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

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46 responses so far ↓

  • 1 Chuck 01/29/15 at 1:16 pm

    TESTING TIME

    Karen, the school is using a “one size fits all” model for testing students with disabilities. If reminding them that this is not allowed under IDEA & Section 504 does not change their opinion, you can appeal this to the sp ed director. If this does not work, you can make a complaint to the state ed agency or Office of Civil Rights.

  • 2 Mari 01/29/15 at 5:37 am

    PARENT RIGHT TO INVITE PEOPLE TO IEP MEETING

    Tony,
    That teacher knows something they don’t want her to reveal. Be sure you know exactly what that is. Gently insist on an accommodating time. Do not attend a pre-meeting to discuss her attendance. They are going to tell you that she is “disgruntled” or “bad news.” However, let the Sped Director know that you believe that the district changed the time to avoid her presence, and that you see that as a red flag. The response should be a denial; they should at least pretend they have nothing to hide. (Important: Sped Director and not the principal) Let her/him know that if the teacher is not the issue, then why all the trouble with accommodating your needs? That should produce some cooperation. Good luck. You are obviously dealing with a problematic district. Consider moving

  • 3 Mari 01/29/15 at 5:10 am

    IEP REQUIRES REG ED TEACHERS TO GIVE SPECIALIZED ACADEMIC INSTRUCTION, NOT SPED TEACHERS

    As a favor, I’m doing a long term sub in a 7th grade Language Arts classroom. There are 6 sped students with LDs. They can barely read. So far no services. So I looked at their IEPs. They state, “Specialized Academic Instruction; service to be provided by collaborative model, by Gen Ed & Sp Ed teachers.” Various minutes per week are required, 200, 140, 120, etc. The principal states that the case worker will “push in” when she can- which can’t be much since I haven’t laid eyes on her. Meanwhile, these kids aren’t progressing. Could this possibly be legal? Can I ask for IEP meetings for these students to understand, and possibly change, my responsibilities? I am not a sped teacher, and I don’t want to perpetrate fraud.

  • 4 Susan 01/27/15 at 2:11 pm

    ACCOMMODATIONS “WHEN REQUESTED” on IEP

    I want “WHEN REQUESTED” removed from my son’s accommodations on his IEP. My interpretation of the Law is accommodations are to be provided in order to help the child access curriculum and make progress in the Gen. Ed Classroom. According to the language in Wrightslaw Special Education Law book, “to be provided and will be provided for the child, is key. Does an accommodation have to be requested by the student or parent to receive their accommodations with this “When Requested” statement is written on the IEP? Shouldn’t accommodations be provided regardless of “WHEN REQUESTED”?

  • 5 Karen 01/27/15 at 12:24 pm

    My son has a speed processing issue and in his elementary school they give him as much time as he needs to complete quizzes and tests, including national standardized tests. Next year when he is in 8th grade, he will be taking a placement test for the high school in our community. The high school only allows for 1 1/2 times the regular allotted time to take tests which they administer. I know from a relative who lives in another school system in our metropolitan area, that her son in high school gets as much time as he needs to complete his quizzes and tests. Why do school systems put arbitrary restrictions on time for tests when dealing with a student who has speed processing issues? It’s like putting a size 6 shoe onto a person who wears a size 8 shoe. How do I get unlimited time for my son when he is in high school?

  • 6 Sarai 01/25/15 at 2:20 pm

    CAN MY DAUGHTER QUALIFY FOR A 504 PLAN

    To Javier: In two districts I’ve worked in, students who frequently miss due to medical issues are usually homebound. That means they come to school if and when they can. Their homeroom teacher provides the missed work, and a teacher who is part of the homebound program meets with the child on a regular, agreed on schedule outside of school hours to teach them. That teacher may or may not be the homeroom teacher. This way the child doesn’t miss out on skill development and learning. I’ve had two students who were part of such a program. In both cases the students successfully maintained good academic standing throughout the year. Homebound is managed through SPED. Something like this may be more successful for your daughter, because it will prevent her from falling behind in the first place. A 504 will not address the issue of attendance.

