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My son is ending his Kindergarten year this month, it has been a rocky start as expected. Had to switch rooms after severe behavior problems and 6 months later it has started again. He was evaluated by the district for Special Educations Service and was denied an IEP. Their reasoning was he is performing at grade level. I am green, I verbally agreed that a 504 seemed sufficient.As behaviors have worsened, I have requested a Functional Behavior Assesement, the school is draggin it's feet(big surprise) Am I allowed to request this since a 504 is not Special Education services???? In reality I want to request an Independent Educational Evaluation, but don't know I if can since it is 3 months later. Keeping in mind that they say they sent the 504 home with my Kindergartner in February, but I did not get and as I thought they had the 51 school days to return it to me completed, I waited to ask about it. So I have just received it and nothing we discussed in the CCC is on the 504, in fact the only thing it lists is extra time for tests! A Kindergartner could have put it together! Is it too late for me to request the IEE?? Even though I never signed the IEP???IF they deny my request(Has anyone ever been denied and had to go to legal or mediation???) do I then have to hire a lawyer to appeal? PLEASE IF YOU HAVE ANSWERS, PLEASE PLEASE RESPOND
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It is never too late to request. At any time they can retest them at your request. I was super nervous about the Queen getting an IEP or even qualifying for a 504. However, I found a psychologist to do an outside assessment last August. She started the school year (Kinder) with a 504 within the first 2 weeks of seeing the report from the psychologist. Then the school started testing her on their own. While the Principal was adamant on the 2nd day of school my child would not be receiving any services, the school psychologist saw all that I had been doing for my child and become my advocate. She made sure my daughter qualified for an IEP. She had the back-up data she needed from the independent study. Thus, if you can get an independent party to assess him, they have to use that information. You have the right to take anyone to a 504 or IEP meeting. Pay the psychologist if you get an outside evaluation.
if you did not yet, please request the FuBA in writing. address it to the counselor, the principal, and the diagnostician if you know the names. they have 30 days to respond to your written request. this doesn't mean they'll agree--it just puts a limit on how long they can drag their feet.
if it wasn't part of the original diagnostic stuff, then they might honor it. testing is expensive and they only like to do it about every 2-3 years. that tends to coincide with transitional years when kids are changing schools as they move up.
based on what you've said here, it sounds like the only thing they looked at in the past was intellectual functioning. performing on grade level only means he's academically capable of keeping up with the class. it's not the only kind of special. part of the problem may be that he doesn't meet the educational model for special education services. he may very well meet a medical model of definition of disability, but that's not what the schools are going to look for.
it's frustrating--BTDT with 4 kids. one has bipolar, but since he wasn't cycling at school (which he was), it took from the time he manifested at 8 until he was 14 to get him identified as having a disability at school. two of them have suspected brain issues from alcohol exposure. they meet the medical model, not the educational one. one, a foster kid, had major medical issues that resulted in serious delays as well as behavioral stuff. i was told at his ARD that on paper he is definitely autistic, but in person, not so much. and he didn't qualify.
i wish you all kinds of luck. and one other suggestion--look online to find a kids' advocacy service. you might have to pay, but they'll know the things to say and do to help him receive needed services.
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Since he's in Kindergarten he may qualify later if his behaviors start to affect his learning. To qualify for the IEP they have to have a learning disability as well as a physical or mental disability. At that age it is early for mental diagnosis and if he tested at a normal grade level then he will not need the IEP yet. He sounds like he needs counseling services right now. The 504 is a one page version of the IEP.
Professionally if he is at Grade Level. I do not think he Qualifies for Special Ed??
I would question also why the school district is dragging their feet because in California.
Policy is If the School District can not provide Services. Then they are responsible for Education elsewhere Financially?