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COMMUNITY HELPLINE: Ask or Answer a Question Here

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

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105 Comments on "COMMUNITY HELPLINE: Ask or Answer a Question Here"


Shannon
Today 9:19 am

LEGAL RATIO OF SPECIAL ED / GENERAL ED STUDENTS

Can anyone provide the limit percentage-wise of the number of students with IEP’s that can be placed (legally) in a single general education class section?

paula
09/03/2015

CAN PARAPRO PROVIDE SPECIALLY DESIGNED INSTRUCTION?

A student’s IEP states that his LRE is in a General Education Co-Taught English class. Can a paraprofessional provide the specially designed instruction in the general education class, in place of the special educator? State of Virginia

Sheila
09/03/2015

ASSISTIVE TECH

Daughter, 12 years old with CP, is being denied an iPad at school. Students issued chromes. IEP states, ” …would benefit from the use of her personal tablet to use during math class. Her chromebook presents presents physical/motor challenges such as …..Notable PDF support has not been effective..” A math goal is to indep. set up and solve add/subt. problems. So if the IEP acknowledges the benefits of an IEP and it matches a goal, can she be denied? IEP mtg. coming up in a week

Terri
09/03/2015

AGGRESSIVE STUDENT

7th grade daughter (IL) who has been physically attacked by a boy with “anger” issues on numerous occasions. (Hit over head with a book, stabbed with pens/pencils, kicked in ribs, attempted to punch her in the face). The school never called to inform me of the most recent attack. My daughter has an IEP for her dyslexia and they want to move her out of her classes to avoid this boy. She expressed she feels like she is being punished, while this boy is still allowed in school and keeping his teachers. Feeling frustrated that my daughter has been physically harmed and genuinely concerned over safety of the other kids in school. Suggestions?

Shannon
Today 9:17 am

I would say moving her to special education classes for any other reason than that her educational needs cannot be met in the general classroom with the accommodations/modifications outlined in the IEP would be a violation of least restrictive environment (LRE). Additionally, if what you are saying is true about this boy, it sounds like we have bullying issue. The district is also responsible for stopping that. I would refuse the change of placement unless they can provide data showing that her educational needs CANNOT be met in the general education. Then I would demand action in regard to the physical assaults.

Chuck
Today 1:09 pm

I am assuming that the school is wanting to move her to another general ed class away from this boy. I recommend getting a copy of the campus/district’s policy on bullying. In some states, the rules say that a family or student can request that the bully be moved. Also has Shannon says, the campus should be following their policy on bullying.

Christine
09/02/2015

NJ STARS PROGRAM

Regarding nj stars program tuition is free for students in top 20th percent of class. My son was top 25th percent. How is this fair to be held to grading requirements when you are learning disabled. Anyone have any info on ld exceptions

Carrie
09/02/2015

INTERIM IEPS

What are the legal guidelines for holding interim IEPs? Is it mandatory for each student that arrives at your school site?

Chuck
09/03/2015

Yes, they are required by IDEA regulations. See 300.323(e) & (f).

Annette
09/02/2015

AGGRESSIVE STUDENT

I am a prek teacher in Ok and need some answers on a student who is showing violent behaviors. My student was in a 3 year old program before starting prek and was tested to see if he qualified for any services. The specialist said he only qualified for speech services. Since he started in prek 2 weeks ago, I have been punched, choked and my hair pulled with both his hands. He has harmed other children, was aggressive with a parent dropping of their child and has been inflicting harm with himself. Because there was a previous eval done where there wasn’t anything found I am being told a 2nd eval might not happen, and the specialist still might not approve him for special services even if they do observe him again. What are my rights?

Mel
09/02/2015

USING SAME AIDE FOR TWO DIFFERENT STUDENTS

If a student “A” has 1:1 aide on their IEP is it legal to use that same aide for student “B” as a shared aide? Both are in the same classroom which is also co-taught.

Cindy
09/02/2015

PLACEMENT/SERVICES BASED ON ELIGIBILITY CRITERIA?