  • 7 Jane 01/24/15 at 1:09 pm

    504 CONCERN

    A successful 504 plan including a 1:1 aide has been in place for my child for 3yrs due to allergies (he has experienced anaphylaxis). Since then his aide has been consistently w/him for 2 1/2 yrs. she was now switched mid yr. I am an educator & realize that schools can & do switch aides. However, since the aide wanted to remain w/ my child, we were not notified, his medical condition is the same, & my son was emotionally disturbed by this switch at this time I am wondering if any other cases have presented like this. I tried to solve this amicably w/ the principal to no avail. His meeting w/ me was mere “window dressing” & explaining his staffing dilemmas aside from apologizing that we shouldn’t have found out from our child. Doesn’t it make sense for children w/medical needs to have a consistent aide if possible? Thank you

  • 8 tiffany 01/22/15 at 5:54 pm

    SCHOOL ACCUSES SON OF STEALING, CALLS POLICE

    I would like some advice, for an incident has happened with my 9 year old son and a teacher of the district. I received a phone call from the principal. She says “Your son has been accused of stealing the teachers phone…”I immediately rush to the school to gain clarity of the situation. After going over the accusations with the principal I recommended my son be placed in another class for the remainder of the day. The next day I sent my son to school with a note for the principal to remove my child from the class permanently. She advises my son there will no switching of class. As my son enters the class she grabs him by the arm and says “Get over here and write your address down!” He refused and snatch away. She calls the police, so the officer comes and questions my son with out his parent. What should I do?

  • 9 Chuck 01/22/15 at 2:37 pm

    TEACHER / STUDENT RATIO

    There is no federal rule on this, but a state may establish ratios. You can check on the state agency’s sp ed website or with the state’s parent training & information project.

  • 10 Jen 01/22/15 at 9:29 am

    TEACHER / STUDENT RATIO

    Is there a teacher:student ratio for sped. classes outlined in the law? I have a resource class with 11 enrolled students and no para. (That’s only one example.)

  • 11 Theresa 01/22/15 at 9:05 am

    IS “PULL OUT” FOR TESTING LEGAL?

    There is controversy among some teachers and CST members. I teach a group of classified students as an in class support teacher. My students need to be pulled out for testing so that they are not distracted and can have the test read to them. CST is stating that it is not legal to pull them out of the general education classroom. If they are in class with support they should stay there. I feel this is wrong. Can you advise please

  • 12 Liza 01/21/15 at 11:05 pm

    TITLE ONE FUNDS NOT GOING TO SPED

    I am a special education teacher. My school has bought books and a resources for general education teachers only with title one funds. Is this legal?

  • 13 Chuck 01/21/15 at 2:49 pm

    SCHOOL SAYS TEACHERS’S PREROGATIVE TO GIVE AP STUDENT HIS 504 ACCOMMODATIONS

    Susan, the TX education agency (TEA) has recently updated the Dyslexia Handbook. It reinforces that accommodations are to be followed. This document can be found at: http://www.region10.org/dyslexia/index/ There is also an item there on serving twice exceptional students.
    Suggesting that you take him out of pre-AP classes is a violation of 504. Every district is to have a 504 coordinator for the district. I suggest that you contact this person. Hopefully they realized that the campus position is wrong. If not, you can contact TEA about this.

  • 14 Kimberly 01/21/15 at 12:16 am

    NEED HELP WITH BEHAVIOR PROBLEMS

    I have 2 kids 1 is 18 and in the 11th grade and the other is 13 and in the 7th grade. They both has the same nasty attitude don’t want to do nothing I ask them to do but what to use profanity towards me as if they are the adult and i’m the child. Just back here 3 wks ago th 18 year old left here for school one friday and haven’t return yet. But i have had dhr and others calling me cause he told them that i told him to get out my house but that is not the case. The 13 year old decided he wanted to fight me and call me all kids of names under the sun. I have did nothing but loved my kids and been there for them. But for them to turn there backs on me and go around the town telling lies on me and having people to be looking at me is not fair. I have went to the police,judge,counselor,juvenile officers,dhr,& sherriffs and i can’t get no help. I don’t know what to do. Who can help me?

