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Old 04-25-2007, 01:43 PM
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What are my parental rights in school...please read

My DD is in 4th grade and has always been an A and B Student with no issues except that she takes after her Mom LOL and likes to chatter on occasion. Never been fresh or needed discipline. Well this year she has turned into B's and C's and just hasn't excelled as the previous 4 years. I feel that her Teacher just hasn't been able to motivate her as the ones in the past. Well yesterday at conference her teacher told me she put in a request for an IEP Plan and that she suggests a Cori evaluation because she is struggling with reading comprehension. She even had her go a couple of times into the "Specail Group" a few times which I was never notified of.
What are my rights can I refuse this test because she is way off base here and no I am not in denial and I have heard other parents say they wish this year was over. Why not just a reading group if needed without all this other crap. Not that I am against Special Ed when NEEDED!. I feel strongly that it is her lousy teaching skills.
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Old 04-25-2007, 01:49 PM
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You can refuse to have her tested. Our dd is getting this evaluation due to language problems. We were told we can sign a refusal form if we didn't want it. We also weren't told dd was going elsewhere in school for help (in our case speech and reading) until mid year. Frustrating!
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Old 04-25-2007, 01:52 PM
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I have LOTS of experience in this area. My son is autistic and I have been fighting with schools since my son was in second grade. He is now a Junior in high school. You can refuse to have your daughter tested, however, there is no harm in letting them do it. You can refuse anything the school requests. I have had to refuse my son being placed in special ed English, because he doesn't need to be there. He does better and learns a lot more in regular ed classes. You have to stick up for your kid because no one else will. I know you don't think she needs this test, but really it doesn't hurt to do it. If anything, it will prove that your daughter does not have any reading problems and maybe point out that the teacher is not good at teaching. On the other hand, if she really did have a reading problem, at least you would know and they could work with her. Just my opinion, but I would probably go ahead and let them just to prove my point that she doesn't have any problems.
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Old 04-25-2007, 02:13 PM
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My point is a matter of principal. I can see if your autistic or have always struggled but all of a sudden she struggles where she never did before. Besides what if she gets nervous during the test and is pegged incorrectly? How do you go from being told you don't need a conference because everything is beautiful to this? Just confused
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Old 04-25-2007, 02:20 PM
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I can only speak for Ohio, but you child CANNOT be tested without a parernt's written permission. I do agree with other posters that #1 know you child's right and to make sure they are followed, #2 even with the results of the testing you do not have to place your child in any specialized program, #3parents have the GREATEST power in this area if they are aware of their rights. I taught special education for 17 years and approached it as if I were the child and parent's advocate. My own sons have ADD and also auditory processing issues. Special education was not needed for them: they were never hyperactive or disruptive in class, and auditory process for them boilded down to if you were giving directions by the time they had processed the first few words you had said they had missed other things you had said. All that was done was to make sure all work and directions were in writing, and a copy of notes were either given to them or provided for them to copy. If my sons received a poor grade and these accomidations were met - shame on them, they needed to work harder, study more. If there work was down graded because the teacher gave oral explanations in class and not in writing...shame on the teacher his grade could not be lowered because they were not doing their job.
Since I do not know the laws in your state - even though most are federal laws - email me if you think I can possibly help.
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Old 04-25-2007, 02:26 PM
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You as the parent can refused any testing other than standardized testing. But as the others said, let them test her and then see what happens.

One of my dd's started having troubles in 4th grade as well, it tuned out that she had ADD (no hyperactivity). She went from being a stellar student to a C student with very little explanation. Without the school's intervention we might have never realized what the problem was.

She's also in the gifted program....go figure. LOL

What one of the specialists told me was that bright kids can mask difficulties sometimes up to 4th or 5th grade. I work in the school system here so I've seen it a number of times.

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Old 04-25-2007, 02:28 PM
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I say take the test. If there is no area that your child needs attention in shouldn't she pass it?

Its better to find out now than in sixth grade where they aren't under the cushion of the elementary school umbrella. She will get more attention now than later.
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Old 04-25-2007, 02:41 PM
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There is no harm what so ever in having her tested. My son started having problems that started in fourth grade too. His teacher insisted that he was ADHD, he was IEP tested and they said he was not ADHD or anything else and his teacher was pissed. The district will not assess a child with an IEP unless they find an issue. So if your daughter has no issues then the teacher will know. If she does then they can get to work on solving it.

