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ADHD and Sports

IEP Rights
Keywords:


My daughter has an IEP eligibility for speech only but due to her ADHD, sensory processing and below grade level math scores her IEP states she will receive social work and OT minutes and there is a statement on the first page that states under Other:
extra help in math from para, she was receiving this help last year and start of this school year but then the principal called and said due to the number of kids who need and have minutes for math, my daughter can no longer receive any math intervention and quickly ended in a couple of days ago. An IEP meeting today did not resolve this, the special ed math teacher offered to tutor Ella after school but I said great but want her extra help with para to continue in school day they said they don’t have a para, can they ignore the statement on the IEP?
she does not have math minutes and she doesn’t qualify for them….

Replies

NO!!!! They can not ignore the statement on the IEP!!! And you can fight that. It is against the law under the American with Disability Act. They have to follow the IEP word for word or they can be prosecuted.
My son has an IEP for both his ADHD and a reading disability. I did a lot of research on it. I wanted to make sure his school was followed it word for word. Thankfully his school is amazing and has even made changes to it to help him with his writing too.

Posted by NLespier on Sep 21, 2016 at 8:19pm

They have to remove that statement in the IEP to legally remove that help I would think. Although, if it’s not in the accommodations section and it’s not listed on her services in the IEP, then they probably can revoke it.

The thing is, budget and staff issues CANNOT have any weight in IEP and special services decisions. The IDEA law clearly states that.

If you feel she needs special services for math, you’ll probably have to request another evaluation, and specifically request math testing. (sample letter here: http://www.additudemag.com/adhd/article/792.html).

Here’s more help on when schools don’t follow the IEP:
http://www.additudemag.com/adhd/article/8124.html
http://www.additudemag.com/adhd/article/8946.html

Penny
ADDconnect Moderator, Author on Parenting ADHD, Mom to teen boy with ADHD, LDs, and autism

Posted by adhdmomma on Sep 22, 2016 at 1:20pm

Thanks. The meeting yesterday was to reevaluate and they denied the request because she is 3/4 of a year behind they say that’s not enough to qualify her for any special ed. and Penny you are correct the statement does not appear under the Accommodations section or a service but she does have a list of 25 accommodations including:

Give direction in small distinct steps
Provide alternate assignment/strategy when demands of class conflict with student capabilities
Presentation of learning material in small group
Avoid time activities
Teach to student’s learning style
Pre-teach vocabulary

Do you think I have any legal case with the above accommodations? I mean what about small group? They aren’t doing that for her.

She was receiving math help from the special ed teacher all last year and first month of school and they have told me that it was suddenly revoked because sp ed teacher has too many others students now that have required IEP minutes and so caseload is too large, I asked for a para but they said there is no teacher aid available because she is having to work with the overflow of students who also have required minutes. If I told them budget/staff cannot have any weight they would just say my daughter doesn’t have required minutes. The school system is in very much debt and has a bad rep for not supporting sp needs kids.

Posted by Needhelp17 on Sep 22, 2016 at 2:44pm

This site may help you. http://www.wrightslaw.com/info/iep.replace.services.crabtree.htm

If you have to get outside help to get your daughter evaluated (yes it can be expensive, but most insurance companies cover it). My husband and I had to get my son’s psycho educational testing done on our own because the school psychologist is a flake and honestly didn’t know what she was doing when she tested him. The psychologist that we hired found that my son has extreme ADHD (attention) and a bad reading disability. He was on a Form504 for 2 years and now finally after having him tested he has an IEP. We’ve even had changed made to it and he’s only been in school for 2 months. And in those first 2 months of school his reading has gotten SO much better because of them following his IEP.

Did they deny the request to have the IEP reevaluated?

Nina
Mom of 10 year old boy with ADHD

Posted by NLespier on Sep 22, 2016 at 5:36pm

yes they denied the request. I am now fighting for her accommodations because they aren’t doing this one:

Presentation of learning material in small group

Posted by Needhelp17 on Sep 22, 2016 at 6:14pm

Grades and distance behind ruberic/grade level are not the only measures to qualify for IEP. In fact, they shouldn’t be measures for this at all. This denial based on these items is all too common, sadly.

The evaluation is to see if she has a learning disability in math. That’s possible without being a full grade level behind.

My son was denied SPED in 1st grade. By 3rd grade, his special needs were undeniable. It’s unfortunate, but sometimes there has to be a very large gap for schools to take notice and act.

I would reach out to a local advocate and ask what they think about this. I think they should do a new evaluation based on your request.

Penny
ADDconnect Moderator, Author on Parenting ADHD, Mom to teen boy with ADHD, LDs, and autism

Posted by adhdmomma on Sep 23, 2016 at 1:40pm

By law, every state has to have a parent advocacy group…and I’d suggest that you turn there next.  I’m not sure where you live or what it’s called, that varies by state. In NJ, it’s the Statewide Parent Advocacy Network (SPAN) and the site is:

http://www.spanadvocacy.org/

But the best part isn’t really the online resources. It’s the “warm line”. It’s like a hotline, but you leave your info and wait a few days for a return call…and the person who calls has a wealth of knowledge and dedicates time to your unique situation.  I’m guessing (hoping) that every state does this! 

Using the federally mandated advocates as a sounding board is a great way to know when you’re asking for too much, when your child’s needs aren’t legally met and should be - and also what steps to take next.

Wrightslaw is great, but I needed some further help as the school circumvented issues based on the same that you’re facing - the gap just wasn’t wide enough.  We went the 504 Plan route and that’s been tremendous for us - but when that was about to be altered by the school, the advocates (volunteers - this is free) told me how to stand firm. Totally worked!!

Good Luck! You know what your child needs - she attends that school for a few years but she’s yours forever.  Don’t fight - prepare! Then stay the course so she’ll have what she needs to learn.  I know how hard this is but it’s worth it!

Posted by aveline on Sep 29, 2016 at 2:10pm

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