AboutLynn McDermott Expertise I am a reading specialist and have been teaching reading to children in grades 1-4 for 25 years. I can answer any questions from parents or educators about problems children may be having learning to read and some possible solutions or advice on practical approaches for parents, teachers and tutors to help these children learn to read.
My daughter had an IEP from 2nd through 5th grade. When they re-valuated they said she no longer had a LD and took away her IEP. Is it really possible for her to no longer have a LD? Sixth grade has been such a struggle for her. She does awful on tests, because of her poor vocabulary and reading comprehension. She is getting private tutoring, but she is at a 4/5th grade level with that. She is in the Read 180 program at school and it is helping. My husband and I both think she should repeat 6th grade, but the school thinks that is not the answer, but they don't have one for us. I think they just want us to accept that we have a child that is alway going to struggle. We don't want her to struggle, that is going to make her hate school. We wish we would have had her start kindergarten when she was 6 instead of 5. We have wanted to hold her back every year and they always advised against it. What is your opinion? Do you have a contact number?
ANSWER: Hello Cindy,
I'm glad to hear that your daughter had met with enough success that she is no longer in need of an IEP. However, your daughter should still be monitored. If she is still struggling and not doing well on her classroom tests, she needs to be reevaluated. If she is reading on a 5th grade level, that is remedial and she should be able to keep up and do well in her class. If she is reading still on a 4th grade level, she is further behind than she should be and needs much assistance. Is the Read 180 a remedial program? Does she work with a reading specialist who is teaching her some study skills or is just following a program that is not geared to her individual needs? Your daughter needs to learn some strategies that will help her in the classroom. She needs to learn certain pre-reading, and notetaking skills to help her pass her tests and understand the material that she needs to know. You did mention that the reading program is helping a little but apparently, your daughter needs more help.
I suggest strongly that you request a meeting with a team from her school. Have the LD specialist, the reading teacher, the principal and the psychologist at this meeting. Go in with your questions and ammunition. Have her report card handy and some tests to show that she is doing poorly. There is a federal law called : No child left behind. Your daughter is entitled to the best education that is available. Do some research on the computer on this law and go in prepared to get your daughter the individual help that she needs but you may have to prove that there IS a need. You do not have to just accept that your daughter will struggle in school. Ask if an IQ test has been done. Make sure the results are reviewed with you. You want to be sure that your daughter is working up to her abilities.
I wish you much luck and I wish your daughter much success in her years ahead.
Lynn McDermott
Reading Specialist
---------- FOLLOW-UP ----------
QUESTION: Lynn,
Thank you for your quick response. It only took about a month of her being in 6th grade to see that she was going to have problems. We asked for her to be reevaluated and this is what was written on the Notice of Action form:
The diagnostic team refuses to reevaluate Jessica as she was just reevaluated on 1/17/07 and was found non-disabled. Jessica's academic scores were determined to be commensurate with her measured cognitive ability.
What does remedial mean? I know you can read about the Read 180 program online. Maybe that will give you an idea about what it is all about. Scholastic sponsors it, so I would think it would be a good thing.
She goes to Huntington Learning Center. I know that they teach study skills, note taking skills etc. She has been going there since November. I remember the director saying that they teach them, but that she would not learn them right off the bat. I think it might be because she has so much catching up to do. They started her off with 2/3 grade work and she has progressed to 4/5 grade work. They seem to think that she will be doing 7th grade work by the time she is ready to start 7th grade. Right now I have a hard time believing that. Not that they were lying to me. It is just that they did not know my daughter that well when they said that.
My daughter wants them to be helping her with what she is learning in 6th grade and not what she didn't learn in the past. But they say she needs to be retaught what she didn't learn first.
I let Huntington read a letter from her math teacher saying that she feels that my daughter is totally lost. Now they want to try one on one tutoring.
We have had several meetings. Huntington has even come out to the school. They best they can do for her is give her a 504 plan. They said that 504 does not include modifying tests or rephrasing questions on a test; which is what I think she needs. That is what a IEP is for, but she does not qualify for one. The superintendent even is aware of her poor test scores. Sometimes I wonder if the school is afraid to have too many students with IEP's; that it will make them look bad. I know her reading teacher thinks there are students there that need them and don't have them.
Her IQ tests show that is in the low average range. The diagnostic team says you can't change a person's IQ. That is why I think they just want us to accept that our daughter is always going to struggle and have to work extra hard. Well working extra hard means struggling in my daughter's case.
ANSWER: Hello again Cindy,
I can tell that you are a very concerned mother and I applaud you for that. You have given me much information in this note and I can better comment on the information now.
