I have an essay assignment, and need help getting input, because the IDEA's interpretations for students with ADHD are a little
confusing. Mainly, would refusing an IEP after parents wanted one be acceptable even if the student's grades were falling? And also, was the remedial math tutoring acceptable for only a 504 plan? Are there any actual, legal reasons why the school was not complying with the IDEA?
Frank J. (“student”) is a student in the Forman County School District (“School district”), where he attended public school from the time he was seven-years-old (grade 2) until present day, when he is a thirteen-year-old seventh grader at Forman Middle School. From his first year in the school district, classroom teachers noticed that Frank had difficulty staying attentive during lectures, and oftentimes became anxious during classroom time. Emails between teachers and administrators at the school indicate that both parties believed that attention issues were affecting Frank’s academic progress, particularly in the area of mathematics. During Frank’s second and third grade school years, his parents attended parent-teacher conferences, during which they requested an evaluation for special education services for their child, hoping to find the source of his lack of academic progress and low grades. With each initial request, the school asked for a written request for evaluation, but Frank’s parents opted not to follow up and a formal assessment did not take place. During both parent-teacher conferences, the school assured Frank’s parents that he was “within the normal range and would likely catch up quickly.” However, Frank’s scores in mathematics continued to decline during grade four, at which point the school and parents agreed to convene an Individualized Education Program (IEP) meeting. The parents were invited to the meeting, along the school’s special education coordinator, school psychologist, and general education teacher. The IEP team collectively agreed to go forward with an evaluation, which the school provided and the evaluator determined that Frank had Attention Deficit Hyperactivity Disorder (ADHD). Over the parent’s disagreement, the school district declined to provide an IEP under the Individuals with Disabilities Education Act, reasoning that Frank “did not need specialized services,” and instead suggested a 504 plan, with the proposed accommodations of extra time on all testing, reduced homework, and preferential seating. In addition, they began pulling Frank out of art class twice a week to attend “tutoring” by a remedial math teacher. Frank initially objected to this because art was one of his favorite subjects, and he told his parents that he felt embarrassed about attending the tutoring sessions. Frank’s math grades continued to decline, and at the same time his language arts scores also began to drop. At the next meeting (504 Plan meeting), one year later at the beginning of his 5th grade year, Frank’s parents again made a request for an IEP based on his declining scores, and asserted that he needed special education services, not just accommodations. The school finally agreed to create an IEP, in part because statewide testing showed that Frank’s math scores had fallen well below average. In addition, both Frank’s parents and teachers were beginning to notice that he was becoming increasingly anxious, frustrated, and distracted with his coursework. As part of the IEP, which Frank’s parents initially agreed to, the school district placed him in a self-contained special education classroom, with an initial teacher-to-student ratio of 5 to 1, but which grew to a 9:1 ratio over the course of the school year (without the agreement of the full IEP team). Frank continued to express to his teachers and parents that he wanted to resume attending more classes with his general education peers, and in response, the school put him back in the regular math class with an in-class teacher’s assistant. At the next IEP meeting (beginning of Frank’s 6th grade year), the parent’s reported that Frank was beginning to dislike school, his scores were still not improving in any measurable way, and the academic and social gap between him and his classmates was growing ever wider. Frank’s parents requested daily math tutoring outside of the school day. The school district refused. Frank and his parents, still feeling that he was not getting enough support, have decided to pull him from Forman and place him in a private school for students with learning disabilities.
Questions: Did Forman Middle School comply with the IDEA? If not, on what grounds? If so, why?
