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HELPLINE Archives: Find questions Asked and Answered on Topics A – K and Topics L – Z.

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38 responses so far ↓

  • 1 helpgrouponline.com 09/21/14 at 10:03 pm

    CAN IQ TESTING BE MANDATED BY THE SCHOOL?

    Jenni, Typically the school does evaluations every 3 years however the team can decide that one is not needed & continue services. The school has every right to do the evaluation if they want to. If they do you will be part of the team that reviews the testing results. You may ask for a copy of the evaluation before the meeting. This will allow you to read it & go over it with a professional if you need to. If you disagree with the results of the test you may request an outside evaluation by a professional at no cost to you. The school must pay for it. This way you will get a second opinion. If you do this the school will give you a list of places to go for the evaluation. You do NOT have to use anyone on the list. Our attorney recommended that you pick your own evaluator.

  • 2 helpgrouponline.com 09/21/14 at 9:49 pm

    HOW DO I USE AN IEP ADDENDUM?

    Laura, I was told by an attorney that an addendum does not count legally unless it is part of the main IEP. It needs to be included in the regular part of the IEP. If there was a due process hearing, anything that is not in the official IEP would not be looked at.

  • 3 wanda 09/21/14 at 9:40 pm

    TRANSFERRING (BUS TRANSPORTATION) SPECIAL NEEDS STUDENTS

    Our school is sending school buses out to homes picking students up and then stopping at a school and meeting with 5 or more buses and transferring them to another bus, then to their school. Drivers were told one week before school started and we had to call parents. As a bus driver I see the melt downs and confusion it brings to the students. There have been issues with the students and parents but the district..as one parent put it..is blowing smoke up our behinds. Do you have children with this same issue? How can our parents with children being transferred stop this?

  • 4 Chuck 09/19/14 at 12:31 pm

    CAN IQ TESTING BE MANDATED BY THE SCHOOL?

    A determination of eligibility for sp ed services is to be based on current evaluation. It appears that this was not done. OHI eligibility is to be based on a doctor’s report. You have the right to request an independent educational evaluation (IEE). An IEP is also to address a child’s needs regardless of the disability label used.

  • 5 Chuck 09/19/14 at 12:23 pm

    CAN IQ TESTING BE MANDATED BY THE SCHOOL?

    Jenni, your question is addressed in IDEA regs at: 300.305. The IEP team & other qualified professionals must review existing evaluation data (REED) to identify what additional data, if any, is needed to determine if the child still continues to need sp. ed & related services. In your situation it appears that the answer is yes, but the team could insist on IQ testing over your objection. The regs say that IEP is to address the child’s needs regardless of the disability label given the child. 300.304(c)(6)

  • 6 Susan 09/18/14 at 11:00 pm

    SHOULD I FIGHT THE CLASSIFICATION?

    My son was diagnosed with mild autism spectrum disorder by a nationally recognized clinic. On this basis, he was considered eligible for an IEP (previously had a 504 for Generalized Anxiety Disorder). At the IEP meeting, the chair said that since the diagnosis was only “mild autism” he would be classified under Other Health Impairment. The chair said my son really only has “autistic-like behavior,” not autism. Is this worth fighting?

  • 7 Jenni 09/18/14 at 12:24 pm

    CAN IQ TESTING BE MANDATED BY THE SCHOOL?

    I am wondering if IQ testing can be mandated by the school as part of the 3 year re-evaluation. At this point it has been suggested and not ‘required’. My concern is that a low IQ score would somehow result in a change of diagnosis and a loss of services. Currently there is a 30-40hr/wk ABA program, as well as weekly SLP, OT, PT, and Music Therapy in place. Current diagnosis is Autism. Progress is slow in coming, but it definitely coming.

  • 8 Chuck 09/17/14 at 12:05 pm

    ONE ON ONE ASSISTANT FOR AFTER SCHOOL ACTIVITIES

    I believe that 300.107 (Nonacademic services) of the IDEA regulations addresses your question.

  • 9 Theodore 09/17/14 at 8:43 am

    ONE ON ONE ASSISTANT FOR AFTERSCHOOL ACTIVITIES

    If a public school has an afterschool activity held on school property such as a sport, learning how to play an instrument…then is the child with the shadow/all day (required by her IEP) to be provided a shadow/assistant to be with them for the school sponsored and paid for afterschool activity or activities. Is there a law that requires the school to provide the shadow/assistant?

  • 10 Jim 09/16/14 at 10:51 pm

    DOES THE RESOURCE ROOM HAVE TO HAVE A TEACHER?

    I am a LI teacher at the high school level. We have students who have the accommodation to go to the resource room to take test quizzes and other task. My question is when the IEP has this accommodation; can the para or teacher take them to another place like the library? My second question is, does the resource room have to have a teacher. Can a para work with them in the resource room without a resource teacher? I read somewhere, but can’t find it, that the legal definition of a resource room must have a teacher.