If your daughter is working up to her ability, she is not learning disabled. This is probably what they are telling you.
Take the 504 plan! Your child CAN get resource room help under a 504 plan AND she can get some test modifications. She can get extra time and separate location for tests. Perhaps there are more modifications that can be given under this plan.
I can tell from your note, that you live in NYState. Your school district should have something called an Academic Intervention Service plan in place. Your daughter should be considered AIS in Math at least and she should be getting service during the school day.
I am familiar with the Read 180 program from scholastic. It is a good program but it is A PROGRAM. It seems to me that your daughter needs to be working on materials from her classroom. She should be bringing classroom work to her reading class or to her resource room class (which she should get under a 504 plan). The reading teacher should be working with her on strategies to help her to understand her classroom work. For example, just teaching her a 4 square notetaking approach isn't enough. They need to show her how to USE that approach in Social Studies, or when reading fiction/nonfiction, etc. Story mapping helps for fiction stories but she should be learning that in connection with her classroom work. Doing a program that is unrelated may not be helping your daughter. Because she has low average abilities, she may need a more concrete approach. She can't deal in abstracts. She may need to do more hands on things in science....and in reading (reading a recipe and following the directions)
I fully understand what the reading teacher is trying to do. They are trying to catch her up via research based reading programs. Believe me, there are a 100 of them on the market. The Huntington Learning Center is also working with you but please remember that they are being paid and they want your business. They will tell you what you want to hear and they will tell you whatever it takes to keep you coming back. I'm not saying that they aren't good at what they do but they are in business...please remember that.
If your daughter was evaluated in January of 2007, she can certainly be re-evaluated now! This is May of 2008!!! She should have an annual review each year and testing after one year's time is NOT an unusual request.
I'm not sure if I have helped you but I do think that you should continue to question and go to the directors of the reading and special education dept. in your school district. Your daughter is worth fighting for.
The best of luck to you.
Lynn McDermott
Reading Specialist
---------- FOLLOW-UP ----------
QUESTION: Hi Lynn,
Actually I live in Missouri. Is an AIS something exclusive to schools in New York? It sounds like maybe our school district's special services department does not have their facts straight about what a 504 can consist of. I remember the principle saying right in front of the director of special services that my daughter would not be able to have tests modified or questions rephrased on tests. The director did not stop her and tell her otherwise. Do you know if it is stated anywhere on the Internet that tests can be modified? If so, I would sure like to print it and show it to them.
Thanks again!
Answer Hi Cindy,
Sorry about the New York/Missouri confusion. Huntington is a town on Long Island and when you mentioned Huntington Learning Center...I assumed you lived in New York!
AIS stands for Academic Intervention Service and it must be provided to students in need of intervention in the areas of Math, Language Arts, Social Studies and Science. I am not certain if the state of Missouri has this plan.
However, a 504 plan is Federal under the IDEA act. Go to "keyword" on your computer and type in 504 educational plan.
It will take you to a link that may help you. I have enclosed an article that might help.
Good luck,
Lynn McDermott
Reading Specialist
IEP's vs. 504 Plans
There are two types of written plans, which must be developed and implemented by public schools regarding students with disabilities. First, students with disabilities requiring only reasonable accommodation must have a written plan under Section 504; this is commonly referred to as a 504 plan. Each public school should have a person (usually an assistant principal or a guidance counselor, but not a special educator) who serves as the school's "504 coordinator." This person should coordinate the development, maintenance, and implementation of 504 plans.
504 plans should be developed by a committee, consisting of the student with a disability (if appropriate), the student's parent(s)/guardian(s), the student's teacher(s), the student's counselor, and the 504 coordinator.
Additionally, special educators often serve as advisors to 504 committees. The student's disability and corresponding need for reasonable accommodation are identified and documented in the plan. Likewise, the plan delineates the specific accommodations, which will be implemented by the school. All school staff involved in the provision of accommodations should be contacted by the 504 coordinator and made aware of their duties and responsibilities. The plan itself should be updated at least annually.
For students with disabilities who require specialized instruction, the IDEA controls the procedural requirements. The IDEA process is more involved than that required under Section 504. Instruction and accommodation under the IDEA are provided in accord with a plan called an Individualized Education Program, known as an IEP. A student's IEP is a legal document which, in part, sets forth the duties and responsibilities of the school district and staff regarding that student. It is the responsibility of special educators, regular education teachers, administrators, counselors, and other professional educators to be thoroughly familiar with the provisions of the IEP for EACH of their students with disabilities.
