Special Education Placements

During the summer after 4th grade, Sadie’s parents were worried that 5th grade would be as difficult, if not worse, compared to 4th grade. There were no signs that the current level of IEP services would be sufficient to meet Sadie’s academic needs and help restore her love of learning and school - not to mention her confidence and self-esteem, which were typical prior to 4th grade. That summer, Sadie’s parents scheduled a private neuropsychological testing to determine why she was struggling so much in school. In contrast to the school’s evaluation, which rated Sadie’s reading as one year behind grade level, the neuropsychologist had rated her reading as three years behind! Sadie received a formal diagnosis of dyslexia, which her parents learned was not among the list of disability categories used for IEP eligibility. Sadie was also diagnosed with attention and executive functioning weaknesses, areas that were addressed in her IEP as “study skills.” The testing also found that her overall intellectual abilities were at a higher level than when tested by the school psychologist. Her parents attributed the previous underestimation of her abilities to how anxious Sadie was in school all the time. She may have felt more at ease when tested outside of school, which enabled a more accurate picture of her true abilities. Her parents stated, “It was wonderful for Sadie to hear that she was smart!” The neuropsychologist also recommended that Sadie receive individual therapy to help her manage the enormous amount of stress she was experiencing. When the IEP Team met in September to review this report, they recommended that Sadie be placed in the district’s Language Program, a substantially separate classroom of 6-8 children with dyslexia and other language-based learning disabilities. This meant that she would only be placed in the general education classroom for art, gym, and music, but none of the main subject areas. The downside was that the program was located at a different elementary school within the district. Sadie had close friends who attended her old school, so at first she was reluctant to try the new program. After Sadie and her family discussed their hopes for a better school experience, they agreed it was a good place to start. The neuropsychologist agreed but mentioned that some children respond well to these classrooms while others require more specialized teaching methods, such as those offered at private special education day schools. Sadie’s parents decided to consult with an attorney for guidance, in the event that the new program was not all that they hoped. They were scared about what 5th grade might bring and wanted to be prepared. The new classroom seemed promising in the first few weeks of school, but before too long, 5th grade began to feel a lot like 4th grade. Sadie became increasingly frustrated, felt stupid much of the time, and at times ran out of the classroom in tears. Their attorney advised Sadie’s parents to request that their neuropsychologist conduct a classroom observation to determine whether the recommendations from his report were being followed. He concluded that the new program met some of Sadie’s needs: small class size, some multi-sensory, language-based teaching, and Orton Gillingham tutoring. However, there were a number of ways that the program fell short. For example, the peer group was not an appropriate match for Sadie’s more advanced cognitive abilities. Sadie’s complex profile meant that she was 3 years behind in reading ability, but she was functioning at grade level in other academic areas. The language program taught all kids the same content, assuming all kids were 2 or more years behind in math, science, and social studies. The neuropsychologist’s reports became the basis for their attorney’s argument to the school district that they were not providing FAPE (free, appropriate public education) to Sadie, as she was required to be taught content appropriate to her ability level but at a slower pace and with more repetition than in the general education classroom. In the meantime, Sadie’s parents began to visit some local private schools that serve children with dyslexia (recommended by their neuropsychologist as a good match for Sadie’s profile). After many months of Team meetings and additional services bringing about no changes, their attorney built a legal case for Sadie to be placed in a special education private school for students with dyslexia. They filed for a hearing with the Board of Special Education Appeals (BSEA). Sadie’s parents described that “once the date was set, it was as if the school district began to take things more seriously. Our lawyer and the school’s lawyer negotiated a settlement through a series of phone calls. This was expensive, but less than it would have cost to go to a full hearing!” Because Sadie’s settlement agreement was confidential, her parents cannot tell others what percentage of the private school tuition is paid by the school district, and how much the parents have to pay. “We would have loved for the district to have paid more of the tuition plus transportation costs, but our attorney said that school districts rarely do that when they offer their own Language Program. So we are happy with the way things worked out.”