Davidson Institute for Talent Development
An interview (Q&A format) with Dr. Esther Sinclair, a Licensed Educational Psychologist and Director of the Educational Consultation & Advocacy Services at the UCLA Neuropsychiatric Institute.
Dr. Sinclair, can you tell us a little bit about your background?
I am a Licensed Educational Psychologist and Director of the Educational Consultation & Advocacy Services, UCLA Neuropsychiatric Institute. I am well versed in assessments, IEPs, learning disabilities, peer relations, and twice exceptional issues.
What if a child is highly capable and has a learning disability? How do parents make a good case for their child with the school?
Seeking an IEP or 504 Plan for a highly capable or high-achieving child can be very challenging depending on the situation. If a child is earning decent grades, it may be harder to prove that a child could be doing much better with special education services. Different states will have different standards that help determine if a child is indeed in need of special services. Receiving special services will depend on the severity of the situation and a psychologist’s, or school counselor’s diagnosis. If a child has a mild disability, they most likely will not qualify for special education services.
How can a twice-exceptional child qualify for accommodations at school?
It can also be challenging to make the case that twice-exceptional children require modifications and/or accommodations. Since some students are highly gifted and perform at least at grade level, it is hard to prove they could be doing so much better. In most states, there are 13 categories for special education eligibility. If a child has been identified with one or more of the conditions below he or she should qualify for an IEP, which would provide special education services as well as classroom accommodations/modifications.
- autism
- deaf-blindness
- deafness
- emotional disturbance
- hearing impairment
- mental retardation
- multiple disabilities
- orthopedic Impairment
- other health impairment
- specific learning disability
- traumatic brain injury
- speech or language impairment
- visual impairment including blindness
If parents are seeking accommodations/modifications for their child, which route should they take? Should they seek a 504 or an IEP; what is the difference?
The difference between a 504 and IEP is the level of service.
A 504 plan is part of the 1973 Rehabilitation Act. The purpose of the 504 Plan is to level the playing field for children with disabilities. It outlines a plan of instructional services for students in the general education setting. An IEP is much more in depth and is less flexible than a 504. An IEP includes present levels of performance, goals and objectives, as well as a timeline for the achievement of goals and objectives. Parents participate in both processes, but have no due process legal recourse if they disagree with a 504 Plan or if the 504 Plan is not adequately followed. In education the 504 Plan is seen as the “consolation prize.” It is always preferable to have an IEP. A 504 covers individuals who meet the definition of a qualified "handicapped" person. In theory, a 504 Plan can include special education services. In practice, a 504 Plan usually only includes accommodations and/or modifications and rarely requires the expenditure of money. 504 Plans would also be appropriate for temporary disabilities. For example, required accommodations and/or modifications following surgery or a broken leg. The child might need to leave class early to physically have enough time to get to his or her next class. The child might require a note taker because she has a broken arm.
How should parents start the process of seeking special education services?
Typically it is best to fax a request to the principal or school psychologist, as this includes a date and time stamp of when the request was sent and received. The school has ten days to put assessment plans together. Not all schools will require an assessment of their own, but many schools will administer one in addition to any privately obtained assessment a parent already has. There is a strict timeline that needs to be followed. If the school doesn’t respond to the initial request, it would be a good idea to first follow-up with them and if needed a complaint can be filed with the state department of education. The school has 50 days from the date of receipt of the parent’s written consent for assessment to the date of IEP meeting. The school then has 15 days after the IEP meeting to implement recommendations. This includes weekends, not school holidays or summer break.
Once parents get an IEP or 504 meeting scheduled, what is the typical procedure?
Once a meeting is scheduled, there usually is one individual leading the meeting. Although this isn’t always possible, it would be helpful to get as many educators as you can to the meeting. For example, sometimes the child’s actual classroom teacher is not at the meeting. It is better to have all educators present to make sure everyone is on the same page. The IEP or 504 documents will be created during the meeting. If the document is created in advance, this is a violation of the process. The document is to be developed by the team and not by an individual person. Sometimes individuals create advance drafts and parents can request a copy prior to the meeting or disagree with any of the information at anytime. Parents should bring someone they trust to the meeting and take notes or audio tape if needed. If parents choose to audio tape, it is important to let the school know ahead of time they will be doing so during the meeting. There is usually a 24-hour required advance notice. If parents wish to audiotape the meeting, then the school district will also wish to audiotape the meeting. Never sign the IEP at the meeting unless the individuals seeking services and/ or accommodations fully agree. Ask to take the IEP document home to review. The school cannot implement anything unless the child’s legal guardian signs the document! Generally, it is not a good idea to bring the student to the full IEP meeting. They may come to part of the meeting in order to introduce themselves. It is theoretically possible to have individuals at the meeting who have never met the student.
Resources
What should be included in an IEP?
When writing an IEP, the document should include a background section, present levels of performance, a goals and objectives section, placement recommendations, designated instructional services section (e.g. counseling, OT, Speech therapy), and probable accommodations/modifications. The goals and objectives section is the most important section. If the child does not reach the desired outcome, then the goals were either inappropriate or the special education services were not intensive enough. The goals should state specifically how the child will reach the desired outcome.
Resources
Do you have any resources that may help parents prepare for the IEP or 504 process?
Yes, LD Online is a great tool as well as Wrights Law.
Do you have advice for success when working with the school?
Most schools are not aware of their state law; do your research. Respect is important as well as consistent communication. Remember “All children are entitled to FAPE” (Free appropriate, public education). The school district is not obligated to provide the “best” programs or services. This is especially important if the “best” in those categories are expensive. Children are not entitled to “best.” “The school will not provide a Cadillac, if they can get away with a Chevy.”
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