Originally Posted by Displaced
They have gifted pull out daily for 1st grade. We've already removed him from the program because it was basically tons of reading and writing the whole time and DS was miserable.

Once you've figured out the 2E aspect and worked out the accommodations, it may be possible to put him back into that program. Technically, gifted programs are not allowed to keep out kids with disabilities who otherwise qualify. I have one doing very well in a gifted program, using the accommodations in his IEP.

Originally Posted by Displaced
Since we don't have diagnoses yet it would be torture to keep him in gifted. And they basically don't believe he can succeed in the math gifted program (another program at the same school) because the K teacher last year didn't recommend it and he wasn't answering questions with 100% accuracy.

Sounds like you'll know more when your testing comes back. Again, they can't exclude him; once you know more about the diagnosis you'll know how much remediation is needed before he can do the gifted coursework.

Originally Posted by Displaced
I just got some bad vibes from the gifted teachers after mentioning I think DS has a LD.

They undoubtedly don't know what to do. When DS12 was in 3rd, he was the first child with an identified disability that the gifted teacher had ever had in the program-- in a 30-year career.

That said, they can learn what to do. We spend a lot of effort teaching our teachers. That helps my child, and the next one who comes along as well.

Originally Posted by Displaced
I guess if schools can truly accommodate I'd be happy but I know the general ed teacher is already overworked.

Your child is ENTITLED to a Free, Appropriate Public Education (FAPE). If the gen ed teacher is not able to provide that, they are required to put someone in there who can, or place him with a teacher with whom he will succeed. There are a ton of regulations around this that protect the child.

Originally Posted by Displaced
If there's not somebody to help then IDK how DS will get through. And if they do truly accommodate well with scribing/etc, then honestly DS will probably get bored very quickly as all that writing takes him so long to do.

You're leaping ahead here. See what the problems are via the eval; then begin the conversation with the school, while simultaneously learning all you can about what can be done to accommodate and remediate. A LOT can be done.

Originally Posted by Displaced
This is uplifting news. I guess I'm not looking forward to having to advocate when round #1 went so poorly.

It's not a grand way to spend time; on the other hand, I've effected major positive change, and enabled my kids to get their "free" (hah) appropriate public education.

But yes, keeping a 2E in school will require advocacy. Even in a great school, you need a little, and in a school where the staff doesn't know a lot, you need a lot of advocacy. We've done it both ways.

Originally Posted by Displaced
Good to know the recourse but if they're not giving services needed, what can you really do about it? Especially when the school year works like a snail. Complaining doesn't always mean there's services in a timely manner. The person who fought for OT I referred to even had an IEP advocate and the whole nine yards.

Timely is difficult, yes. One must keep good records if the school is being difficult. One can go to the superintendent or the person in the district who's in charge of compliance with IDEA. One can go to the state (dept of education, and/or office of exceptional children) and lodge a formal complaint. One can file (or threaten to file) a lawsuit. It is a lot of work. And yet: possible.

Originally Posted by Displaced
Thanks, it prompted me to look up my state laws and it seems that if there is a documented LD there should be accommodations.

If the team determines there is an educational need, there will be some combination of remediation or accommodations, tailored to the particular need. That's federal law.

Originally Posted by Displaced
But I'm trying to get prepared.

BTDT. There is a limited amount you can do until it's Time To Do the Next Thing. I would advise not going crazy gathering information until you know more clearly what information you need, and what accommodations you need.