IEP, Evals, and Advocacy

Dt: 06-Feb-94 19:30:57
Sb: IEP, Evals, Advocacy
Fm: Pete and Pam Wright 75116,364
To: Steven J. Foust (ScanOp) 70632,3177  

You do not need an attorneyy yet, and don't mention lawyers to school personnel, the case will become polarized needlessly!

You do need however, to go on an educational course quickly. Call the Learning Disabilities Association of America, (412-341-1515), and request that they send you their "Literature Inventory" and see if you can order from them at that time "How to Write an IEP" by John Arena (ISBN Number 0-87879-872-2). It is published by Academic Therapy (20 Commercial Blvd, Novato, CA 94949). See page 33 and also see my reference to the Federal Regs Appendix C in my lengthy Carter analysis.

You also need the Learning Disabilities Workbook from the Learning Disabilities Council (804/748-5012). It is required reading for my clients, when they read it they learn tests, measurements, IEP, legal issues and it saves me time and them, money.

Steve, sad to say for you, that your set of facts are very familiar to me and similar to those initially presented to Mr. and Mrs. Carter in 1983 and 85. In most of my cases, the facts and issues remain the same, only the names and dates of birth change. Yours is a pretty similar case and actually pretty easy to fix, if you do your homework and don't get into a battle posture prematurely.

You are focusing on the proper issues, what about your son's reading riting and rithmetic! We know from his scores that in the areas that measure true intellectual horsepower, your son is probably at the 60 to 65 percentile rank. (Looking at the information, similarities and arithmetic IQ subtest scores -- however there could be a fair amount of fluctuation.) We also know his freedom from distractibility score, i.e., distractibility score is at the 25% level despite an IQ at the 50-55% level and yet the processing speed is at the 90% level, and digit span at the five to ten percent level, in other words, a fair amount of subtest scatter, very indicative of learning disability characteristics. I'll bet he also has problems with pen to paper, handwriting atrocious, you didn't say that, although the Kaufman scores suggest that. There is a lot of scatter on the Kaufman and Detroit.

Recommendations: Go to an educational diagnostician in the private sector and get more extensive educational testing. Give the evaluator the scores you provided to us. Thoughts as to additional tests may be the Woodcock Johnson Psycho-Educational Battery (WJPEB), Gray Oral (not sure of age range for that test,) Slingerland, and the Test of Written Language and Test of Reading Comprehension (TOWL and TORC, again, not sure of age range). To obtain a private sector educational evaluation, perhaps the Orton Dyslexia Society (410/296-0232 -- use my name) may be able to give you the name of someone in your home town who is a skilled educational diagnostician.

Organize your son's file, chart out the scores as you have done, understand the statistical significance of them, and don't let the school officials suggest that he is not eligible for special ed services and certainly don't let them suggest that a 504 plan might be appropriate. If his characteristics are adversely affecting educational performance, then 504 is not appropriate and 94-142 is. More info re: them is in the Law Library, section 16.

(To Ginsu or anothor Sysop, would it be helpful to other parents to also post this message in the Law Library message thread or a file or simply transferring this over. Although parents with Steve's problem may well check out both Sections.)

Pete Wright
Attorney at Law

Dt: 06-Feb-94 21:32:42
Sb: #61890-IEP, Evals, Advocacy
Fm: Steven J. Foust (ScanOp) 70632,3177  

Pete,

Mainly because of my own specialty area (computers), there's a few problems with the description you gave me (although overall, it is great):

Organize your son's file, chart out the scores as you have done, understand the statistical significance of them, and don't let the school officials suggest that he is not eligible for special ed services and certainly don't let them suggest that a 504 plan might be appropriate. If his characteristics are adversely affecting educational performance, then 504 is not appropriate and 94-142 is. More info re: them is in the Law Library, section 16.

You totally lost me. What is a 504 plan vs. 94-142? What are you speaking of? Is 504 the section of code which allows them to simply give him so-so speech therapy and self-image improvement (which is what it seems they're concentrating on)?

Yours is a pretty similar case and actually pretty easy to fix, if you do your homework and don't get into a battle posture prematurely.

I've learned thru the years how to look like I'm plodding along. I did plan on asking the school psych why he didn't use the WJPEB, as you're not the only one who's asked (it may have been your wife who also asked, I don't remember).

We'll also check into an independent evaluation if we can. Doesn't the school have to pay for that in the long run if they are proven to be in error?

Dt: 08-Feb-94 05:40:13
Sb: #IEP, Evals, Advocacy
Fm: Pete and Pam Wright 75116,364
To: Steven J. Foust (ScanOp) 70632,3177  

You *totally* lost me. What is a 504 plan vs. 94-142? What are you speaking of? Is 504 the section of code which allows them to simply give him so-so speech therapy and self-image improvement (which is what it seems they're concentrating on)

A few years ago, this was pretty easy to understand. Schools said ADD was a medical condition that did not adversely affect educational performance, thus no obligation to provide any appropriate special ed services pursuant to the special ed law -- Public Law 94-142. Advocates said then, if a medical condition, you are discriminating (Section 504 of Rehab Act) against the child with a medical condition and denying access to an education, and perhaps child should be classified as special ed under label of "other health impaired."

Needless to say, the two key words are substantially different! An appropriate special education also provides access, but access to public education may not necessarily be appropriate and designed to meet the unique needs of the child in an individualized program from which the child will show educational benefit, which is what a free appropriate public education (FAPE) is supposed to do.

This is an area of fast developing law and the regular special ed law, 94-142 provides far more benefits than 504, the anti-discrimination law. One is affirmatively oriented toward education, the other is oriented toward anti-discrimination. However, if a child is eligible under 94-142, then he is also considered entitled to the rights under 504, but the converse is not true. So far I have not had an ADD case where I could not also show written language, auditory processing, or other deficits that would qualify the child for much greater protections under the 94-142 label of LD rather than a 504 label. Once entitled to special ed services, the label becomes less significant and programming becomes primary, in other words, the IEP. Most state Department of Education agencies and Protection and Advocacy Offices (also known as Department of Rights for the Disabled) have published articles dealing with special ed, 504, parents rights, etc. and a quick call to the state offices of each agency should bring a wealth of data. Ask for anything clarifying the difference between 504 and regular special ed. Upon understanding it you will see why I have such strong feelings!

I have mailed to you, by the old fashioned way, an excellent analysis of 504 v. 94-142, by the VA Department of Rights for the Disabled.

If anyone else would like a copy, call the VA P&A office and ask for the 504/94-142 article written by Steve Waldron, MSW, entitled IDEA v. 504. It is excellent! So that my friends down there won't be too upset with me, tell them Pete Wright sent you and you have been hearing about it coast to coast! Their number is 804/225-2042.

I will prepare a short outline / explanation of the various laws; however, getting something like that into a short form is kinda like trying to explain the history, purpose, and completion of the IRS 1040 form and what the interface is w/a Sched C, if you have a SEP/IRA, from the beginning to the end.

Pete Wright
Attorney at Law

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Last Modified: Thursday, October 02, 1997 9:34:45 PM