My son was later diagnosed with a thyroid disorder...
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Old 04-25-2007, 03:08 PM
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I would have your child tested. You can always refuse services once she's been tested. If you have her tested and all is well, that will be the end of the story, the school with back off and you will have peace of mind that there is nothing going on with your child that needs attention. If you refuse to have her tested, there will always be the 'what if' question. There may be something going on that you aren't aware of. Sometimes disabilities show up in strange ways and if it turns out she does need it, it would be much better to get your daughter help now rather than later.

My DS is in first grade and was recommended for remedial tutoring in reading (which I later found out was so he would get a better score on the state standardize test which determines NCLB status) which I felt he didn't need. It upset me that his teacher had recommend him for this program, because he was reading 'on grade level' and she kept assuring me that DS was not falling behind in reading. The program was offered for free after school one day a week, so I decided to let him try it. We really had nothing to lose, if he hated it, I would pull him out. While I still don't think he needed it, he really enjoyed it and looked forward to attending every week. He also has really excelled in reading since attending the tutoring program. I am so glad I let him attend. It has improved his reading confidence, comprehension and fluency and probably saved me big bucks on a reading tutor this summer.

Sarah.....mom to Jason & Devin

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Old 04-25-2007, 03:14 PM
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OP, I think I can understand your resistance here. Your child was normally an A B student so you felt there was no issues with her learning. Now this year you are have been somewhat blindsided with the prospect of her needing more help. I think I'd feel the same.

My advice is to roll with it. Have her tested. If she has no problems they can at least cross that off their list. If they find something, they can target whatever problem she is having with learning and get the help she needs.

I also agree that it is your right to not have her tested and if you don't feel comfortable then don't do it. But I would encourage you to do so; the earlier they can help the better she will be as she advances in grades.
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Old 04-25-2007, 03:26 PM
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Let them test her and let them write up an IEP if they are so inclined. An IEP is a federally mandated document and then if the 5th grade teacher can not keep her motivated you have a course of action to have her moved out of the class or getting help that might get her motivated again before middle school. If you are worried that your daughter will feel bad being tested just let her know that the GIFTED kids are tested and they have IEPs as well I believe. Maybe she is gifted and bored. When they test her ask them to give her the gifted pre-test as well.
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Old 04-25-2007, 03:26 PM
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I would have her tested because the school is paying for this test, if you on your own wanted them done it would cost you $$$. So, let them foot the bill. Just as other posters stated it rules out the what if and if she tests fine than it really is the teacher!

But my big issue would be that school is almost over(here only 23 more days), why did this take so long for the teacher to find a problem?

You might want to get her eyes exam, she might need glasses. My son was always rubbing his eyes after reading...he needed glasses.

Best of luck and only you know you dd and what is right for her.
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Old 04-25-2007, 03:29 PM
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Oh, and what are your rights?? Your rights are to question anything and everything that you feel affects your child. I only wish there were more parents who were willing to walk into schools and question teachers, the principal, the lunch lady...whoever. And if you find no satisfaction that way start calling the regional superintendent, your school board member and the superintendent if need be. Can you tell I have had issues with my daughter's school. I am not afraid to march in and discuss anything that is going on with anyone at the school. And then I see parents scared to death to question what happens. Come on, you are the grown-up and if your child has issues do something to change it or at least find out what you can do to make it better.
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Old 04-25-2007, 03:40 PM
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Exclamation My opinion

I would not do it if I didn't feel it was necessary. Over the years, I have learned to trust the "Mother's Gut". I too have battled with the school on the exact same issue. I refused the test. My child will not be labeled by me or anyone else. It is the principle and I get that. A child is a child is a child. When you go seeking problems, diagnosis's, etc. You are almost bound to get one, even if it's incorrect. Just like my granny always says, if it aint broke, don't try to fix it.

There is probably nothing wrong with you daughter. If you gut tells you the issue is probably with the teacher's abilities, you are probably right. If your daughter was struggling, or having difficulties, I would think you would realize it at home. True, you are not in school with her, but I am sure she has homework and you've seen her do it. I am sure you have read her report cards, checked over her work, etc Therefore, if nothing signaled you thus far, then I am willing to bet on your mommy intuition.

If you & dad dont see a problem and YOU don't want her tested, don't do it.

