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49 responses so far ↓

  • 1 sheila 03/01/15 at 1:46 am

    SCHOOL WANTS TO GET RID OF MY SONS PARA

    My son has a one-one para in school,full day, goes to a public school 4th gr. He has autism and problems with easily distracted, hard time staying on task,and learns social skill at counseling. School firmly told me, they are taking away his para since he has no severe behaviors. Principal said his para was a crisis management para. I told her the issue was not his severe mental behavior but his sustainability during class work,lesson,etc. I will be having my IEP meeting soon and I feel he still needs this para. Does the school have the legal right to just delete this from his IEP? I need some advice,pls help me.

  • 2 Lisa 02/28/15 at 1:37 am

    PRINCIPAL TELLS TEACHER NOT TO SPEAK WITH PARENTS ABOUT CHANGE

    I am a TVI – Teacher of Visually Impaired experiencing a personality conflict with a Principal/Super and due to strictly political reasons decided he doesn’t want me on his site next year. The child is not being considered at all. My SELPA is honoring this request. I’ve voiced my concerns that parents and child very happy with my services and they would want to know right away. Child an inter district and I know they would return to their district. I was directed not to tell the parents I wouldn’t be their TVI next year and they would tell them at the end of this school year. I know parents would expect me to tell. I’ve always advocated for parents and students this is why I’m in this predicament. Principal felt I stepped out of bounds involving myself in his affairs (aide problems.) What can I do? If anything?

  • 3 Michael 02/27/15 at 1:17 am

    PARENT NOT ALLOWED ON 14+ hr. FIELD TRIP HOURS FROM HOME

    Son has a long day field trip four hours away on charter buses with numerous stops. He has a new IEP for OHI with modification for numerous health and behavioral issues. So far, it has not been followed well. Only one parent is allowed per classroom, and it does not appear I will be chosen. A teacher and one chaperone with 20+ kids is not enough to monitor our child closely in this environment. We want him to be able to go and he wants to participate but do not feel there is adequate supervision in this circumstance without a parent present. Should we ask parent supervision on field trips be included in his IEP? Can they deny that, effectively denying him the right to participate?

  • 4 cheri 02/26/15 at 8:27 pm

    PARENTAL CONSENT COUNSELING

    I had cps called on me back in November 2014 and they came to my home and said they would not be back. But today my daughter told me the school counselor pulled her out of class and told her that he wants to meet her on a weekly bases. Is this legal ? I was never notified of any of this and my daughter is an excellent student and she doesn’t want to meet with him because she wants to be in class to learn. What is my legal rights on this situation?

  • 5 Doc 02/26/15 at 1:32 pm

    GENERAL ED COURSES ELIMINATED IN THE CONTINUUM OF SERVICE OFFERINGS

    IDEA mandates that children with disabilities be educated in the least restrictive environment. There is a continuum of class options that include self-contained, resource, general ed, college prep and AP (some states have additional ones). Some districts are eliminating the general ed class in favor of a more rigorous College Prep. In doing so, many students with disabilities who are placed into either resource or in college prep are moved into a more restrictive environment. As a result, the LRE is violated.

  • 6 Kathleen 02/26/15 at 9:10 am

    NOT FOLLOWING IEP ACCOMMODATIONS DURING PAARC TEST

    Can a district get away with not followiing IEP accomodations in a PAARC testing scenerio or can a parent work with district to make sure that IEP is followed during PAARC test?

  • 7 rhonda 02/25/15 at 6:42 pm

    APPEAL OF ALTERNATIVE SCHOOL PLACEMENT

    Hi, I’m in a dilemma and don’t know what to do now. My son is on disability, has BP1 and ADHD, has an IEP, and is also in a outpatient day treatment for behavior everyday after school, since last year his IEP teacher and him, have clashed, and she knows how to trigger him when he is rapid cycling into bad anger! We had a manifestation meeting on the 8th of Feb. Apparently he had an altercation with her on the 29th of Jan. I wanted to see video to see if teacher provoked him, like she has before, they wouldn’t let me, kept going around the subject. They requested him to alternative school for discipline. We didnt know we were supposed to file appeal, no one told us, found out, filed, and am still waiting on decision. after work, my voicemail had message from lady at alternative school wanting to set up an intake. Really? Do I need lawyer?

