The Wrightslaw Way

I have just a short time to post today - I have a flight to MO this afternoon for the conference being held in the Jefferson City area on Thursday.

I did want to respond to a question from a public school speech language therapist who attended one of our conferences earlier this year. She finds herself in the position of being torn between the fear of retaliation from her employer and the desire to advocate for her student’s rights.

The school still uses the discrepancy model and the intervention team has refused to evaluate a five year old. While hoping to keep her job, this school therapist took a “leap of faith” as she called it, and advised the mother to get an independent evaluation. The mom requested a meeting to discuss the results of the evaluation - and the school psychologist asked for the parent to provide a copy of the report, before they will even agree to the meeting.

Should the parent provide the evaluation report to the school? My answer is yes.

I recommend that when parents obtain private evals, they share them with the school district prior to a meeting. If the school administration wants to fight and does not have the report in advance, then fight time will simply be delayed, to the detriment of the child.

If the school admin wants to provide services, then there will not be a delay.

At the same time, if a Judge was to review the history later, the Judge would wonder why a parent would withhold this report in advance of a meeting.

I tell parents to get a copy of new school evals in advance of meeting. The same standard should apply here, the parent should provide a copy of the independent eval to the team in advance.

Thanks to this therapist for being there and looking out for the parent and child’s rights.

Pete

Tags:   due process · Eligibility · Independent Evaluations · RTI1 Comment

We often hear success stories from parents.  But here’s a good one from a special ed teacher that we wanted to share with you.

I am a very busy special education teacher in a private school. I attend all conferences with parents so that the district knows we are informed and won’t try to pull the wool over anyone’s eyes.

Recently, I attended a meeting for one of my private students. The district had previously denied resource room services to this student, although he was receiving occupational therapy and counseling.

This mother, following my very specific instructions, had kept an excellent record of all correspondence with the district. Request for evaluation had been made in early October. The conference took place in late February, after I had called and informed them that the district was out of compliance.

Strike 1: The day of the scheduled meeting was very rainy and windy. A district representative called the mother and told her that she shouldn’t bother to come because they weren’t going to give the child services anyway. The mother called me, hysterical, and I assured her we were going to the meeting, and that the district had just gotten on my bad side. I had about an hour before the meeting, so I got out my handy IDEA handbook and did a quick read through looking for points that I might need to bring out during the conference.

Strike 2: [Read more →]

Tags:   Advocacy · IEP Team Meetings · IEPs · Parental Rights4 Comments

On March 17, 2008, California Administrative Law Judge Lepkowsky issued an OAH Decision in Student v. Redlands Unified School District [OAH Case No(s). N2006100159 & N2007031009].

The ALJ held that the District’s failure to provide appropriate behavioral interventions for three consecutive school years resulted in a denial of FAPE and entitled the child to substantial compensatory education and other services. [Read more →]

Tags:   ABA · Compensatory Education · FAPE · Functional Assessment · Reading9 Comments

I’m always a little surprised when we get these questions. So I decided to post on this one. JF writes -

“I receive your newsletter and I’m not sure if you can help me. My daughter was recently been diagnosed with ADHD. I’ve been told that this is not a learning disability although she struggles tremendously in school (in fact she is in jeopardy of failing). Her diagnosis is so recent that she hasn’t started on any medication as of yet. She is extremely unorganized and has absolutely no time management skills.

What rights do we have if we request a meeting with her school? Does the school have to give her special considerations when taking quizzes/tests? What about other assignments?

Any suggestions you have are greatly appreciated.”

I don’t know who told you that ADHD is not a learning disability. It often is, and kids who have ADHD often have learning disabilities that affect other areas - math, writing skills, etc. 

[Read more →]

Tags:   ADHD · classification · Eligibility · Learning Disabilities8 Comments

Kids rely on their parents, family members, friends, child advocates, to speak on their behalf.

We are asking you to step up to the plate on Tuesday, May 6 by calling your Congressional Representatives (202-224-3121) (TTY 202-225-1904) and asking them to co-sponsor H.R. 4188, the IDEA Fairness Restoration Act (H.R. 4188).

The IDEA Fairness Restoration Act allows parents who prevail in due process or litigation under IDEA to be reimbursed for their expert witness fees — an expense few parents can afford. This bipartisan bill will help to level the playing field for parents of children with disabilities.

Be a hero - speak up for the kids. After you call, you’ll feel like you’re 12 feet tall!

Your Game Plan: Here’s what to do.

Tags:   due process · IDEA 2004 · Special Ed Law6 Comments

I just returned from Livonia, Michigan (Detroit area) after presenting a Special Education Law and Advocacy training program. What a great conference! I wanted to say a special thanks to Steve and Staci Bockmann for all of their efforts to make the conference such a success.