My oldest child went through the exact same thing as you described. I refused the test. I refused special classes, etc. I removed the teacher from the equasion (sp) and his grades soared back up, his motivation did too and that has been about 5 years now. Never once has he back slided, nor has taking any special classes, joined any groups, etc. I firmly believe and know that had I not removed him from the instruction of this teacher, that he would have probably failed the year due to her "thinking" there was a problem. Listen to your instincts! I did and have never regretted it.

Just my honest opinion and experience. Let me know how it turns out.
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Old 04-25-2007, 04:13 PM
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Please be aware you can have an Advocate. We had one, I wasn't told I could have one. After endless research online I found out I can and they have to pay for it. Ours was a professor at a local college, I was completely lost when they went to talking IEPs and Learning Disabilities.

Originally, I went along with the school and had DS tested and an IEP implemented. It was the absolute worse thing I could have ever done for my DS. He was put in "Special" classes. His self esteem plumited (?). He was mad because I did this, he felt like a failure.

Then come to find out they weren't even following the IEP. I fought like hell for a little over a year to get him out of it. Finally he is out of the IEP and all special classes. He does have Dyslexia. He goes to tutoring several days a week, after school. We do have to pay for it, but in our case that was the best thing for DS.

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Old 04-25-2007, 05:25 PM
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I'm having the opposite problem that you are- I have been pushing for them to test my DD who is also in the 4th grade. Her teacher this year agrees with me so she has been keeping a separate folder of her work get her tested. She's always had major problems with reading and done great in math- this year though they have been doing alot more word problems- so now her math grade has gone down too.
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Old 04-25-2007, 05:27 PM
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I would get her tested just in case, I have also heard that problems could start to arise around 4th grade, this is when subjects start to get a little harder. Not that I'm saying she has a problem but wouldn't you rather know so that you could work with her or prove to the teacher that theres nothing wrong.


My daugther has Apraxia which means she has to be taught to pronunciate her letters. She would substitute alot of her letters with 'h' so instead of saying sister she'd say hister. We got her tested when she was almost 3 and it was the best thing that we could have done. I thought that she would just learn on her own but now 2 yrs later she is still in speech therapy and doing much better. I actually sent her to preschool specifically to get the speech therapy and they had to reevaluate her there. She still substitutes some letters with H but now she is much better and we are able to understand her, she used to get so frustrated that she would start to cry and wouldnt talk to us because we couldnt understand her It was so frustrating to me and heartbreaking as well.
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Old 04-25-2007, 05:35 PM
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Being that it is so late in the year, I would probably decline the testing and see how she starts off next year in a new class with a new teacher.
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Old 04-25-2007, 06:16 PM
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You as the parent have the voice in this issue -- not the teacher. I can't understand why the teacher has waited until the end of the school year to suggest these tests. I would wait and see how she does next year with another teacher. If there are still problems in the first six weeks of school in the fall, then have the tests.

Never ever be afraid to stand up for your child. As another poster said, you are the only advocate for your children!!
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Old 04-25-2007, 09:17 PM
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I suggest to have her eyes tested also. My son dipped from A's and B's in the 4th grade, and he did need glasses.
I was so surprised when he came up needing glasses!! I'm sure he had trouble seeing the board.
I have noticed a few other kids seem to pick up glasses in the 4 and 5th grades.
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Old 04-25-2007, 09:28 PM
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You know, as a teacher, we are damned if we do and damned it we don't. If the teacher lets her continue the way she is going now without any hint that she might need additional help, the teacher is accused of dropping the ball. If the teacher pushes for testing, parents complain that they don't want their child labeled and that the teacher is just trying to pass the buck. By testing, you rule out any real problems that may exist and you get peace of mind. There is no harm in that. The teacher is obviously concerned (albeit a bit late in the school year), and you are concerned also. Do not wait until next year to test. It'll be November by the time that happens. This way, if additional services are needed, she'll get them at the start of 5th grade.

I agree with the other posters...4th grade is probably the most difficult school year. The transition is huge, lots of organization is required and reading in the subject areas (social studies, science, etc.) is a very big part of the curriculum.

As a parent, you have the right to decline any and all testing and services that go along with that. Keep an open mind before making any decisions. You obviously don't agree with the teacher, but forget that if you can. Since the school district pays for the testing, let them spend the money so that you can have peace of mind.
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Old 04-25-2007, 10:13 PM
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Originally Posted by goonie View Post
You know, as a teacher, we are damned if we do and damned it we don't. If the teacher lets her continue the way she is going now without any hint that she might need additional help, the teacher is accused of dropping the ball. If the teacher pushes for testing, parents complain that they don't want their child labeled and that the teacher is just trying to pass the buck. By testing, you rule out any real problems that may exist and you get peace of mind. There is no harm in that. The teacher is obviously concerned (albeit a bit late in the school year), and you are concerned also. Do not wait until next year to test. It'll be November by the time that happens. This way, if additional services are needed, she'll get them at the start of 5th grade.