  • 15 MORNING 01/20/15 at 10:52 pm

    SCHOOL SAYS TEACHERS’S PREROGATIVE TO GIVE AP STUDENT HIS 504 ACCOMMODATIONS –

    My question would be directed to the student in terms of what are his needs and goals. Can he work with the teacher directly concerning the accommodations? I have heard it and experienced it many times— some teachers (especially in high school and even middle school) are more and more refusing to implement 504s and IEPs. This may be a good time to teach self-adovacy skills. Some teachers, in the upper level courses, have never fully experienced the gifts that a dyslexic student can bring into he classroom discussion, academic environment, etc. It is the culture of many schools to exclude such students from higher level courses such as AP, etc. You child may be able to, on many levels, advocate for himself. If not, this is a good beginning.

  • 16 Lynn 01/20/15 at 8:24 pm

    WHAT GOALS DO STANDARDS BASED IEPs REQUIRE?

    Do standards based IEP requirements require 1 goal for each subject and 1 goal and 2 objects if the student is receiving modified curriculum?

  • 17 Kimberly 01/20/15 at 6:58 pm

    CAN THE SCHOOL INSIST ON AN IEP?

    Eva Marie – I am pretty certain that you can deny the IEP. Any services that you do not want you do not have to take. Although, an IEP is a legal document that may help your daughter later on when it comes to accommodations or modifications on testing and other school stipulations. She can always be retested later on if you change your mind about services.

  • 18 lisa 01/20/15 at 6:05 pm

    SCHOOL ADDS “HELMET” TO IEP WITH NO MEDICAL REQUIREMENT

    Can a school add a safety helmet needed to an IEP with no medical requirement or physician note just because they “feel” like he needs one? He’s delayed but not a head bangee.

  • 19 Eva-Marie 01/20/15 at 12:55 pm

    CAN THE SCHOOL INSIST ON AN IEP?

    The school wants to put my child on an IEP for math and language arts. I decided on a different program for my daughter through e-school. Can a school still insist on and IEP for those subjects if my daughter has dual enrollment and does not take those classes at the school (She is doing eschool for those classes instead)?

  • 20 Julia 01/20/15 at 12:07 am

    AFTER SCHOOL DETENTION FOR STUDENT w/ SLD

    Should a child with a specific learning disability be given after school detention for not completing classwork?

  • 21 Susan 01/19/15 at 6:12 pm

    SCHOOL SAYS TEACHERS’S PREROGATIVE TO GIVE AP STUDENT HIS 504 ACCOMMODATIONS

    My dyslexic son began high school this year (TX). Before the year started, we had a face-to-face meeting with the HS counselor and she assured us that his 504 accommodations would not be a problem. Now, the 504 Coordinator and Administrator (AP) has told me it’s the “prerogative of the teacher if they want to give his accommodations in the classroom.” They tell me they don’t give accommodations in pre-AP classes, and suggested that I move him to general ed. He is an A/B student. I have never heard that pre-AP was exempt from the 504 plan. What is my course of action for a dyslexic student that is doing well in his classes, but still needs his accommodations. To top it off, I just realized that his new 504 plan that was to address these issues was back-dated to last semester. Please advise.

  • 22 Javier 01/19/15 at 12:11 am

    CAN MY DAUGHTER QUALIFY FOR A 504 PLAN

    My daughter suffers from allergies which cause her to get sinus infections. She has missed a lot of school and I have doctor’s notes for the majority of her absences but the school is telling me that I need to take my daughter to a specialist and I can’t afford to go. I requested a 504 meeting but I am not sure what are my rights and I don’t want my daughter to be harassed. Please help.

  • 23 Barbara 01/15/15 at 10:30 pm

    SAT TEST GIVEN EVERY WEEK

    Can a teacher give her class a SAT test every week and then add it to their class marks for the marking period. She did not cover all that was on the SAT. This is an 11th grade student that is an aAB student with a now D student for Lang arts. Can this be legal? She had a five in her last FAT for language arts.