I had always thought that programs and services were based on the students individual needs as defined in the present levels of performance (PLOP) and goals/accommodations/modifications. My district is saying that certain programs can only be recommended/provided if the student has certain eligibility such as Autism (ASD) or Intellectual Disability (ID) instead of say Developmental Delay (DD) or otherwise. I thought it was illegal to tie programs and services with Eligibility. The district is recommending complete reevaluations (early) before kids transition to kindergarten to move students from DD eligibility to ASD or ID eligibility to receive support for those types of needs. Thanks!

JG
09/02/2015

Cindy –

You are absolutely right, services and placement are supposed to be based on a student’s individual needs as determined by evaluation and defined in the PLOP/PLEP (or whatever a state may call it).

As the Dept of Education wrote in the commentary for IDEA 2004, “special education and related services are based on the identified needs of the child and not on the disability category in which the child is classified.”

It sounds like, based on what you describe, that the main harm the district is doing is giving themselves unnecessary work. Still, this might be worth bringing to the attention of your state Dept. of Education.

Jaunita
09/02/2015

MULTIPLE REQUEST TO MODIFY SON’S SPEECH IEP TO AN AUTISM IEP

The school refuses to address our request only wanting to add “interventions” within the classroom settings to help with organization. These do not help him socially, which is the BIG problem. He was physically injured (assaulted) during PE last year, (broken arm, root canals from mouth trauma), etc… hence our request to modify IEP to address social concerns.

JG
09/02/2015

Jaunita –

A student’s needs as determined by evaluation, rather than their disability category, is what should dictate the content of a student’s IEP (see the above post).

I would suggest you broach your request from that angle. Instead of asking that he have an “autism IEP” instead of a “speech IEP,” tell the school that you have concerns regarding your son’s social skills and ask them to evaluate him in that area (in writing, of course!).

If the school agrees to evaluate, the Team will have the information you/they need to guide the revision of the IEP once it is completed . If they refuse to evaluate, you have the option of filing a state complaint or requesting mediation or a due process hearing.

Jaunita
09/02/2015

Thank you, (I was trying to limit my post to few words as possible and wasn’t as clear.) We have done as you suggested in writing, over the phone (all phone conversations were later followed up via email confirming my understanding of the phone call) and specifically in an IEP meeting. We spent about an hour going over our educational and social concerns in the last IEP meeting as our reasons to request a re-evaluation. The school has avoided acknowledgement of the request and simply wants to stick with strategies within the classroom and refuses to discuss our multiple request. Should we start due process? Thanks again.

JG
09/02/2015

You have different options for trying to resolve this. It’s hard to say which one is the right one to use.

State complaints are good for purely procedural issues (like ignoring re-evaluation requests). Due process hearings, on the other hand, can deal with both procedural issues and disagreements about FAPE. Both of these options can cause contention, however.

Mediation might be a better option if you want to try to maintain a good relationship with the Team.

And of course you can continue to try to work this out with the Team, or perhaps someone else within the district’s echelon.

Here’s a description of your options: http://www.parentcenterhub.org/repository/disputes-overview/

Joan
09/01/2015

IEP STUDENTS PUT TOGETHER TO MEET “MINUTES” OF SERVICE – NOT INDIVIDUAL NEEDS

The number of students, including students on IEPs in our school has decreased. There is one Special Education Teacher and one PARA. The PARA is not allowed to provide direct services. We have 24 students, but their needs include reading and/or, writing and/or math. I have been directed to put students together to meet their minutes, not their needs. What is the present law around meeting student Goals?

Lucinda
09/01/2015

UNILATERAL PLACEMENT & STAY PUT

Does anyone know if and how “Stay Put” applies if you do a unilateral placement, no IEP signed and move to another town? Does the new town have to provide the same placement? Does Stay Put apply to keep the child in that placement? thanks in adv.

arlene
09/01/2015

CUSTODIAL PARENTS DISAGREE OVER PLACEMENT

What to do if one parent agrees with the IEP, which is proposing a “special school,” and the other parent does not agree? Parents are divorced, have 50% educational rights.