I agree with the other posters...4th grade is probably the most difficult school year. The transition is huge, lots of organization is required and reading in the subject areas (social studies, science, etc.) is a very big part of the curriculum.

As a parent, you have the right to decline any and all testing and services that go along with that. Keep an open mind before making any decisions. You obviously don't agree with the teacher, but forget that if you can. Since the school district pays for the testing, let them spend the money so that you can have peace of mind.
I 100% agree with you, we got a nasty teacher this year. But I did not blame the teacher(WHO IS THE MEANEST THING EVER TO WALK THE FACE OF THE EARTH) it made me work with my DD a little more. I would just be afraid b/c of your dislike of this teacher (and I know where you are coming from)that you will hurt your child in the long run. My Daughter is a straight A student and this last nine weeks was tough she did drop down to a B in Math, but managed with a bunch of work to bring it back up. I wonder why you guys are so against the children getting tested.....first of all, unless your daughter tells everyone she is getting tested, no one will know. If she does happen to get a IEP again whats the big deal. None of our children have an IEP but we know many wonderful kids who have one! And thats not to say that my kids won't need one in the future. And if they do and I don't see it I hope someone will point it out to me.

Funny story for you:
I had my DD who is a perfectionist start 2nd grade. The second day her teacher came to me and said," Mrs. So-So, I've noticed Susie-Q needs help with her speech. She was saying her S's incorrectly. I have had this child writing the Alphabet since she's 2 yo., first words at 6 months, stringing sentences from 13 months, and she has an S at the begining of her last name!!!! We were able to correct this by just reminding her to not to push with her tongue. Point is I the super hyper knows everything about my children and everything they can do or not do mother who was on top of the mommy game and someone who just met DD ONE DAY found something that needed correction!! Just b/c the women might be a huge PAIN, and I don't doubt that she is, don't write off the advice. Testing won't hurt your child and it can only help. Wouldn't it be funny if she passed their test and the meany teacher looks stupid!!
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Old 04-26-2007, 05:53 PM
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Originally Posted by goonie View Post
You know, as a teacher, we are damned if we do and damned it we don't. If the teacher lets her continue the way she is going now without any hint that she might need additional help, the teacher is accused of dropping the ball. If the teacher pushes for testing, parents complain that they don't want their child labeled and that the teacher is just trying to pass the buck. By testing, you rule out any real problems that may exist and you get peace of mind. There is no harm in that. The teacher is obviously concerned (albeit a bit late in the school year), and you are concerned also. Do not wait until next year to test. It'll be November by the time that happens. This way, if additional services are needed, she'll get them at the start of 5th grade.

I agree with the other posters...4th grade is probably the most difficult school year. The transition is huge, lots of organization is required and reading in the subject areas (social studies, science, etc.) is a very big part of the curriculum.

As a parent, you have the right to decline any and all testing and services that go along with that. Keep an open mind before making any decisions. You obviously don't agree with the teacher, but forget that if you can. Since the school district pays for the testing, let them spend the money so that you can have peace of mind.

I agree with the above poster. I am also a teacher with 25 years experience in the 4th and 5th grades.
I would get her eyes and ears tested. Many students get glasses in these two years. I also suggest
the ears because my children (2 of them) had severe problems. Also she may be smart and able to cope up to this point. 4th and 5th grade require so much more in the way of reading and other work. She may have been able to compensate to this point. Go ahead with the testing if they are paying for it. I have a dd who is LD and ADD.
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Old 04-26-2007, 07:59 PM
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My son got glasses in 4th grade... couldn't see the board any longer and the teacher used the board a LOT.

Excellent suggestion in the last post above.
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Old 04-27-2007, 04:04 PM
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Just Bumping 4 An Update
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Old 04-28-2007, 07:24 PM
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Ok well she wears glasses already and her grades this week for a really tough science test a 98 and 100 on Math. Honestly I am just so not impressed with this teacher at all and I know from 2 older kids about the transition of this grade but I know in my heart this teacher just isn't pulling it out of these kids so I am waiting for next year.
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