In February 2008, Steve and Staci of The Great Expectations Speech, Sensory Integration and Learning Center contracted with us to host a conference on April 23, 2008 in the Detroit area. We tried to talk them out of that date, believing that they needed more time. Here I am with Steve, Blake, and Staci.

Despite the short planning & preparation time, the conference was  SOLD OUT almost two weeks in advance, with 500 attendees. The conference paid for itself, with funds left over for future conferences and other events.

People who called during the law few days we were told that there was no space. Many expressed their intent to come anyway, in hopes that there would be “no-shows” and they could attend. 

I was so impressed by Steve and Staci’s organizational and promotional skills that I interviewed them. Listen to the interview.  When you hear their story, you will be in awe of their motivation and energy too. Download podcast.

Thanks again,
Pete

FInd out more about Steve and Staci, the Livonia Conference, and how to put on a successful program. Here’s how.

Tags:   Advocacy · Special Ed Law · Training3 Comments

Virginia Department of Education published their new proposed Special Education Regulations (8VAC20-80/81) in The Virginia Register of Regulations (Volume 24, Issue 17) on April 28, 2008.

VDOE proposes to eliminate parental consent in some cases, and further erode parental rights. Other proposed changes will affect procedural safeguards, eligibility criteria, definition of developmental disabilities, and accountability.

It’s time for Virginians to get involved. If adopted, these changes could be a major loss in parental rights, decreasing the school-family partnership intended by IDEA.

Please call, email or write, now! Find out when, where, how. [Read more →]

Tags:   IDEA 2004 · Legal News · Parental Rights · Special Ed LawNo Comments.

Is your school district or the IEP team quoting policy or regulation that you’ve never heard of before or don’t understand? Actually, here are several that I’d like to see myself.

1. I just came from an IEP meeting for my nephew who is also dyslexic. To my great surprise I was just informed that they are prohibited from putting Orton Gillingham on the IEP. My nephew currently is receiving Orton Gillingham one on one for decoding and it is not written on his IEP. When I questioned why they were not writing it down as a service for him for next year that is the response I received.

They said not to worry that he will get the service for now but they are not allowed to write it down on his IEP. Did you ever hear of such a thing and is this a law? When did this come into effect and again how as parents are we not informed that changes as such are being made? I can imagine on how this would effect a parents right to sue the district if the service is not allowed on an IEP then it doesn’t exist as far as the law goes when you go to fight the district in question.

A law? Illegal to put into the IEP?

I doubt it.

Ask for a copy of the statute or regulation or other written document / authority that prohibits putting it into the IEP.

2. I am a professional in special education. My school district tells me that there is some kind of rule/law/regulation that 90% of each school’s students in special education must be in regular education classes 80% of the time. Is this accurate?

Nope. If you want to pursue it, you might want to ask to see a copy of that rule/law/policy.

I bet you will never see it. If you do, please email it. I’d like to see it myself.

-Pete

Tags:   IEPs · Regulations · Special Ed Law9 Comments

DR was upset over difficulties getting accommodations on testing for her daughter. She asks:

Can you tell me how to deal with the school system about testing and accommodations?

My daughter is a junior and will be taking her 1st SAT in Jan.

I have continually asked about scheduling her re-exams for the last 2 years. The answer is always the same, “Don’t worry, we have plenty of time.” Well, here it is mid-Sept. There’s a big back log and kids who do poorly will probably be tested first! It doesn’t matter that my kid busts her butt & stays up all hours to make a 3.35 GPA and takes Advanced & Honors classes because she wants a good education!

Sorry, I didn’t mean to vent.

To be considered for accommodations for college placement exams, students should be tested for disabilities and fall within a 4 year grace period prior to taking college boards. My daughter will not have her needs met for her PSAT in 3 weeks and by the looks of things she won’t have them in January either.

We all need to vent sometimes. But take a step back, calm down, don’t do it with the school.

Have you been writing short polite letters that document what the school people are telling you, to express your concerns, to ask when XYZ will happen, to make requests for services and/or evaluations? [Read more →]

Tags:   Accommodations · Crisis Management · Dyslexia · Testing4 Comments

I am Orton-Gillingham/Project Read trained and tutor a fifth grade boy. I gave him the Woodcock Reading Mastery Test. His standard score was 85, age based percentile was 14-19, and grade equivalent was 2.7. He was given Reading Recovery in first grade and taught to “guess” when reading. This boy has average ability in math.

The mother wants more help with her son’s reading/language skills from the school. Last year he attended another school in the same district and the process for special education services was started. Now that this boy is in a different school the process seemed to have stopped. How should she request this help? Does she want the school to test him for special education services?

The big question is whether anyone will teach him how to read if he goes into special ed. Several factors are working against him in special ed. [Read more →]

Tags:   Highly Qualified Teachers · Reading · Test Scores11 Comments