  • 8 Tricia 02/25/15 at 12:57 pm

    SCHOOL SAYS IF SON DOESN’T GET SPEECH, HE CAN’T GET OT

    Hi! My 8 year old son has had an IEP for SLP since he was 3 years old. In January 2015, they added OT to his EIP for Handwriting. I just rec’d a call this morning that after taking the MET he no longer qualifies for speech (yippee). However, the school is telling me that because he no longer gets speech he can no longer receive OT. How can this be true? HELP!

  • 9 Wrightslaw 02/25/15 at 12:30 pm

    SCHOOL WANTS TO DISCONTINUE SON w ADHD FROM SERVICES

    NOT SO FAST! The school cannot unilaterally discontinue your son’s special ed services unless you go along.

    You need to educate yourself about legal requirements for eligibility – how these decisions are made – before you can be an effective advocate for your son.

    * Comprehensive Evaluation *

    Before the school determined that your child WAS eligible for special ed services, they were required to do a comprehensive evaluation and assess all areas of suspected disability.

    Before the school can determine that your son is NOT eligible for special ed services, they are required to do a comprehensive evaluation and assess all areas of suspected disability.

    Has the school completed this comprehensive evaluation? Do you have a copy? Do you agree with the findings? If you don’t agree, you may need to get an independent educational evaluation.

    Please read this article about “Terminating Eligibility” now!
    http://www.wrightslaw.com/heath/elig.eval.read.htm

  • 10 RH 02/24/15 at 7:23 pm

    FOOD ALLERGIES

    I have a 3 year old child who has lots of food allergies. i want to send him in to a school nursery, but every school i spoke to say I have to give him a packed lunch. His diet is very limited. he can only eat meat, chicken, rice, most fruit and veg and milk. I am also a muslim and so we can only eat Halal meat and chicken. The schools don’t do halal. The do vegetarian option which is Quorn which my son cant eat as it contains Egg.

  • 11 Jim 02/24/15 at 7:20 pm

    LEAST RESTRICTIVE FOR REG. ED. STUDENTS

    I am SPED teacher and co-teach in several reg. ed. classrooms. I recently had a question form a reg. ed. teacher concerning “Least Restrictive Environment.” Does it only pertain to students with an IEP. Are the regular education students protected under this. The reason is that there is a large number of SPED students in this classroom. Due to this, the pace is much slower and many of the higher functioning re. ed. students are restricted in how far the class moves in the year and not covering all content they might need and deserve to prepare them for post-secondary education.
    Jim

  • 12 Nancy 02/24/15 at 2:16 pm

    SCHOOL WANTS TO DISCONTINUE SON W/ ADHD FROM IEP SERVICES – SAME WEEK AS MED CHANGE

    My almost 14 yr old son has been on an IEP for written communication skills for 5 years. He qualified under OHI. His 3 yr reeval is due in Spring 2016, but the school requested a Review of Data now (Spring 2015) with the intent/goal of discontinuing his services due to his awesome academic performance.

    Almost simultaneously our pediatrician discovered our son is suffering drastic weight loss and reduced his medication by half. Additionally our son is about to transfer from Middle School to High School.

    The school argues he makes all As, he performs well, he is fine. Give him a 504 and move on. We feel we would like to maintain the IEP one more year & be certain he can maintain his skills with the reduction in meds. Who is right?

  • 13 Veronica 02/24/15 at 1:07 pm

    CAN THE SCHOOL DENY 504 ACCOMMODATIONS IN AN AP COURSE?

    I’m confused. If this student has a 504 plan, the school needs to provide the accommodations on the plan even in AP classes. What does the College Board have to say about providing accommodations in a school class or prohibiting a student on a 504 plan from taking AP classes? Maybe I misunderstood your question.

    OCR says – “The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II.”

    http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20071226.html

    This is on the Wrightslaw 2-e page here: http://www.wrightslaw.com/info/2e.index.htm

    The College Board does have to approve accommodations for a student taking SATs. http://www.wrightslaw.com/info/college.SAT.accomm.htm
    I understand this approval can be difficult to get. But I don’t think the College Board can dictate a student’s 504 plan accommodations in school.