Melanie
09/01/2015

PLACEMENT IN TEXAS

In Texas, for a transfer student from out of district or state, is a temporary placement ARD necessary or follow the 30 placement law?

Chuck
09/03/2015

Texas administrative code (TAC) addresses this at 89.1050(i). See http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html

Tracy
09/01/2015

HIGH SCHOOL STUDENT TOLD DROP IEP OR TAKE LEARNING STRATEGIES CLASS (STUDY HALL)

My high school student has be forced to take a learning strategies class that is suppose to provide his 250 minutes of special designed instruction. We have had over 15 iep meetings, mediation and hired lawyers to fight the placement. The public high school just sent an email with a “Revocation of Services” form if we refuse to send him to the class. The class has had 7-12 students and is a study hall format. He has severe executive function deficit and needs skills. Can the school force us to revoke if we disagree with placement?

Tracy
09/01/2015

HELP FILING A CIVIL RIGHTS COMPLAINT

my son has documented ADHD, his high school has not provided accommodations for 2 years. He is repeatedly told he doesn’t have a disability and that he’s just lazy. Have gone through mediation and have filed a citizen’s complaint. Was told I should file a discrimination complaint as well. Need advice.

brenda
09/02/2015

I would be curious what state you live in? I filed a complaint last year with OCR against my son’s school because they never evaluated him when I requested it in writing. I won my a case against the school! I did a independent evaluation and he was diagnosed with ADHD. Please make sure you have your documentation. This is what helped me win my case. Is your son having academic or behavior problems? Did the school ever schedule an Student Support Team?

JG
09/01/2015

Tracy –

The Office of Civil Rights (OCR) at the federal Dept of Education offers a complaint process for accusations of disability discrimination. OCR specifically enforces Title II of the ADA and Section 504 of the Rehab Act. They will also consider complaints that involve students with IDEA eligibility, under their Section 504 jurisdiction.

Here is an overview of the complaint process: http://www2.ed.gov/about/offices/list/ocr/qa-complaints.html. To start the process, you simply need to contact the OCR office that serves your area.

Do note that they may not investigate if you have already used a similar process offered by another entity.

CONNIE
08/31/2015

CHARTER SCHOOL POSSIBLY TAKING OVER OUR SCHOOL

Our school to close. Do we parents have any tights to stop this?

JG
09/01/2015

Connie –

States generally have rules regarding the creation of new charter schools that mandate community input. Check with your state Department of Education to see what rules apply where you live.

Dawn
08/31/2015

DOES DYSLEXIA QUALIFY FOR AN IEP?

Does Dyslexia really not qualify for an IEP in Missouri? I paid the $800 to have my daughter tested and packed our bags, we moved to a small town of 560 ppl so she could have a better education. Only to be told that she didn’t qualify. I even offered to buy her Ipad mini and Reading Pen as well as audio books. They still turned me down.

Joan
09/01/2015

Dyslexia is a medical diagnosis. Dyslexia is not mentioned in IDEIA. At one time it was a catch-all for students who had any reading difficulty. You are a part of the IEP team, so you have a right to present your concerns and data. What data was presented to show that she didn’t qualify for an IEP? The IEP team needs to take the outside evaluation into consideration, but it is not the deciding factor.
If a student is meeting grade level benchmarks and obtaining grades that are in the average area, then Dyslexia is not interfering with their learning.

Joan
09/02/2015

Our state does not qualify students based on the diagnosis of dyslexia and it does not use the team in determining students who have a specific learning disability. In fact, as I stated we consider it a medical diagnosis. It is my understand that the only true way to diagnosis dyslexia is with an MRI. For this reason our state/district steers clear of the term.

