Gifted Issues Discussion homepage Forums Learning Environments DOE evaluation/ getting services

A few weeks ago I posted about my disastrous homeschooling experience with my 8yo son, who is defiant and quite obsessive and whose interests seem to be narrowing. I believe he has a specific learning disability (as a result of brain inflammation due to an autoimmune condition) that makes everything harder.

So I requested an special ed evaluation from the DOE (big NYC bureaucracy)-- overall a very smooth experience-- nice school psychologist lady takes him into a room, I sit down for a brief interview with their social worker and then wait for my son.

She comes out after a couple of hours, gushing that he is the most amazing child she has ever seen, funny, charming, and delightful in every way, and whatever I am doing [which, mind you, is... NOTHING!] is obviously working. She even showed me the achievement scores on the spot: broad reading was grade 10, broad math was grade 7.

So I'm not getting any special ed services, am I? I ask. (I was hoping the DOE could send a tutor)
Nope, she says.
Can I get a letter from your office stating he needs to go into the 5th grade or something, instead of 3rd?
Nope, sorry.

So I walked out feeling good, since we haven't done a lick of schoolwork in many many weeks and it's reassuring to know he isn't "falling behind," but... what am I supposed to do with this kid? Our family needs HELP.

Also, it was a bit surprising, I had heard these evaluations were quite thorough and the testers were very experienced, very good at finding hidden problems... if anything I've been afraid to let these testers "label" my child. Ha.

I will be offered a formal meeting in a few weeks to go over the results of the evaluation... any ideas on how I can legally compel them to view either my son's autoimmune condition (which makes germy schools quite dangerous) OR his giftedness as a "special need" that they are required to meet?

I am not in NY state. However, I had a child home with tutoring services from the district due to medical conditions. In our district, you need a physician's certification that your child cannot be in the regular school environment. When it is an immune issue, it is rather obvious since they don't want to kill your child -- the liability would be tremendous. However, depending on the language of your district policy, it may be sufficient that your child cannot function in a regular school environment. I would start with the district and state websites to get contact info and policy documents. There should be some kind of standardized forms for you to forward to your child's doctor.

Do you have an option for something like a state funded online school? That would at least provide you with a teacher he can check in with for assignments rather than it being solely you to defy. FWIW, my dd10 is a lovely compliant individual with everyone but family as well.

Federal special ed law (called IDEA) gives you the right to request an independent evaluation from the evaluator of your choice (as long as they have the proper credentials) at the district expense if you disagree with the evaluation for any reason. You do not have to state why you disagree.

Typically, private evaluations are more comprehensive and diagnostic than school evaluations. Schools have an inherent bias against finding issues and making strong recommendations. Sometimes, a private evaluation can shed more light. One caution - districts need only to "consider" outside evaluations. And considering is defined differently from school to school. Some thing that merely reading the report and casting it aside is enough. However, your best chance of getting some help and understanding your child's needs and profile will come with a good independent evaluation by an experienced neuropsychologist.

To read more about independent evaluations and your rights under special ed law go to: http://www.wrightslaw.com/info/test.index.htm
http://www.ldonline.org/legalbriefs/c672/

You should also read your state's "procedural safeguards" which should explain any additional protections afforded by NY state. The district should have given you a written copy (this is the law) and it should be posted on the NY DOE website.

These are all great suggestions. Thanks!
I will definitely start researching to get prepared for this meeting-- identify an independent evaluator, get more documentation from our doctor (I do have a letter, which I already gave to the DOE, but I will try to get more), and try to talk to an advocate.

I am hoping I can be firm enough to simply insist on the tutor based on his immune deficiencies and that's that. I would honestly rather not do more evaluations right now (though I will if I have to)-- all I want is a trained teacher's help.

We are dealing with a similar situation. You definitely have my full sympathies.


It sounds as though you are hoping for "homebound" designation.

I'll warn you that even among very medically fragile children (far moreso than my own child), this is something like a holy grail in some districts. Not only that, but at most, a homebound designation may provide a tutor for.. um... well, a 'few hours' weekly seems to be considered quite generous by most public school districts. Ours averages 2 hours weekly. Have you looked into virtual charter schooling at all? That's why we turned to it, in the end; it was easily the best of a set of not-great options.


You will probably get nowhere arguing the academic side-- so work the medical side of things instead. As others note, if you hint about liability and the danger of the school environment, that MAY be sufficient, but not necessarily. Most school administrators have nightmares about having kids like mine (or yours, probably) under their duty of care... but getting them to admit this on paper is another matter.

Do you have a regular specialist physician who is willing to go to the mat with you re: IEP or 504 eligibility?

I'd do some reading at the Office of Civil Rights (federal DOE) and understand that your child qualifies by virtue of a hidden disability that limits his life activities of _______ and cannot be readily accommodated in a classroom setting (filled with other little germ-factories as they are).

Your physician should ideally write a letter for the school stating:

a) the nature of your child's medical condition and its reccommended management requirements,

b) that s/he understands the legal definition of disability (under section 504 or under IDEA)* and that in his/her specialist opinion, your child qualifies due to impairment of X, Y, an dZ life activities, and

c) that s/he considers YOU to be 'expert' in managing your child's needs.

That last one is important, because it establishes you as someone that the school needs to listen to.

* You may need to provide your physician with some supporting information so that s/he is comfortable with this statement. Many physicians are NOT familiar with the legal definitions, but they are readily available at OCR-- the rights of students with hidden disabilities, or at Wrightslaw.

Then tell the school/district in writing that you arwe requesting evaluation under IDEA/504, and bring your medical documentation to the meeting for eligibility. Be prepared for "accommodation" and plan-writing to follow in the same meeting if it goes well, and be prepared to walk away without anything decided if it does not.

Hugs to you-- I have a child that is singularly stubborn and nasty to us and positively beatific with others. <sigh> People wouldn't believe the little termagent she turns into when we try to make her do schoolwork she doesn't intend to 'waste her time' on. She, too, has no business being in a regular school building from a safety standpoint. On bad days, it can feel as though we're all imprisoned in a situation that none of us likes, and we have no other real options. So-- {{hugs}} to your family, bronxmom.