Abuse Parents Endure When Their Child Needs Special Education

Abuse Parents Endure When Their Child Needs Special Education

This is one family’s experience trying to get their child an IEP and how the school district abused the family. The names have been changed for the family’s privacy. However, this same story happens daily to many families and children. In fact, I have three other families I am currently working with where the school district is doing similar things. Instead of decreasing, it appears the abusive behavior by the school districts is increasing every year. Therefore, parents please read carefully because you never know when you may be facing the same issues.

The story of Tara and her daughter Payton is a common story I have heard many times from families who have children who need an IEP. Prior to the age of 4 years old Payton was diagnosed with a speech and auditory processing difficulties. Payton was behind in her speech developmental milestones and attending preschool to address these issues. However, no one explained to Tara, Payton’s mother, what this diagnosis meant or the prognosis. Neither did anyone explain to Tara about the special education services she was entitled to.

Payton started kindergarten and do to her difficulties she needed to repeat kindergarten. Again, no one explained to Tara, Payton’s mother, how this may impact Payton and they also did not explain any other options, Tara agreed. She was not alarmed because Tara had to repeat kindergarten herself.

However, this started a never ending cycle, where Payton was not meeting the standards for her grade level even when she was receiving Resource Assistance. Tara stated some Resource Teachers were great and others knew very little about auditory processing issues so her daughter received no help.

Tara, watching her daughter struggle, decided to do her own research. She found out more about her daughter’s learning disability and that there was a private school which specialized in this learning disability. Mount Diablo School District continued to lie to Tara as she asked more questions. Also the District went to Payton’s father and lied to him. They told him if Payton’s mother was successfully in getting Payton into the private school, he would have to pay upfront. The District said they would reimburse him later. This is a lie. Also it is not uncommon for the school district to take advantage of a divorce situation and play the parents against each other.

This resulted in a long fight with the school district and in the family court. Payton is in 6th grade and after many years and a great deal of time and money, the fight continues. Mount Diablo School District never looked at the price Payton was paying not receiving the education she is entitled to and having to endure her parents fighting each other in the courts.

This could have been handled very easily if someone was honest with Tara and told her what her daughter was entitled to and if the District followed the legal guidelines. However, they lie to parents all the time hoping parents will give up. If they do, then the District doesn’t need to pay anything and can use the money how they want. Tara was a prime target. A single parent who does not have a lot of time or money. Mount Diablo misjudged Tara, she would not give up on her daughter.

Tara also found out something else parents need to be aware of when dealing with the IEP process. The parent liaisons provided by the district are not there to help the parent or the student. They serve as another way to confuse parents by providing incorrect information to parents. Most parents trust these people believing they are on the student’s side, but they really are there to support the District.

As I said, Tara and Payton’s story is not uncommon. I have worked with many other families who have very similar stories. Also as I stated above, the number of families in these situations are increasing not decreasing. Parents tend to believe school districts have the students best interest at heart. This is how it is suppose to be. However, I have worked with families across the United States and what I have seen is that school districts have their best interest at heart not the students. Tara had a very good way of stating the problem, “the child is the one who struggles for not having their needs met academically”.  How many more parents are out there with struggling students who have been given the same bad information?  I don’t know.  But we need to help them help their child, or these children will be at risk of dropping out and struggling the rest of their lives.  The school district is actually helping create children who are unable to get jobs and will be unable to afford decent housing when they become adults.  And that is a very very scary reality, no one wants to talk about it because it’s not their child who is at risk. However, it could very easily be your child. What do you do then?

Parents need to come together and demand that their children be provided the accommodations they are entitled to. Look up the educational law so you are aware of the appropriate procedure and accommodations. Also do not be embarrassed for standing up for your child’s rights. You are just being a good parent. The school districts need to look at how they are treating children. Also when it comes time to elect the school board, research the candidates and elect those who have a history which demonstrates they truly care about children.

Dr. Michael Rubino is a psychotherapist with over 20 years experience treating teenagers and children. In addition he has over 20 years experience serving as an IEP advocate for families. For more information about Dr. Rubino’s work or private practice visit his websites http://www.RubinoCounseling.com or http://www.LucasCenter.org.

