The Wrightslaw Way

Do I have a right to know the qualifications of my child’s teachers? If the answer is “yes,” how long does the school have to provide me with this information?

The answer is “yes” if your child attends a school that receives Title I funding, and “maybe” if the school does not receive Title I funds.

At the beginning of the school year, your school district must notify parents of all children who attend Title I schools of their right to request information about the qualifications of their child’s teachers and paraprofessionals, including . . .
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Tags:   Highly Qualified Teachers · NCLB · NCLB Monitoring & Compliance · Parental Rights · Teacher Qualifications2 Comments

My daughter is hearing impaired and was retained because of her disability. She played basketball in middle school until age 15 when the athletic association notified her that she was ineligible to play because of her age.

Although she wants to play basketball in high school, she will only be eligible in 9th and 10th grades. She is being penalized because of her disability and I don’t think it’s fair. Is this legal?  

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Tags:   ADA · Discrimination · Section 504 · Sports Eligibility1 Comment

Are you anxious about attending your IEP meeting? Would you like someone to attend with you who can help you get quality services for your child. Don’t know where to start?

In the beginning, this process seems overwhelming to most parents, so you are not alone. Ultimately, you will need to learn how to be an advocate for your child. Parents are responsible for looking out for their children’s interests.

Information and resources are available. [Read more →]

Tags:   Advocacy · Advocacy Resources · Parent Support · Summer School for Parents8 Comments

Determination of Eligibility

IDEA 2004 at 20 USC 1414(a)(1)(C)(i)(I) explains that the determination of eligibility as to “whether a child is a child with a disability . . . [shall be] . . . within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted . . .” (Wrightslaw: Special Education Law, page 93)

Since IDEA states “60 days” and not “60 business days” or “60 school days,” by operation of law and pursuant to 34 CFR 300.11(a), the word “day” always means calendar day unless otherwise indicated as business day or school day.” (See US Dept of Ed Spec Ed Regs, Wrightslaw, page 195)

In other words, in the statute and in the regs, if something is to be done within xyz number of days from abc event, then it always means calendar days. [Read more →]

Tags:   Eligibility · Special Education Regulations · Timelines2 Comments

We want to have Cate as a paraprofessional because she has done a great job with our son. The administration wants to change her for someone who has a bad reputation. Can we write Cate into the IEP? Does IDEA state anywhere that an individual can not be requested as a paraprofessional.

No, the law doesn’t say anything about a parent’s right to select a specific teacher or paraprofessional. Your child has a right to a teacher (or para), but does not have a right to the BEST teacher or para. [Read more →]

Tags:   IDEA · IEPs · Paraprofessionals · Tactics and Strategies7 Comments

As the parent of a child with special educational needs, you represent your child’s interests. When you know how to advocate on your child’s behalf, you increase the odds that your child will get an appropriate education. You can’t leave this job to others!

Although most people are focused on the holidays, IEP season will be here before you know it. A Wrightslaw training program will teach the knowledge and skills you need to be an effective advocate. [Read more →]

Tags:   Conference · special education training1 Comment

I have a son in the 11th grade who has had an I.E.P since the 6th grade for ADD. He is currently doing well in a modified class.

His Intervention Specialist told him that he cannot make any higher than a 2.0 grade point average in this type of class. She also suggested that he no longer needs an I.E.P.

I find it hard to believe that he can only reach a 2.0 grade point average.

In this situation, there are two concerns: Eligibility (or Termination of Eligibility) and Transition. [Read more →]

Tags:   ADD · Eligibility · High School Diploma · Modified Classroom · Termination of Services · Transition3 Comments

“Can a child have an IEP for speech and a 504 for academic interventions?”

There is nothing in the law that says a child with a disability should have an IEP for some needs and a 504 plan for others. It’s confusing, it’s more work, and it’s unnecessary.

A school that does not understand the requirements for educating children with disabilities may prepare both forms. If the school prepares two plans, they are just making more paperwork.

It makes no sense to have two different plans to meet the needs of the same child - the IEP will cover everything. [Read more →]

Tags:   IEPs · Section 504 · Speech IEP11 Comments

When you have a disagreement between the teachers and the school psychologist about whether a child qualifies for services, you must consider the real question that needs to be answered. “Does the child have a disability that adversely affects educational performance?” If the answer to the question is “yes,” then the child is eligible under IDEA. [Read more →]

Tags:   Discrepancy · Eligibility · ESL · Evaluations · RTI · Specific Learning Disability5 Comments

VA Parents: Remind Governor Kaine that parents aren’t asking for more or new rights but only that existing rights and protections not be taken away.

Please ask the Governor to return the regulations back to VDOE and to reinstate all current rights and protections that have been eliminated from the regs. Here’s how…

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Tags:   Advocacy · FAPE · Legal News · Special Ed Law · Special Education RegulationsNo Comments.