Expert: Tim Runner - 3/21/2011

Question
Dear Mr. Runner,

My 13 year old son Scott is autistic and is 7th grade in our local middle school. You and I had corresponded several months ago regarding his lack of progress towards his IEP goals.  I appreciated quick and accurate response to my questions.

We had discussed that since the school hasn't provided me with any sort of data or testing about my sons progress, the importance of the upcoming tri-annual review.

I received a letter in the mail for parental consent to perform the re evaluation.  There was a form that listed all the tests that could be implemented.  However, there was only one box checked - the speech language box.  Educational box was not checked, however review was written underneath.  The teacher said that this meant no testing was to be done, but  tests from the previous tri-annuals would be looked at, as well as what he is doing currently.  It also said to "review" psychological and sociocultural, but no testing would be performed.

Is it unusual for a school system to "review" educational records (and other records) instead of performing the actual tests?  Would I run into problems in the future if these tests were not done now?

In elementary school, I was disappointed that they implemented a different test at the second tri-annual review, than they had done 3 years earlier.  Therefore, I could not compare "apples to apples" to see if there was an improvement.

What I would like the school to do is perform the same test - the Piat test that Scott had when he exited elementary school.  This test had a certain score for reading, math etc.  This way I could compare the scores to determine progress.  Is it inappropriate for a parent to request a certain test?

I wouldn't feel the importance for this testing if the teacher had provided tests, or data or something other than a "feeling" that Scott was making progress in his class.  In general, how do special ed teachers "show" parents their child is making progress?  

I know that his class works a lot on a "VAAP porfolio" (the alternative to SOL's in VA), but the subjects that they are spending so much time on  are not Scott's IEP goals, so it doesn't seem like his program is individualized enough to meet his needs.

Thanks very much.

Sincerely,

Melissa Roy


Answer
Missey,

You should respond to the school district with a letter stating that you have consulted an Education Advocate who told you that they must run new assessments in all areas of disability as well as academic achievement and intelligence when conducting a Tri-annual review. It is impossible to use the academic achievement test results from three years ago. Hopefully your son has made significant progress in three years. It is also impossible to use old psychological test results. This is bogus and illegal.

If they refuse to do the testing called for under the law, you will have to consider filing for Due Process or filing a complaint with your state department of education. I recommend that you use an advocate if you are going to undertake either of these actions.

IEP Goals must be written so that the results can be measured. For example, a goal should read, "Student will add 10 two digit addition problems with 80% accuracy in 4 out of 5 trials." This can be measured and the results can be determined. A bad goal reads, "Student will do math problems at his level with 80% accuracy." What is his level? How many digits? Your son's IEP is probably filled with bad goals making it impossible to determine his progress beyond the opinion of his teacher. Bogus! The purpose of IEP goals is to focus the student's education on the subjects that will enable him/her to meet the goals, thus meeting their educational needs.

When I represent students, I make sure their goals are based on their standardized test scores (i.e. low math scores result in math goals). The goals must be measurable and well defined. I end up changing goals in the majority of IEPs for the students I represent. I can represent students anywhere in the U.S. by participating telepathically in IEPs -- the school sets up a speaker phone in the middle of the conference table for me. In some schools, I video conference into the meeting using Skype.

The first thing I do when I have a new client is to review his/her assessment results and their IEPs. From this review I can determine what is needed for the student in the next IEP. I can also see how good or bad the IEPs are.

I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@gmail.com
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com