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

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35 responses so far ↓

  • 1 Chuck 11/20/14 at 2:53 pm

    RESTRAINT IN SCHOOL

    Ericka, You would need to check with someone knowledgeable of your state laws. In some states it is very difficult to sue a school district. In some states schools will settle out of court, even though they are protected under state law to avoid the publicity. You could possibly file criminal charges with the police or abuse charges with the appropriate state agency. The staff of your state Parent Training & Information Project should be able to advise you. You can access a list of these in the topics listed on this website’s home page.

  • 2 Cathy 11/20/14 at 11:41 am

    DELAYED EVALUATION

    I was wondering what I can do to help my 8 year old son with written expression difficulties/ possibly dysgraphia (as per private OT in Jan 2014). After several SRBI meetings, a PPT will be done, but they said consent for meeting will not take place till January, 7 weeks away. (Last meeting yesterday Nov19) From there eval would start. I requested an evaluation in writing over year ago to his teacher. Is there anything I can do? Much appreciation.

  • 3 Jane 11/19/14 at 1:56 pm

    HOW DO I GET MEASURABLE GOALS

    We got a copy of our childs complete educational record. There is NO goal monitoring data, not even for the current school year. Her goals are broad and unmeasurable and the school told us that they adhere to IDEA. My child has gone from the 41% on Math MAPS in 2nd grade and is now at the 5%tile in the 7th grade with SpEd services. We are told that they have to teach at grade level and my child will never improve. I know this cant be right. She was headed the same way with reading and writing until we sought private OG, now she is either on target or above average. We asked for retesting for PLAAFP but they indicate that she is getting services and testing would change nothing. How do I get measurable goals that address her needs? We have been trying for 7 years!

  • 4 Wrightslaw 11/18/14 at 1:08 pm

    REVOKED IEP FOR MISREAD DATA

    Alyson: You need to get up to speed on your and your son’s rights. Here’s an easy self-study course from Wrightslaw. http://www.wrightslaw.com/nltr/14/ss.parent.rights.htm

    Hundreds of pages of information on the Wrightslaw site. Start here:
    http://www.wrightslaw.com/advoc/articles/advocacy.intro.htm
    http://www.wrightslaw.com/info/iep.index.htm
    http://www.wrightslaw.com/idea/index.htm

    Get a copy of Wrightslaw: From Emotions to Advocacy and Wrightslaw: All About IEPs. If you want your own copy of the law, IDEA 2004, get a copy of Wrightsaw: Special Education Law, 2nd Edition. (Book returns in excellent condition are available at steep discounts if you call Harbor House Law Press, 877-529-4332).

  • 5 Wrightslaw 11/18/14 at 12:50 pm

    AMENDING A 504 PLAN

    Cari – Section 504 does not require the school to invite the parents to 504 meetings. Section 504 does require schools to develop a system of procedural safeguards. Request in writing a copy of your school’s procedures. You need to learn more. Start here:

    http://www.wrightslaw.com/howey/504.idea.htm
    http://www.wrightslaw.com/info/sec504.summ.rights.htm

    You will find more about Section 504 here. http://www.wrightslaw.com/info/sec504.index.htm

  • 6 Ericka 11/18/14 at 12:33 pm

    RESTRAINT IN SCHOOL

    My son has an iep. He’s been clinically diagnosed with adhd. He gets very aggressive. Sometimes he has to be restrained. The behavioral aid asigned to him was not cpi certified.my son was coming home with bruises. Can I bring suit against the school?

  • 7 carmen 11/16/14 at 12:35 am

    CLASSROOM OBSERVATIONS

    I did not give the school permission to re-evaluate him by signing no-consent. He is not due for an evaluation until 2016. Because I requested a revised IEP meeting, they have delayed it so that they can collect data to change IEP. I found out from special ed teacher that they are doing observations including those from the speech pathologist and O.T. And that they are waiting for their reports for the meeting. I was not informed of these “observations beforehand” and I requested to review these reports/data before the meeting and the school said that they don’t have to give me information on the data collected. I have postponed the meeting until I have a chance to review them before making any changes to IEP. They also said they don’t have reports ready. I had to postpone meeting AGAIN! Can they do this?

