Gifted Issues Discussion homepage Forums Parenting and Advocacy GIEP not being followed

I gave them two weeks to settle in but the GIEP isn't being followed and my son was flat out told by the teacher they were sorry it didn't work out and it wasn't going to be followed. I have a meeting today with the teachers to see how we can brainstorm for a way to arrange for the GIEP to be followed (Differentiation in Reading and Language Arts appears to be happening but acceleration and differentiation in math isn't. When they have their period in the day for interventions for students who need more help, he gets enrichment instead with a few other kids. They did various units of writing, poetry, readers theater and other things last year and that is a happy time for him).

Wish me luck. If it doesn't work out, I know there are several options so I am not terribly upset that it is this or nothing. I am pretty optimistic that everyone wants what is best for him. Additionally, I am pretty sure they don't want to lose his FCAT scores if we have to chose a different placement. He has minor celebrity status at the school (he is outgoing and a really interesting child) and I have volunteered daily except the first two days, so I am well known.

Is he at a public school? I'm not sure they can really tell you that the IEP won't be followed!

Exactly!!! It isn't an option!

Welllllll...


that depends.

Technically, unless this is a GIEP administered under state law, or the child is 2e and therefore a qualified individual with a disability, they don't.

A GIEP isn't the equal of a disability-related one. Not even close. The feds don't even CARE about GIEP's for students without disabilities.

What that means in pragmatic terms is that unless it's written into state law that students are ENTITLED to appropriate education as a result of being identified as gifted and having a GIEP... there isn't any way to get enforcement of what is written in that plan.

ITA.

A few things you can do - first, look up your state law re gifted ed - there might be a bit of backbone there depending on where you are at.

Second, when you approach the staff, approach with the expectation that the school will deliver on what was promised at the end of last year and written into the gifted IEP. The GIEP might not carry any legal weight, but there must be some value in it within your school district, otherwise GIEPs wouldn't exist. So while on the one hand, you don't really have Federal legal arguments to jump on in your defense, I'd still approach how you deal with the issue with the school in the same way I'd approach the school if they were not following through on services outlined in an IEP for an LD etc. The first step is simply to bring it to their attention and request that the services be provided. It looks like this is happening with the meeting you'll be attending, and it sounds like your ds' school is proactively attempting to provide your ds with differentiation - so that's all good! If the school says they can't provide differentiated/accelerated math, ask why not. Not of an individual teacher, but ask the entire GIEP team. Email that question in writing.

And if the teachers meeting today results in the school saying "no" to the previously agreed upon GIEP plan - is there someone at the district level you can contact and ask questions of re this - head of the district's gifted department (if the district has one)? I would call and ask for their advice re how to meet what is outlined in the GIEP and how it's been accomplished at other schools. You can also ask what the district's policy is for parents to appeal when a GIEP isn't being followed through.

I hope your meeting goes well!

polarbear

Yeah, advocacy-wise, it's probably best to go with "surprised" and "oh, I'm sure this is just an OVERSIGHT of some kind."

I'm by no means an expert regarding special education or IEPs, so if I'm completely off base here, someone chime in....but, I didn't realize there was any other type of GIEP not covered under state law. Otherwise I would assume it wouldn't be called an IEP. I agree an IEP based on giftedness can't be compared to an IEP based on a disability and GIEP's don't carry the same weight or follow the same rules as a disability IEP.

Luckily, our state "includes children who demonstrate characteristics of giftedness in the special education laws and regulations" and therefore qualify for an IEP. It is all about showing a "need". A child can be gifted, but not "need" any special services same as a child can have a disability, but not "need" any services.

Now IDEA is a totally different beast and does not pertain to a child that is solely gifted without a disability. FAPE is also hard to use with a solely gifted child since "appropriate" is so hard to define and "educational progress" can be shown in many ways.

If Sweetie's son has a "signed, sealed, delivered" GIEP and school is ignoring what was agreed upon by all interested parties, then how can they not be in violation? It is an issue of due process (if the state allows due process for gifted). If school won't or can't follow the GIEP then they need to call the IEP team back together and work it out, but they can't just not follow the IEP!

Sweetie - I think you are handling this in the right way...a meeting with school to find out what is going on and see what can be done to fix this snafu. Let us know how things go!

Eh, didn't go well. Going to figure out next move over the weekend. It is complicated.

I'm so sorry the meeting didn't go well Sweetie.

Good luck strategizing your next step - share with us if you feel like it.

polarbear

Sorry the school isn't holding up their end of the bargain.

Keep us posted!

How old is your child? I wouldn't be happy that the child was told not me (unless we are talking about an older kid). You may not have a legal case but if the school agreed to something in writing there is contract which shouldn't be voided without discussion.

Okay...I am not steaming mad anymore and things are on the right path so I can fill you all in.

So, this week the new principal told me no my son couldn't accelerate to the next grade math. He ONLY got an 82% and an 85% on two pretests for 3rd grade level math...even though he completed 3rd grade level math last year (with his 2nd grade teacher last year). My thoughts were...if you give the kids actually in 4th grade the 3rd grade pretest...how many of them would get 82% and 85%? Or would they be perfect? I am sure there is a 15% of the stuff that the kids have to be retaught. I am willing to analyze the pretest and fill in any gaps he has.

I went and talked to his last year's teacher today and she sent me to the district level gifted person. I had a discussion with the gifted coordinator over the phone this afternoon. I gave her his IQ score (they are not kept in the computer so she doesn't have access to them unless she is looking at his physical cum folder) and a Woodcock Johnson set of scores (which was done by outside testing and isn't in his cum) and I gave her all the details of the situation.

