IEP Violation - New school problems

[Winnie Pooh Fan]

Hi everyone

My DS has ADHD and has a lot of social issues..... One DR thought he may have Aspergers but he hasn't been diagnosed. His initial diagnosis was 7 years ago (2nd grade). Change is always tough and his first year of middle school was hard but the last 2 were much better

He just started high school and well things aren't going well. I met with his IEP teach in the spring before school started and she was aware of his issues. However, I received a phone call last week that he is struggling in his regular classes. And yesterday I received a mid term note that he is having a difficult time with attention and tests in gym of all clases I asked DS and he said that his gym teacher would not allow him to go to his IEP teacher to take the test because he didn't have his planner. Well of course he didn't.... it was gym class they don't take the planner to gym class So he got a really bad grade and is in jepardy of failing gym.... What a fantastic start to the new year

I have a DR appointment for DS on Monday to discuss his current meds as he grew a ton over the summer and it hasn't been changed in over a year. I'm hoping that helps but I need advise. How would you handle the school issue? His gym teacher clearly violated his IEP which states that he is given extra time and takes the tests with his IEP teacher...Would you request that he retake the test or would you let it go since he is having so many problems at school right now????

Thanks for the help! He was doing so well last year and I'm really worried about this as it is just the start of high school

 

[bookwormde]

I would definitely have the school invalidate the test and then decide if it is appropriate to retake it. Get everything in writing. The gym teacher is required to be familiar with his IEP so there is no excuse for not following it, planner or no planner.

In the bigger picture, if he has significant social skills deficits then what he is exhibiting is likely EF issues not typical attention deficit issues.

An evaluation by a clinician who has a major portion of their practice with autism spectrum children (and a significant number of Aspergers children) would be in order at this time.

If he does have a number of spectrum characteristics then it is very common for transitions to be exceptionally difficult.

bookwormde

 

[Luv Bunnies]

Yes, I would request that he be allowed to retake the test with his IEP teacher if that is what is written in the IEP. I've learned that you cannot allow the school to violate your child's IEP for any reason. If you give them an inch, they will take a mile! Our son's IEP was violated on many occasions. Make sure you document each time you feel the IEP is out of compliance. This information might be useful at a later time. We ended up hiring a special ed attorney. The first thing I did was hand her a huge stack of e-mail exchanges with our son's teachers and special ed staff. I highlighted every instance where we had an issue to make it easier for the attorney to read through. We ended up with a specialized private school placement for our son on the district's dime. The documentation played a huge role in getting our son's needs met. Good luck!

 

[Schmeck]

Also make sure that the gym 'teach' (you mean teacher, right?) has actually received a copy of the IEP. If the teacher responsible for implementing the IEP has not distributed the IEPs to all of your son's teachers, then it's not the gym teacher's fault.

Also, what kind of 'test' are they giving in gym? Is it a paper/pencil type of test, or a test to show how to use certain equipment, etc?

So, before you go in make sure you know the exact details of what happened, because to accuse the school of not following the IEP makes it a legal issue, and that's a really big step to take. You don't want to go there by mistake.

 

[Winnie Pooh Fan]

Also make sure that the gym 'teach' (you mean teacher, right?) has actually received a copy of the IEP. If the teacher responsible for implementing the IEP has not distributed the IEPs to all of your son's teachers, then it's not the gym teacher's fault.

Also, what kind of 'test' are they giving in gym? Is it a paper/pencil type of test, or a test to show how to use certain equipment, etc?

So, before you go in make sure you know the exact details of what happened, because to accuse the school of not following the IEP makes it a legal issue, and that's a really big step to take. You don't want to go there by mistake.

Yes, I meant teacher thanks for the catch.... Just writing about DS's problems is tough

The test given in gym is the traditional "paper/pencil test" over the rules of the activity. In this case it was swimming so over the differnt stroke types, rescue activities, ect. It was done with no notice on a rain day. DS has problems with reading/writing/spelling so that is the reason for taking the test with the IEP teacher.

I know I need to discuss the test with his IEP teacher but I'd really hoped that DS would've had an easier transition this year

 

[Winnie Pooh Fan]

I would definitely have the school invalidate the test and then decide if it is appropriate to retake it. Get everything in writing. The gym teacher is required to be familiar with his IEP so there is no excuse for not following it, planner or no planner.

In the bigger picture, if he has significant social skills deficits then what he is exhibiting is likely EF issues not typical attention deficit issues.

An evaluation by a clinician who has a major portion of their practice with autism spectrum children (and a significant number of Aspergers children) would be in order at this time.

If he does have a number of spectrum characteristics then it is very common for transitions to be exceptionally difficult.

bookwormde

Is the treatment for Asp different from ADHD???? His old DR (moved away) brought it up as a possibility but never gave suggestions for following up on it. If the treatment is no different should we even try to have it diagnosed? I worry about his future with that type of diagnosis.

 

[Goofyluver]

I'm a speech therapist and have worked in sped for years.

If they did not follow his modifications included on his IEP, then he absolutely has the right to take the test over. The modifications are meant for all classes.

It is absolutely the responsibility of the case manager (and I've been one of those for years) to ensure that all teachers are informed of the modifications for the child.

If he is having a difficult time in his classes outside of the sped setting, maybe other modifications are necessary for him to be successful in there as well. We can't let our kids fail. It causes them MORE stress on top of their already stressful educational environment. When school is hard...we shouldn't make it harder for them.

Good luck. Talk with the case manager. Let them know you're concerns. And I hope things are taken care of for you honey.

 

[bookwormde]

Yes the treatments are completely different. Then typical medications are mostly contra-indicated and when used are only used when for limited periods of time under close monitoring for anxiety and the associated co morbidities.

In the school environment (and home) there is a broad set of accommodations and non-academic curriculum items for addressing the non-linear/non discriminatory EF system of spectrum children. At the core needs of most spectrum characteristic children is for being intellectually taught social skill and Theory of Mind and having these skills generalized into the school environment.

The good news is that if a child is Aspergers or HFA with these supports major progress can be accomplished and they are not committed to a lifetime of medications with extremely serious potential side effects.

bookwormde

 

[Winnie Pooh Fan]

Thank you all for your comments and support

DS had his DRs apt today. He has grown a lot since the last med change so the DR changed his dosage and wants to see him again in 2 wks to see if there have been any behavior changes. We also discussed the possibility of counseling to help with the social immaturity. His take is that DS social issues are most likely a continued carryover from his premature birth and that counseling and role play may help him improve in the social area. The current plan is to wait the 2 wks to see if the meds help and then continue other avenues.

I decided to go ahead and speak to his IEP teacher about his gym class tests. Apparently his gym teacher is VERY set in "school rules" of requiring a planner to leave the room. I said that the planner should NEVER be used as an excuse to not follow his IEP. I also said that I want him to be allowed to retake the tests in the IEP room or I would be requesting intervention. She completely agreed that the teacher violated his IEP (she is fully aware of the situation just set in her ways) and that she will do what is needed.

I told her that I am very concerned with DS getting off on the right foot in high school and that I would like to work with her to make sure this happens. She seemed to be on the "same page" so I have hope