  • 8 Katrina 11/15/14 at 11:16 pm

    PRIVACY

    My 16 yr old son was pulled out of honors class by school nurse. She asked the name of his Dr. who treated him for ADHD, if our family had guns in our home, if he carried a weapon, and many more questions. None of his schools have ever asked a drs name concerning his medication. Why is the school nurse asking my child these questions? He is an honor student and has an excellent behavior record. My friend’s son goes to the same school and her son (without ADHD) was not asked these questions. Why my son? Do I have a reason to be upset? Very confused. Thanks

    Also, my son does have a 504 plan.

  • 9 Alyson 11/15/14 at 10:21 pm

    REVOKED IEP FOR MISREAD DATA

    My son’s school stopped his IEP last year after having it 5 years and I didn’t realize I had any rights!

  • 10 Cari 11/14/14 at 3:55 pm

    AMENDING A 504 PLAN

    How long does a school have to respond to a parent’s request to amend a current 504 plan?

    Is the school allowed to deny a parents request for a reasonable accomodation ex: use of an electronic planner for homework tracking and reminders, without meeting with the parent?

    One last question- who has to be in attendance to a 504 meeting from the school, and do both parents have to attend?
    I haven’t been able to find any documentation in IDEA or 504 to back it.

  • 11 Mauri 11/13/14 at 10:56 pm

    AUTISM & SPD – WHAT ACCOMMODATIONS?

    My 8th grader is dx with Autism and a sensory processing disorder (has trouble processing verbal to motor plan). He is struggling in school because of this. What kinds of accommodations would be appropriate for a young person like him. He has been tested and is very capable of doing the work, but is beginning to fail all but one subject and tells us its all “too much”.

  • 12 Chuck 11/11/14 at 11:40 am

    STATE MANDATED DATES FOR IEP’S????

    School staff are told that IDEA requires this or the school will be out of compliance & be in trouble with the state. A 2013 Circuit Court decision addressed this specific situation. Go to http://www.wrightslaw.com/law/art/dougc.hawaii.pwanalysis.htm for Pete Wrights’ analysis of this important decision.

  • 13 Gjunda 11/10/14 at 4:23 pm

    STATE MANDATED DATES FOR IEP’S????

    My daughters IEP is coming up & we told the school we cannot commit to their date & they will have to give us a week to give them one that works for us. Her teacher said it could be done no later than November 19th due to state laws. Is this a fact?

  • 14 Chuck 11/10/14 at 3:19 pm

    HOMESCHOOL OR IEP?

    Schools should have policies & procedures for serving students with medical needs at school & at home (often called homebound). Ask at the campus or administration building for these policies.

  • 15 Kurt 11/09/14 at 11:01 am

    HOMESCHOOL OR IEP?

    My child has been diagnosed with Reflex Sympathetic dystrophy. Her pain is very bad, so bad she throws up due to pain. She has been out for 3 weeks with a doctor note. My wife and I are beside our selves. We need to look into homeschooling or IEP. I have no clue what the school system can do for us. If any one has advice please let me know .Thanks

  • 16 aleena 11/09/14 at 4:51 am

    PUNISHMENT FOR BEHAVIOR

    My child was asked to copy 6 times of all the questions for her question paper total of 60 questions as a punishment from her teacher, what should i do in this

  • 17 Penny 11/08/14 at 8:08 pm

    CHANGE ELIGIBILITY FROM ED TO HFA
    In 1st grade our son was diagnosed medically with ADHD. We knew there was more, but thought the label would assist with IEP/accommodations. It did largely. However, the district classified as ED due to behavior/anxiety. We now have an HFA diagnosis. This is truly reflective of the scope of challenges. As the IEP team has really worked to place supports and develop measurable goals, I have been surprised to find they do not want to modify the eligibility. They want to keep ED as most current behaviors center here. This is due to the extreme amount of work we have put in, and is a subset of HFA behaviors. What would be suggested next steps/resources? It feels appropriate to have an accurate diagnosis – esp for long term. Is there a downside to pursuing this?

  • 18 Concerned Parent 11/07/14 at 9:45 am

    My 11 yr old son with autism has been having frustration and lashing episodes at his new school. Yesterday his teacher called meto tell me he was having “one of his stubborn spells, AGAIN”. When I spoke to his aide she told me my son asked permission to use the bathroom and not only did they refuse to let him go until he finished his work, when he kept insisting they called the principal and took him to the principal’s office. This confirms my suspicions that his acting out is a response of them forcing, imposing and creating confrontation. Also, my son has scheduled breaks on as ppart of his IEP, and on his old school they would honor them as needed, but not here. My son has told me he feels sad, and not important and never before had he had behavioral problems in a consistent basis. Is my son being a victim of harassment? What can I do?

