IEP/504 in Elementary School

Parent Q&A

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  • Hi There. I have a kid who just turned 4. He is diagnosed ADHD (early for a diagnosis I know, but he was officially evaluated by Kaiser at the recommendation of our Pediatrician). He has had his fair share of struggles in preschool. He struggles with impulse control, aggression, and transitions. All of these are very typical for ADHD kids at his age. We don't medicate him because he's just so young, but will consider in the future if needed. We are always very proactive with OT and other skill building work. 

    He will be attending private preschool for one more year (no TK), and I'm starting to plan for Kindergarten in 2025. We've been going through the IEP process with OUSD because we had initially planned for TK and its been a slog. Its taken a long time, 6+ months. And in general I've heard from others that OUSD will be a hard fit for a kid with his issues. I'm sure its very school-to-school dependent, but we do not live in one of the super desirable elementary school zones (I know its lottery). My question is have others found that OUSD can support their Neurodivergent kids and they have been able to succeed? Or would it be wise to consider moving to a new city (considering Berkley, Alameda, Piedmont etc.)

    Slightly similar boat - our oldest is entering Kindergarten next year and is diagnosed with mild ASD w/ ADHD.  We're in the middle of going through the IEP process with OUSD, but we ended up getting a placement at Emerson in Temescal (we live in West Oakland) under the understanding that they're the best OUSD school for supporting ASD/ADHD kids.  TBD how well that support materializes, but in terms of public schools we've heard from a few different sources that it's the "best" one.  

    My only other advice is to see if you can hold him back a year?  Our son is turning 6 this summer and while I wasn't excited to pay for an extra year of private pre-school, the extra year absolutely made a huge difference in his ability to handle more a more structured environment.  

    I have two kids in OUSD with ADHD (and anxiety). It's been a mixed bag. Not horrendous but not stellar. Some really great things and some not so great. We are also not in a high demand school, though we are at one of the Spanish-immersion ones.

    With oldest kid, who is now in 3rd grade, he was diagnosed almost two years ago after a hellish year of zoom kindergarten and a better year of first grade. The ADHD diagnosis surprised us as we had originally gone in just for anxiety but it makes sense the more we learn about ADHD and our family history of it. We started out on a 504 plan for him and that was easy to do. We then moved to a IEP after his diagnosis so that he could access OT at school. It was a very long process, one which I think put OUSD out of compliance with the law. But ultimately is was very, very thorough and complete. They came away with a very good understanding of my kid, good accommodations and services and we got what we wanted out of it. He is not taking medication. Beyond specific accommodations, he gets pulled out for reading support for 2 30 sessions each week, pulled out for OT one time a week and has two sessions of a 1:1 aide with him for 2 30 minute sessions each week. The communication from his support staff and teachers has been good. I do wish the school would have moved forward with having him evaluated earlier. I feel like they should have known he was struggling earlier and considered him needing services without us asking, but maybe that is unrealistic, especially considering how much zoom kindergarten did to mess up everyone's education his age.

    My second kid is in K this year. His ADHD presents a lot differently. We have been talking to people about him having it since he was 3 though he was just diagnosed this fall. He achieves well at school but it is exhausting for him and the he has a lot of negative self talk. We have just started him on medication and are working on getting that right. That process has been difficult with the school as the school nurse is only there a few hours each week and she needs to train the office staff and teachers to make sure he gets it. He started on an IEP for speech at 4 while in private preschool. He's continued on that and we are just now entering into his triennial reevaluation. We have to make a decision about if we want him evaluated for other services or accommodations or just continue with speech. Right now the school is telling us that they don't think he need further evaluation beyond speech as he's at grade level in almost everything. They would rather wait till first grade to do additional testing. As parents, it's hard to tell what the right way forward is here and I don't know which way we'll go.

    The school has been very helpful in helping us find our kids counselors for outside support for their ADHD and anxiety. They've made recommendations of providers and also connected us with a non-profit service that helps families find providers.

    So, I think my kids are doing fine in academics and socially. They are welcomed and supported at school. They are getting the services they need but it often feels like I as a parent am stumbling around in the dark trying to figure out the best way forward for them and the school sometimes is helpful in figuring that out and sometimes less so. I think whether your kid will do okay in OUSD a lot depends on the school and teachers and how their ADHD is.

