Absences Due to Medical

[ShoppeGirlMN]

My child has had a migraine/headache every day since January. She’s missed so much school going back all the way to the start of the year. I finally got the school to do an evaluation after asking twice. 25 school days after I first asked and two meetings after they tried to talk me out of it, they finally sent me the consent to evaluation form. And 32 
 

And 32 school days later,

I saw the results. She qualified under Part A of Other Health Disability and met the criteria in Part B/they determine the absences were her academically. But they denied her services. I didn’t get a PWN until three calendar months after the evaluation was complete (May 24 vs Feb 19) and I specifically requested it. It was incomplete and didnt include anything more than “this is late due to an oversight” and “child meets criteria and doesn’t qualify.” We had a conciliation meeting last week after I sent the letter of disagreement, and the school psychologist said that the services were denied because:

1. He can’t write a goal around attendance because it isn’t skills based. We were asking for a hybrid model where she endures language arts and math in person with her headaches every day and does the other classes online with one hour a day instruction. What goal(s) could I tell the psych to write in the IEP?

2.  I am asking for special services and their IEPs go through special education and she doesn’t need special education (she’s extremely bright and capable with no learning differences). The evaluation determined executive functioning needs around organization, task initiation and completion, endurance, planning. I would think they could provide someone to teach EF; am I right? They said this was really just an attendance issues and their special education department handles IEPs but only for kids with learning differences. Since she doesn’t need special education, she doesn’t need an IEP. 
 

They are willing to temporarily set her up for the hybrid schedule, but won’t put it in an IEP. We need the IEP to return to as the headaches may come and go over the next three years, she needs a transition plan to return to a full-time in-person schedule, and she needs to learn how to get her work done on time and advocate for herself. 

I am still waiting for their revised PWN. How long do they have after the conciliation meeting to get it to me? I’m in MN. 
 

 

[Carolyn Rowlett]

First, a couple of questions.

What is the specific disability for which she qualified under Other Heath Disability?

What do you mean by "they determine the absences were her academically"?

You need to ask for a revised PWN for the outcome of the eligibility meeting.  It should specify under which category she meets criteria and clarify how she "meets criteria" but "doesn't qualify."  At a minimum, the PWN needs to state WHY she doesn't qualify.

1. The school psychologist is correct that a goal for attendance due to a medical condition cannot be written.  The hybrid model you propose is something that you should work out with the principal, as this is a general education issue and not a special education issue.  You will need a doctor's note/report regarding the migraines and that her inability to attend full days in person is due to this.

2. IEPs are not limited to addressing academic struggles and/or learning differences.  Just because a student is bright and capable academically does not mean services are not needed.  So I would suggest not thinking in terms of "she doesn't need special education."  She doesn't need it for specialized instruction in math or reading, but assuming the evaluation data shows this, she does need it for her executive functioning deficits.  Saying "IEPS are only for kids with learning differences" is completely wrong.  But so is saying "she doesn't need special education."  Special education is much broader than addressing academics.

Although I believe, as I state above, that you need to work out her general education schedule with the principal, the IEP could incorporate the hybrid schedule as an accommodation for her migraines.  I don't know what a "transition plan" would look like since she has no control over her migraines.  But if the data shows the need, you could absolutely have goals and instruction for turning in work on time and advocating for herself.

Since the school is refusing a request (for an IEP and special services), it appears that in Minnesota the PWN must be provided to the parent within 14 calendar days of the request (so this could be interpreted as 14 days after the conciliation meeting, but this is not legal advice).

You might go on the Minnesota Department of Education website and see if there is anything like a "Parents Guide to Special Education."  You can also call them (specifically the special education department) and ask your question about the PWN - and anything else you have questions about.