Morning
09/01/2015

My child’s diagnoses was specific leaning disability in the 2nd grade and that category never changed. I hired an advocate doing his 6th grade year and received and IEE by a neuropsychologist and diagnoses was dyslexia and the services and resources were developed to remediate the dyslexia, etc. I consulted with my state department of education a lot during that time. We moved within months of the dyslexia diagnoses to a better school district. I also consulted with my state department of education a lot during that time. I bought him a computer, AT, etc, though the school district was more than willing to provide AT. It worked out better with us owning the technology as the school district staff knew little about the technology but was willing to train the staff, I also learned that even with an AT evaluation (at least in our case) to research and obtain our own AT as the technology changes fast and my child keeps up with the recent and ongoing changes in AT faster than any school district can. I also attended AT conferences. It has been a journey indeed.

JG
09/01/2015

Dawn –

Having a diagnosis of dyslexia does not automatically qualify or disqualify your child for special education.

To be eligible for special education, your child must have one or more disabilities as defined under your state’s regulations, and need specially designed instruction and/or related services to access the curriculum. The presence of a disability and the need for special education must be determined through evaluation.

Did the school deny your daughter services based only on the information you provided, or did they complete an evaluation? If no evaluation was provided, I would strongly suggest that you formally request an evaluation for special education eligibility.

Joan
09/02/2015

This is my understanding.

JG
09/01/2015

The information you provided can be used by the school as part of the evaluation. If the school completed an evaluation and found her not eligible, you still have options for disputing this.

Your state’s Department of Education offers some good resources to help you understand the special education process and your rights within it: https://dese.mo.gov/special-education/compliance/parent-information.

They also offer guidance regarding eligibility and disability categories: https://dese.mo.gov/special-education/compliance/standards-indicators.

Your state’s parent center should also be able to help you understand how the process works in your state: http://www.ptimpact.org/.

Beth
08/30/2015

SUMMER SCHOOL WITH NO SPED CASE MANAGER

My son is a rising high school senior who was diagnosed with a language learning disability at the age of 7. He has failed the Virginia standards of learning Writing End of Course test once and the alternate ACT Business workkeys test twice. During the ACT business workkeys test he was in summer school remediation with an English teacher, but did not have a SPED teacher. Is the school in violation if a student with an IEP while taking summer remediation at school without a case manager? I have convened an IEP meeting this week to discuss what accommodations are allowed on this test. My son only needs this test, government and English 12 to graduate with a standard diploma.

Joan
09/01/2015

The school is not in violation of FAPE. Summer schools do not usually have special education teachers and do not have case managers. They are intended to present material that they may not have understood. You should have accommodations in place for district and state assessments. Sometimes their are different district accommodation then state. The state may determine different accommodations.

Shannen
08/30/2015

DISCRIMINATION AT CHARTER SCHOOL

My daughter was in transition to high school and when we arrived the counsel at school stated she didn’t graduate and I stated yes she did she just got 2 fs and one in pe and one in art and she is a IEP STUDENT. He then wrote her a hand schedule so she could go to school and said he needs to find more info this counselor was so rude. My daughter wasn’t able to attend school even after her teacher said she could it was 7 days before her middle school said she was cleared ? This was a charter school! There has been some discrimination.

Jo
08/30/2015

SCHOOL TRANSPORTATION

my son is enrolled in vocational school and has transportation included on his IEP. This school runs on a different schedule than his home district. His home district has a policy of only transporting students to vocational school from his home high school on days when vocational is in session and home district is not. They also refuse door to door transport on snow delay days. When questioning our special ed director, I was told door to door is not in the iep so the district is not responsible to pick him up at home on these days. The question is…what steps should/can I take to ensure he has comprehensive transportation?

JG
09/01/2015

Jo –

My first though was, why is the “home” school district providing transportation at all? In my state, most vocational schools are run independently from their surrounding districts and so are considered their own district. The responsibility to implement the IEP (and provide special ed transportation) here, therefore, lies with the vocational school.

Your state may be different, but it would be worth checking with your state Dept of Education to clarify responsibility. They should also be able to help you determine what exactly that responsibility is (i.e. is it door to door?) and when it must be provided (i.e. delayed starts?).

