I reviewed the brochure I was provided on parent's rights and realized an official appeal was a complicated legal proceeding. I contacted the Exceptional Children's Director who's contact information was in that brochure to ask if there were other appeal options. In the email (you can read it here), I made sure to explain why I felt an appeal was warranted as well. She responded by letting me know the appeal process and also offering to have another staff member review all of Luke's evaluations and private reports. I was ecstatic to have the second look.
The Assistant Director offered to deal with me. She was super kind and very thorough. She called yesterday afternoon to talk though her personal classroom observations, etc (we had already talked about Luke in length on the phone twice before this). She could not approve him for special education either. Federal Law states that a child must qualify for general special education inclusion with one of 14 disabilities before they can even be evaluated for specific special education services. Occupational therapy is one of the special education services only accessible to one of those specific 14 disabilities.
The 14 categories of eligibiity are:
- Autistic
- Deaf
- Seriously emotionally disabled (formerly BED)
- Deaf-Blind
- Hearing impaired
- Multi-handicapped
- Intellectually disabled (formerly EMD, TMD)
- Orthopedically impaired
- Other health impaired (includes ADD/ADHD)
- Specific learning disabled (includes dyslexia)
- Speech/language disabled
- Traumatic brain injured
- Visually impaired
But how do you determine whether or not a child with ADHD needs a special education and not just a related service? When I spke to her Friday, I finally felt clear that there were categories of disabilities and Luke didn't fit the categories. Then, when I decided to read the law for my own information, I see very clealy that ADHD is one of those categories. So I know they have determined that he needs a related service but not a "special education" but I don't understand how one is so different from the other and why the law is structued to turn away those that are only a little disabled, those that have only one need. It's still a NEED.
I had decided that I was going to accept whatever this woman's final decision was because she was working so hard to understand Luke and his unique set of circumstances. I felt certain she would be thorogh and fair and that's all I can expect. And I do feel she was thorough and fair under the law.
The problem is, the law absolutely stinks! How do we let our lawmakers get away with excluding a child becaue they only need a special educaiton service and not a completely unique education plan? Hw do we let them get away with helping some and not all. How do we come to a point to say it's okay to let some slip through the cracks as long as it's not all of them. I can tell you HOW we do this. We don't know that we are. This law is so complex it is impossible to understand unless you have been trained in it. I have a gifted IQ and I have invested countless hours researching and reading and still am baffled. While I finally understand how they were able to exclude my child, I still don't have a clue what it would take for him to be included. I want so badly to find a way to fight to change this. I want to give a voice to children like Luke and seal up the cracks.
So I began trying to find out exactly what inclusion in Section 504 would do for my son. I found a memo from Jeanette J. Lim, Acting Assistant Secretary for Civil Rights and the US Department of Ed, on Section 504 (http://www.wrightslaw.com/info/add.eval.ocrmemo.htm). It states very specifically that a child that qualifies for Section 504 is entitled to special education services and cannot be denied because they didn’t qualify under IDEA. What?! That says to me that he can receive services through 504 but I was told right at the beginning of the school evaluation that he must qualify for special education to receive any services. So much confusion! If he can get some “services” through 504 and not just accommodations (what I would consider workarounds or crutches) then I am all for moving on to 504 Committee, I would have been fine to start there in the first place. I was pushing so hard for special education and IEP because my understanding is that it must be special ed to get “extra help” and 504 to get only accommodations. If that is not the case, I am causing myself a lot undue stress.
So, the bottom line for Luke right now? Who knows? I sure don't. I know the only thing left to do for special education is to file a formal due process petition and that is a formal court proceeding that will require a lot of resources and mny months. I feel like he'll be denied again there for this same "if a child only needs one service they don't qualify under IDEA" loophole. I think we have to move on to 504 Committee now for our sanity and for the sake of Luke. The longer I fight for special education inclusion, the longer he goes without any formal policy for his specific needs. That is not a benefit to him either.
Now we wait for the invitation to the 504 meeting. I will read everything I can get my hands on about the Seciton 504 law in the mean time. If I get push-back on the 504, I will be armed and ready. And I will be prepared going in with exactly what he is entitled to under 504. I really hope this process will be shorter. I want a plan in place for the second grade teacher next year at the start of the year.
One positive thing I was told Friday was that I shouldbe able to help pick his next teacher. That I am within my rights to tell them the teaching style that works best for him (fortunately his teacher this year was just right!). I will be discussing that during the 504 meeting.
THe outcome wasn't what we wanted but they're not going to keep me down...
Penny Williams is the creator and editor of {a mom's view of ADHD}. She is also a freelance writer, real estate broker, wife, and mother of two living in Asheville, N.C. She has published several pieces in ADDitude Magazine, the #1 national publication dedicated to ADHD, and has also been quoted in Parenting.com's Family Health Guide on ADHD and The High Desert Pulse article, When Ritalin Works. When not writing, she can usually be found behind a camera.