Helping Parents with IEP terms

Helping Parents with IEP terms

The school year is starting and so are IEP meetings. An IEP refers to an Individualized Educational Plan that the parents and school agree upon. This plan is a legal agreement which states the school environment and accommodations a child needs in order to benefit from their education. Unfortunately not all schools tell parents about all of their rights they have at their child’s IEP meetings (Individualized Educational Plan). Also they do not fully explain all the terms. This creates a great deal of confusion and anxiety for parents. Typically any time I write an article regarding IEPs, I receive emails from parents across the country asking if they are being treated fairly in their IEP meetings.

A common term that is used at IEP meetings is Least Restrictive Environment. At times this term is used to deny a child services. Parents may be asking about Resource Assistance or a Special Day Class and the school may say the Resource Room is not an option because it is not the least restrictive environment. They may insist that the child be placed in a general educational classroom. In other words, the typical classroom people think about when they think of a classroom. However, placing a child in a general education classroom or school is not always the least restrictive environment. Also schools and at times parents may worry about how much inclusion their child will be receiving with the proposed IEP.

Inclusion refers to providing children, who need special educational services, access to the general educational atmosphere and students. However, this is not always the least restrictive environment for your child. The least restrictive environment is the environment in which your child will benefit the most from their education. This may not always be a general education classroom. Remember, least restrictive refers to the environment where your child has the least amount of difficulties learning so they can benefit fully from their education. Therefore, a Special Educational Classroom may be the least restrictive environment for your child depending on their educational needs. If they will benefit more from their education in a Special Day Classroom then that is the least restrictive environment for your child.

This can be a confusing term to understand especially since most people have been lead to believe that inclusion is the same thing as the least restrictive environment. I have included a link to a video which further explains this term. I strongly recommend you watch it so you have a clear understanding of what least restrictive environment refers to and what inclusion refers to https://youtu.be/I7HFRF8y288.

Dr. Michael Rubino is a psychotherapist with over 20 years experience treating children and teenagers in Special Education. He often assists parents with IEPs and school accommodations. For more information about Dr. Rubino’s work or private practice visit his websites http://www.RubinoCounseling.com or http://www.LucasCenter.org.

Gifted Kids Sometimes Need Special Ed Too

Gifted Kids Sometimes Need Special Ed Too

Many parents are very happy to hear that their child has been classified as “gifted.” They assume that their child will do very well in school and have a very bright future because they are “gifted.” While “gifted” children may excel in certain academic areas, often they have difficulties in other social situations or academic areas. These children are called twice exceptional children. Research by John Hopkins estimates that one out of five children are twice exceptional or 2E which is a more common term. Therefore, John Hopkins estimates that there are approximately 700,000 2E children in the United States.

Wikipedia defines 2E children in the following way:

A 2e child usually refers to a child who, alongside being considered gifted in comparison to same age-peers, is formally diagnosed with one or more disabilities. Although 2e can refer to any general disability, it is often used to refer to students with learning disabilities, although research is not limited to these areas, and a more holistic view of 2e can help move the field forward. The disabilities are varied: dyslexia, visual or auditory processing disorder, obsessive-compulsive disorder, sensory processing disorder, autism, Asperger syndrome, Tourette Syndrome, or any other disability interfering with the student’s ability to learn effectively in a traditional environment. The child might have a diagnosis of attention deficit hyperactivity disorder, or diagnoses of anxiety or depression.[6] Often children with 2e have multiple co-morbid disabilities than present as a paradox to many parents and educators.

Many people may find this hard to believe, however, as a psychotherapist who specializes in treating children and teenagers, I have seen many “gifted” children who do have the disabilities listed above. A common issue I have encountered is that “gifted” children often have difficulties making friends and dealing with social situations. If they had not been classified as “gifted”, parents would see that they do meet the criteria for Asperger’s Syndrome. Another common issue I have seen in psychotherapy with “gifted” children is that they have difficulties organizing their ideas and maintaining sustained attention. These children meet the criteria for ADHD.