  • 19 Noelle 11/06/14 at 8:20 pm

    CAN SCHOOL TAKE AWAY WHEELCHAIR?

    My son is in a wheelchair, he is always getting picked on by the teachers, and here lately he’s been coming home say that the School is going to take away his wheelchair, because they feel that he’s not using it safely, and now they want wheelchair that someone pushes him around in. Can they take away he personal wheelchair?

  • 20 kari 11/06/14 at 2:04 am

    ESCORTED OUT OF MY SON’S CLASSROOM

    I was escorted out of my son;s classroom by the principal with an officer for no reason. I was simply observing my son who has an IEP and was being followed by teachers. I feel violated. Does anyone have any advice of who I can talk to ? I feel bullied by the principal. please help!!

  • 21 Wrightslaw 11/05/14 at 10:42 am

    PARAPROFESSIONAL PROVIDING 1:1 DIRECT INSTRUCTION

    Katherine: Use the information in the following links about paraprofessionals in NCLB and IDEA to find answers to your question.
    http://www.wrightslaw.com/blog/?p=5830
    http://www.wrightslaw.com/heath/parapro.aide.htm
    http://www.wrightslaw.com/heath/parapro.qual.htm
    http://www.wrightslaw.com/heath/parapro.terms.htm
    http://www.wrightslaw.com/info/relsvc.aide.steedman.htm

    The No Child Left Behind Act (NCLB) includes requirements about the education, training and duties of paraprofessionals.

  • 22 Shannan 11/04/14 at 3:31 pm

    SERIOUS DISCIPLINE ISSUES

    At the end of my rope- my step son had ADHD and a pathological liar. We have tried everything! We’ve set rules- he breaks them. We’ve done everything but put him a disciplinary school. I really think he needs this but can not afford it. At one point, we had three therapists working with him (through the state) but nothing and I repeat, NOTHING is getting through to this child! I’m not a fortune teller but the future seems to be before me in telling me that his future will be in jail for grand theft or other crimes! I’m ready to end my marriage and separate because I can NOT handle it. My next step is getting a priest here to exercise whatever this child has- yes, it’s that bad! Please help- thanks

  • 23 Jen 11/04/14 at 1:56 pm

    IS IEP EVAL WORTH IT FOR HS SENIOR?

    My HS senior was evaluated (at my expense) this summer & diagnosed PDD-NOS. Doc recommended 504 plan for some accommodations and potentially speech/lang eval. School now wants to do IEP eval. Since he has 6 mos left of school, does this even make sense? He will go to reg. college. Feeling very obstructed by school.

  • 24 Bonnie 11/03/14 at 11:39 am

    WHO HIRES DIAGNOSTICIAN TO DETERMINE READING DISABILITY?

    Who hires the diagnostician to determine reading disability in NJ? The parents or the school?

  • 25 Cassie 11/03/14 at 11:06 am

    ACCOMMODATIONS FOR PSAT AND ACT?

    I have a visual impairment and an IEP. Do my accommodations (large print and extra time for all tests and papers) apply when I am taking PSAT and ACT or do I have to get that put in?

  • 26 Vera 11/01/14 at 6:19 pm

    SCHOOL REVALUATION RESULTS DIFFERENT FROM TEACHER’S OWN DATA

    What can you do if the recent reval shows decline in reading and little to no meaningful progress in math for a child that is 15 and now in the 10th grade. The teacher’s own data given every quarter is higher in the reading areas compare to the revaluation. E.g 3 yrs (6th grade) ago my child reading was 3.0, then 7th grade 3.2 and then in 8th grade it was 4.0-5.0 (teacher base it on a online reading program she used). Then in 9th grade it was 3.2-3.4. Math shows 0.5 grade level increase since 6th grade revaluation. The recent revaluation shows reading at 2.5 and math at a lower 1st grade level. The district says each test done during revaluations varied by the person given them and by the amount years gone by or age of the student.