John
08/29/2015

SMALL GROUP ACCOMMODATION

My child has the accommodation of small group on his IEP. Is it appropriate for this to be given in the general education setting or should he be pulled to another location to receive the service?

JG
09/01/2015

John –

Does your child’s IEP say where the accommodation will happen? Does it make any other stipulations regarding the accommodation? Are these being followed? If the answer is yes, then the school is meeting its current obligation regarding the accommodation.

What setting is more appropriate for this accommodation is not something that can be answered here. If you have concerns regarding the setting, I would suggest bringing this up with your child’s IEP Team. The Team can monitor the use of the accommodation, and may decide that it would be better provided somewhere else (and then put that in the IEP).

Shannon
08/29/2015

ALL RE-EVALUATION TESTING DONE WITHIN A WEEK

My daughter’s re-eval testing (speech, OT, educational, and psychological), were completed within 7 days!! Is this allowed?? The results show drastic regression, including an IQ drop from 60 to below 40! This is impossible, considering my daughter’s growth. All her private providers said the newest IQ is impossible for her.

JG
08/31/2015

Shannon –

IDEA has no rule that prevents evaluations from being completed quickly, as long as the assessments tools that were used as part of the evaluation are administered in accordance with how they were designed (see the IDEA regs at § 300.304).

If you disagree with the results of the evaluation or have doubts about the validity of it, you do have a right to request and independent evaluation at public expense (see § 300.502).

Kay
08/29/2015

NON ELIGIBLE CHILD PLACED IN SPED MATH CLASS

By CR observation & performance, 3rd grade child clearly would benefit from SPED services. Parents refuse written consent for formal Eligibility eval & process due to political ideology of parents. However, parents have given written permission to participate in said SPED math class. ? Can child be LEGALLY be placed in SPED services without eligibility or IEP? can child recurve sped pull out without going through eligibility process as set forth in IDEA2004? Utah Disability Law Center tell me no. USOE says okay as long as SPED funds not used.

JG
09/01/2015

Kay –

I really scratched my head wondering what type of political ideology allows for the benefit of special education services, without the procedural protections for the student or reimbursement opportunity for the school?? In any case, the US Dept of Education’s reasoning sounds right to me.

What categorizes this math class as “sped”? It probably uses a modified curriculum and/or specialized methodology.

But the student in question is a general education student, so let’s look at this from that perspective. Many schools can and do modify the curriculum for general ed students. Think differentiated instruction.

JG
09/01/2015

Many can and do provide specialized methodology for general ed students. Think tiered systems of support like RTI and PBIS. And schools don’t even need parental permission for this.

Schools must make sure their students are working towards the standards within the state’s curriculum frameworks, but the methods they use to get there are generally up to the individual school or district.

Most schools want all students to succeed and recognize that not all students are the same, so they make available different types of assistance to meet student need.

So this situation isn’t much different than what is already happening. And it’s likely that some of this teacher’s pay comes already from general education funding sources.

Chuck
08/31/2015

For what it is worth, I believe that the USOE is correct, especially if the decision is made by a 504 team.

Max
08/28/2015

ACCOMMODATIONS

Need to know the legality of having 20 kids, of all different abilities, and 2 different grade levels in a resource classroom for math and ela instruction. 2 special ed teachers share the class, and there is one para. I am concerned that my students are not getting the attention they need, but the school has no other classroom available.

Rachael
08/28/2015

TEACHER CONCERNS ABOUT RETALIATION

How do you tell a parent, the school is breaking the law by not modifying a curriculum without getting fired?

JG
09/01/2015

Teachers are protected from retaliation under federal law, and may also have protections under state law and collective bargaining agreements.

The Winter & Spring 2011 issues of this newsletter outline these protections, the pros and cons of advocating for students, and some suggestions for how to do it: http://fcsn.org/newsletter/2011-2-2/.

There is also some info on retaliation here on Writslaw: http://www.wrightslaw.com/info/retal.index.htm.