    I have a kid with ADHD in BUSD and I wouldn’t recommend it. Support is very minimal and there are numerous problems at the school that impact all kids but are extra challenging for a kid with additional struggles. There’s been a lot of principal and teacher turnover, too many beginning teachers, part-time teachers, subs for more than 6 months of the school year, outdated reading curriculum, not enough support staff, etc.  Some BUSD schools are better than others but since you won’t actually be able to choose your school I wouldn’t recommend moving to Berkeley expecting great support.  It might still be better than your current zoned school but if you are looking to move for the schools I’d look  elsewhere. 

    My kid has ADHD (along with other learning disabilities) and overall has been really well supported in OUSD. Getting a good IEP with appropriate accommodations is crucial; my experience is that teachers have been mindful of the accommodations specified in the IEP. My son also gets additional support from the resource staff which has been really great. He is medicated—ymmv but medication has been crucial for my kid to be able to focus. (He was diagnosed and started meds in 1st grade, is now in 6th, and doing really well in an OUSD middle school.)

    One caveat: if you do decide to start meds, wait until your kid has been assessed by OUSD and has an IEP in place before starting. Otherwise they may appear too high functioning to qualify for the IEP! (Meds are great for things like focus, but don’t address other aspects of ADHD like executive functioning challenges—which an IEP can support with.)

    My advice is to reach out to the resource team at each school you’re considering to get more information on what kind of support they can provide. My kid didn’t have a diagnosis before elementary, but when we started looking at middle schools, I reached out to the resource staff at the schools we were considering, and that was really helpful, since staffing levels and how they structure services can vary from site to site.

    I would recommend joining the Special Needs Parenting /IEP support FB group as you will see many people ask this question about their respective district. Search through old posts and you will find that there is no perfect district, and often a lot depends on the particular needs of the child and the current special education team at the school. Good luck! 

    OUSD will not support your child. The only school that did was Burbank Preschool Center which has the most teachers with credentials to teach kids with special needs. My son who has HF ASD and SPD went there from age 3-5 and it was a great experience since everyone working there was knowledgeable and had experience working with neurodiverse kids. 

    I visited every elementary school that had an inclusive program in OUSD prior to applying for my top 3 choices. I wanted to meet the teachers, the inclusion specialist, and the paras. One thing I learned is that its not the school that matters, but the teacher/aides that will be supporting your child. My son was at one of the “top” schools in OUSD funding wise, and still didn’t get the support he needed. 

    The only district I’ve heard that’s better with neurodiverse kids is Lafayette. My son recently took an extracurricular class at Happy Valley Elementary in Lafayette and its a beautiful school- everything you would expect from a school in Lafayette. The minimal interaction I’ve  had with the staff was positive, however, I have no idea what being enrolled there is actually like.

    A quarter into second grade at a top OUSD school, I pulled my son out and started homeschooling him. It took a few months for us to adjust, but after receiving support from a local charter school that supports homeschoolers its the best thing I could have done for my son’s education and well being.

    He’s always been academically advanced, but I thought enrolling him in OUSD would give him the chance to develop social skills from the neurotypical kids. I also wanted to take advantage of the speech therapy and social skills group provided at OUSD. Bottom line is OUSD like many public and private schools in general are not capable of giving children with special needs the attention they need to succeed. They teach to the average so if your kid is behind or advanced its up to the parents to supplement their child which is what we did anyway knowing that they don’t have the resources. 

    It was ultimately the bullying and crazy amount of indoctrination that I would no longer tolerate for my son that led me to pull him out of OUSD. While it is more difficult for me than my son, it’s totally worth his happiness, ability to advance educationally, and my peace of mind that he’s in a safe and supportive environment that I know this was the best decision we ever made for him. 

    Homeschooling is not what people generally think it is which is being at home all the time. I put him in a few in-person extracurricular and academic classes so he’s around kids often. He’s in social skills and OT through my insurance and speech therapy through the charter school. He does a few hours of school work a day and goes to classes throughout the week. He goes to a homeschool PE class and does martial arts twice a week so he gets plenty of physical activity. We can travel and take his work with us whenever we want. 

