact of his language disorder but it's a weak argument in and of itself. You need to first go back to his 2012 testing and look for the specifics in that report listing how his language disorder will impact him in the classroom and in communications outside the classroom. Then if you can tie the late paper to one of these specific issues save it as an example. If not, don't focus on the paper - move on to relevant arguments. You *should* think through what's happened in the past few years in the classroom that has impacted your ds and is potentially related to his SLD - you'll probably find examples once you start thinking through it.
District said DS did not hand it in, because he did not want to and he's capable.
Our district also made a lot of counter-arguments such as this. The best thing to do is to have that obvious tie to his disability - if you can't come up with it for this one paper, just let the district know you'll agree to disagree on this one situation, then move on to focus discussion on the points you do have data for.
FWIW, I did not know about the non-turned in paper until right before finals and DS had permission to hand in paper late.
Do you think this was an isolated situation, or does your dd struggle with organization and getting papers turned in on time? Or do you think this is all due to the language disorder? One of the things that's really important in advocating for services and accommodations is to look at it as a two-step process: the 2nd step is successfully advocating with the school, but the first step is understanding what your student's challenges really are, understand how they specifically impact him re academics, and figuring out the best game plan for how to both manage them looking at the long view (not just for one class here and now, but what's going to come later in his life). Then after you've thought through that, think through how to advocate here and now at school. I hope that makes sense!
DS has requested extended time, since he feels he is at a disadvantage and under pressure without it. Not to mention, over the top anxiety during finals.
This isn't going to work on it's own as an argument for extended time - if it did, more than half the kids in high school would be asking for extended time. You need a professional evaluation showing the specific reason for the need. I think you already have what you need in his previous evals (and an updated neuropsych eval this fall will definitely help). The key is, extract the specific proof from his evals. Is there anything in his 2012 np eval stating that he should be given extended time, how much (150%, 200% etc), and why. If not, are there tests in his 2012 eval showing issues with timed testing (I'm guessing there are since you mentioned he has slow processing speed). Not knowing the specifics of your ds' testing, I can't give you a specific example of what to look for because there could be many different reasons why he needs extended time. This is just a for instance, but my dd has fine motor challenges due to dyspraxia and dysgraphia, and he needs extended time when he has to use handwriting. One thing in ds' test results that illustrated this nicely was plotting his WJ achievement subtest scores together on one chart - there was a very obvious separation in scores between tests that were answered verbally vs with handwriting, and again another drop when tests were answered with handwriting and timed vs untimed. That's an example from elementary school. We had additional testing in high school where he was given two different forms of a part of the TOWL - timed and untimed.
DS receives points off for illegible handwriting and often misinterprets test questions. I suspect undiagnosed specific learning disability that ds has been able to compensate for, until now.
That sounds like potentially two different issues - something related to dysgraphia (possibly) for the illegible handwriting, but mistinterpreting test questions sounds more like something related to a reading challenge. Is there any clarity in his original 2012 eval re the nature of his SLD? Is he dysgraphic? Does he have a reading disorder diagnosis? If he's dysgraphic, it's a very simple argument to make that he shouldn't be given points off for illegible handwriting... but the larger and more important point of advocacy is that he most likely should be using keyboarding for his "writing" at all times except for short-answer responses.
My 2e dd who has a reading challenge misinterprets test questions and gets answers wrong as a result. This is a really tough issue - we are attempting to work with her at home on test-taking methodologies, get her to slow down, help her see where she gets tripped up etc. We also have to explain this up front to teachers, but I am not sure that there's a way to avoid having to deal with it happening other than helping your ds figure out when it happens, why it happens, and work on practicing ways of preventing it from happening.
I am hoping to get neuro-psych re-eval this fall. What arguments have others used in this situation to keep their DS' IEP or 504's in place?
1) Focus on FAPE (free appropriate public education) - the school district is required to provide it). Your ds needs to be allowed to show the full extent of his knowledge. He may be getting As and Bs, but if a specific challenge prevents him from showing his full knowledge, he's not receiving his FAPE.
2) Has the district already done an evaluation to show he no longer needs services? If not, they have to do that before exiting him (check out wrightslaw). If they've already done the eval, you can appeal and request an IEE (check your district policy/procedure).
DS had to be dropped from honor-track in other curriculum because he could not manage.
How was he "not managing"? Grades, completing assignments... etc? Make a list of all of the things that were not working and that prevented him from being in the honors track. Relate each to his disability. If his disability has prevented him from being in the honors track, he hasn't received his FAPE. If he's received proper remediation and is given proper accommodations, then there is no reason a student with the intellectual ability to be in an honors classroom won't be successful in an honors classroom.
I hope some of this helped!
Best wishes,
polarbear