  • 11 Chuck 09/16/14 at 11:41 am

    OPTIONS WITH EMOTIONALLY DISTURBED LABEL

    The school has the “right” to use this label, if she meets the IDEA definition for the label. However, regardless of labels, the district is required to address all of the child’s needs. Placement/removal from the LRE is another issue. IDEA & case law require the school to address a number of questions before doing this. ED label = removal from LRE would be a violation of IDEA. The question to the school should be “what additional services will be provided in the proposed setting, & why can’t they be provided in the current setting?”

  • 12 Denise 09/16/14 at 7:59 am

    OPTIONS WITH EMOTIONALLY DISTURBED LABEL

    My daughter was hospitalized in February for self harming. Because of the hospitalization the school said they were required by law to do a Re-evaluation for her IEP. They did this In May. She is now in HS and I just received the results. They want to label her as Emotionally disturbed. She is receiving therapy and seeing a doctor outside of school and is making progress. Her diagnosis is Depression. Does the school have this right to label her with this? We do not want her put in a special setting… or pulled out of class all the time. Do we have options?

  • 13 Laura 09/15/14 at 8:13 pm

    HOW DO I USE AN IEP ADDENDUM?

    What are some examples of when to use an addendum to an IEP? I get conflicting answers at my school.

  • 14 Christina 09/15/14 at 11:23 am

    SCHOOL OPTIONS

    My son is a freshman in high school and struggling. He has a diagnosis of depression, mood disorder, emotional disorder, ADD. He was in a PHP program and is now done. I have requested an IEP prior to him entering the PHP program. IEP was denied. Interventions will be put in place and they will meet in 30 days to reconsider request. We want to try high school again to see if he can get through the day. I called the high school to meet so we could put something in place to meet his needs if he returns. If he can’t get through the day, can we request half days or a home tutor? I know therapy school is an option but right now school in general is a stressor. Any help is appreciated. Thank you-

  • 15 thris 09/13/14 at 7:38 am

    IEP REQUEST FOR EA

    I recently had an iep mtg an requested for my daughter to have an ea instead of two ppt’s. Vp said they would look into it but chances are wont be able unless district approves. I recently got my daughter the 1:1 adult supervision which was hard , i needed dr’s notes stressing y she needed the 1:1because they said she didnt need it even though she falls more than 20 times a day with me but in school she doesn’t. (So they say) please help me thanks :)

  • 16 Hannah 09/12/14 at 9:01 pm

    GRADES AND CHEERLEADING

    Was hospitalized for mental health and drug/alcohol abuse my second semester of junior year for 77 days. During the period of treatment, I had missed APs, and returned a week before finals. Completed the semester with a 1.7 GPA. I was a cheerleader and had a 7th period as it was considered an athletic class, and was given a D regarding my absences, even with hospital papers. Along with the low grade, I was also denied a late tryout as I had missed the set date while in treatment. When I brought up the hospitalization/medical papers, I was still denied a tryout. Would there be an argument I can use to try and get back on the team? My mom has currently been turned away and was advised to call the district. Anything we can use in our case? I made up a failed class, so my GPA would be a 2.0 (eligible) had I not received a D for the 7th period

  • 17 Jennifer 09/12/14 at 12:45 pm

    IEP NOT IN EFFECT AT BEGINNING OF SCHOOL

    First of all, you have to have some documentation that the executive function problem is there. Do you have an evaluation that states this? If not, request one. If so, ask for a conference in writing that reviews the results of this evaluation. Then the school can address it.

  • 18 MORNING 09/11/14 at 3:59 pm

    14 YEAR OLD READING AT 4TH GRADE LEVEL – SCHOOL SAYS HE’S LAZY

    My dyslexic child who is now in high school went through a similar experience. I can say, without a doubt, that a motivated student with the appropriate reading intervention and invested teachers/tutors can learn to read. Older students can easily give up. When the adults/ teachers/ parents/tutors, etc. are willing to help, older students can make progress if they are motivated. Work through the process as Chuck suggested. My child is reading at a much higher level and also uses assistive technology. Get the AT eval. Know that smart phones and apps offer many levels of AT that teenagers can relate to. My child uses Kurzweil and some interesting apps when needed. The smart phones and tablets offer a lot of AT options. Apple products offer many options.

  • 19 Chuck 09/10/14 at 11:30 am

    CAN I MANAGE A CASELOAD OF HIGH SCHOOL STUDENTS IF I’M ONLY CERTIFIED IN ELEMENTARY AND MIDDLE SCHOOL?