    The local homeschooling community is filled with kind, empathetic, and capable teachers, parents, and children many of who are neurodiverse. We’re not meant to fit in a box and as a parent of a neurodiverse kid I can’t help, but feel for my child who absolutely does not fit that box. If you can make homeschooling work for your family I would 1000% do it over traditional school public or private. Look into local public charter schools (Visions, Connecting Waters, etc) which help with structure, support, and funding. Each child gets around $2900 a year to spend on classes, supplies, field trips, etc. If any part of you is considering homeschooling your child, DO IT! :)

    I have two ADHD kids with IEPs that have been through several of the schools in West Contra Costa school district and I have been very unhappy with the support provided. I ended up homeschooling my son and putting him in a 3 day a week microschool, Seeds of Love Collective. There are other neurodiverse kids in the program also from Oakland and Berkeley.   The connection to nature is exactly what his central nervous system needs. The Montessori School on Cutting and Arlington in El Cerrito is supposed to be good with neurodivergent kids as well as The Berkeley School and Walden. Best of luck!

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  • IEPs in the classroom

    Sep 3, 2022

     My child’s IEP is followed in-terms of service hours from specialists. But her classroom experience is not.  In a large class, I can hardly expect the teacher to modify her class work. Are Special Ed teachers supposed to actively helps the classroom teacher modify class work?  

    Does your child receive paraprofessional support in the classroom? If not, having a paraprofessional in the classroom with your child can be a game changer. It costs to school district money, so you may have to push hard for it, but you should be able to get this added to the IEP. 

    If they give you a hard time threat to report them to the state. https://www.disabilityrightsca.org/publications/the-road-to-resolution-…

    It is the responsibility of all the adults on campus to be implementing your child's IEP as it is written.  That includes your child's case manager/ specialist and her mainstream teacher.  I'd recommend requesting an IEP meeting to discuss your child's in-class experience and the work they're being given. Then you can discuss your specific concerns with the work, and the modifications and accommodations she is supposed to receiving in class, and if there are any that need to be added. Like does she need alternative assignments or does she need to just have the same assignments with some modifications. Once it's written into the IEP then the team should be implementing it. 

  • Hey there - we just moved from Brooklyn and my younger daughter has had some executive functioning issues and i would like to get her an IEP assessment. Being that i just moved here- does anyone know where i begin? She will be starting 4th gr. at Oxford in a few weeks.... any help is amazing! Thank you!

    Research the DREDF - CA  website for information, they also have phone contacts and workshops on navigating the IEP process. Good Luck..

    Make your request in writing to the principal of the school, detailing your concerns and requesting evaluation for an IEP.   

    Make sure to attend the free training "IEP Basics and Beyond" which is offered on the first monday of every month (next one is August 8, which is tomorrow).   This is hosted by DREDF: Disability Rights Education and Defense Fund, which is located at the Ed Roberts campus on Adeline (it sits on top of the Ashby BART station).     To register, go to the website https://dredf.org      The training is full of so much information. be prepared to take lots of notes. 

    Just in case it's relevant.  An IEP is where you don't have to do the same work as the other kids.  There was a non-verbal girl in my daughter's class in third grade, and she was not required to read or write (except single words) -- that was an IEP.  My daughter has a 504 plan.  A 504 plan is where you get accommodations such as seating in the front of the class or more time on tests.  If it's an executive functioning issue, a 504 might be what she would qualify for.  

    An IEP is an Individualized Education Plan, starts with a educational needs assessment, and must include educational services related to the child's specific learning issues and needs. It typically includes educational services + accommodations.  It is not simply an exception to doing the same work as the other kids.  If applicable to the needs of a specific child, that aspect may be specifically written into the IEP for that individual child as one of the accommodations.   In the instance where a classmate's parent  observed a non-verbal child with an IEP... if the IEP was properly executed, it would have included services/lessons that were most likely done on a pull-out basis (the child leaves class and goes to a special education classroom for 30-60 minutes each day for lessons pertaining to their IEP).  This parent of a classmate may not notice or understand the specifics of another child's IEP, because it is confidential.   

    A 504 plan is named after Section 504 of the Rehabilitation Act of 1973, a federal civil rights law that offers protection for people with disabilities.  It is usually applied for students who do not need special education but who do need accommodations for their education in regular classrooms.   While some kids have a disability that requires educational services + accommodations,  kids with a 504 typically have accommodations only.   

    I am not an expert, but it is important to be careful with assumptions on terminology, and to look it up.  If you research the terms attend the IEP Basics and Beyond, or carefully read websites like DREDF and Understood.org, you can find more information. 

