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I.E.P and Behavioral Intervention Plan? I need advice. ?

My eight year old has had an I.E.P since before he was in preschool. his problems started with a speech and language delay at the age of three. At the age of four and a half he was diagnosed with A.D.H.D, but it was not included in his I.E.P. In first grade I requested a re-evaluation because I had concerns about his Behavior at home, and there were anxiety concerns with school. He was e-valuated by a child psychiatrist and even had an I.Q. test. His I.Q tested at 130 but his classroom performance was much lower than that. The school wanted to label him Emotionally Disturbed, but I refused that label. We were able to proceed that year with out that label. We did not obtain a behavioral intervention plan at that time. Now he is in the third grade. He has had multiple violent outbursts at school that resulted in lunch time detentions, and now after school detentions. The next step is a suspension from school. I was not made aware of any of these outbursts, neither through parent teacher conferences held a month ago, nor through telephone communication, until I got a letter informing me of the after school detention last week. I requested a meeting with the principal to discuss this and was informed that because he did not have a behavioral intervention plan the school was not required to notify me. The also refused to take his Disabilities into consideration when using this discipline. I'm being informed now that they can suspend him if necessary unless a behavioral intervention plan is obtained. I requested another re-evaluation today at our meeting. Should I go ahead with the emotionally disturbed label if it comes up again? I could use some advice from someone that has been through this before. We live in Illinois if that helps.

Update:

He's still in Special Education. When we refused the E.D. label we went with O.H.I. instead. I wasn't ever told about a Behavioral intervention plan until my meeting with the Principal the other day.

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  • 1 decade ago
    Favorite Answer

    I agree the thought of lack of behavioral plan equaling no parental notification is a piece of crap. I can't imagine the school not notifying you about an violent outburst. Ask for that to be put on the Prior Writen Notice at the next meeting if they stand by the fact they don't have to notify you. We use that as the summary of the meeting page and lawyers call that the money page. It can say parent say X and school staff say Y. You can also hand write that in if you have to do so. I'd ask for a special education central/district office specialist to be present.

    I think there's more going on with him than ADHD and a re-evaluation with a child psychiatrist needs to be done. ADHD kids can have bad outbursts, but he intellectually gifted and a little old for that to explain it all. The psychiatrists findings may be the deciding between the emotionally disturbed and other health impairment labels. You can also call the state department of education's special education department and ask for the exact definitions. They might also be available through their website.

    I'm also wondering if the school is getting the impression that he's spoiled. That's an impression that teachers can get of the parents that advocate for their children. So take it advocating seriously (and you certainly need to in this case) but then tell them what you are doing to follow through to discourage the behaviors at home - counseling, meds, time outs, whatever. You want a positive working relationship with the school. Stand your ground, protect your child, but also offer up a little of what the school wants to hear. Hopefully, it make you guys partners in your son's education rather than adversaries.

    Source(s): Special education teacher
  • Kelly
    Lv 5
    1 decade ago

    You need to locate an advocacy group that can help advise you and may also go to the IEP meeting with you. Its ridiculous that they would tell you that they do not have to inform you when they knew he was already having problems. He does not have to be labeled emotionally disturbed to get a behavior intervention plan. He is acting out because he is not getting the help he needs in school. If he has a high IQ and his school performance does not show this then he probably has some learning disabilities. If it has been 3 years or more since he was tested then they have to retest him if you ask. If it has been less but he is having a worsening of his problems then they have to retest. Educate yourself about special ed law, go the the website wright's law.com. Whether your child had previous problems or not the school should be notifying you if he is getting into trouble. You talked with them several times, its reprehensible that they wouldn't tell you. Find the name of a lawyer because just knowing someone may be a help whether you have to use them or not. Good luck and if you need any more help email me.

    Source(s): experience
  • 1 decade ago

    Education does not use the same diagnoses / categories as the medical world. For example, ADHD is a medical diagnosis, but there is no special education categroy called ADHD. There is also a cagtegory for pre-school students called Developmental Delay but that label can only be used to the maximum of age 9. This site tells you the disability categories from the Illinois State Board of Education (ISBE) website http://www.isbe.state.il.us/spec-ed/html/categorie...