  • 24 Jerrie 01/15/15 at 9:13 pm

    PARENT / CHILD DISABILITY RIGHTS v. DCF

    My daughter gets family pres. svcs. through KS DCF. The kids live at home giving her full rights. 17 year old daughter, has CP and in the hospital for 2 1/2 mo. DCF has taken over all medical decisions, but haven’t gone to court to do so. My dau. no longer gets updates from DR.’s. DCF is likely to petition the court to put the child in the home of a teacher or institution on 01/22/2015. DCF is rushing this into fed. court, giving my daughter no time to retain a disability attorney. I sent a web req. for an ACLU att. over 1st and 4th amend. rights violations but do not know if they will consider the case. DCF won’t work with the dis. supp. case manager that my daughter got when my granddaughter was 16. KS law keeps granddaughter in school until 19, she gets poor care from para’s. DCF sides with school. Granddaughter not allowed to speak for herself, has dev. age of 9/10. What can we do?

  • 25 maggie 01/15/15 at 9:05 pm

    SPD PRIVACY IN CHILD CARE

    What does “SPD privacy space” mean in regard to preschool child care rooms. I know each ‘sensory child needs something different.

  • 26 Chuck 01/15/15 at 1:46 pm

    PARENT RIGHT TO INVITE PEOPLE TO IEP MEETING

    IDEA regs say that a parent can invite “other individuals who have knowledge or special expertise regarding the child” to be part of the IEP team. 300.321(a)(6) 300.321(c) says ” The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this … must be made by the party .. who invited the individual to be a member of the IEP Team.” If the school persists, you have the right to make a complaint to the state.
    This issue is addressed at: http://www.wrightslaw.com/blog/?p=8338

  • 27 Veronica 01/15/15 at 1:36 pm

    PARENT RIGHT TO INVITE PEOPLE TO IEP MEETING

    Tony – it’s your right to invite someone. The Wrightslaw All about IEP book, p.12 says “don’t go to meetings alone” – that you can have a friend or support person go with you, and you can invite anyone who you feel knows your child. They give the law for this. 34 CFR 300.321(a)(6)&(c) and 20 USC 1414(d)(1)(B)(vi).

    Surely a previous teacher would know a lot about your child and could help you with suggestions – although the school won’t consider her part of the actual team. With all the meetings we already have to attend, don’t know why the school would want ANOTHER meeting just about why you’re inviting someone else. The law doesn’t say you have to explain why.

    The IEP book also says the school is supposed to do what they can to make sure parents attend the meeting – not make the times difficult for you. Just tell them you cannot make it at the new time, but will work with them to find a good time for all (remember you catch more flies with honey…and all that).

    I just read this on the Wrightslaw FB page http://www.wrightslaw.com/blog/?p=8338

  • 28 Robin 01/15/15 at 12:10 am

    HIGH SCHOOL LOST AND DID NOT IMPLEMENT 504 PLAN

    My daughter started 9th in CA this year. I had inquired both her HS counselor and the intermediate school about a transition 504 meeting. I was told it would be handled. After that, I dropped the ball (1 have 4 other younger kids including 7yo triplets and 2 of the 4 on 504/IEP). It dawned on me that her teachers were not following her 504 plan at all. I met with a VP at the school today who had “some” of the paperwork but no 504. Now she is failing 2 classes. What recourse does she have?

  • 29 Robyn 01/14/15 at 5:58 pm

    DOES THE SCHOOL HAVE TO PROVIDE A PROGRAM FOR MY SON?

    My son is being re-evaluated by the child study team. He was found ineligible last Jan. 2014. He has since been diagnosed by Childrens Specialized hospital. He does not require a disabled program but a middle of the road type of environment. He is only at the preschool level. Does my school system HAVE to provide him this need or if they cannot, transport him to a neighboring school that can suit his needs? General Preschool is not working out and he’s clearly not disabled. What is the alternative?