    - Mom of a kid with an IEP

  • Dear parents, Are there any potential concerns associated with including positive behavior or PBIS goal in the IEP? My daughter is in general education class (2nd grade) with some push in services. The RSP teacher asked us to sign an amended IEP that included the following accommodation, "All consequences must be part of a positive reinforcement system or district positive behavioral interventions and supports (PBIS) system" The RSP teacher mentioned that they are adding this to all IEPs in the school. I did not sign this yet as not much information was provided other than she telling that it will be helpful to have that accommodation in her IEP. Her classroom teacher mentioned during the last IEP that my kid was getting distracted a lot and not focusing in the classroom. But she is not disruptive or causing any harm to others. Now with this request, I am trying to understand the motivations of the teacher and/or school. Anyone with such experiences or experience with PBIS could please provide guidance? Also, is it okay to sign IEP without understanding what their intention is? Any suggestions or help is appreciated. Thanks, Concerned parent.

    Absolutely ask the school to explain it further, but generally, this is common for schools that are adopting positive behavior systems, and something you want them to be doing. What they mean is that your child should not be given negative consequences for undesired behavior, but instead any consequences should be part of a behavior plan that rewards the behavior you do want to see (vs. punishing the behavior you don't want to see). My guess is that your school is just beginning to use this system, and also that students with IEPs are more likely to be punished in negative ways, so they are codifying that the consequences need to be tied to the new positive behavior system. But they should be able to explain what this means at your particular school (and for your particular child), and you should definitely feel comfortable with everything in the IEP before signing it.

    NEVER sign an IEP if you don't understand it fully! 

    That being said, this sounds to me like they are trying to encourage positive reinforcement rather than teachers snapping at the kids only for behavior that's deemed negative or disruptive. I can say from personal experience that this is needed. This is about how the teachers handle disruptions, not whether your specific kid is disruptive. 

  • Hi Parents- 

    My husband and I are feeling at a loss about our son's educational progress and would love to hear from other parents that might have been through the same thing. 

    Our son is a first grader at a public school in Los Altos, he is happy, friendly, well behaved and generally loves school. We have always known he may have some ADHD or other LDs since they run in both sides of our family. We began noticing some attention and processing issues about mid-way through kinder last year and made a formal request to the district to have him assessed. After a group SST meeting the team had encouraged us to wait until he was 6 to just make sure that this isn't a maturity issue. Although my gut told me it wasn't a maturity issue we did agree to wait until he turned 6 to reconvene. 

    Long story short, they were not very helpful and actually pushed off his testing to the beginning of first grade. Once they formally assessed him they did note that he presented with ADHD-Combined (we have a formal diagnosis as well) but since he falls in the "low/average range" for state scores (even though he is reading at an emerging kinder level for our district) they determined he did not meet the criteria for an IEP. We left the initial meeting feeling defeated, unheard and concerned that our son will continue to just flounder. We ended up hiring an educational advocate who helped us reconvene our SST team and share our disappointment that they didn't find he qualified. They offered us a 504 plan and we have been trying our best to get the most out of it but at our teacher conference this week his classroom teacher said that he isn't advancing as quickly as he could because he needs more support (not just modifications that come with a 504). The teacher, as well as our pediatrician have concerns about his auditory processing speed and also his lack of fine motor skills (poor pencil grasp, incomplete letter formation, etc). I really feel like because our son doesn't have behavior issues (he is very social, has friends and can keep himself from wiggling too much with the help of his hokkei stool and fidget toys) his needs aren't being addressed very quickly. 

    It is our understanding that as parents we have the right to request an Independent Educational Evaluation performed by people outside the school psych and resource specialist to better understand his issues and ultimately help him get more support so he can thrive and not struggle so much but I am not sure how to request this. We'd like to do at least some of it on our own to save some money on educational consultants but we honestly aren't even sure where to start. 

    Any advice, suggestions or experience in this are would be greatly appreciated. 

    Sincerely, 

    Concerned and overwhelmed mama

    Hi, our experience is with a different school district, as we’re here in Berkeley, but just wanted to say it’s quite often a “fight” with the school district to get services. Sometimes a long and expensive fight. Since he qualifies for a 504 but not an IEP, I’m pretty sure your family (as opposed to the school district) foots the bill for any outside evaluation(s). Have you searched the BPN archives?  There are lots of discussions of these issues. Two organizations that could help, although both in the East Bay, are DREDF in Berkeley and Family Resource Network in Oakland. Best of luck..  

