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Haley23 Haley23 is online now
 
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Policy for students whose parents have denied services
Old 09-25-2019, 05:30 PM
 
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What do you do in this case? We've had a few cases over the years where parents have either denied consent for the evaluation or denied the IEP once the evaluation was complete.

There is a student who we referred for testing last year, but parents refused. Without giving too many details, I believe this is cultural and not likely something they'll ever change their mind on.

An MTSS meeting was held today and the student is now in one of the other sped teacher's grade level- the first year teacher. She was upset after the meeting because they decided to put the student in her pull out group. She asked if this was legal and they told her yes, it's "just an intervention."

We do see gen ed kids during intervention blocks at my school and have been told this is legal as long as at least one sped kid is in the block. This is not really "pull out" because it's a block where every child in the grade level attends a different small group focusing on their skill needs. However, this is for a subject we don't do an intervention block for and is a true pull out. We've occasionally added gen ed students to those as part of the MTSS/pre-referral process to collect data to see if an evaluation is warranted.

I'm guessing that's why the team told my teammate this is legal- but, IMO this is different because parents have already said no and this seems very sneaky to me.

Second of all, they want to have yet another meeting with the family to explain the evaluation process and what it would look like if said child got an IEP. I do believe the student has a disability and I understand why the IEP is wanted, but at one point do you have to just honor the parent's wishes? Legally, they do have a right to say no.

I feel like since it's a new school year we can tell parents that we just want them to know the option for testing is still there should they change their mind. However, having constant meetings to tell them this feels like it's harassing them and I don't want to get us in any sort of legal trouble. We literally had like 6 meetings with them last year, and I know the classroom teacher really pushed for it at conferences as well.

Thoughts? How is this handled at your school?


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Old 09-25-2019, 05:42 PM
 
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First, in my school unfortunately for gen ed teachers, they do their own small groups and interventions. We have no other resources.

When we have a student whose parents deny them testing for services (or services afterward, but I don't remember it happening after testing occurred) they get nada. Nothing. Small group in the classroom, but they will not be seeing a special teacher. I personally, have brought out our retention letter for those students so that the next year the teacher can push a little more. They can only refuse retention once. Usually, that letter shows the parents that we are serious and that the situation is serious. I have never had anyone NOT change their minds after receiving a notice for retention.
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Old 09-26-2019, 02:52 AM
 
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In my school, a parent has said no to moving through the process and been placed with a provider for the grade level intervention block. Why? Because the intervention block is for all students--including those with IEPs. In my state, gen ed teachers have READ Plans to address, progress monitor and show student growth; This is done with Intervention Blocks each year. Groups are created by need and are done within the gen ed room-NO pull out. These are offend mixed groups depending on what skills are being targeted. The Intervention Block was created so gen ed teachers have time to do interventions for alls--MTSS/RTI. Providers support as their caseloads allow them to.

In regards to going back and revisiting testing for a student. Yes, teams will go back each year (usually with a different provider) and revisit the students need. Even if these parents say no, they still get their needs meet the best gen ed teacher can through the grade level Intervention Block.
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Old 09-28-2019, 10:28 AM
 
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Quote:
In my school, a parent has said no to moving through the process and been placed with a provider for the grade level intervention block. Why? Because the intervention block is for all students--including those with IEPs.
Yeah, that's what I was trying to explain, although maybe not very well. The student is with the sped teacher during the grade level reading intervention block. To me, that is okay because all students in the grade level are participating and the student is not really being "pulled out" of gen ed content and the intervention block is what gen ed is doing during that time.

However, the math services are separate IEP services and the group is typically only for students who have IEPs. The five kids the sped teacher is pulling are the only students participating in any sort of intervention at that time, and gen ed instruction is continuing in the regular room. To me, this most certainly feels like a sped service that parents have already said no to.

I think I'm going to tell my teammate to email the sped director and ask her as a CYA move. Even if sped director says yes, go ahead and do it, then she has in writing that she asked about the situation and was told to do it in case anything ever happens and they try to throw her under the bus.

Quote:
I personally, have brought out our retention letter for those students so that the next year the teacher can push a little more. They can only refuse retention once. Usually, that letter shows the parents that we are serious and that the situation is serious. I have never had anyone NOT change their minds after receiving a notice for retention.
I could definitely see that working in your situation. Our policies are totally different though. Per state law, retention is 100% the parents' choice. Schools are allowed to recommend retention, but if a parent says no, that's it. And our district policy is that they will not allow us to recommend it per the research that says it typically has negative impacts. Parents have to be savvy enough to really stand up to the school/district in order to get their child actually retained if that's what they want.

Last edited by Haley23; 09-28-2019 at 10:57 AM..
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Old 09-29-2019, 10:50 AM
 
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In my building, our sped resource teacher is a part of RTI. Her group for reading typically includes students on IEPs and if she has room occasionally one or two students who are not currently qualified (usually students who are new to our school who are actually lower than the ones on IEPs). Sometimes I'll (as reading specialist) work with students on her IEP caseload if she has more students than she can work with.

Last year she had a student in her group all year who had received years of interventions. Older sister was in resource and on an IEP. This student would definitely qualify for an IEP, if tested, but parents are refusing to consent to testing. So this year, even though he is one of the lowest students in the grade level, he is moving back into a reading teacher intervention group. The resource teacher is not going to fill a resource slot with a student whose parents are not pursuing services (and basically are not willing to partner with us, in this case). We will not be meeting again with the family, unless they ask why he is not in resource anymore (if that happens it will be at parent teacher conferences) and then we will tell them he can be if they consent to testing.


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