Rachael
08/28/2015

GEN ED TEACHERS AT IEP MEETINGS

How long are are general education teacher required to stay in an IEP meeting if they have never read the IEP?

JG
09/01/2015

There is no explicit rule in IDEA regarding how long a Team member must stay at the meeting.

The Dept of Ed issued a brief about general ed teacher participation in Team meetings with the IDEA ’97 regulations (http://www2.ed.gov/policy/speced/leg/idea/brief3.html). Although this is based on past regs, the guidance is fundamentally similar to that found in the commentary for the IDEIA 2004 regs, so may be helpful (§300.344 in the old regs is §300.321 in the new).

I personally think that all members of the should stay for the entire meeting, as special ed supports/services do not occur in a vacuum. If a teacher is not reading the IEP, I think you have another issue that should be discussed with the Team chair or another administrator.

MRC
08/28/2015

CIVIL RIGHTS COMPLAINTS AT PAROCHIAL SCHOOLS

Are parochial schools shielded from civil rights complaints from parents?

JG
08/31/2015

MRC –

That depends.

By “civil rights” I assume you mean protections for people with disabilities. Both the ADA and Section 504 of the Rehab Act are the federal civil rights laws that apply to disability. Title III of the ADA would typically apply to private schools, but exempts programs run by religious entities.

Section 504, however, applies to ALL public and private entities that receive federal financial assistance. So a parent could potentially file a civil rights claim against a parochial school under Section 504 IF the school received any federal financial assistance (such as if it participated in the USDA school meal program).

Your state may also have civil right laws that may apply here.

Lenore
08/28/2015

SP ED SERVICES & ISS

What are the “services” (outside of related services) my child is entitled to per his/her IEP when in ISS? If he/she has co-teaching & sp ed resource teacher does this mean that a sp ed certified teacher should be teaching him while in ISS?

Chuck
08/28/2015

Yes, ideally they should, but often do not. If they do not, these days count toward the 10 day rule that triggers a change of placement.

Marni
08/27/2015

USING LOWER GRADE LEVEL TEXT FOR KIDS IN CDS

If I have a student not in Special Ed in our CDS program that needs remediation can I use lower level text? or do I have to have grade level text books for them?

Loraine
08/27/2015

“CENTRALIZATION” FOR KIDS WITH DISABILITIES

High school student who has cerebral palsy is being shipped to another high school because the school board has decided to “Centralize” all children with severe disabilities. This child has already been attending his local high school and has done very well, in band, loved by student body Wouldn’t that be his “least restrictive environment? Forced to “centralized” program. Based on his “category” not his need. Community has rallied around him, including the mayor where the child lives and attended his regular high school. Advocates in our area are not helpful, no attorney will get involved. This story has been on television and in the newspaper. Loraine

JG
08/28/2015

Loraine –

I wonder if a complaint has been filed with either your state’s IDEA complaint system or OCR’s discrimination complaint process? From what you have shared, either of these may be a good recourse. Both allow for complaints involving individual students, as well as systemic issues.

Here is info about the state complaint process: http://www.directionservice.org/cadre/pdf/WrittenStateComplaintParentGuideJAN14.pdf

And here is info about OCR’s process: http://www2.ed.gov/about/offices/list/ocr/complaintprocess.html

Becky
08/27/2015

STAGGERED BUS SCHEDULE – WAITS ON TRANSPORTATION FOR AN HOUR

Is there any law regarding how long an IEP’ed student on a SpEd bus has to wait for the bus? Today my son (and some of his IEP’ed classmates) stood outside for an hour after school waiting for their bus to show up. The schools here have a staggered dismissal schedule so that the busses can run two routes, and so the arrival of his bus depends on how many problems there were with the previous route. I was told this hour-long wait wasn’t unusual, and had happened last year often. I’ve had issue with them before and that’s the standard response. I texted him an hour after school was out to see where he was, and he was still at school. I left work and went to get him, but I can’t do that every day. What are my options?

