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School Denying Requirement for Evaluation

artsyfartsy123 profile image
6 Replies

My child has recently been having issues with their teacher at school. The teacher has said some unkind things to my child even as going as far as letting them know they "should not even be in ____ grade they are in". My child has never had issues in regards to state testing and actually testing fairly high last year. In previous years, teachers have made comments that my child just takes more time to process things so we give them extra time. As I've started the grievance process against the school in regards to the comments and wanting documentation to why they feel my child should not be in the grade they are in, I have really started to dig into whether or not my child may in fact have ADHD. The school has stated that they are not responsible for any type of identification, referrals, or evaluation but they would have the teachers complete the NICHQ forms I turned into the front office and my only option is to have an MD diagnose my child. Everything I have researched has stated otherwise and a diagnosis from a doctor is not actually even required. What should be my next step if I have already asked the principal what can be done? Do I submit it in writing? Submit another grievance specifically in regards to section 504? Reach out to our regional office since we only have one elementary school within the district and that specific principal is the one above all of the section 504 requests? I'm just at a loss for words at this point on how everything has been handled.

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artsyfartsy123
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6 Replies
Imakecutebabies profile image
Imakecutebabies

That sort of comment froma teacher is horrible and unacceptable.

However, the school cannot diagnose ADHD. That diagnosis needs to come from a doctor.

You can request IEP testing in writing if a learning disability is suspected, and they must comply by law.

However, if your think your child just needs Section 504 accommodations, it will be best to pursue the ADHD diagnosis first, so that you have a documented disability when requesting the 504.

I would start by contacting your child's pediatrician or an outside psychologist.

Good luck with the journey.

Momtrying profile image
Momtrying

I agree with above comment. Get an appt with your child’s doctor for the diagnosis. Have you had the teacher fill out a Vanderbilt test? That would be good to take to the dr. Good luck!

If a child has ‘inattentive ADHD’ but without the physical hyperactivity and non compliance/ impulsivity aspect then it can be hard to make school want to help your child (because your child doesn’t disturb other children). Then it’s in your child’s advantage to have a diagnosis and maybe even medication to help them focus and complete the tasks rather than sitting there and ‘day dreaming’.

Equally I know the case of a child who has ‘hyperactive/impulsive’ ADHD but it doesn’t impact on his focus so his school performance is great and he takes everything in even when he moves around and disturbs the whole class (so he does above average in all tests, he loves reading and creative writing and has very high IQ). Mum of this child told me that school told her that it’s not possible he has ADHD as he’s doing well in his academic achievement. School basically says that he’s naughty (he some days had to be asked out of the class 5 times in one day and of course we know it’s not the strategy that will work with kids with ADHD). It seems schools don’t get it that there are 3 types of ADHD.

So anyway, bottom line is it’s best to have things diagnosed so school can’t be using their preconceptions about the child. They will have to accept the diagnosis.

anirush profile image
anirush

Every time I have dealt with schools they have a teacher do an evaluation, the parent do an evaluation and then those results were taken to the doctor for a diagnosis. You have to have an official diagnosis from a health professional for the schools to give you an IEP or 504

Aspen797 profile image
Aspen797

I am so sorry to hear that your child’s teacher said such a hurtful and demoralizing thing. It’s one thing to feel frustrated, it another to act on it. That’s inexcusable.

As other parents noted, you have two avenues for help through the school—section 504 /Rehab Act or IDEA /IEP. The former is intended to “level the playing field” for children with disabilities by giving accommodations that allow equal access to public education-think ramps for wheelchairs, extended time on tests for poor processing speed, etc. Info on eligibility here: parentcenterhub.org/section...

The latter provides everything that the 504 does but has additional protections and requirements. You are right that if you put in writing a request for evaluation for special education services and you specify your concerns, they are required to evaluate whether your child qualifies for services. Check out this website for more detailed information and timelines: parentcenterhub.org/evaluat...

If you know of a nearby university hospital, they are often good sources for outside evaluations. You can start with Developmental Behavioral Pediatrician which is usually covered by insurance. But you are not required to have a diagnosis to get education services—-it just helps support your case and gives you more information about needs which can be helpful in deciding what help or accommodations to ask for.

JadedLife82 profile image
JadedLife82

Actually, it’s possible for you to request an IEP for your child to be able to get commendations and the school district is supposed to do a few different types of tests and observations of him during class, but they are not able to make a diagnosis of any kind. That is a something that has to be done by a medical professional. They can be a pediatrician, child psychiatrist, therapist that is caring for your child. I am aware that it’s not easy to get an appointment for any of these types of people, but they are the only ones who have the ability to make a decision on your child mental health. IF YOU REQUEST THE SCHOOL TO TEST AND ASSESS YOUR CHILD THEY HAVE TO DO IT. If you have any issues with them regarding your request I recommend getting in touch with your local child advocates groups. Trust me that if you have an child advocate that is going to be one of the most difficult situations for the school district, because the advocate has a legal obligation to report to the federal legal system when it is apparent that any institution is not following the laws that are in place to help child get support at school. The Students with Disabilities Act also apply to students who are not officially diagnosis,but they are in the process of getting a diagnosis and that request for the school to test and assess has been done. I recommend that you visit the website community CHADD.com. They will be able to provide you with the most information on the whole situation and how to get the ball rolling.

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