One of the primary difficulties for these children is since they have been classified as “gifted,” many schools do not want to offer support services for a “gifted” child who has ADHD or a processing problem. Because they are not receiving the academic support they need, many of these children suffer with depression, anxiety and low self-esteem. These children often become very frustrated and start to act out at home and at school. They are trying to tell the adults in their lives that everything is not okay and they need help. I have seen this many times with “gifted” children that I see for psychotherapy. It also creates a great deal of stress for the parents. They can see their child is having difficulties and the child is complaining about difficulties, but the school tells the parents the child is doing fine because they are “gifted.”

The research from John Hopkins University shows us that the two are not mutually exclusive. A child can be “gifted” in one area and have a learning disability in another area of life. Therefore, a “gifted” child may need a 504 plan or an individualized educational plan (IEP). Therefore, if you are the parent of a 2E child and you notice that your child is having difficulties at school, do not be afraid or nervous to advocate for your child. To make this easier, I have included a link which discusses misconceptions about 2E children, 7 Myths About Twice-Exceptional (2E) Students http://u.org/2hp0dNU. I am also providing a link to a newsletter for an organization which helps parents with 2E children and advocates for them, https://www.google.com/url?sa=t&source=web&cd=3&ved=0ahUKEwiv8PmrxYDYAhUH6oMKHbmyD10QFggiMAI&url=http%3A%2F%2Fwww.2enewsletter.com%2Farticle_2e_what_are_they.html&usg=AOvVaw35GmKdn_P9FJzqMBPkMMrD.

If this sounds like your child do not panic. Arrange to have your child evaluated by a mental health clinician who is familiar with 2E children. They can help you develop a treatment plan and let you know if your child needs accommodations at school. If your child needs accommodations at school do not pay for any psychological testing for your child. According to California law, the school district has the right to test the child first. They do not have to accept outside testing, if the district has not tested the child. If you disagree with the school district’s testing, say so and request a second evaluation. This evaluation is completed by a professional not associated with the school district and the school district pays for the testing not you.

Dr. Michael Rubino is a psychotherapist with over 20 years experience treating children and teenagers. In fact, he specializes in treating children and teenagers. If you want to know more about Dr. Rubino’s work or private practice visit his websites http://www.RubinoCounseling.com, http://www.LucasCenter.org or his Facebook page http://www.Facebook.com\drrubino3.

The Lies Schools Tell Parents about IEPs

The Lies Schools Tell Parents about IEPs

The school year is starting soon and students with IEPs or 504 plans will be having their yearly review deciding if a child still qualifies for an IEP (Individualized Educational Plan) or a 504 plan. Also for parents who requested their child be evaluated for an IEP, they will soon be having their initial IEP meeting to determine if the child qualifies for an IEP. I have posted this article before, but it appears I need to post it again. Once again, I have been hearing from parents all over the country who are afraid about lies they are hearing from their child’s school. Many of these parents are panicked and overwhelmed. They know their child needs help at school, but they do not want to ruin their child’s future. Additionally, many parents do not know what their child is legally entitled to and the school districts take advantage of this fact.

The issue that parents are feeling confused about is should their child have an IEP or a 504 plan. An IEP is for children who are having difficulty learning subjects in the classroom. They do not have an IEP because they are not intelligent. They have an IEP because they have a different learning style. I have seen numerous parents and received numerous emails from parents stating their child’s school has told them an IEP would mark their child for life as unintelligent and possibly bankrupt the school district. None of these remarks are true.

An IEP will not stop your child from getting into a college or getting a job as an adult either. Not having a decent education can stop your child from getting into college or getting a job. Therefore, if your child needs an IEP and not a 504 Plan in order to benefit from their education, not having an IEP could stop your child from getting into college or a job because they failed to receive a proper education.

Also think about when you applied for college or a job, did they ever ask for your middle school or elementary school records? The answer is no. Therefore, there is no way for a college or job to know if your child ever had an IEP unless your child volunteers the information when they apply for college or a job. Once again, colleges and jobs never ask an applicant if they ever had an IEP. Actually, an IEP can help students receive additional time taking the SAT and ACT and assist them in college if they need it. So actually, it can help a child applying to college.

As for the idea that an IEP will bankrupt the school district, this is absurd. The school districts have plenty of money to provide children who need an IEP with an IEP. A 504 plan costs the district nothing and if the district fails to comply with the 504 plan, you really have no legal recourse. However, an IEP is a legal agreement and the laws governing IEPs are the same in every state in the United States. Also if a school doesn’t comply with an IEP, you have a number of options including legal options.

