I hope everyone had an amazing Thanksgiving and enjoyed time with their friends and family.  I’ve got to be honest with the holiday and one kid coming down with mono I’ve been a bit behind on doing my research for our upcoming IEP meeting.

And the big day was supposed to be today!  YIKES!!

I’ve just requested an extension but in the meantime here’s where I’m at:

Last week I described what was going on with our IEP process.  My biggest concern at the moment is Pickles’ executive functioning skills and how this will play out into junior high and beyond.  This week I’ve dove deeper into Wrightslaw.  An amazing resource that you need to check out if you haven’t done so already. (I purchased their Second Edition Law ebook and I’ve only made it to the 4th of 12 chapters)

Here are a few things that have stood out for me:

1. The mission statement of the Individuals with Disabilities Education Act (IDEA) is, “. . . to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living . . . [and] to ensure that the rights of children with disabilities and parents of such children are protected . . .”
   • Preparing them for further education should include transitioning into upper grades.
2. After reviewing 2 court notable cases for special education in the 1970s Congress wrote, “Parents of handicapped children all too frequently are not able to advocate the rights of their children because they have been erroneously led to believe that their children will not be able to lead meaningful lives . . . . It should not . . . be necessary for parents throughout the country to continue utilizing the courts to assure themselves a remedy ”
   • It’s interesting and disheartening to note that generations of parents before me have had to take their fight up to the highest level of our judicial system.
3. Under IDEA a child with a disability is defined as “not automatically eligible for special education and related services under IDEA. The key phrase is “who, by reason thereof, needs special education and related services.” Does the child’s disability adversely affect educational performance? To be eligible for a free, appropriate public education under the IDEA, the child must meet both criteria.  If a child has a disability but does not need “special education and related services,” the child will not be eligible under IDEA but may be eligible for protections under Section 504 of the Rehabilitation Act.
   • I need to find a special education related service to meet the needs of my daughter in order to justify her IEP.
4. I’ve spoken with friends that are both general education and special education teachers.  While they understand my concern for lagging executive function skills moving forward, nobody has the secret sauce for securing her IEP.
   • Do I just sign and agree to move to a 504?  I haven’t given up hope but I’m definitely feeling frustrated.

Anyone else out there have advice on how to keep an IEP?

I’m feeling a bit like Dorthy right now.  Lost and scared about the journey I am on.  Which path should I choose?

I am at a crossroad with the education plan for my daughter.  As many of you know Pickles is diagnosed with ADHD but speech articulation delays qualified her for an IEP at her elementary school.  About a month ago I received a call from her speech teacher informing me that Pickles had met all of her speech goals.  Seems like a reason for celebration right?

Wrong!  Of course, I’m thrilled that her language skills have improved (she no longer sounds like she comes from the East Coast).  Her speech IEP created a legal document with the school district to provide services to improve her speech and accommodations for her ADHD.  Unfortunately, now that her speech services are ending this agreement will terminate.

“What about a 504?”  This is the question I hear over and over.  Section 504 of the Rehabilitation Act of 1973 focuses on accommodations, modifications, services, and improved building accessibility to provide access to education.  Section 504 does not require public schools to provide an educational program that is individualized to meet the needs of a disabled child with the goal of enabling the child to become independent and self-sufficient. A Section 504 Plan does not have the protections that are available to the child who has an IEP.

In other words, a 504 will provide the accommodations we currently have in place with her IEP.   It doesn’t set up a system of checks and balances that will ensure these accommodations lead to a successful future for my daughter.

Two years ago when I was faced with the same decision (speech services ending and the school wanting to move to a 504) I signed the paperwork without a second thought.  Now that I know more I’m questioning this decision.  I don’t want to make the wrong one!

The problem is she is having a great school year.  She has friends, her grades are good and she was just nominated the student of the month by her teacher.  I know this is a good problem to have….but I can’t help but see the irony that she has to be failing before special education law/reform identify the need to keep services in place.

I’m in the early phases of educating myself on the nuances of all of this.  I’ve already spent several hours reading up on special education law.  It is my hope that I can break this down in a way that is easy (or a little less intimidating) for all of us to understand.  “Toto, I don’t think we are in Kansas anymore.”

What are your experiences with IEPs and 504s?  Please share in the comments below.