The Wrightslaw Way

The school wanted to retain my son who has an IEP for OT, PT and Speech. They insisted he repeat second grade. I disagreed.

Now in third grade, his teachers want to send him back to second grade. They say his writing is not on par with a “normal” third grader’s writing.

He grasps all concepts of the curriculum, but has a cognitive processing issue.  He has difficulty understanding directions and the details of assignments.

Should I let the school retain him?

Specialized instruction, provided through an individualized education program (IEP), should be meeting your son’s unique needs.

Retention is not a form a specialized instruction.

Didn’t Work the First Time

Since his instruction in second grade the first time through did not meet his needs, it does not seem logical to repeat that again. Doing what did not work the first time makes no sense.

Meeting his needs through the IEP would be the logical approach. [Read more →]

Tags:   IEP Goals · IEPs · retention2 Comments

Guest post by Jeremy Hilton -

In 2008, Congress mandated creation of the DoD Military Family Readiness Council to review and make recommendations to the Secretary of Defense regarding the policy and plans of the department’s military family readiness programs.

Four weeks ago, we volunteered our efforts to help DoD get the word out to the many military families who would benefit from information about the council and its mission.  In keeping with the obvious need to go where the people are, we have created a Facebook page instead of a website:

https://www.facebook.com/DoDMFRC.

Our intent is to focus on areas that concern the council and military families. 

1.  Noted at the last council meeting, not enough is known about the issues surrounding EFMP or those families’ concerns. This Master List of Reports, Articles, and Regulations will help.

2.  Read the full text of legislation attached to the 2013 NDAA, otherwise known as TRICARE for Kids.

We hope keeping military families informed empowers them. [Read more →]

Tags:   DoD Military Family Readiness Council · EFMP · Jeremy Hilton · TRICARE for Kids Provision in HR 4310No Comments.

Seats going FAST! Register Now!

Join sponsors Parents Helping Parents and Pete Wright, Esq. for a one-day Wrightslaw Special Education Law and Advocacy Training on March 14, 2013.

This Wrightslaw conference will take place at the Westgate Church located in San Jose, CA.

If you miss this one… check out the schedule page for ALL upcoming Wrightslaw trainings.

Tags:   special education trainingNo Comments.

Can the school district set a predetermined dollar amount as a cap on the cost of an IEE?

No. There is no provision in the law that allows districts to limit the cost or that requires parents to pay a portion of the cost of an Independent Educational Evaluation (IEE).

The regulation about the parental right to an independent educational evaluation is 34 CFR §300.502 (Wrightslaw: Special Education Law, page 252-253).

A few years ago, OSEP issued a letter to clarify that parents have the right to select an evaluator of their choice.

Since the letter was written in 1994, the regulations cited were for IDEA 97, and may be slightly different in IDEA 2004.

In a nutshell, parents have the right to select an evaluator of their choice. [Read more →]

Tags:   Approved List of Evaluators · IEE · independent educational evaluations · Procedural Safeguards5 Comments

Based on a doctor’s order, my daughter is receiving homebound instruction. The school district makes us provide transportation to the school for this instruction.

Shouldn’t the school provide transportation or a teacher to come to our home?

Transportation for Homebound Services

If your child has an IEP, the IEP controls the services, regardless of where they are delivered – at home or in the public school.

The IEP team determines what the child requires in order to receive FAPE, i.e., a free appropriate public education. [Read more →]

Tags:   homebound instruction · Homebound Services · IEPs · TransportationNo Comments.

Early Bird Registration Ends on March 1, 2013. Don’t miss out on this event!

Location, Location…  Join Pete Wright and Education for Parents of Indian Children with Special Needs (EPICS) on March 20, 2013 for this Wrightslaw Special Education Law and Advocacy Training at the Buffalo Thunder Resort and Casino  in Santa Fe, NM.

This Pre-Academy Session kicks off the 10th Annual Family Leadership Academy which runs from March 21 through March 23, 2013.

Two ways to register: Online or Download the Registration Form.

Registration includes Continental Breakfast, lunch, snacks and three Wrightslaw books.

See you in beautiful New Mexico on March 20th!

Tags:   Advocacy · Conference · IDEA 2004 · IEPs · Learning Disabilities · Special Education Law · special education training · StrategiesNo Comments.

My son is going to middle school. Same district, new school, just blocks apart. His 1:1 (same para for 3 years) has been the best thing that has come into his life ever.

We want his para to follow him to middle school.

The Special Education Director says this para can not follow him. He will have a few different paras at his new school. Can we get around this?

When parents ask for a specific service or person, schools usually say “No.”

They don’t want to be in the position of doing what a parent asks, even when the parent makes a reasonable request. Even though the IEP team may work well together, it is a small part of a large system.

If you have an unusual request, sometimes you run into an “invisible administrator.” You need to learn about school culture and the rules of the game.

[Read more →]

Tags:   gatekeeper · Rules of the Game · School Culture1 Comment

“Your child is reading 7 grade levels below his peers.”

How would you like to hear these words?

That is what we heard after years of working with the school on behalf of our son who has ADD/LD and dyslexia. He was going into 8th grade as a primer (first grade) reader. He could comprehend at grade level but could not read, write, or spell at grade level. He was good in math and all other subjects.

We learned late about his diagnosis of dyslexia.

His IQ was in the normal range, but he had a reading and writing disability. We had been working with the schools since he was in 2nd grade and we noticed that he had severe problems in reading and writing. These problems got worse as he continued in school but did not get the help he needed. This is what we did … [Read more →]

Tags:   Evaluations · Research Based Instruction · Scientifically Based Instruction · Teaching Reading · Test Scores · Wilson Reading Programs1 Comment

Where can I find out my daughter’s rights to accommodations in college?

We asked for testing to be done out of the classroom in a quiet location. All of her tests in high school were done this way.

We also asked for copies of notes, PowerPoint slides, and teacher outlines to help her follow lectures. These were all denied.

We have a section about college issues and problems on the Wrightslaw College: Continuing and Higher Education page at http://www.wrightslaw.com/info/college.index.htm.

Start with these two free publications.

Preparing Your Child For College: A Resource Book for Parents

This resource book is designed to help you plan ahead – with your child and your child’s teachers and counselors – to ensure she is prepared academically for the rigors of college and to save now and plan financially for the costs of a college education.

Help for College Students with Disabilities from Wrightslaw

Parents of kids with disabilities are often surprised to learn that their college-bound children are no longer eligible for IDEA services. This document from Wrightslaw contains information and many resources that will help you along the way. [Read more →]

Tags:   ADA · College Accommodations · College and Continuing Education · Section 504 · Self AdvocacyNo Comments.

It’s now second semester of my son’s junior year and no attention has ever been paid to a Transition plan. The school has no vocational training, internships, or apprentice programs for any student.

My son needs hands-on experience in his current school program. Shouldn’t the school provide these services?

Transition planning is an IEP team responsibility.

As a parent, you should attend IEP meetings as an active team member. As a parent, you play an important role in transition planning.

As a member of the team, you can help the other members identify measurable goals that your child wants to achieve. You can think “out of the box” to look for solutions to help your son.

Your son needs “hands-on” experience?  Like other services in the IEP, transition services should be based on your son’s needs, not what the school has available. [Read more →]

Tags:   IEP Team Members · IEPs · Transition Planning · Transition Services1 Comment