Failing 5th Grade Math Class--need direction

[Mykidsmomto4]

My son has asperger's and has an IEP. At the start of the year the school proposed a math goal as my son's grades were slipping, he failed the math SOL and they proposed a self-contained math class. I observed the class and refused the self-contained class as all the kids had stimming issues and my son does not. The pace was also very, very slow.

I asked for testing and told them a math goal was premature without knowing the areas of weakness. They did a KTEA and Key math test but insist there are no tests to find what grade level my son is on. They only say he's NOT on grade level. They again proposed the self-contained math class and a very broad goal. The testing has taken a while and now I'm going through a transition IEP for middle school and I haven't signed the IEP yet as it's not completed. Meanwhile, my son is doing worse in math and I asked for ESY and was denied. I was told that without a goal they can't offer services. I thought that IEP teams have the power to do most anything they want if it provides a child with educational benefit--am I wrong? How do I get my son math help over the summer through his IEP so that his progress (or lack of) can be measured?

[Brice]

Goal and ServicesTest for math achievement or grade levelhttp://www.pearsonassessments.com/HA...m?Pid=PAa32215http://en.wikipedia.org/wiki/Dyscalculia

Present levelsThe IEP not completedThe IEP team denied your request for ESY

I am assuming that because you asked the question about ESY the school district did not give you a written prior notice that explains why the school district did not take the action you asked it to take.

If the school district did not give you a reason for denying your request for ESY you should ask. Write a letter to the special education director and ask specifically why the IEP team denied ESY for your son. By letter, I do not mean an email message.

A prior written notice is part of the procedural safeguards. You can find the rule at 300.503(a)(1) and (2); 20 USC 1415(b)(3) and (4) You can find that rule at http://www.law.cornell.edu/cfr/text/34/300.503.

In part, the prior written notice should contain -

• A description of the action proposed or refused by the district.
  An explanation of why the district proposes or refuses to take the action.

• A description of each evaluation procedure, assessment, record, or report the district used as a basis for the proposed or refused action.

• A statement that the parents have protection under Part B's procedural safeguards.

and

• A description of other options considered by the IEP team and the reasons why those options were rejected.

What can an IEP do if it wants to?

You said you thought "that IEP teams have the power to do most anything they want if it provides a child with educational benefit--am I wrong?"

An IEP team can provide an IEP that includes whatever it believes is necessary for the student to receive a free appropriate public education and is allowable by law. It can give a student more than a hearing officer could order.

The Summer

What can you do to get your son the math help through his IEP that he needs over the summer months?

If your effort at the next IEP meeting fails to get ESY for the summer you have a few choices. One is to ask for a due process hearing so you can prove to a hearing officer that ESY is necessary for FAPE. That isn't practical at this time of year because the school year is almost over. At the very best a hearing officer could not hand down a decision before your son needs to begin his summer math studies.

Your other choice is to give the school a ten-day notice that you intend to enroll your son in a program and seek reimbursement from the school district.

The ten-day notice requirement is in the procedural safeguards. What you must do is give the school written notice at least 10 days before enrolling or beginning a private program for your son - or - give the school notice at the next IEP meeting. If you give the notice at the IEP team meeting you must not have already enrolled your son in a summer math program. A program could be an on line course, a qualified tutor, or a structured private math program.

You should get a legal opinion from a special education attorney in your area about the ten-day notice before you give your notice of intent to the school.

How can the summer program measure his progress or lack thereof? What can I say. I would think any competent math tutor could give your son graded tests at the beginning of the summer. By graded I mean graded by difficulty or by grade level expectations. If your son is in middle school and the tutor tested him at successive grade levels, that tutor would soon have a pretty good idea about what grade level in math your son is competent. I'm not an educator but it seems pretty straight forward to me.

I hope this answers your questions. If not, let me know.

- bp