The remainder of this document sets forth the general procedural information that regular educators should know about the IEP/IDEA process. REMEMBER: Be safe. Seek the advice of special educators. Whether you are a teacher, an administrator, or a counselor, you will save yourself considerable time and trouble -- and you will do a much better job for your students with disabilities -- if you learn to appreciate these specialists as a valuable resource.
Step One: Identification
Schools and educators have a legal duty to identify students with disabilities. This can be relatively simple in the case of obvious physical disabilities. However, disabilities are not always obvious. Educators are under a duty to recognize the possible presence of disabilities based on student academic performance as well as student performance in non-academic school activities.
Step Two: Intervention
Once an educator identifies a concern regarding the performance of a particular student, a period of intervention begins. The educator should implement appropriate intervention strategies aimed at alleviating the identified concerns. The educator should document the concerns and subsequent interventions. The key issue is whether the strategies enable the student to benefit from the regular education curriculum.
Step Three: Referral to the 504 Coordinator
The educator must refer the student for further consideration if either of two situations exists:
1. The intervention strategies work, but the educator remains concerned that the student's performance signifies a possible disability and that the interventions represent accommodations for such disability; or
2. The intervention strategies do not work.
In either case, educators should make a written referral to the 504 coordinator (or to the committee established in the school to deal with disability referrals).
Note: An initial referral is usually NOT an IDEA matter. Special Educators may advise or assist the 504
committee or coordinator, but a full 504 consideration should take place before referring the matter for special education. Consideration under Section 504 should remain separate and distinct from the realm of special education. This is because it is inappropriate to implement IDEA procedures until it becomes evident that the student has a need that exceeds reasonable accommodation. Thus, until it is suspected that specialized instruction is required, it is inappropriate to bring students under the auspices of special education.
Step Four: Review by the 504 Committee
When a case is referred, the 504 coordinator should call a meeting of the 504 team. The team should review the documentation provided regarding the concerns about the student and the interventions that have been attempted. The team should decide upon what additional intervention and evaluation is appropriate.
Over a period of several weeks, the team should closely monitor and the information it obtains regarding the student's performance and the effectiveness of the methods implemented to assist the student. It is important to remember that student performance is a function of a variety of factors. Sometimes the particular methods employed by the student's teacher are simply not effective with regard to the student. Other times, poor student performance can be a result of diet, family issues, abuse, or a number of other factors having nothing to do with school or with disability. It is the responsibility of the 504 committee to address these issues and determine the real nature of the problem.
Finally, after a period that should in most cases be not less than six weeks and should involve no less than three meetings of the full committee to evaluate the progress of the matter, the 504 committee will determine three things:
1. Whether the student's performance remains problematic and whether such difficulty is the result of a disability;
2. If the problem is a result of a disability, whether reasonable accommodation is sufficient to enable the student to benefit from the regular education curriculum; and
3. If the student's needs are a result of a disability and cannot be met by reasonable accommodation alone, the 504 team should refer the matter to the special education department in the school.
Step Five: Referral for Special Education Evaluation and Formation of the IEP Team
As soon as a case is referred to special education, the matter comes under the control of the IDEA. At this time, a special educator becomes the "case manager" and an IEP Team is formed. From this time forward, all decisions regarding the student's needs educational program are made by the IEP Team; school personnel is specifically prohibited from making such decisions without the Team. The IDEA provides that the IEP Team consists of:
1. The student (if appropriate);
2. The parent(s) or guardian(s);
3. The special educator (i.e., the case manager);
4. The regular education teacher or teachers;
5. A "district representative" (this can be a special educator or an administrator so long as it is someone familiar with special education services in the district); and
6. Anyone else whose presence is deemed necessary or appropriate by the student, the parent(s), guardian(s), or the district.
Note that as a regular educator you are legally required to attend meetings of the IEP Team. (However, on the middle school and high school level -- where students have several regular education teachers -- it is often the practice to rotate IEP Team duties among the various teachers. The IDEA requirement is seen as being aimed at assuring that the Team have access to a regular education perspective, not as being aimed at requiring the presence of six or seven regular education teachers at every high school IEP Team meeting.)
Step Six: Evaluation
The case manager gives the IEP Team members notice and the first meeting is held. The first order of business is deciding whether the matter is properly before the Team. If the Team thinks that the matter should go back to the 504 committee, it can send the case back. Otherwise, the Team decides what type of evaluation is necessary in order to determine the existence of a disability and what, if any, need exists for specialized instruction.