  • 14 Shants 02/23/15 at 11:15 pm

    SPECIAL ED. TEACHER DOING TIMEPASS INSTEAD OF TEACHING THE STUDENT

    My kid is supposed to get special classes and is already behind from the expected grade level.
    The teacher is asking to draw pictures, writing misc. notes, talking on misc. topics, weaving hair etc. We are currently in a bind what to do in such a situation. We can’t straightly ask the teacher to teach.We are also not sure if telling the supervisor/principal would be good thing to do.

    Please suggest, what can be done.

  • 15 Dee 02/22/15 at 10:45 am

    IS THIS DISCRIMINATION?

    My child who has a learning disability in Math and has an IEP was denied access into a lottery for selection to attend a specialty high school in our district. According to the school, she was denied due to not meeting test score minimum in area of math. I was told the school only looks at test scores and doesn’t determine why a score is low. Although I attached her IEP, I was told that it didn’t matter that she had an IEP in this area. She didn’t meet minimum criteria, therefore wasn’t eligible. Wouldn’t this be discrimination based on ADA or Rehabilitation Act? I have complained to Special Ed director but not have not heard back.

  • 16 Brenda 02/21/15 at 9:45 pm

    PARENTS IN THE CLASSROOM
    Can parents observe their own child in a special education class without permission from all the other student’s parents? I have been told that it is a violation of their privacy.

  • 17 stephanie 02/21/15 at 7:48 pm

    EDUCATIONAL SERVICES IN LONG TERM FACILITY

    How can I get help from the school for educational services in a long term mental facility? I have been told that this can happen

  • 18 Vaibhav 02/20/15 at 2:00 pm

    CHILD SCORES ON GT TEST BUT DENIED SERVICE

    My 5-year old son (in kindergerten in texas) scored 135 in GT testing (GT score is 130) in Math/Science but is denied services due to his class teacher giving him a very low score of 48 (83 required for GT). Is it possible for a child to score in top 2.5 percentile of population but be ranked so low in teacher assessment. How is it possible to have such a large discrepancy in score? We have appealed but am lost as to what new information I can present that the committee doesn’t already know.

  • 19 Sherry 02/19/15 at 10:08 pm

    NEW PARCC ASSESSMENTS

    Now that the new generation assessments are here, the administration manual from PARCC suggests that only students in the initial decoding stages of reading should receive their read-aloud accommodations on the reading assessment. I have several students with disabilities who are reading several grade levels below and even if you put a decodable grade level word in front of them, they will not be able to read the word. How can I provide justification that these students with disabilities, although, maybe not in the initial decoding stages, should still receive the accommodations as stated in their IEP’s on this particular assessment without the possibility of the assessment being invalid? Does the IEP document override what PARCC recommends? What can we do about this?

  • 20 amy 02/19/15 at 5:29 pm

    SON BEING PUSHED, NOT ACHIEVING GOALS

    My son has not achieved an IEP goal but the goal is increased a grade level. These goals will not be accomplished or they are only 1/2 way accomplished by the end of the school year. I feel as if he is being pushed through the system. When I bring up my concerns, I’m perceived as difficult. He will be in high school next year, what are my options?

  • 21 Jennifer 02/19/15 at 11:54 am

    DEFINITION OF BULLYING

    Robert, check the school’s handbook. There should be an extensive definition there.

  • 22 Chuck 02/19/15 at 11:53 am

    DEFINITION OF BULLYING – ATTORNEYS AT IEP MEETINGS

    District policy & procedures on bullying should give you the answers to your questions.

    IDEA regulations allow schools & parents to bring anyone that they feel will be helpful to the IEP process. Unless state rules put some limit on schools having an attorney there, they can do this. They should inform the parent ahead of time.

  • 23 robert 02/19/15 at 7:14 am

    DEFINITION OF BULLYING

    How/When is bullying specifically defined? How/When is bullying not defined as bullying?

  • 24 robert 02/19/15 at 7:12 am

    ATTORNEYS AT IEP MEETINGS

    Is a district’s attorney allowed to be present for any IEP meeting? If a district requests their attorney be present for a meeting if we do not have an attorney present for that meeting? Are there any legal exceptions that allow a schools attorney to be present despite parent’s objection?

