Expert: Tim Runner - 8/16/2011

Question
QUESTION: My son has a diagnosis of spina bifida and hydrocephalus. He also has AGCC and arnold chairi II malformation. He has also shown signs of NVLD. He has been diagnosed with ADHD since kindergarten. The problem I'm having is the school is fighting me on his IEP. They keep telling me he is "lazy, capable of more and  manipulative. I have had a nueropsyche eval done two different times. Both agree with all the diagnosis. However, the school focuses on the ADHD and ignores the other issues. I believe because by looking at him you can't see them. They tell me they want him to become more independent and I shouldn't baby him so much. In the meantime... I'm watching him fall further and further behind while I'm going to school constantly and reinterating what he needs. The answer I usually get... he is capable of more and isn't putting his full effort forward. Today they had the nerve to tell me he may not qualify for an IEP this year. I'm wore out frustrated and at my wits end. He is too. Because things are so difficult for him and not getting the assistance he needs, he has distanced himself from it all and hates school. How do I go about getting the teachers and school personnel to see that it is not JUST ADHD and goes beyond that. That he is not just lazy!!! I have taken copies  of evaluations and print outs on NVLD on all of it. I don't think they take the time to read them or entertain the idea that it is deeper than ADHD and a defiant child. He is awesome, tries hard and likes to please. I don't understand them or how to get it through to them.
Any advise you could share would be great!!

ANSWER:  -- Jill,

You do not mention your son's scores on the standardized tests conducted by the school. These should give an indication of his being behind and justify his special education services. If the school is ignoring their own test results, then you should be able to point this out to them. The law clearly says that before a district can terminate an IEP they must show with standardized tests that the student no longer needs services AND that the student must meet all of his goals. It sounds like you have a very stubborn district.

I'm afraid that you may only have one alternative left to you and that is to file for Due Process. This is a costly and time consuming process. I recommend that you be represented by an experienced advocate. I believe that your case should be settled before going to hearing, but there are no promises. I have had districts go to hearing just because they don't want to admit they are wrong. I have been able to settle over 90% of the cases I file in Mediation so that we don't have to go to hearing. I have had many districts change their minds just because their is an advocate involved representing the student and the parent. I always start a new case by conducting a case review and sending the district a letter pointing out all the errors and illegal acts done by the district.

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


---------- FOLLOW-UP ----------

QUESTION: The school psychologist just told the special ed teacher that it would do no good to test him at school. He would just be doing the same series of test that the Doctor's at Nationwide Children's Hospital just did.
On the CVLT-C his rate of learning was low average range. Testing of non verbal skills showed weakness in spaital judgement, complex constructional skills and visual memory. Visuospatial judgement was below average on the NEPSY-2 arrows subtest and complex constructional skills were impaired on the Rey Osterrieth complex figure. Performance was low average on the Drexel Tower of London. So doesn't all this support my argument? I do not understand why they can't see past the ADHD. Do you think I would fair any better if I took in a parent advocate? My only problem there is, she apparently works for the board of education so I don't see her backing me up. I'm single mother and can not afford a due process. Thank you so much again for your time.
Jill

Answer
-- Jill

I support the use of advocates, but you have a unique situation. I suggest you ask her for references and check them out to see if she can successfully fight against your school district. Cases where the student scores in the "low average" range are difficult to fight because technically the district can say he is "average" and therefore, does not require special education.

I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@gmail.com
Phone: (949) 582-3601
FAX: (949) 716-9498
You can learn more at my web site:
www.special-education-answers.com