  • 30 Tony 01/14/15 at 3:51 pm

    PARENT RIGHT TO INVITE PEOPLE TO IEP MEETING

    I have a iep meeting the 29th, we invited his old teacher and friend to come. The school board wants to have a meeting the day before to ask why we want,to bring her. Now they want to move the meeting to a time she can’t be there for. What are my rights??

  • 31 Cameo 01/13/15 at 11:02 am

    HELP WITH KEYBOARDING FOR DYSGRAPHIA

    My 15 year old son who has ADHD and dysgraphia has recently moved school districts. The new district accepted his previous 504, but felt they needed to re-evaluate his dysgraphia to continue giving him OT. The occupational therapist who evaluated him did a poor job (he wrote “3-5 sentences” and was not evaluated on keyboarding). He has fine motor issues which affect his keyboarding. I asked for another evaluation by a different OT for keyboarding skills. We have that meeting next week. Even his last OT at the previous school district did not instruct him well on keyboarding. She used an IPad, which she admitted did not have the same feel and could not be done without looking at the keyboard. Apparently since we said he had voice-to-text at home that’s what they want him to rely on. Help!

  • 32 Cari 01/13/15 at 10:09 am

    DISTRICT REFUSES TO PROVIDE FAPE – IN SPITE OF STATE COMPLAINT

    What do we do when the school refuses for provide FAPE and we file complaints with the state dept. of education, the district is found non-compliant and is issued a corrective action but still commit the same offense continuously despite the corrective action and proof of compliance. Do we take our complaints to Family Policy Compliance Office or seek the assistance of legal counsel? The district does not seem to be taking these matters seriously.

  • 33 Geneva 01/13/15 at 5:45 am

    WHAT SCHOOL IS BEST FOR MY DAUGHTER?

    My 11 year will be entering the 7th grade in August. I’m undecided on which school to send her to. Charter school, her home school that has a bad rap, or a different middle school that has an okay rap. She’s been in SE since preschool and mainstreamed in 4th grade. She has a teacher that assists her in her class when she needs help. They’ve helped her a lot there. I am not sure how Jr. High works. We do live in a low poverty area. My daughter innocently asked me about joining clubs such as drama, choir & technology. Can anyone advice me in the next steps. Fears of bullying are at stakes too.

  • 34 Kim 01/12/15 at 5:03 pm

    4 YEAR OLD AND KINDERGARTEN IEP DIFFERENCE?

    Students turn 3 and are no longer eligible for EI. Preschool services, however seem a lot less hands on. I taught kindergarten for AU and students were in and out of my classroom receving services and now it seems that 3-4 is so different that everything is very hands off. Shouldn’t it be the same or am I missing something?

  • 35 Kim 01/12/15 at 3:48 pm

    MOVING 0T FROM CONSULT TO SERVICES

    I see a student who’s OT insists that early intervention is different than 4 year old preschool and OT should be on consult. This student is 4 with Autism and has significant sensory needs, low arrousal and recieves 0 OT time. They refuse to move from consult.

    What can I do? I will be asking for a reevaluation since its been a year.

  • 36 Chuck 01/12/15 at 1:10 pm

    TEACHER RIGHTS

    Angel, This issue is addressed on this website at: http://www.wrightslaw.com/heath/parapro.qual.htm

  • 37 Sophie 01/12/15 at 3:43 am

    HOW IS IEP FINALIZED AFTER IEP MEETING?

    Shail: I’m not an expert, but I’d suggest writing a letter in which you clearly state that you do not accept the new IEP the school gave you, and that you want to stick with the previous IEP.

    Also, pester when needed.

    In my state you can file a special education complaint with the state Quality Assurance office. One can phone them and they help a parent understand the complaint process.

    Document dates, who said what, etc., as you go along.

  • 38 Marthajean 01/11/15 at 10:01 pm

    My son is 13, he has an IEP, He is being seen by Mental Health, is being seen by a neuro and is on medication for his ADD, ADHD and Bipolar. I have had everything tested from low to high testosterone to something not working right in his brain. The only thing I can think of, and I look at the list, is that he has 8 things in common with the Autism Spectrum. My question is, is it possible that he is borderline autism or do I need to send him to a boarding school? I have exhausted all of my options. I need help.