    Zack, the answer to your first question depends on your state regulations. I suggest that you check that this is handled properly. The answer to the second question depends on district policy or procedures.

  • 20 Wanda 09/09/14 at 5:10 pm

    IEP NOT IN EFFECT AT BEGINNING OF SCHOOL

    It’s my understanding that an IEP goes into full effect the first day of school if one already exists, but my son’s hasn’t & the school is not listening to his problems with executive functioning. What should I do?

  • 21 Sharon L 09/08/14 at 10:01 pm

    14 YEAR OLD READING AT 4TH GRADE LEVEL

    Marcey, I am not sure what “resources” he has not been using & it is the school’s responsibility to teach him to read using whatever method works. My son was 14 before we (parents, not the school) found a tutor through a list from the International Dyslexia Assoc. (IDA). She tested & taught him to read using Wilson and Alphabetic Phonics. He thought he could never learn & that it was too late. We proved that the school did not give FAPE (I think this has happened to your son) & they paid for a 1:1 tutor 1 1/2 hours per day 5 days per week. My son read at 10th grade level when he was 20. He walked with grad class & went 1 additional year to school. He is now in college, a place he thought would be inaccessible. He uses a program that reads to him on computer.

  • 22 Zack 09/07/14 at 12:13 pm

    CAN I MANAGE A CASELOAD OF HIGH SCHOOL STUDENTS IF I’M ONLY CERTIFIED IN ELEMENTARY AND MIDDLE SCHOOL?

    School gave me a caseload of high school students to manage. I only have my certification in elementary/middle school. I was told that I would need an emergency license then SPED director told me that I didn’t and that she “would take care of it on her end.” Is this legal? If I get an emergency license, does the school have to pay for it?

  • 23 barbara 09/05/14 at 12:46 pm

    SCHOOL WON’T PROVIDE SERVICES ON DAYS WE WANT OBSERVATION OR DATA COLLECTION

    School says that for everyday that we want observation or data collection that our child will loose a day of service. She is contracted for 30 min of special ed 4 days/wk. We wanted data 2xs/wk and progress report every 4 1/2 wks. By the way, no baselines were done last year and no written observations or data was collected at all. Can the school deny service to do data? What should we do about data from last year?The data we insisted on this year as baseline took away 2 wks of service and showed 0 improvement in three goals for all last year.

  • 24 MORNING 09/04/14 at 4:47 pm

    SCHOOL SAYS I CAN’T WALK MY CHILD TO CLASS

    This brings out a lot of discussion. I will say that in every situation like this that I have been in as a para, the experienced staff, therapist, etc. always asserted that parents do not walk the kids to class, regardless. With that being said, the wisest teachers always worked with parents on a transition plan as some students had come from programs very tolerant of allowing parents to walk their kids to class and sit in the classroom for long periods. However, the parents were given a harsh reality check as the kids transition from pre-school to kindergarden and older grades. I don’t know about your case. I do know that it is to the benefit of the child if parents and staff can work together. It does not benefit the child for a parent to walk the kid to class.

  • 25 Dana 09/04/14 at 4:44 pm

    SIBLINGS IN SAME CLASS- THREE GRADES COMBINED

    Is this normal that siblings (one grade apart) are placed in self contained classes, with three grade levels in one class? What options do I have, as this structure will impact my daughter significantly. Any advice is welcomed!

  • 26 Chuck 09/04/14 at 11:12 am

    14 YEAR OLD READING AT 4TH GRADE LEVEL – SCHOOL SAYS HE’S LAZY –

    Marcey, your son is not being provided FAPE (Free Appropriate Public Education). If the new school does not develop a program to address reading, you have the right to use the state’s “dispute resolution” options. You can also ask for an assistive technology evaluation. Computers can read material to struggling readers, to help them in learning the curriculum.

  • 27 Chris 09/02/14 at 10:16 pm

    SCHOOL REQUIRES ENTIRE CLASS ATTEND MUSIC THERAPY

    Can a school district require an entire classroom to attend art and music therapy? A new student has moved into the classroom that needs the services. The district is positioning this as a ‘benefit’ I see it as taking away from academic time and lowering the bar for all of the students. It is not a requirement for my student and not in the IEP. What are my options?

  • 28 Katie 09/02/14 at 8:41 pm

    PLACEMENT LEVEL?

    I have a 7 year old second grader that reading comprehension scores are equivalent to a 13 year old and grade equivalent of 7.7.
    School is teaching from Horizons reading program. What level should his placement be?

  • 29 kELLY 09/02/14 at 5:17 pm

    DISCRIMINATION IN COLLEGE?

    I have severe bi-polar and anxiety disorders that have caused me to withdraw from college courses over the past 2 years. I have now run out on subsidized government loans and will no longer get any type of funding if I don’t follow an academic completion agreement. Is this discrimination? I’ve received gov.FAFSA each semester but end up withdrawing from classes after awards are disbursed.