  • 25 Julie 02/19/15 at 4:45 am

    CAN THE SCHOOL DENY 504 ACCOMMODATIONS IN AN AP COURSE?

    Our student has accommodations in a 504 plan that include keyboarding all written work longer than 1-2 sentences. He has well-documented professional diagnoses and a history of using accommodations for all classwork/standardized testing starting in 3rd grade.

    We’ve been told by the school staff that he can not use his accommodations in AP courses because the College Board determines who is eligible for accommodations on the actual AP exam. We are applying for AP exam accommodations but haven’t received an answer yet. The school staff member who has told us he is not eligible to use his 504 accommodations in an AP class is also recommending he not take the same AP class because of his need to use accommodations, even though he has the prerequisites and is capable of the work.

  • 26 Chuck 02/18/15 at 10:05 pm

    BREACH OF PRIVACY – NO RESPONSE TO IEP REQUEST

    I suggest taking your written request up the school’s “chain of command”. They are violating their child find responsibility by not responding.

  • 27 Matt 02/18/15 at 10:04 pm

    BREACH OF PRIVACY – NO RESPONSE TO IEP REQUEST

    Hi, my son has been diagnosed with ADHD. Medications are helping very well but we still have issues. Recently i was told by a parent that my son’s name was brought up by the teacher in another students parent /teacher conference. I have been told this is a breach of his confidentiality rights but my research has failed to yield results. I have formerly requested assistance with either a 504 or IEP but they won’t respond to the email.

  • 28 Jennifer 02/18/15 at 6:37 pm

    AAC iPAD APPS – STUDENT PRIVACY

    My daughter is nonverbal. She uses aac program on a iPad provided by me. I want her to have a friend page. It has he classmates picture and first name. It’s so she can interact with her classmates. The school says it violates privacy of other students to do this. Is this true?

  • 29 Kathy 02/17/15 at 4:05 pm

    CAN THE SCHOOL ASK ANYONE TO COME TO AN IEP MEETING?

    I understand the laws concerning attendance/excusal of team members. My question is can a school district invite employees of the school district (who have never worked with the student) or from other outside providers to a team meeting without listing them on the Attendance Form for Special Education meetings that is sent with the invitation to the parents? I had several people show up at a team meeting for my son that I was not aware would be attending. They took over the entire meeting and when I questioned why the OOD coordinator was present at my in-district son’s meeting she told me anyone from the district could attend any meeting and the parent did not need to be informed in advance. Placement was not being discussed. An outside provider (not affiliated with school) apologized for not attending meeting. He was not on invitation.

  • 30 MORNING 02/17/15 at 11:57 am

    PARENT NOT ALLOWED AT SCHOOL FUNCTIONS

    Remember, that school administrators and police officials work together in many ways. If they feel that his past actions would in any way shape or form put students and staff at risks, then your son should be denied going to school functions. The principal, I am sure, would not go to this extreme without consulting school council and even the local police. If the incident at the other school was severe enough to issue such a warrant, it is something that may be justifiable. I do get alarmed and scared when I see parents or anyone “act out” at school towards teachers, coaches, students and even other parents. However, in this day of school violence—principals have hard decisions to make. There should be an appeal process for your son. The students’ safety must come first.

  • 31 Rebecca 02/17/15 at 11:56 am

    PARENT NOT ALLOWED AT SCHOOL FUNCTIONS

    My son is being issued a warrant that he is not allowed to go to any school function. My son is the father of a pre-k, 5 grader, Sophomore, Freshman. My question is the situation they are talking about happened at different school campus. My concern is that to me it’s a form of bullying, due to younger children who had nothing to do with situations, the children have nothing to do with the matter. How do you tell a 5 yr old I can’t go or the 11 year or two other children I can’t go see you. Principal never said a word and week or more later he decides to issue a warrant. Bullying comes in many forms and I believe this is the situation.

  • 32 Angela 02/17/15 at 11:12 am

    SCHOOL PROGRAM/PLACEMENT INAPPROPRIATE – DO WE HAVE SCHOOL CHOICE?