  • 27 Janet 10/31/14 at 10:32 am

    SCHOOL REFUSES TRANSPORTATION

    What can I do if the school district continues to deny my request for school bus transportation for my 4y/o autistic son? Their answer is that the law states they don’t have to provide transportation because he attends his residence school. I know of many students that get transportation and still attend their residence school…..I don’t get it. I’m having a meeting next week with the SELPA director from our school district and I would love to hear from the community and perhaps offer me some advice. Thank you :)

  • 28 Heather 10/30/14 at 11:17 am

    CONFIDENTIALITY ISSUES

    I was notified that my son attempted to kiss a girl in school. He has a full time paraprofessional who witnessed the incident. The para said that the girl had an injury on her arm and my son wanted to “kiss it to make it better.” The girl objected and moved away from him and he was not able to kiss her. The staff talked to him and told him that is not appropriate to kiss anyone in school and that he made the girl upset etc. I contacted the school to see if she was on his van or in his class. Not her name any other information. I wanted to make sure that if it was the girl on his van we took steps to prevent him from trying to kiss her on the van where the only adult is the driver. They told me they could not answer that question. Is there any basis to this? If my son could talk, he would just tell me who it was. He can’t tell me.

  • 29 Jon 10/29/14 at 6:56 pm

    SCHOOL WITHHOLDS VIEWING OF CLASSROOM TESTS

    I have a child with mild Asberger’s that is lucky enough to attend a brand new high school specializing in STEM here in California. He has struggles at times with a very singular approach to studying for tests, and I’ve been working extensively at home to help him become more flexible (I am also a teacher but not in his district). In the past I’ve reviewed his tests after the fact so he can understand his weaknesses, but his school has implemented a policy where he can’t take his test questions home to see his deficiencies so he can learn from his knowledge gaps. I have to take a day off just to get a half hour “viewing” at each teacher’s convenience. Is this even legal? I should add that even though this is a public school, it considers itself more “distinguished” than other schools; the teachers are hand-picked by the principal.

  • 30 Chuck 10/29/14 at 11:41 am

    BULLYING RESULTS IN PTSD DIAGNOSIS FOR STUDENT WITH LD/ADD IEP

    Every district should have policies & procedures regarding investigating reports of bullying. Parents should find the state & district policies on this to see if the campus followed them. If they did not, then they are in violation of the state law/regulations. This site has lots of good resources on bullying. Also the Office of Civil Rights has issued several letters on bullying & its affect on FAPE for a child with disabilities. This week’s wrightslaw e-newsletter reviews OCR’s Oct letter on bullying.

  • 31 MM 10/28/14 at 5:57 pm

    BULLYING RESULTS IN PTSD DIAGNOSIS FOR STUDENT WITH LD/ADD IEP

    Our son has experienced bullying throughout his school career. Second semester of junior year we noticed declining mood, lack of homework completion, and in May he disclosed bullying had occurred on a daily basis. We told the school counselor and our son said he did not feel SAFE at school. We meet with the Vice Principal the very next day who said he would call the three boys involved and their parents. Three weeks go by. No word. Then the Principal calls and tell us they will call the boys/parents in the fall when school starts again: 3 MONTHS AFTER FIRST BEING TOLD OF BULLYING. We got our son therapy and he now has PTSD/Depression which therapist told us is the result of years of bullying. No investigation of bullying. No reconvene of IEP. Is this legal?

  • 32 Katherine 10/27/14 at 8:39 pm

    PARAPROFESSIONAL PROVIDING 1:1 DIRECT INSTRUCTION

    The school is saying it is fine to have a paraprofessional provide direct 1:1 IEP mandated time. They even quoted IDEA from 1997 as the reasoning. We are not a Title 1 school. The original goal of the 1:1 time was to build foundational skills not review skills which is what the paraprofessional is doing. Can they use a paraprofessional for 1:1 direct instruction and how do I determine if the paraprofessional is certified or just an instructional assistant?

  • 33 julee 10/27/14 at 8:23 pm

    CAN TEACHERS QUESTION STUDENTS ABOUT MEDICATION?

    Are teachers allowed to question a student about whether or not they took their medication or not? My son was asked this by a teacher several times – enough that he be came very agitated and ultimately suspended for behavior issues.

  • 34 Kelly 10/27/14 at 6:00 pm

    PRINCIPAL CHANGED AIDE WITHOUT IEP MEETING

    My daughter has had a 1:1 aide for 6 years. She has had the same aide the whole time. She is now in junior high and we are having trouble with the school claiming it is better for her to have more than one aide. So the principle changed her main aide schedule to end before the school day ends. Then a second aide takes over. Can that change be made outside of an IEP meeting?

  • 35 Jo 10/27/14 at 3:09 pm

    LAW ABOUT TRAILER VS CLASSROOMS

    What act or law deals with trailer vs. classrooms. I cannot remember the law name but it states a self contained classroom or special ed classroom can be in a trailer IF there is a like class in the building.
    Thank you.