Student qualifies for speech language but not special Ed services according to evaluation completed. General Ed is in disagreement. Despite 32 days of absence Student achieved 89 IQ and scored within average or low average range on academic achievement. Student in kindergarten and turns 6 end of April. Any thoughts, input, experience would be helpful. First time in my 13 years this has been an issue. Teacher is the principal's wife as well. Have stressed all weekend about this.
Based on the info you provided, the student would not qualify as learning disabled.
1. There is not a discrepancy between his (I'll just use the male pronoun) achievement and IQ. Even if a discrepancy model is not used, his scores are not all that low when comparing to other students his age. Though this is not set in stone, I don't usually start thinking about specialized academic instruction until I see some 70's or below for their standard scores (low range).
2. One of the exclusionary factors is poor school attendance. If he has missed 32 days this school year, then his difficulties can be attributed to poor attendance.
On a side note, in some districts, students who are in SPED for whatever reason has access to all services including specialized academic instruction. Other districts are the opposite and students need to qualify for that specific service.
I'll echo eeza's comments. The poor school attendance alone should set off red flags, and adding in the age and IQ scores, there's no way this child would qualify for a learning disability in my district. My district is leery of labeling kids as LD at kindergarten anyway. It doesn't mean something isn't up, but more time is needed. And, in addition to IQ scores and patterns of strengths and weaknesses, my school team would also need to provide a lot of documentation of prior interventions - does this student's team have data to support interventions aren't working?
The student doesn't qualify as learning disabled with the information you have shared. If the student qualifies with a speech/language disability, how is this directly affecting the student's education (articulation is my guess)?
I would ask more questions of the parent as to why the student has missed so much school. Do they have an illness that is preventing them from attending? If so, then maybe a 504 is a good way to go. Do the parent's just not value education? Then perhaps filing an educational neglect against the parents is warranted.
I think the main issue is why is the child not in school to be honest.
For a child in K who has missed 32 days of formal schooling, the school would be negligent to qualify the child as having a learning disability. Many schools won't consider SLD for a child until at least 1st grade because skill development is so variable at that age. If his scores were much lower, it's possible he could receive services under the category of developmentally delayed (which is not technically a disability category), but his scores are not nearly low enough in any area you mentioned.
Some districts will provide services in any other needed areas if a child qualifies under *any* disability category (including speech/language), and others won't. Others will provide services in any impacted area (which is often reading, for a kid with speech/language disability, and reading portions of math). Some won't provide anything outside of speech/language if that's the category, because it isn't a federally funded category.
I completely agree with tea break that the attendance is a primary issue. I'm surprised an evaluation was even initiated when the child had missed so much school (although a speech/language disorder isn't usually too impacted to school absences)
The key word in my district and state are "significate." Is the student's scores significate ie; at least 1.5 standard deviations below average? It is also not uncommon for kindergarten students to qualify only for speech and may qualify for academic support later--I see this all the time. The kidoo is 6. Also, think about what the classroom data says about the student's performance. Are they in the same place as their grade mates? If not than look back at the attendance.
Since the teacher is married to your P (what an awkward set up!) I'd kick this one up to your sped director just to cover yourself. I see several others mentioned models where students can get any service once they qualify in one area- does your district do that? If not and the student would need to qualify as LD in order to get services from you, then it seems like it's a pretty cut and dry case. Based on the information you presented, there is no legal way you can identify the student as LD.
We do "needs based services," so in my district, if a kid qualified for a speech IEP they could get academic services if classroom data proved a need for them, even if they don't qualify as LD. This can make things trickier. I call it the "speech loophole" and it's how most of my K-1 kids are qualified to see me. In some scenarios, it's good because the kid really does have needs, but IME it's so hard to qualify for LD in K because they have to do practically nothing on standardized tests in order to be "average." I just tested a kid who came out "low average" in reading and math and she literally answered 3 math questions right (counted and identified some low numbers) and 4 reading quetions right (identified 4 letters). I also find the kids that start with me in K are much more successful vs. kids I get later. On the other hand, this loophole can also lead to kids who truly don't need the services getting them, which is unfair to the kids that do have disabilities (makes the groups bigger/waters down the services, makes instruction less effective when I'm dealing with huge ability differences between kids in the same group). Anyway, if you do any "needs based service" kind of set up, then your case is a lot trickier, IMO and I'd check with your director just in case. This has never actually happened to me before, but my understanding is that if someone disagrees with the decision, they write a letter that becomes part of the IEP documentation for the student. I would definitely check on what your district expects you to do in this case.
Small school district and I'm the only SPED teacher in the school while k-6 has 2 sections each whereby there are 2 kindergarten teachers who collaborate, 2 first grade teachers, and so on so I feel pretty much like a loner, thus for joining this site. School psyche comes in on Thursday and Friday's and serves other school districts while speech Lang comes in 3 days also serving other districts, so those are the only times I feel any compansionship so to speak.
This is a kinder? Is Kinder a mandatory requirement in your state?
The Gened teacher can disagree and they can indicate there disagreement during the meeting, but it does not necessary change the IEP team's decision. There just needs to be a consensus of the team. If the team cannot come to the consensus, then they need to gather additional data and reconvene.
For a 5 year old, I would wait and see how they do in 1st, possibly refer to the RTI team, depending on how they do in the first 6 -9 weeks of school.