The Wrightslaw Way

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COMMUNITY HELPLINE: Ask or Answer a Question Here

Welcome to the Community Helpline

If you would like to ask the Community a question, or if you have advice, an answer, or an experience to share, please post this in the comments section below.

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Please scroll through the questions. You’ll find helpful information from a variety of perspectives. If you have advice, please share.

Thanks for being part of the Wrightslaw Way Community. Happy sharing!

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HELP WANTED FOR COMMUNITY HELPLINE

The Wrightslaw Way Helpline requests that members of the community (that’s YOU) help others who post questions here. To offer advice, suggestions, or experiences that may help, post your comment in the comment box and click “submit.”

Thanks! Pam & Pete

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

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


Ginger
06/30/2015

LAWS ON PUBLIC CHARTER SCHOOLS

Do they also have to follow the laws on this website? We are zoned in one.

Chuck
06/29/2015

Yes. IEPs are to have annual academic goals designed to enable the child to be involved in & make progress in general ed curriculum.

06/27/2015

Can a student have a class size of 18:1 put on h/h IED?

Gail
06/27/2015

My child is on a IEP He has a TBI and sensory disorders. Our public school will not allow him to attend pre k because he is not potty trained.

Chuck
06/30/2015

This is against the law under Section 504 & Americans with Disability Act.

Shilo
06/26/2015

WHAT TO DO WHEN THE SCHOOL DOESN’T ABIDE BY THE IEP, WITH GROSS NEGLIGENCE CAUSED BY THE TEACHER?

My child has an IEP under OHI.

Niki
06/25/2015

SUMMER CAMP TRAINING FOR EMPLOYEES

Are there any regulations or requirements for training employees who work with special needs children at camp? If so, what?

El
06/26/2015

I posted the same question! They assigned a counselor to her for ESY/Camp and it’s a girl that just graduated high school. Can they do this?

alicia
06/25/2015

PD/AUSTISM HELP

How can I get help for my son on his IEP into high school.I got him evaluated by did not agree with Doctor’ evaluation of my son on autism.

Bob
06/24/2015

WHERE CAN A STUDENT RECEIVE SUBJECT INSTRUCTION?

Can a student receive subject instruction in the resource room and self-contained classroom?

jac
06/24/2015

TEACHING SPED RESOURCE IEPs AND RTI AT SAME TIME

May a sped teacher teach small group with sped resource IEPs and RTI only with similar reading or math needs at the same time, in a non reg ed room

El
06/23/2015

ESY

My daughter has an aide but that person is summer help and doesn’t have a certification. Can they place just anyone as her aide for the summer?

Maria
06/23/2015

BEHAVIOR /ADHD QUALIFYING DISABILITY FOR IEP or 504?

I just had my 5yo re-eval and determination of disability. He has behavioral issues, OT and Speech and difficulty staying on task. At the meeting they decided to give him a 504 and take away his IEP. He has BIP in place. What can I do I feel railroaded. I have already requested for Independent eval and filed for mediation.

Patty
06/22/2015

SCHOOL NOT FOLLOWING RECOMMENDATIONS FROM IEE WHICH WAS ACCEPTED BY ARD COMMITTEE IN 2011

My son will be in 7th grade next year and according to his most recent ARD he is reading at a 1st grade level. He has made no progress. He was diagnosed in 2011 with a specific learning disability from an IEE. It was recommended in this evaluation that the school provide my son with a multi-sensory reading program. Fast forward three years later and he is still reading at a 1st grade level (as per reevaluation). My son was never provided with a reading program. His reevaluation was done last year and he continues to qualify but no recommendations were written into the evaluation. The eval basically consists of test scores and IEPs which also do not contain anything about teaching him how to read. Can I ask for a reading program to help my son learn to read based on the fact he has made no progress?

Chuck Noe
06/23/2015

I work for the TX Parent Training & Information Center. We can assist you. Email me at cnoe59@hotmail.com

Lynn
06/21/2015

SCHOOL NOT MEETING AYP

I think my school hasn’t met AYP for over three years. How do I go about confirming this and then enrolling my child in a neighborhood school if it’s true? Thanks!

Chuck
06/23/2015

If a written request to the district office, does not get a response, you can contact the state education agency.

Jen
06/20/2015

IS THERE LIABILITY INSURANCE AVAILABLE FOR ADVOCATES?

If you are a paid child advocate for a family, can either the family you’re working with or the school district sue me or threaten a lawsuit if things don’t go their way. Is their a particular type of insurance I need to purchase to protect myself? Thank you in advance

Jennifer
06/19/2015

LOCAL CHARTER SCHOOL REFUSING SERVICES

Our son was accepted to a local charter school via lottery. They are now saying they can not serve him in their middle school because of the placement on his IEP from our county. It is my understanding because they are a public charter they have to serve any and all children that are accepted. Are they not discrimination against my child? What is the best way to handle this. We live in NC.

Thank you

Sherry
06/19/2015

WHO HAS FINAL SAY IN A DPI FACILITATED IEP MEETING?

NEED FEDERAL LAW REFERENCES – we have had several meetings to put in place and implement an IEP, yet we have never come to a consensus. According to IDEA or federal law, who has final say? The LEA?

Jaime
06/17/2015

CHILD NEEDS 1-1 FOR AFTER SCHOOL PROGRAM

Any suggestions on how an afterschool program (which is run by the school and we pay a tuition for) be handled if child needs a 1:1 for his safety? It is in my son’s current IEP, but the school does not want to put it in for next school year since it’s technically not educational.He has a 1:1 during school due to history with elopement and for redirection. The school plans on changing the structure of the afterschool program, but I still feel that for his safety, my son will need a 1:1. Thanks

Chuck
06/17/2015

Is the school wanting to take out this service for just the after school program or for his entire day? If he gets this service during the school day, it would be hard for them to deny it under the IDEA rules for extracurricular, nonacademic services. Supplementary aids & services do not have to be “educational”.