    Hi Mama! I have strong feelings about the fact that every time a child with special needs enters the public school system, the parents have to reinvent the wheel. I was you 8 years ago. My son is now 13 and I am pretty good at getting him what he needs after years of practice and help by DREDF and DRC and just working hard to learn the laws, etc. Now I am ready to help you because I think it stinks that there is not enough support for children and families of kids with special needs entering public school. The parents who know how need to help the parents who are new. First, here is an excellent and informative article from Wright's Law (which should be your new best friend.)  http://www.wrightslaw.com/info/eval.iee.steedman.htm   And second, if you need any more help or someone to bounce things off of, email me and I can give you my #. I would be happy to listen and help where I can.

    Bonnie

    Hi Concerned and Overwhelmed -

    I'm so sorry to hear about your experience. It can be confusing, overwhelming, and demoralizing to deal with schools and districts when your child needs to be assessed, or needs/has an IEP. I do lots of advocacy work, and am happy to talk to you about how to ask for an IEE, and how to navigate all of this.

    In the meantime, let the SST team know you would like an IEE done at the school's expense. An email will suffice. 

    The district then has to either agree to pay for an IEE with a district-approved assessor, or give you what's called Prior Written Notice. 

    If they refuse to pay for an IEE, you can proceed to Due Process with an attorney, but hopefully it won't come to that.

    You can also ask the district to accept the formal diagnosis you have from before, although it sounds like there might be some other deficits you want identified.

    Hope this helps somewhat. Please feel free to call me.

    Tatiana

    Co-Director, Classroom Matters

    917.969.6923

    I went through the same thing with  I daughter in Lafayette. The more well-to-do schools unbelievably, are not quite equipped to deal with special needs and therefore push it away. I'm surprised your advocate didn't do or have more help. There is specific testing that can show deficiencies in specific auditory problems . Deborah Swain, PhD is excellent at diagnosing and treating auditory issues. Feel free to contact me as she helped my daughter. 

    We are going through this ourselves.  Just write a letter requesting an IEE to the district special education contact.  They legally are required to respond, either by accepting it, or by denying it and then you got into due process with the courts.  It's messy, but this is how school district's operate.  They count on parents not contesting and not being willing to go to court.  You wouldn't need to hire a lawyer until the mediation process, but it might be worth checking with one if they deny your IEE request.

    DO NOT, DO NOT accept a 504 for a child with this type of disability.  There are no legal teeth in a 504.  After the school district assesses your child, and you don't agree with the assessment, you can request the free, IEE, paid for by the Calif Dept of Ed.  This is a very high-quality eval.  In your area, the Parent Training Institute is called "Parents Helping Parents."  408-727-5775  They can help you fill out the request for the IEE.  

    My blood just begins to boil reading how the District has been putting you off! This is soooo demoralizing for parents and children! Our son suffered from our BUSD putting us off, then finally doing a horrible assessment, using all the easiest tests, and though our son tested very low, STILL saying he didn't qualify!!  Nolo press has an excellent book ; it's called 'all about IEP's" or something along those lines and it explains every step in how to get to an IEP and how to get good services.  Meanwhile, I agree with another responder. Write a short note to the District's Admin office, keep a copy for yourself and have them date/time stamp it; on the note you write "We are having struggles with our child in the regular learning environment, and are therefore requesting an IEE at the District's expense." Find a GREAT Neuropsych person (we used Terry Doyle, PhD in Berkeley, she is outstanding) and request that person. District has to respond within a 'reasonable' amount of time. Our District didn't (strung us along for months), then we filed a Complaint with CDE with DREDF's help; took us a few hours, best hours we ever spent. Then we got a great outside evaluation, ordered by CDE. Make sure the outside Neuropsych person writes in the contract that he/she will come to the next IEP's meetings to present and discuss the report and how to proceed. Lastly, I hired a Slingerland reading/writing tutor myself (Jane Ashley, she was a GOD send), which the CDE ordered the District to reimburse us for. Help your son! Follow your gut! Districts are criminal in their negligence, IMHO.