This person said that the previous decision was not correct and we need to fix it. The actual cutoff is 80% I don't know what score the principal actually wanted, 90%? 100%? And a few other things that she noted are wrong with his situation (he is not being served at all by a gifted endorsed teacher). SO, she is calling another meeting where she will be there. On the table is fixing it so he can get the next level of math and possibly a whole grade skip will be discussed.

I hope I don't become enemy number one of the principal for going to the gifted coordinator. But if I don't seek out the right education for my son, who will?

Here is how that all played out. She handed him the 3rd grade math book and he said this isn't the right book for me I need the 4th grade book. I am supposed to go to a fourth grade classroom for math. She said "that didn't work out and you are not going." Then she said a bit later..."you are doing different parts of this book because it has some higher level stuff." Then she gave him a "getting to know your textbook" worksheet and one question was...after looking at the table of contents, what lessons/topics in this book look easy?" My son replied "all of it because I have already DONE it."

So, no, she didn't really come out and say...we are ignoring the GIEP (which I have just learned is actually called an EP here in FL and is part of the ESE umbrella under state law but a separate category with its own laws). But what she did say was in fact ignoring the EP which says in the discussion notes...

Teacher and parent met to update the EP. Teacher shared that student completed 3rd grade math (we put that there because there is no place that shows he did that on his report card...it just says "A" for a grade and then Above level but it is on his 2nd grade report card). Parent concerned that student will be discouraged if he has to repeat 3rd grade curriculum.

And then on the math page in the "needs" area it says a need exists to enrich and accelerate student's curriculum in math per above grade level performance on district and classroom assessments. (bold is my added emphasis and the whole reason we met was to add that word to the EP...I just knew this was going to happen with a new principal and widespread changes that were in the wind at the end of the year)

And if that is not horrifying enough (I am kidding here a bit, but not really) over the summer they changed the school color from one color to another and the mascot without so much as asking us. What if we really are attached to the color and the cute mascot? Our first SAC committee meeting is coming up I am sure that people will be up in ARMS about those two things only coming in second to the yearly first meeting rant about car pick up/drop off line.

I have a feeling we will be like the Auburn Tigers/War Eagles and end up with a bunch of people who refuse to give up our original mascot and years from now people will say "why do you have two mascots?" and there will be no answer.

I would say academics are more important than colours and mascots but changing colours and mascots without consultation doesn't exactly scream "we consider ourselves part of a team in educating your kids" does it? It is more the "we know best so don't worry your pretty little heads" approach to governance.

Right, it is an indicator or pattern. If I were asked I would have said no don't change the mascot but I don't care about the color change, go for it. I just can't wait to sit back and see the fall out. Changing the mascot and color isn't going to make it an A graded school.

I'll let you all know final out come.

I'd definitely go in with a list in STRICT priority order-- assume that you may only get to discuss items 1-2 or maybe 1-3 on that list.

Had a meeting with a different administrator and love her.

She listened to all the facts and wrote it all down. Asked what I was looking for to resolve the matter. Seemed to appreciate the needs of PG students and asked good questions and said we would talk again at the latest on Thursday.

Final resolution but still a few details to be worked out...

Permission has now been finalized that he will accelerate to 4th grade math. Logistics do not allow for him to actually go to the 4th grade to take the class. So the next best thing is that he will take a FLVirtual class for 4th grade math. There are two providers one being k12 and one being a provider I have never heard of (not connections). I am going to be given a preview access to both and we will chose the one that best fits my son. I have had experience with k12 before but they are ever evolving and my older son used them in 2006 and 2007 for 1st and 2nd grade...so I don't expect it to be the same so I will need to look at it.

We will sit down as a team and draw up a new Education Plan with the details of this class and who is responsible for what. Also he will take the 3rd grade FCAT so there might be a break right before that for him to review for that (or it might be possible that they do one FCAT practice problem per day and it might be he participates in THAT and then heads to his computer to take his online class. Also he said the teacher will analyze his 3rd grade pretest and make a list of the questions he missed and fill those gaps.

I am happy with this solution because the only other option appears to be whole grade skip. There are two objections I have to whole grade...one 4th graders take the FCAT Writing portion and he is definitely not there yet and two he is in a special program and he would lose out on a whole year of the special program if he did that (dual language where he gets half his content in Spanish). Also, with this option he really and truly can go at his own pace. And I asked the lady who is giving me preview access and will ask again in writing at our next meeting that if he completes this, can he start in on 5th (within reason if it is near the end of the school year no point) but I want to make sure there is no rule about ONE year ONE class.

So what was the turn around? I think another meeting with the Vice Principal where all the details came out in a nice orderly fashion. And then the principal pulled him this morning to his office and gave him the 4th grade pretest (he had 82% and 85% on 3rd grade pretest) and he got a 74% on the 4th grade pretest. As he sat and worked on it the principal was impressed just with him as a student and his focus. And his STAR (the AR people at Renaissance Learning, not another test that is a California test) Math score gave a grade placement (not grade equivalent) of 7th grade (which you take as a grain of salt but still that is more than impressive) That plus is IQ score and WJ Broad Math score I think was finally enough data. And now EVERYONE is on board. So woohoo for persistent advocacy.

Great news; bravo on the successful advocacy!

Well done - but why does it have to be so hard?

I think the glitch was principal change over the summer. I knew it was going to be a hurdle but had hoped he wouldn't oppose it. Now that he has all the facts he is on board.