Jaime
06/18/2015

They want to take it out during the afterschool program only. He will still have a 1:1 during the school day. Which is just plain silly to me. If he needs a 1:1 during the day, why wouldn’t he during an afterschool program!!?!?

Chuck
06/19/2015

You can challenge this through the district complaint process, & IDEA, state dispute resolution processes: mediation, state complaint or due process hearing.

Jaime
06/22/2015

Thanks. We did file for mediation but have not had the meeting yet. We will next week.

Melissa
06/17/2015

IEP FOR EMOTIONALLY DISTURBED VS OHI

My son’s school already warned me they may place him in the ED category…I’d rather his category be OHI because of his ADHD diagnosis. Any opinions, or suggestions?

Chuck
06/17/2015

ADHD is typically placed under OHI. A psychiatrist or qualified psychologist would have to determine that he meets the federal definition for ED. If they do decide to label him ED, you can: request that they pay for an independent educational evaluation (IEE); file a complaint with the state; request mediation, or a due process hearing. Regardless of the label(s) used, the IEP team must identify & address his specific needs.

Exasperated Mama
06/17/2015

STEPPING DOWN FROM IEP TO 504

Help! Our school district REFUSES to rewrite our son’s IEP into a 504 before he goes off to college as promised at his last IEP meeting. Help! What do we do? NOTE: I have just learned that our District also has a pattern of refusing to step down a student from an IEP to a 504…if a parent thinks the IEP is no longer necessary the schools say the choice is only between an IEP or nothing. HELP!

Rocio
06/16/2015

REQUESTING SUMMER SCHOOL CLASSES

I have a couple of autistic patients that their parents are requesting summer school classes for long time. The school says they don’t qualify for that due to they showed some progress toward target goals. Both are nonverbal. Is there any law that parents can use to get services for their children?

Chuck
06/17/2015

The answer depends on the state’s rules on summer school & extended year services for students with disabilities.

Rocio
06/17/2015

We live in Brownsville,Texas.

Chuck
06/22/2015

Rocio, TX law requires that 11 “strategies” be considered for students with Autism, & 1 of these is extended year services. Some TX schools believe that students with Autism must show regression over the summer to qualify for these services. I do not read the law to require regression for students with Autism. I work for the TX Parent Training & Information project, so I am familiar with TX rules & can assist you further, if you contact me at: cnoe59@hotmail.com

Urs
06/13/2015

DUE PROCESS AND IEP MEETING DURING RESOLUTION

If you’re in a Due Process mandatory resolution, why would the school want to have an IEP for the upcoming year? In agreeing to any part of a proposed IEP (goals, placement, change of supports,etc.), wouldn’t that negate the Stay Put of the IEP in place? Second if they don’t agree or come to a resolution, can the school call an IEP meeting and set new goals for the coming year?

Cammy
06/11/2015

PRINCIPAL PROMISED SPED RESOURCES & MONITORING

School principal promised special ed resources and monitoring in response to my long-time concerns my kid might have an LD, instead of us “jumping to have her tested.” I agreed to that, not more tried/failed interventions. Now G.counselor told my daughter, ‘your mother could’ve had you tested anytime’. Now I see how they persuaded me from insisting on it. Can they really get away with that?

Wrightslaw
06/17/2015

Cammy, you ask “Can they really get away with that?” Sounds like they did.

In the future, if you receive a promise or agreement from a school employee, document the promise / agreement in a nice “thank you” note to the person who made the promise.

If you didn’t document what the principal promised in a conversation (verbally), you have no evidence to support your contention that the principal promised resources and monitoring but failed to deliver. If you need to resolve a problem like this in a legal forum, it is your word against that of another person – you have no good evidence.

Now you’ve learned that you can request an evaluation at any time. If you decide to go forward on the request for a comprehensive evaluation, you will need to gather info about your child and her history to help the evaluator(s). Include a list of questions you would like answered. Chapters 1 and 2 in our newest book, “Wrightslaw: All About Tests and Assessments” include useful information about how to prepare for an evaluation, how to select an evaluator, and more. Good luck!

Michelle
06/10/2015

CHANGE OF PLACEMENT

Does change of placement apply to open enrollment. My daughter attended a school last year though open enrollment. We had a IEP meeting in April at school where we discussed my daughter attending their school in the fall. Now I get a letter that she was denied open enrollment. But my question is since it is a valid change of placement under IDEA (I think) wouldn’t we have to have an IEP to discuss change of placement?

Wrightslaw
06/17/2015

Michelle, I am not familiar with the concept of “open enrollment” in placements for children who receive special ed services. The federal special ed law (IDEA) requires your child’s IEP team to use her present levels of academic achievement and functional performance to develop the IEP and later to determine an appropriate placement. (20 U.S.C. 1414(d)(A)(i))

After the IEP team develops the IEP, the team needs to address this question: “In what setting (placement) can we appropriately put this IEP into action?” If the school does not have an appropriate placement, it must create one.

Suggest that you read “10 Tips About Special Education Placements” by Pat Howey so the sequence of events re: placement decisions is clear in your mind.
http://www.wrightslaw.com/howey/10tips.placement.htm

Best of luck!

Akt
06/05/2015

CHILD W/ ASPERGERS ADHD – AIDE IN GEN ED?

My best friend’s son has Aspergers and ADHD. she is pulling him out of special ed and transferring him to regular classroom.Based on his diagnosis, Can he get an aide?
Please help.