Step Seven: Eligibility
After the evaluation is completed, the Team is reconvened. At this time, the Team reviews the results of the evaluation. The team looks at whether the results meet the state and federal criteria for the existence of a disability under the IDEA and whether the student requires specialized instruction. If so, the student is considered eligible for special education.
Step Eight: Designing the IEP
If the Team decides that the student is eligible, the Team must then design the student's educational program. The Team determines the student's needs regarding specialized instruction, as well as the need for any related services (such as transportation, speech/language therapy, health services, audiology, occupational or physical therapy, adaptive equipment, interpreters, orientation and/or mobility counseling, etc.) Likewise, the Team identifies any necessary accommodations or modifications that are required in order for the student to be able to participate in and benefit from regular education settings, curricula, or activities. These items, as well a statement of the student's current level of educational performance, are documented in the IEP.
Step Nine: Implementation of the IEP
As stated above, the IEP is an important formal legal document. The professional educators and other service providers who deal with the student must be informed of the contents of the IEP as such contents relate to student performance and needs. The program established by the IEP must be fully and immediately implemented by the district. Regular educators must be sure to remain familiar with the contents of their students' IEP's and must also be sure to implement the required instruction and accommodations/modifications contained therein. Failure to do so can result in the educator being personally liable.
Step Ten: Monitoring
IEP implementation and the student progress in accord with the IEP should be monitored continuously throughout the year. Reporting on student progress towards IEP goals and objectives is required to be completed on the same schedule as such reporting for non-disabled students. In other words, if report cards come out four times per year, then reports of student progress towards IEP goals and objectives should be provided at the same times.
Step Eleven: Review (Annual IEP Review and Three-Year Re-Evaluation)
The IEP must be reviewed annually. The IEP Team must meet prior to the expiration date (which is one year from the IEP's implementation) and develop a new IEP in accord with the student's progress and needs as exhibited over the year. Likewise, the formal evaluation process must be reviewed to determine whether the student remains eligible for special education and, if so, to identify the student's educational needs. The review of the evaluation is done every three years. The IEP Team has the option to forgo a new formal evaluation if it feels that there has been no change in the student's eligibility. However, a formal meeting is still required.
Final Considerations - Discipline, Transition, and Self-Advocacy
Discipline
The law recognizes that students with disabilities, whether receiving special education or receiving only reasonable accommodation, should not be removed from school for infractions which are manifestations of their disabilities. Consider twoexamples:
1. Students with learning disabilities in the area of reading, or with disabilities that result in any number of processing difficulties, may not comprehend written guidelines, or may not pick up on "implied" behavioral expectations. Such students cannot be held accountable for violations of expectations which have not been explicitly presented to the student in a manner assuring comprehension. Failure to comply with such provisions would be "manifestations of their disabilities."
2. Students with autism, emotional disturbance, or mental retardation may behave in ways that do not conform to our usual notions of appropriate educational decorum. Nevertheless, to the extent that such behavior is a manifestation of the student's disability, the student cannot be disciplined for such behavior.
The IDEA sets forth specific procedural requirements for disciplinary actions involving removal from school. Note that this requirement has the potential to create confusion in that the Team may be inclined to make a judgment regarding the facts (i.e., whether the alleged behavior occurred) instead of limiting its judgment to whether the behavior, if it did occur, is a manifestation of the disability. Also note that even if the behavior is not a manifestation of the students disability (and the student is therefore suspended or expelled) the school district must continue to provide services to the student. If the student cannot come to school, then the district must provide a home tutor, or provide services in another setting. As with all other decisions regarding services to students with IEP's, the alternative educational setting must be determined by the IEP Team.
Transition
The IDEA requires that beginning at age 14, IEP's incorporate the various goals and objectives applicable to student needs regarding transition from high school to post-high school life. Regular educators in middle school and high school should therefore be aware that IEP's will contain such goals and that the education of students with IEP's on these grade levels will involve requirements, curricula, and activities which go beyond the regular education curriculum.
Self-Advocacy
Arguably the most important skill for students with disabilities to acquire is that of self-advocacy. This involves knowledge of one's rights and the skills necessary to assure enforcement of those rights. Regular educators should remain aware that self-advocacy training is an important part of specialized instruction. Remember that students are in the process of learning these skills; they are not masters of these skills. As such, be helpful to students with disabilities; encourage their efforts to enforce the modifications/accommodations to which they are entitled. As students learn to use self-advocacy skills, they may initially use these skills in an unrefined or harsh manner. Try not to be insulted or become defensive when students attempt to enforce their rights as persons with disabilities. Remember that these students must learn to identify and enforce their rights and that they had better learn this by the time they graduate.
