Expert: Joyce A. Anthony - 9/23/2008

Question
My son whom is 6 y.o is in kindergarten.  In March he was tested for an IEP and denied because he was not academically delayed.  He just received neuropsych testing that I found on my own, and we are awaiting the results but the dr. told me verbally that he has ADHD, bipolar, and probably some other diagnoses that he does not know yet without the results of the testing finalized yet.  He told me that becuase of my son's social problems he needs an IEP and to be in a class with no more than nine children and two teachers.  He told me that if the school denies my son an IEP at our next meeting, to get a lawyer.  My son has had behavior problems in school recently including hitting another child, kicking a girl in the back, hitting the teacher, biting the special ed director bloody, hiding under the structures outside, and sleeping in class.  Do these things make him eligable for an IEP along with his diagnosis?  When I tried last time they denied him because he was not delayed, which the neuropsychologist agreed with saying he is very smart... but his disability obviously effects his education in other ways.  Also will the school need to consider the recomendations of the neuropsych report?

Answer
Janice:

Simple answer:  Yes! A psychiatric diagnosis, combined with your son's behavior in school, makes it a requirement that the school district provide an IEP for your son.  If they refuse, contact a lawyer immediately.  This is a federal law!  
                              Joyce A. Anthony