Also parents please do not pay to have your child psychologically tested or undergo any educational testing by a private mental health clinician. Legally, the school district does not have to accept these tests results. The school has the right to do all testing first. If you disagree with the school’s tests results, you can contest the results and request that your child be re-evaluated by an independent clinician. If you request an independent evaluation, you can select who does the testing and the school district must pay for the independent evaluation not you.

The only testing schools currently are not doing are assessments for Attention Deficit Hyperactivity Disorder (ADHD). Too many children were being diagnosed with ADHD and now these assessments need to be done by a mental health clinician in private practice. These evaluations you do have to pay for.

Another issue I am receiving a large number of emails about is that the school is not doing anything. Parents are saying they are hearing from the school that their child is distracted in the classroom and not doing well on tests or homework. However, the school is not doing anything. If you feel your child needs to be assessed, you need to submit a written letter requesting the evaluations to the principal. Requesting it verbally does nothing. Legally you must submit a written letter to the school principal in order to start the IEP process.

Another suggestion, parents before you panic or feel guilty about not signing that you agree with the assessments by the school because the school is pressuring you to accept their recommendations, stop and think. Look at the proposed plan and decide do you think this is really what your child needs or is the school bullying you into signing their proposed plan. If you have doubts, don’t sign the agreement and seek a second opinion. You are the one in charge not the school. The school district cannot do anything until you sign the agreement. I have seen many parents made to feel guilty if they do not sign the school’s plan. You are not a bad parent if you do not sign right away, you are a cautious parent. If you do not agree with the proposed IEP plan, you can sign that you disagree and do not accept the proposed plan. There is a space on the form for you to do so. If you reject the plan, you will not ruin your child’s education. If you reject the plan, it simply means the school district needs to do more work to develop an acceptable plan. However, I have seen many school districts doing what is best for them financially not what is best for your child and making parents feel guilty. There is no need to feel guilty if you do not accept, the first option presented. Think about it when you are selling or buying a house, you do not automatically accept the first offer and you do not feel guilty.

If parents are divorced, you face some additional challenges especially if you are having difficulties co-parenting with your ex-spouse. Some districts have called the parent who is more willing to sign and gets them to agree to sign and close out the IEP. I have also heard stories where the district encourages the arguing between the parents to get the parents to drop the process or for one to become so angry the parent signs the IEP to irritate the other parents. Yes it sounds unbelievable, but I have seen it happen many times.

I encourage any parent dealing with the IEP process or a 504 plan to take things slow. Ask all the questions you need and seek a second opinion if you feel you need one. You do not have to sign any documentation right away. Remember, you can sign that you do not agree and need more time. School districts are going to push you to sign right away, but legally you have every right to take some time and consider their proposal. Please do not be afraid to assert your rights. You are doing what best for your child’s education and future by taking time to review everything.

For more information about IEPs and 504 plans visit the website http://www.lucascenter.org.

Dr. Michael Rubino is a psychotherapist and has worked with children and families for over 20 years. He also worked as an Intern at AB3632 for 2 years. AB3632 is a California program that provides counseling services for children in Special Education. They also participate in IEPs on a regular basis. Dr. Rubino has been an IEP Advocate for over 20 years. For more information about Dr. Michael Rubino’s work or private practice visit his website http://www.rcs-ca.com or http://www.RubinoCounseling.com or http://www.Lucascenter.org.

The Difference between an IEP and 504 Plan

The Difference between an IEP and 504 Plan

WHAT EVERY PARENT NEEDS TO KNOW ABOUT AN IEP and A 504 PLAN

By

Dr Michael Rubino

School will be starting soon and many parents will need to decide if their child needs an Individual Educational Plan (IEP) or a 504 plan. Many parents do not know what an IEP is or what a 504 Plan is in regards to a child’s education. Also many parents are not aware of their rights or their child’s educational rights. I receive numerous emails from parents anytime I write about IEPs. Therefore, here is an article describing IEPs and 504 plans for parents.

Parents here is important information about Individualized Education Plans (IEP) and 504 agreements. Besides ensuring that your child receives a good education, you do not need to pay for items such as special computer programs that the school district should be paying for not you. If your child has an IEP the school district is responsible for most educational expenses even a private school if necessary. Please read this article so you understand your rights and your child’s rights.