JG
08/28/2015

Becky –

There is no restrictions under IDEA regarding bus wait times. Some states have their own rules regarding special ed transportation. The ones that I know of, however, regulate the amount of time spent ON the bus rather than waiting for the bus.

You could make a case to limit your son’s wait time, if the wait was an issue (e.g. if you had behavioral or safety concerns). You could ask the school to evaluate the need for that.

If it’s only students with disabilities who are waiting, you may be able to make a case of discrimination with OCR.

If it’s a mix of students, I would try bringing the issue to the attention of the school committee/board. Sometimes bringing public attention to such an issue can get it resolved!

Sarah
08/27/2015

FUNCTIONAL ASSESSMENT?

I’m not sure if I am doing this correctly or not but here goes?. I was just informed that I needed to provide a functional assessment to the school district for last years progress. They did not tell me this before. My son has moderate autism and does not take tests. How can they say I need a “functional” assessment when has never performed this task?

JG
09/01/2015

Sarah –

It’s possible that they are asking you for a functional behavioral assessment (commonly used for children with autism), but it’s hard to say without more information.

My question is, what would this assessment be used for? Is it part an either the IDEA/special education process or Section 504 accommodation process? If so, then the school should either be conducting the assessment themselves or otherwise paying for and providing for it. Parents have no obligation to pay for or provide evaluations under either of these laws (though they may choose to).

Kathleen
08/27/2015

IS THERE A TIMELINE BETWEEN A REEVALUATION AND AN IEP MEETING?

Our child was reevaluated and we have now requested a meeting to revise his IEP based on the reevaluation. Is there timeline by which the district must respond to our request for an IEP meeting?

JG
08/28/2015

Kathleen –

There is no explicit timeline for this under IDEA (though your state’s special education regulations might specify one). Where no timelines exist, districts are supposed to act within a “reasonable amount of time.”

julie
08/27/2015

CAN A DISTRICT REQUIRE AN ELIGIBILITY MEETING BEFORE I CAN REQUEST IEEs?

My child has an IEP currently for speech. She was evaluated by the school for speech and learning disabilities. I’ve reviewed both evaluations and disagree. They are saying I cannot request IEEs until we hold an eligibility meeting, and if I disagree with the eligibility my only recourse is to file due process. I thought they had to consider the results of an IEE, and either approve or disapprove my request for an IEE. They are saying they can’t do anything until the evaluations are formally entered in the form of an eligibility meeting and they need to “close the loop”.

JG
09/01/2015

Julie –

IDEA is silent about whether you have to wait for the Team meeting to “officially” disagree with an evaluation and request an IEE at public expense.

Regarding the eligibility decision itself, if you disagree with the Team, a due process hearing is NOT your only option. You can try to resolve the disagreement locally (meeting again, requesting the district do more testing, etc.), you can ask request mediation, you can request a hearing, and of course you have a right to request and/or obtain an IEE.

If you disagree with the evaluation and request an IEE at public expense, the district must pay for the IEE unless they disagree with the need for it and THEY file for a hearing (see the IDEA regs at § 300.502).

JG
09/01/2015

You can also obtain an IEE at your own expense at any time. Once completed, the Team must consider the results of the IEE regardless of the funding source.

You indicate that your daughter currently has an IEP. She may be entitled to “stay put” rights – this means she would continue to receive the services stated in the last agreed upon IEP while the dispute is resolved.

Do note, however, that the strength of stay put protections vary by state. Some states allow the application of this right only when a due process hearing has been requested, while others provide the right during any resolution attempts. You can check with your local parent center or state Dept of Education to see how this applies in your state.

Chuck
08/28/2015

If the school is still holding on this position, you can contact the state education agency. Hopefully they will tell the school that their position is wrong.