  • 39 Angel 01/11/15 at 5:19 am

    TEACHER RIGHTS

    Does a paraprofessional have the right to take a student to the Child Study Team without consulting the special education teacher first? What can a paraprofessional do with special education students in a self-contained setting? By law, what are the limitations of the paraprofessional when it includes the special education students? I am looking for a resource that will help me to clearly define the law that governs the special education teacher and paraprofessionals duties, roles in the classroom.

  • 40 Agatha 01/09/15 at 3:59 pm

    HELP FROM ALABAMA! – HOMESCHOOLING

    Recently with the updated homeschooling law in AL, allowing you to homeschool via Public (instead of church or tutors), can I homeschool my autisic 5 year old child but still receive the services; speech, ot, aba, etc. from the public school system? I’ve heard 100 different answers! Thanks to anyone that can help!!

  • 41 Megan 01/09/15 at 1:41 pm

    CONSENT FOR EVAL

    Can an LEA require a parent to sign a new consent for eval if the original consent was submitted with a referral packet from which a document was neglected or misplaced?

  • 42 Shail 01/07/15 at 3:30 am

    HOW IS IEP FINALIZED AFTER IEP MEETING?

    After the IEP meeting, how is the IEP finalized? Is the signature of parents required to get the newer version implemented? If parents are not signing, does it mean that the previous year goals will continue and no changes will be done.

    Last year, we had some conflicts as the IEP didn’t seemed to have all the information that was discussed in the meeting. We communicated this but after that we were never contacted until we contacted them back again.

    Also, does the paper signed toward the end of meeting for the attendance purpose also means that the IEP goals has been finalized?

  • 43 Shail 01/07/15 at 2:55 am

    BRAILLE CLASS ONLY OFFERED DURING SCIENCE CLASS TIME

    We learned recently that our daughter is not able to attend the science class as the braille class is happening at the same time. We were really concerned and suggested teachers (General/Sp Ed) to do the braille classes during PE, Library, Recess time or rotating randomly so that she doesn’t completely misses any subject but none accepted due to schedule conflicts. Additionally, class teacher said that she also don’t have any problem with her missing the science classes as that is not an important subject in 3rd grade. Request to teach braille but using content from science class was also not accepted nor doing science class makeup.

    She is capable of learning science and also not missing it due to any limitations on her side.

    Has anyone faced this problem before? Is this completely out of parents control. Any suggestions…

  • 44 Susan 01/06/15 at 6:43 pm

    ANNUAL GOALS AND OBJECTIVES – PROGRESS REPORT

    I would like to learn how to take the information given on my son’s Annual Goals and Objectives Progress Report and create appropriate goals and accommodations/services based on his present levels. How can I take the results and use it to create an appropriate IEP.

  • 45 Sophie 01/03/15 at 6:31 pm

    TRANSPORTATION FOR OPEN ENROLLMENT

    Gracie, I don’t know the legal answer to your question, but I have been in a similar situation, and I have a suggestion. Contact your director of transportation, and try to make a human connection with him or her. You may be able to get a quicker solution by working something out informally.

    You can probably find out about the legal situation by calling your state department of education. My state (NY) has offices that answers questions like these. Good luck.

  • 46 Pam 01/03/15 at 4:25 pm

    NEED IEP STRATEGIES FOR PTSD AND BEHAVIOR

    I would appreciate all guidance concerning PTSD as it applies to an upcoming IEP meeting. We have dealt with a long period of bullying on the school bus by peers. Last spring a 15 year old boy assaulted our granddaughter. There were elements of a sexually abusive situation. This was reported to the school and local law enforcement. She began having problems completing her class work and began exhibiting behaviors that began the IEP process and increased time in the BD room. We consented to an in placement evaluation in a hospital setting. The release diagnosis is PTSD and she has been on Homebound instruction since release. Her IEP goal area is behavior. We are concerned that the school may not address her strategies according to PTSD but per general behavior management. Any help will be much appreciated.