The beginning of the school year is fast approaching. Besides the mad dash to get ready for school and schools are going to start assessing students to determine if they qualify for an Individualized Educational Program (IEP). I am already hearing from parents how school districts are misleading them and pressuring them to sign an agreement for a 504 before the parents clearly understand the difference between an IEP and 504 plan. The definition for both is further down in this article. An IEP and 504 are not the same. An IEP is legally enforceable and has legal guidelines and time frames. An IEP follows a student from school to school or state to state. A 504 is not legally enforceable and doesn’t follow a child nor are there legal guidelines.

An IEP will not stop your child from getting a job or from getting into college. In fact and college because they still would be entitled to assistance and the State of California may pay for their books. Also educational records are confidential therefore, no one would know your child had an IEP in school.

Many schools say your child must be two grades below in order to qualify for an IEP. If you said your child had a math or reading disability this is true. However, if they have ADHD, Bipolar, school anxiety etc. they can qualify under OTHER HEALTH IMPAIRMENTS. All your child needs is a diagnosis such as ADHD which would interfere with their ability to fully benefit from their learning experience in the classroom. The 2 grade below level qualification doesn’t apply to this category.

Also if you have a child in private school and they would benefit from additional assistance, contact your child’s public school district. Even though they attend private school the public school district is legally obligated to provide your child with services.

One more issue, never pay for outside testing before the school district tests your child. They have the right not to accept any outside testing until they test the child. If you disagree with the district’s testing then you can request an objective testing from an outside professional and you can request that the school district pays for the testing and you can select the evaluator.

An IEP or an Individualized Education Plan is a document that outlines the specialized education services that a student will receive due to their disability. It ensures the student will receive the assistance necessary so they will receive an education.

When most parents hear disability, they usually think of a person in a wheelchair or a student wIth a learning disability. There are various condItions that can qualify as a disability. Depression, Bipolar Disorder or even diabetes. The disability is any condition that will interfere in the student receiving the same education as other students. The students who qualify for an IEP need accommodations which meet the criteria of needing specialized education. As I stated above their are numerous conditions which may qualify a student for an IEP.

if a student does qualify for an IEP, they also qualify for Special Education. Many parents hear this and are afraid or embassies. There is nothing to be afraid of or embossed about. If a student qualifies for Special Education, if the student needs speech therapy or special computer programs, the school district is obligated to provide the services to the student at no expense to the student’s family.

There is also an option called a 504 Plan. This was established in the Rehabilitation Act of 1973. The 504 plan ensures that a student with a disability will receive accommodations so they will receive the same education as other students. However, the 504 plan does not qualify a student for Special Education services and It is not overseen as closely as an IEP plan.

Currently, many districts are telling parents that their child does not need or qualify for an IEP and a 504 plan is just a good. This is not true. Many school districts are telling parents that their child does not qualify for an IEP because the IEP is more expensive for the district and most districts are trying to save money.The districts take advantage of the fact that as parents, you do not know all the differences between an IEP and a 504 so they can talk a family into a 504 plan easily.

If you find that your child is having difficulties at school due to a learning disability, health issue or emotional issue, consult an outside professional before you automatically assume that the school is giving you the appropriate recommendation.

I see many parents who have been told that their child is better with a 504 plan and that is not the truth. You can consult an educational consultant or a therapist who works with children. You can contact me at via my website http://www.rcs-ca.com. I help many families at their child’s IEP meeting. The main thing is, do not be afraid to ask if your child should have a 504 or an IEP. Also don’t let the district make you feel guilty because you want time to think and investigate the options. This is your child and you should never sign anything until you are sure it is in your child’s best interest.

I have added a link to a chart that will help you compare the two and understand the differences.

504 Plan vs. IEP – Education Centerwww.ed-center.com/504This pages lists the differences between an IEP and a 504 plan.

I have also added a link to a video which helps to explain the differences between an IEP and 504 plan.

Dr. Michael Rubino has over 20 years experience working with children and teens. He also has over 19 years experience working with children in Special Education and was an Intern for the AB3632 program which works with children in Special Ed and IEPs. For more information about Dr. Rubino’s practice visit his website at http://www.rcs-ca.com or his new website that deals specifically with IEPs, lucascenter.org.