    My 8 year old (dyslexic) daughter that has an IEP for SLD, S-L, and OHI (ADHD). The program and placement the school insisted on was inappropriate & she regressed. Eventually, we provided 10 days PWN to remove her from public school bc she wasn’t being provided w/a FAPE. We withdrew her, put her on homeschool status, she began Lindamood-Bell Learning Center (6wks reading/spelling/writing above grade level!). We filed a formal complaint with the GA DOE, asked for compensatory funds (61 days, still waiting). We’d like to re-enroll her in public school but want her to have a “fresh” start at (next-closest) school in the (same) county. I’ve been told by GA DOE school choice is entirely at county’s discretion. County won’t work with us. I have all the wrightslaw books (Godsend) Can’t find the answer. Do we have any rights? Thanks!

  • 33 Sharon 02/13/15 at 2:04 pm

    CONTRACTED BY SCHOOL TO PROVIDE IEE – BUT SCHOOL PSYCH SAYS I WAS NOT QUALIFIED

    I am a licensed clinical psychologist in private practice, and I have been contracted to provide an IEE by a school district. This district has contracted with me in the past to provide an IEE. After presenting my findings over multiple hours in the IEP meeting, the school psychologist claims that I am not qualified to provide the IEE as I am not a school psychologist. CA Ed Code, state and federal regulations only state that the MINIMUM qualification includes licensure as a school psychologist. Given the mental health nature of the student’s disability, I assert that I am more than qualified to provide the IEE, and that case law (Piedmont City v. Student) establishes that in some cases, a more highly trained evaluator (rather than a school psychologist) is required to provide the IEE. Thoughts?

  • 34 Chuck 02/13/15 at 2:02 pm

    SON NOT ALLOWED TO MENTION ASPERGERS OR AUTISM

    This could be considered a violation of Section 504. Hopefully a discussion with the principal or special ed director would lead to the campus changing their position on this.

  • 35 Chuck 02/13/15 at 12:30 pm

    PARENT ON FIELD TRIP

    This would depend on state & district policy on individuals coming onto a district campus & going on field trips.

  • 36 Elisha 02/13/15 at 12:29 am

    PARENT ON FIELD TRIP

    If I have a felony, can I still go on my child’s field trip as long as I’m not chaporoning any other kids?

  • 37 Chuck 02/12/15 at 5:28 pm

    TEACHER IS BULLYING MY SON

    Ask the district or campus for a copy of their bullying policy. Follow the policy for reporting bullying & monitor that the administrators follow the policy regarding investigating & reporting to you. The policy should indicate the rights that you & your son have regarding bullying.

  • 38 kevin 02/12/15 at 3:44 pm

    TEACHER IS BULLYING MY SON

    My son’s Spanish teacher is always bullying him in class. She said it’s because he isn’t trying hard enough. He is passing the class but she makes him eat lunch in her room. She hovers over him trying to get classmates to react to it, then gives him detention. Can I do anything about this? It’s effecting all his school work.

  • 39 Erin 02/11/15 at 11:24 pm

    SPED PRESCHOOLERS WALK ACROSS CAMPUS TO ELEMENTARY BATHROOMS

    Some of our Special Ed preschool classes in San Diego, Ca.do not have hot water for toileting and dishes. They march the kids across campus to the elementary bathroom. They don’t even have little toilets. I do believe this is not legal. I need the ed. code or to refer to when I address this

  • 40 Chuck 02/11/15 at 4:24 pm

    WHAT TEST IS FOR COGNITIVE IMPAIRMENT?

    It would help to know your state’s definition of cognitive or intellectual impairment/disability. IDEA still uses the term “mental retardation”. Typically the state definition will address “sub average intellectual functioning” & deficits in adaptive behavior. So tests would need to measure intellectual functioning & the level of adaptive behavior. There are a number of tests designed to test these. Districts usually have 1 or 2 tests of each type that I like.

  • 41 sue 02/11/15 at 4:23 pm

    WHAT TEST IS FOR COGNITIVE IMPAIRMENT?

    My daughters school has her diagnosed as Specific Learning disabilities. She is below in all academics and going into 6th grade next year. What questions should i ask the school to get a better diagnosis? She has autism. I want to get my child tested for cognitive impaired. What test should i ask the school to do ? This is for my 12 yr old.