    When he had the re-evaluation, in first grade and you refused the Emotionally Disturbed label, was he dismissed from special education? If so, your rights are very much diminished. For example, a student with a disability cannot be suspended more than 10 school days in a year. http://www.isbe.state.il.us/spec-ed/pdfs/guidance_...

    Even if your son is not in special education anymore and is in general education, the school should still be taking steps to do behavioral interventions with your child. These woudl be positive bheavior interventions and supports or PBIS http://www.isbe.net/spec-ed/pdfs/ebd_pbis.pdf You can ask the school to use a Response to Intervention (RtI) model in your son's evaluation for emotional problems to see if he will be able to be successful with a behavior intervention in his general education class without the special education label.

    So it is your choice, you can have the special educaion label and all the safeguards or give up the label but have no access to the safeguards and supports.

    In a nutshell, it sounds like the school is mad at you for not accepting the ED label and is taking it out on you. I gave you sites specific to Illinois law above. The www.wrightslaw.com website is a site specific to special education law and a wonderful resource. Good luck.

  • 1 decade ago

    I am a teacher and I can tell you that the school is right. Unless there is a documented IEP, the disability does not have to be considered when discipline is administered.

    If the behavior is a result of the disability, the discipline can be lessened to accommodate for it.

    I am also surprised there has not been much contact from the school so far considering that kinds of behaviors you are describing. But maybe they feel, from the past dealings, that you are not willing to acknowledge the true underlying problem, so there is not much to discuss.

    There is nothing wrong with a label. Think of it this way...Once there is a label, help can actually be attained. Otherwise, teachers cannot truly help your child in the way that is best for him. The label is like naming the knocking sound in the car engine. Once you know what is causing it, you can get it serviced. Otherwise you try all these other things and nothing seems to change it.

    His violent behavior cannot be ignored. If nothing else, it is interrupting his education incredibly! But on another note, imagine how you would feel if he seriously harms another student (or even adult) and the school says to the other parent, 'We tried to take care of the problem, but the parents wouldn't let us. Don't sue us, go sue them.'

    No one wants to hear that their child isn't perfect. I cried when I realized my own child has learning disabilities. But my job is to do what is best for him even if he doesn't like it.

    Trust me. You are not helping him win friends and allies by ignoring the problem. I have found that children are MUCH more understanding of disabilities than adults are. Once they know there is a significant reason for a classmate's behaviors, they are willing to help. He will have more chance at friendships if you go the route that gets him help.

    Remember too that children with emotional disabilities get help from social workers who help them learn how to socially interact appropriately. It's not about "take him out of the class to get him away form other kids" but more along the lines of "give him an environment where he can be the most successful", and perhaps, that's NOT in a room with 20 other kids.

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  • 1 decade ago

    I am a parent/teacher coach, and I focus on exactly the issue that your son is having. Your child qualifies as gifted and talented because of his IQ score. Gifted students often demonstrate ADHD-type behaviors (impulsive, distractible, emotional intensity), and gifted students can also be underachievers for a range of reasons. Getting to the root of his frustration and behavioral challenges will help you and teachers develop a plan to improve his behavior. Please give me a contact me if you'd like...I'd love to talk with you and help develop some ideas to help you and your son. Melissa. melissamalen@yahoo.com

  • 1 decade ago

    Ask for an IEP meeting in writing. Ask for the behavior plan. I would not accept an emotionally disturbed dx. They can use anxiety or OHI-other health impairment.

    Source(s): mom to a 7 yr old sp. ed son whom the school wanted to dx TMH-trainable mentally handicapped (moderate mental retardation), we disagreed, got the IEE which found him to be average to below average cognitive functioning, and the dx ended up being DD. He does have a behavior plan as well.
  • 1 decade ago

    ''because he did not have a behavioral intervention plan the school was not required to notify me. ''

    That is a bunch of crap.

    Go to this message board, there's a lot of great people there who can help you -

    http://www.millermom.proboards107.com/index.cgi?bo...

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