Special ed and accelerated classes.

[tonymoo]

What is the name of your state (only U.S. law)? New York

Thanks in advance for any advice. Sixth grade son currently in inclusion classes and planned for general classes for next year with one period of support per day and some accommodations such as extended test time and copies of teacher notes if needed.. He is on the autism spectrum and in general improved immensely over the years - started in an 8:1:1 setting for K and progressed thru 15:1:1 to inclusion and now to general classes. As with many spectrum kids, he is very skilled at math and not so much at writing.

In our district, selection for accelerated math takes place now, and is a one time thing - you can be dropped but can't get in later. If you are not accelerated you can't take calculus in high school.

By objective measures, he is more than qualified to accelerate - test scores, class grades, state tests, etc... In fact he is stronger than my older kids were in math in 6th grade and they were all put in accelerated.

The district is has recommended him for non-accelerated but is pretty much finger pointing as to why. The CSE (special ed committee) says it is not their call and that it is up to the teacher and guidance department while guidance seems to imply that they don't put special ed kids in accelerated in general but that it is up to the CSE.

My question is whether by law this is something I appeal to guidance/administration or to CSE and then due process.

I suspect this is somewhat a budget issue as the district may not want to provide accommodations in the accelerated classes since they are set up to do so. I've told them that I wouldn't push the accommodation issue ( additional test time ) in that class because he doesn't need it in math (or science) but I'm not sure that is even legal.

This is particularly important because I strongly suspect his future lies in the technical fields.

 

[FlyingRon]

Yes, I would go direct to the head of guidance, in person, and see what he says. I've found that it's easy to duck calls but hard to avoid someone standing in your office. I'd mention "504 lawsuit" if he starts to hedge. If you can't get satisfaction in the building, I'd write the superintendent indicating that you are working with an attorney on the 504 lawsuit. Be researching that attorney in the interim.

 

[ajkroy]

I'm a high school teacher, well-versed in both the law and the practical (and sometimes impractical) applications of SPED. Of note, Special Ed also involves gifted students, not just kids who might be behind the curriculum.

Federal law requires that all students be given access to the same curriculum and programs, regardless of ability. If a child requires accommodations to help him "level the playing field", it is supposed to make him equal to the other students, not give him an advantage. If your child can do the curriculum without the accommodations, there is no reason not to push to have him tracked in that class. Just be certain of your own motivation; many parents value academic tracking far too highly and are competitive with other parents about it. Only you know what your child can handle, with or without accommodation.

Good luck.

 

[Zigner]

Yes, I would go direct to the head of guidance, in person, and see what he says. I've found that it's easy to duck calls but hard to avoid someone standing in your office. I'd mention "504 lawsuit" if he starts to hedge. If you can't get satisfaction in the building, I'd write the superintendent indicating that you are working with an attorney on the 504 lawsuit. Be researching that attorney in the interim.

Ron -

I agree (from many personal experiences) that showing up in person is more effective than phone calls.

However, in this case, we're not talking section 504. The student already has an IEP.


ETA: I've just re-read the original post and I realize that I am making an assumption that the child has an IEP. From the way the OP is talking though, I believe that my assumption is correct...

 

[ajkroy]

Yes, I would go direct to the head of guidance, in person, and see what he says. I've found that it's easy to duck calls but hard to avoid someone standing in your office. I'd mention "504 lawsuit" if he starts to hedge. If you can't get satisfaction in the building, I'd write the superintendent indicating that you are working with an attorney on the 504 lawsuit. Be researching that attorney in the interim.

I suspect this student has an IEP rather than a 504.

 

[tonymoo]

Thanks all.

Yes, he has an IEP.

I will try showing up in person but the problem 'til now has been the finger pointing. Is this a decision for guidance or for the special ed committee? They both point to the other. For example, placing a student in an inclusion class or a regular class is decided by the CSE but specific classes (e.g., Team Sports PE versus Gymnastics PE) is decided by guidance (absent a relevant special ed issue) even for an IEP student.

And no, it is not for my benefit. I have a strong feeling that if he is to be successful later in life, it will be in a technical field and not being able to take calc (and by extension AP Physics C) in high school could impact him.

 

[Zigner]

I don't believe that guidance is required to allow it. However, if the IEP requires it, then guidance doesn't have much of a choice.

 

[FlyingRon]

It doesn't matter if he has an IEP, that doesn't preclude a 504 action. All it matters is that he has a disability and he is being discriminated against. A formal plan (either 504 or IEP) need not be in place. Invoking 504 actions is easier than IDEA complaints in my experience.

Yep, man ajkroy, that is why many districts are now calling the "exceptional students." Covers the traditional special ed and the gifted and talented at the same time.
'
I've had a one child with both learning and physical disabilities and another in the g&t program. My wife was a special ed teacher. While she was a bit timid advocating for her kids as she feared personnel repurcussions for rocking the boat, I had no such compunctions. I spent 45 minutes standing int he head of counselling's office at the high school to get one schedule changed. After I had it resolved I asked the secretary if she had a district directory so I could leave my wife a message at her school, but ofcourse, she had a sheaf of phone messages from my wife already so she had the number.

 

[Zigner]

It doesn't matter if he has an IEP, that doesn't preclude a 504 action. All it matters is that he has a disability and he is being discriminated against. A formal plan (either 504 or IEP) need not be in place. Invoking 504 actions is easier than IDEA complaints in my experience.

Yep, man ajkroy, that is why many districts are now calling the "exceptional students." Covers the traditional special ed and the gifted and talented at the same time.
'
I've had a one child with both learning and physical disabilities and another in the g&t program. My wife was a special ed teacher. While she was a bit timid advocating for her kids as she feared personnel repurcussions for rocking the boat, I had no such compunctions. I spent 45 minutes standing int he head of counselling's office at the high school to get one schedule changed. After I had it resolved I asked the secretary if she had a district directory so I could leave my wife a message at her school, but ofcourse, she had a sheaf of phone messages from my wife already so she had the number.

My 3 kids were all in special ed AND the GATE program at the same time. I've had a lot of experience in the area too. I've always had more success with the IEP angle...

 

[tonymoo]

I don't believe that guidance is required to allow it. However, if the IEP requires it, then guidance doesn't have much of a choice.

That's my problem though, they won't put it in the IEP - saying it's not a special ed matter.

So should I try to insist on that first - meeting and if not successful, mediation and due process? Or try to plow through guidance?

I have another child who has been fighting cancer for 7 years so I'm pretty good at fighting for what we need but have never been up against everybody saying it is not up to them before.

 

[Zigner]

That's my problem though, they won't put it in the IEP - saying it's not a special ed matter.

So should I try to insist on that first - meeting and if not successful, mediation and due process? Or try to plow through guidance?

I have another child who has been fighting cancer for 7 years so I'm pretty good at fighting for what we need but have never been up against everybody saying it is not up to them before.

It most certainly can be included in the IEP plan, particularly since guidance is taking the "blanket" position that they don't put special ed kids in the accelerated program.

 

[I'mTheFather]

This may help sway them:

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-20071226.pdf

 

[tonymoo]

this may help sway them:

Https://www2.ed.gov/about/offices/list/ocr/letters/colleague-20071226.pdf

thank you!!

 

[I'mTheFather]

You're welcome. Good luck!

 

[tonymoo]

Just wanted to thank you to everybody.

Armed with some facts and suggestions from here and some determination, I got what we wanted. Accelerated math and up to us about honors in a 2nd subject - we're still considering that one .