The Wrightslaw Way

I was told that if a child has excessive absenteeism, he cannot receive special education services.  The school is not allowed to evaluate a child who has not had adequate instruction due to absences?  What percentage of absences would deny special ed services? Schools cannot refuse to evaluate a child who has frequent absences. This […]

I am a teacher in the district and feel like I’m being jerked around by our sped director. She says a parent has to be present for a teacher to formally refer a student for special education testing? I don’t mean “giving/denying” permission to test. Does a parent have to be present simply for the […]

Special education services, especially ABA services for children with autism, are expensive. In most states, demand is increasing. At the same time, for many programs, local funding is decreasing. Is this problem causing more schools to make up their mind in advance? Are districts developing unofficial policies of pre-determining what programs they will use based […]

The school district was supposed to test my daughter for giftedness and/or learning disabilities when we moved two years ago.  I just found out they never did. She is experiencing problems in the classroom. I wrote and asked the principal to test her, but he refused. He said he didn’t even understand why I was […]

My 15 year old daughter was determined eligible for special education. The special ed teacher was pushing for a 504, I want an IEP. If she qualifies for special education doesn’t that mean she gets an IEP? The answer to your question about an IEP v. a 504 Plan depends on which law governs your […]

I submitted a written request for an evaluation that included my parental consent for the eval. They would not accept my letter of request including a statement of written parental consent as “legal consent”. I received this response from the director of spec. ed. “As you may know, the IDEA contains certain requirements related to […]

My daughter is 4 grade levels behind in reading.  According to her evaluation, she has dyslexia, low working memory, and a severe reading disability. The school said they would start her in tier 3 RTI. If she doesn’t make make progress, they will give her an IEP. Shouldn’t she qualify for special ed now, without […]

My son is in 9th grade and is ADHD.  He has very poor executive functions causing problems in math and writing. He has been evaluated twice with the school deciding that he has normal IQ. I know of many other cases where poor executive function has not been recognized as a reason to give IEPs, […]

My daughter is in the 6th grade. She has sensory processing disorders, executive functioning problems, and severe anxiety. She had an IEP for emotional problems. When she takes medication, her anxiety is manageable. Because her medication is working, the  school says she is no longer eligible for special education services. Does effective medication disqualify a […]

I read a document on your website that said a student does not have to be functioning below grade level to qualify for special education services. I can’t find that document now. Where can I find this information? You are thinking about “Letter to Felton,” an opinion letter from the U.S. Department of Education. Grades […]