Take Your IEP to College with You

Take Your IEP to College with You

Working with children and adolescents I have had many parents ask about 504 plans and Individual Educational Plans (IEP). Parents tend to focus on the assistance their child may need in elementary or high school due to a learning disability or mental health issues. Over 20 years as a psychotherapist, what I have observed is that children who need assistance in elementary and high school typically need assistance in college. However, many students are not aware that they are entitled to assistance in College too. Right now many students are preparing to leave home and start their new lives in college. Parents are trying to anticipate what their child will need at college, such as laptop etc. However, do not forget their Individual Educational Plan (IEP) so they can arrange for accommodations at their college.

From my experience, most families assume there is no assistance in college. However, typically if a child has an IEP, they are also entitled to assistance in college. Most colleges in their Counseling departments have people and programs designated to help disabled students. A student with a physical or learning disability or mental health issue such as ADHD or depression would qualify for assistance by the Disabled Students Program at a college. I have recently been receiving many questions from Parents about what happens to their child’s IEP when the go to college and questions from parents who have college freshmen asking about their child’s IEP. Therefore, I thought it would be beneficial to provide information about how IEPs are handled by colleges. In addition to an IEP, any student with a learning disability or mental health issue is entitled to accommodations by their college because they are covered by the Americans with Disabilities Act of 1991.

Additionally, if you live in California and you have a physical or learning disability or a mental health issue and if you had or did not have an IEP while in school, you may qualify to be a client of the California Department of Rehabilitation. This Department is responsible for assisting people in California, with a disability, find a job and get the education they may need to find a job. The Department may assist their clients by providing tuition assistance for community or state colleges and provide financial assistance to buy text books and school supplies. What they are able to do depends on the State budget.

This is another reason for parents to insist when their child does need an IEP that the school district places the child on an IEP. The lies schools tell parents that an IEP will prevent their child from getting into a college, the military or getting a job are not true. Another reason to insist on the IEP, if your child qualifies for an IEP, as a result of having an IEP, your child can be granted accommodations on the SAT or ACT. These are tests seniors typically need to take when they are applying to four year universities. The common accommodation most students require is additional time to complete the tests. I have had many teens with ADHD come to me seeking accommodations on the SAT or ACT. A common requirement that the testing boards require is that a student needs to have had an IEP if they are seeking accommodations on these tests.

Therefore, many students who have disabilities or mental health issues can receive assistance in college. While many people may be surprised, it is true. However, for many college students finding the assistance can be confusing and overwhelming. For a Freshman in college, dealing with heath or mental health issues, the confusion and embarrassment the feel at times because of society’s stereotypes can cause students to give up. The best place for a college freshman to start is the student counseling center. They can then direct them to the correct department and they can avoid some of the embarrassment and confusion.

Also I was contacted by bettercollege.com with a resource guide they developed for college students with mental health issues. While their guide was created for students with mental health issues, it can also be used as a guide for students with physical or learning disabilities. This guide can help a student not feel so overwhelmed or embarrassed too.

Since I feel this is a valuable guide to Freshman students and their families, I am including a link to this resource guide below:

Guide to College Planning for Psychiatrically Impaired Students – https://www.bestcolleges.com/resources/college-planning-with-psychiatric-disabilities/

Dr. Michael Rubino is a psychotherapist with over 20 years experience working with children, teenagers and college students. For more information about Dr. Rubino’s work and private practice visit one of his web sites http://www.RubinoCounseling.com or http://www.rcs-ca.com or his Facebook page http://www.Facebook.com/drrubino3.

IEP Categories Parents May not know

IEP Categories Parents May not know

Many parents are mislead and believe their child must be 2 grade levels behind before they qualify for an IEP. Here are the 14 ways a child qualifies for an IEP. The 2 grade level behind is not the only way., Therefore watch this video and learn about all 14 categories. This will help you when the school tries to not provide an IEP or remove one because your child is not 2 grade levels below in a subject. You will know all the categories that apply to your child and entitles your child to an IEP. Special Education Categories https://youtu.be/cFtg2xub10E via @YouTube