Kerri
08/27/2015

SCHOOL REFUSES ACCOMMODATION FOR LIFE THREATENING ALLERGY

My son has a life threatening nut allergy. He is not only ingestion but contact as well. I provided documents from my doctor along with blood tests proving a peanut allergy with numbers over 100. School is refusing to make classroom nut free. They argue that it infringes on other students right to eat nuts. District actually told me my son needs to taje care if himself. He is 5 and very afraid to start school. I received letter from teacher with no note indicating child in class with allergy. I need help.

JG
08/28/2015

While it is important to support student self determination, it’s ridiculous to expect a 5-year-old to self-manage a life-threatening illness.

Does your son have a 504 Plan? Was he evaluated for eligibility under Section 504? If not, requesting an eligibility evaluation is the #1 thing I would suggest. 504 eligibility will provide him with protections he would not otherwise have.

If the school is reluctant to evaluate, you can use OCR’s complaint process. If the school has evaluated and your son was found ineligible or you disagree with the plan they developed, you can request a due process hearing.

This Wrightslaw page has many articles regarding allergies in school that offer more info: http://www.wrightslaw.com/info/allergy.index.htm

Sabrina
08/26/2015

PRINCIPAL MAKES ONE CLASSROOM PER GRADE THE “IEP” ROOM

I am concerned about how many students I have in my classroom on IEP,s Our principal decided to have one classroom per a grade level as the IEP room. Currently out of 24 students 8 are on IEP’s with 3 more possible students.

Angie
08/26/2015

SCHOOL VIOLATING 504

If it is a violation of Federal Law for a school to violate a 504, does a 504 team then represent a federal authority, making decisions based on the needs of a disabled child? In other words, Do their decisions reflect the decision of a federal authority? Can a lower court deem the decisions of the 504 team to be contrary to the best interest of the child?

JG
08/27/2015

Angie –

With regard to Section 504, schools have the authority to make decisions regarding individual students. Their decisions do NOT represent federal authority.

Parents who disagree with a Section 504 decision do have a few appeal options. First, schools/school districts must have an in-house review process. This is generally through the school or district 504 Compliance Officer.

The schools/school district must also provide parents access to impartial due process hearings. The IDEA hearing process is available for this in many states, but sometimes another system may be used.

JG
08/27/2015

Parents also have a right to appeal the due process hearing. Again, how this is conducted this varies by location. Often the appeal is through the civil court system, but sometimes it is through a 2nd hearing level (especially if a state has a 2-tier administrative hearing system).

Parents can also access the complaint process offered by OCR at the federal Dept of Education. In some states parents may also access the IDEA complaint system for 504 disputes. Both of these processes, however, deal primarily with procedural issues rather than appropriateness issues.

Vicky
08/26/2015

ONE-ONE

EMPEZANDO AÑO ESCOLAR, cambiaron ayudante a mi hija 12años cp; le pusieron ayudante hombre, no es posible ella es nena?. Ayuda, para cambiar a otra persona? Forma para quejas?

(Google Translate)
They starting SCHOOL YEAR, assistant changed my daughter 12years cp; they put helper man, it is not possible baby ?. Help to change another person? Complaint form?

Lisa
08/26/2015

EXAMPLE OF WELL WRITTEN GOAL FOR IEP

My 10th grade son with Asperger’s and ADHD has an IEP with vague goals. My local AEA is no help-they are the ones writing these. I have contacted state AEA and they just refer me back to local. I would appreciate an example of a goal for organization and time management or directed to somewhere that I can get one.

JG
08/27/2015

There are many online “goal banks” out there – try a Google search. I’m certain you could find ones with sample executive function goals.

How about writing your own? “Writing Measurable IEP Goals & Objectives,” by Barbara Bateman is a great resource. Although not specific to EF issues, it’s a classic must-read book.

The book provides a simple, formulaic way for writing measurable IEP goals. You could definitely use it to write your own goals to suggest to the Team, or gift a copy to the Team! It can be found in the Wrightslaw store: http://www.wrightslaw.com/store/bb.iep.html.

This book is published by Attainment Company, which has a whole catalog of equally-great publications: http://www.attainmentcompany.com/professional-resources.