  • 30 Jeff 09/02/14 at 5:16 pm

    SCHOOL SAYS I CAN’T WALK MY CHILD TO CLASS

    I have a child with autism and as of this morning. .. we were told we can no longer walk him to class… he wont walk with just anyone… Do we have the right to walk him to class?

  • 31 Marcey 09/02/14 at 4:00 am

    14 YEAR OLD READING AT 4TH GRADE LEVEL – SCHOOL SAYS HE’S LAZY

    Is the school responsible or is my son “not utilizing the resources being given to him” regarding him being 14 year old and reading at a 4th grade level? My son has had an IEP since Kindergarten, was in 12:1:1 until the 7th, when he was thrown into “integrated” classrooms. His reading has not improved at all since he was last tested over 3 years ago. It was only after I begged that they re-evaluated him after 3 years. My son is to the point to where he feels it is “too late” to catch up. He has claimed the class clown role. this helps divert attention away from his below standard academic level. I have been told pretty much it is that my son is lazy and is not utilizing the resources that the IEP has put in place for him. I beg to differ. I felt we were bullied at the last IEP meeting, and now we have moved to try a different school ??

  • 32 Emily 08/31/14 at 5:25 pm

    SCHOOL REFUSES TO TEACH PECS

    We just changed school districts in Va. My daughter has a dual diagnosis of ASD and Down Syndrome and was previously being taught PECS by her ST and special ed teacher through her last public school. Her new school says they have no one that is trained in pecs and will not be able to teach or implement PECS. Her IEP explains her success with pecs and that this is her only functional means of communication since she is completely non verbal. What are my rights? Her IEP is current but they said we have to meet within 30 days for a review and to make any necessary changes. Can they refuse to go to formal training and refuse to use this system with my daughter?

  • 33 Audrey 08/30/14 at 2:59 pm

    SCHOOL REFUSES TO ALLOW LIVESCRIBE PEN ACCOMMODATION

    My 16 y.o. son was just diagnosed with dyslexia. It was recommended that he use the Livescribe pen. We purchased the pen ourselves, but his private (Catholic) school said the faculty has chosen to not allow recordings in class. Is it legal to not allow this accommodation? And, where do I find the law stating they need to allow this accommodation?

  • 34 Deborah 08/29/14 at 10:06 am

    BUS TRANSPORTATION FOR EXPELLED STUDENTS

    If a student with a disability is expelled and placed in an alternative placement.
    Can an IEP team make a decision to provide transportation in order to provide FAPE if the school district does not provide transportation for regular education students?

  • 35 Cynthia 08/27/14 at 2:57 pm

    TEACHING SMALL GROUP INSTRUCTION/INTERVENTIONS IN THE HALLWAY

    My school has gained three teacher units this week and I lost my resource classroom. I am thrilled with the addition of teacher units because it was greatly needed. I work with all students K-3 with IEPs and K-3 Tier III students. Are there any violations of IDEA or FERPA taking place if I work in the hallway with my students? Last year, I had 59 general education (no IEP) kids come through my intensive intervention groups. Students beg to come with me and I am seen as a positive teacher to go with. What are your thoughts? I just want to make sure that I am following all laws. I have searched online for a few hours and haven’t found any court cases, blogs, or articles relating to special education teachers serving students in hallways.

  • 36 Debra 08/26/14 at 10:39 am

    BUS PICKUP WITHOUT AN ADULT

    Is it legal for the school bus to pick up my son without an adult being present? (I have two young adult non-verbal sons with severe autism. After giving medication to one son, I came into an empty living room. After running and screaming my son’s name through the house and neighborhood – I called the bus company. The bus had arrived 15 minutes early, my son ran out, they ‘said’ they waited a bit and then left. Administering my sons liquid epilepsy medication takes less than a minute. I’m still shaking…)

  • 37 Laura 08/24/14 at 10:57 pm

    CHANGING AIDE – DOES SCHOOL HAVE TO NOTIFY PARENTS?

    Is it required by law for a school district to notify families when their student’s full inclusion aide will be changed?

  • 38 Jenny 08/23/14 at 9:25 pm

    DOES THE IDEA RECOGNIZE DYSLEXIA?

    We have a child with a high IQ who is in the gifted program. He has only qualified for an IEP in LD written expression. He clearly needs support in reading and speech too, but is performing at “grade level”. We just received his state achievement scores and he is barely proficient in reading and math. We have hired private tutors to work with him using the Wilson method, but see his growing anxiety regarding school. Any thoughts on how to advocate for his needs? Do we need an official dyslexia diagnosis from a private evaluation? Any thoughts would be helpful.