Gifted Issues Discussion homepage Forums Twice Exceptional IEP's and Nevada law... help!

I live in Las Vegas and have a twice exceptional son, age 15, who has been diagnosed with extremely high functioning Aspergers Syndrome but has also been tested and found to be PROFOUNDLY gifted with practically all 19 stanine scores in every area of but coding (a big duh) with a LOW score of 14! Overall Stanford Binet IQ score was 152 (159 by the revised scale) but yet he is failing in his classes because it is difficult for him to "buy into" the system. His teachers all know he knows the material and really pay almost no attention to his IEP. What is most frustrating is that we actually DO have a department in the Clark County School District devoted strictly to the Highly Gifted and the person heading that department is the absolute best, with a terrific knowledge of my son.

Unfortunately, I have been told by her that she is not ALLOWED by LAW to have any involvement in his IEP process, can't sign the IEP, can't even ATTEND!!! because it would NULLIFY his IEP if any concurrent inference to my son's giftedness was even made! Excuse me, but is that even legal? I have been searching the regs for this ruling but I can't even find them? Can someone please guide me? I see my son falling through the cracks semester after semester and it's just such a shame.


Debra

That sounds awful, Debra! I know absolutely nothing about this area of the law but I would ask her to tell you what law it is or where it is in the regs so that you can look at it yourself and try to understand. Maybe she doesn't actually know and has just been told this? It might be a good way to find out.

So who can attend IEP? Wouldn't the counselor be there? Wouldn't they already know about his giftedness? Who did the testing? Maybe I misunderstood but is she saying that they can't have someone from the district AGREEING that he's gifted before the meeting? You're right; it doesn't seem to make sense.

I'm so sorry I can't offer more concrete help. Hopefully someone on these boards can offer some insight. Let us know how it's going, though, so we can try to figure this out with you.

Amy

I would think that as long as his performance in class is being adversely affected by his disability, he should qualify for the IEP.

Are they wrongly equating giftedness with performance in school?

I also saw a recent ruling about schools being required to allow qualified students to participate in the gifted program even if they have IEPs or 504 plans. I'll look around and try to find it again...

Cathy

Hi Debra,

School teachers and administrators are not legal experts. Obviously neither am I, and I could misinterpret the laws/statutes just as easily as they could.
It would be good to find some person with legal expertise and experience that could help you. Maybe the gifted teacher has just been misinformed, it happens all the time and not just with teachers. If it wasn't complicated, there wouldn't be experts out there who make their living navigating it!
My heart and best wishes go out to you. Good luck.

Incog

Well, since you're in NV, could you call the Davidson Institute and ask for a referral? They would clearly know someone who knows Nevada educational law, as they operate a school in NV.

Wow, I am so overwhelmed with the quick responses to my post. Thank you all so much. To begin with, I moved to NV from CA where the original testing was done back in the third and fourth grades and then again just before I left. My son also has ADHD and OCD issues and has struggled each year with these same issues.

I asked the gifted counselor whether or not anyone ever challenged the legality of this and she told me multiple times but with no avail. As far as his teachers, they are all furious with him but like him all the same. His school counselor has such a heavy workload that he really barely knows him because he's not been a behavior problem in school really at all this year. Right now it is Spring Break so no one is available, but I will find out more about the "regs" she cites on Monday. Just a superficial scan of them shows me nothing, tho, to be honest.

I think I will call Davidson though, and ask them about this. He is not in his home school and they are so overwhelmed with new students that they are looking for any excuse to get rid of people who muck things up for their funding but because he has special ed needs and they supposedly have an autistic spectrum team there, he has been given extra leeway. With his failing everything now, tho, I'm fighting to keep him in so he doesn't continue to fall through the cracks.

I'll keep you all posted and once again, many thanks.

Debra

He is being included in gifted programs offered by the school system and has some services listed which he is supposed to be receiving (and hasn't received)with some accomodations for Aspergers with concurrent ADHD and OCD issues, but his IEP itself can make no mention of giftedness, cannot acknowledge any behaviors as being part of known learning issues associated with giftedness nor can it even hint at his being in the giftedness program. Furthermore, the Highly gifted counselor says she cannot even attend his IEP even though she knows him best! That's the insane part.

Debra

Found it! Here's the thing I was looking for:

http://www.ed.gov/about/offices/list/ocr/letters/colleague-20071226.html