  • 42 Chuck 02/11/15 at 4:07 pm

    SCHOOL WON’T MOVE FORWARD WITH EVALUATION PROCESS

    The federal Dept. of Ed. has stated that the RTI process cannot be used to deny a parent’s right to request a sp ed evaluation. Some states have regulations stating this. One intent of IDEA was to encourage schools to move away from the 2 years behind concept & identify children at a younger age. Some states have rules about identifying struggling learners. These can be identified before 3rd grade. Research what your state regs & agency says on this.

  • 43 Brigid 02/11/15 at 4:06 pm

    SCHOOL WON’T MOVE FORWARD WITH EVALUATION PROCESS

    I am a teacher and have been repeatedly told by our Special Ed Coordinators to not go forward with the SST or RTI process because the student will not qualify. Where can I find support? I have carried out interventions for over 6 weeks, have baseline and post data, formative data, and observations. I know that a student may not be 2 grade levels behind yet. Isn’t there any way to move forward with the process? Please let me know where I can find help! Thanks!

  • 44 Brad 02/10/15 at 7:58 pm

    ACCOMMODATIONS ON ACT TEST

    I have provided official documentation to the public school my daughter attends, from a licensed diagnostician and an MD, that my daughter has a processing disorder and ADHD. I requested an accommodation of extended time on exams/state/college assessments. A month later, we have had the initial 504 meeting to be declined, has “no educational need” with a GPA 3.4. I just asked to sign the ACT form requesting extra time as my daughter’s teachers permitted (using ACT words) “extra time” and my daughter improved. The school refused again. I pointed out in their own minutes, the teacher did allow time, changed the ACT form to “yes” and sent it back for a new signature. The 504 coordinator sent an email stating “I will NOT sign the form I changed and will be contacting ACT.”

  • 45 Chuck 02/09/15 at 6:45 pm

    2 HOUR BUS RIDE: NON-DISABLED KIDS ALLOWED IN SCHOOL AT 7:30, SPECIAL NEEDS CHILD NOT ALLOWED IN BEFORE 8 – NO LAW TO PROTECTS HIM?

    This would be covered by the anti-discrimination law – Section 504 or the Rehabilitation Act, administered by the Office of Civil Rights.

  • 46 Tina 02/09/15 at 6:44 pm

    2 HOUR BUS RIDE: NON-DISABLED KIDS ALLOWED IN SCHOOL AT 7:30, SPECIAL NEEDS CHILD NOT ALLOWED IN BEFORE 8 – NO LAW TO PROTECTS HIM?

    My special needs child is not allowed to enter school before 8 am. Non-disabled children are allowed to enter as early as 7:30 because the school provides breakfast. We can transport him and drop him off at 7:40, and still make it to work on time at 8:00 a.m. Since he is not allowed in the school until after 8:00 am, he has to ride the bus in order for us to get to our jobs on time. The bus picks him up at 6:15 am and usually arrives at school at around 8:10 so he is on the bus for nearly 2 hours. He is still allowed to have breakfast but we hate that he has to be on the bus so long.

    Is there any law that says if non-disabled children can enter the school at 7:30, then my son should have the same right?

  • 47 Janice 02/09/15 at 1:18 pm

    TRUANT OFFICER PULLING MY 9 YEAR OLD OUT OF CLASS WITHOUT INFORMING ME ABOUT BEHAVIOR PROBLEMS

    I have a 9 year old son who has an iep and was wondering if it is legal for the Truant officer to come to the school and pull my child out of class for behavioral issues without informing me first.

  • 48 Chuck 02/09/15 at 1:18 pm

    THE SCHOOL INSISTING ON ME PUTTING MY SON ON MEDS

    IDEA regs say that a state “must” prohibit district staff from “requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the
    Controlled Substances Act (21 U.S.C.812(c)) for a child as a condition of attending school, receiving an evaluation …, or receiving services under this part.” 300.174(a) This rule covers ADHD medications & is to address situations like you are dealing with.

  • 49 Janice 02/09/15 at 1:17 pm

    THE SCHOOL INSISTING ON ME PUTTING MY SON ON MEDS

    My 9 year old son they say is adhd and the school is trying to force me into putting him on meds. I did put him on Concerta for one school year and he ended up with elevated liver enzymes. I will not put him on meds again and what to do when this is all they talk to me about?