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Q & As from Wrightslaw: Accommodations – IEPs LRE – Transition

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Current Topics & Questions

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  • IEPs: IEP vs 504, WHAT’S THE DIFFERENCE?

    01/23/2017

    Dianne:  My son was diagnosed with FASD, Autism and other disabilities. I requested an IEP but due to his intelligence they are saying he qualifies for 504 but not an IEP. FASD children test really well and I tried to provide plenty of documentation from various therapists, doctors but still no IEP. Is 504 as good as an IEP? What is dif

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  • Homebound Instruction: 60(+) ABSENCES- SCHOOL REFUSES IEP

    01/23/2017

    DR: Excessive absences are impacting my son's educational 'experience', but because he's a smart kid with high test scores the school says there is no academic impact and is denying him appropriate Homebound Instruction. Aren't both the 'experience' and the 'academics' included in determining IEPs and right/eligibility to homebound instruction? If so, how can we fight for this-whats our next step? District said would only consider it if he was hospitalized for extended period or had something life threatening. BACKGROUND: -District insists 'no academic impact'=no additions to IEP. -Receives IEP for Speech and OT for handwriting. 504 modifications for ADHD, Sensory Disorder, and Anxiety. Allows Fidgets, wobble seat, etc but modifications/accommodations are STILL being implemented despite being some going back to 2014. -Homebound Instruction Certification: Asthma, Ehlers Danlos, Anxiety, Migraines, and IBS. Currently offering tutoring only for 45 minutes twice a week,

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  • IEPs: SERVICES PAGE – OFFER OF FAPE

    01/23/2017

    Lois:  I am in Ca. - IEP speech and language service page states 60 min/wk with both the individual and group boxes checked. Some say 'This is direct service time'. Is this interpreted to mean that 30 min are group and 30 min are individual? How big is

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  • Paraprofessionals: KEEPING SAME PARAPRO IN MIDDLE SCHOOL

    01/23/2017

    Mary:  We are preparing to move to middle school and our child with Down syndrome, in Gen Ed, has a 1:1 paraprofessional for safety and academic support. We would like to know if it is possible for the same paraprofessional to stay with our child after the move to middle school. That is if the paraprofessional wants to move, we have broached the idea but want to be sure what to do before we bring it up again. I don't know who to ask without ruffling feathers and potentially making the para's life miserable! any advice

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  • Evaluations: 504 PLAN FAILING, RTI BEFORE ASSESSMENT?

    01/23/2017

    Cindy:  Hi! I am a new advocate and have a student who has a 504 plan. I'm suspicious that he might have Dysgraphia because his writing inside and out is horrendous. I understand RTI has to take place before I request an Special Education assessment. Is there any way around not doing to the RTI and going straight for the assessment. The school has not held up their end of t

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  • Goals: SOCIAL AND EMOTIONAL IEP GOALS

    01/20/2017

    Terry:  Can a person other than a social worker or counselor provide social and emotional service hours for a students IEP? Are there IDEA regs that state a social worker needs a certain level of license to fulfill IEP hours? I know many school districts require social workers to be licensed but I am wondering if IDEA requires this as well. If not, can any behavioral aide complete social and emotional IEP hours as long as that person is listed on

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  • College / Continuing Ed: NO 504 OR DISABILITY SERVICES – DISCRIMINATION?

    01/20/2017

    Jay:  My daughter had an IEP throughout her primary/high school period. Upon graduating from high school (with very good grades) she was accepted into four year college. My wife & I met with the school upon her acceptance and was told she would not receive any help for her disability. We were not informed about the process nor did we understand the difference between an IEP & a 504. They also put her in a dorm with upper classmen and it was a disaster. We again met with the dean of her school when she was involved in a situation involving drugs and alcohol. She was cleared of the situation and the girls that were guilty were left in the dorm with my daughter. The parties, drug and alcohol increased. Eventually my daughter quit going to class and the school asked her

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  • Parent Rights: PARENTS RIGHT TO REFUSE TO CHANGE EXCEPTIONALITY

    01/20/2017

    Cheryl:  My son was evaluated at school by a psychologist from an Autism behavioral health facility. As a parent, can I refuse to change my child's exceptionality because of inaccuracies or false information placed in the psychologist's evaluation report? If I refuse, am I required to consent to a new evaluation? Also, if seeking a new evaluation, am I required to allow the school to implement the plan of the initial, disagreeable evaluation? I have asked the doctor for copies of my complete parent survey, but she has refused. She informed me the day of the evaluation that she would expedite me a copy. I was advised while completing the survey that I could leave some items blank because many of them were not age appropriate or did not apply. I would like to see a copy to ensure my items were

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  • Functional Behavior Assessment (FBA): FBA AS PART OF CST EVALUATION?

    01/20/2017

    Jennifer:  Does FBA legally have to be included in CST eval if student has a record of pervasive behavioral incidents in school? My 6-year-old is in 1/2 day Kindergarten (diagnosed with ADHD with SPD, ODD, and Anxiety as co-morbid factors) and is currently being evaluated for an IEP at MY request. The school agreed to ed testing and a social (they accepted our outside psych testing), but they did not mention an FBA. After his behaviors escalated, I contacted the school to ask if someone planned on reaching out to the district behaviorist, and the school counselor (not the case manager) said they just made the referral request that day, a few weeks after I'd consented to the CST eval. They contracted a behaviorist from Rutgers, but I haven't gotten a clear answer as to whether or not he will be completing

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  • Accommodations on Tests: STUDENT REFUSING ACCOMMODATIONS

    01/20/2017

    Jodi:  If a student (with an IEP) refuses testing accommodations through out the school year, is that same student allowed accommodations on the EOCT (End of Cours

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  • Reading: SCHOOL ASKED ME TO PROVIDE ELEMENTARY LEVEL BOOKS IN MIDDLE SCHOOL

    01/19/2017

    Paula:  My 12 year daughter has down syndrome and is reading at a 3rd grade level. The school has asked me to provide her appropriate leveled books for school. First of all, I am a parent and do not know what "level book" she should be reading. Second, shouldn't the school have to provide her with books? I want her to continue to receive instruction to improve her reading skills, but do not feel I should have to buy books for them to te

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  • Goals: APPROPRIATE IEP GOALS FOR WRITING SENTENCES

    01/19/2017

    Martha:  If a child is 8 years old and can't say a complete sentence (only phrases), should a school be allowed to set a goal on the IEP for them to write a complete s

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  • Aides: ONE ON ONE AIDE ABSENCE PROTOCOL

    01/19/2017

    Rachna:  If a student has a 1:1 aide per their IEP, and that aide is absent, what is the protocol? Do they have to provide a sub-aide for the full day? Can the teacher become the 1:1 aide for the day? If so, what about the other students in th

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  • IEPs: CAN SUBSTITUTE TEACHERS WRITE IEPS?

    01/19/2017

    Jasmine:  Can substitute teachers wri

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  • IEPs: SHOULD RTI SPEECH BE INCLUDED INTO THE IEP AND IF SO WHERE?

    01/18/2017

    A student graduated out of speech last year, however continues to receive RTI services once a week as a "maintenance." Should this service be included into the IEP and if so where? Or is it to be included into the notes portion of the IEP only? Can you explain the reasoning behind either option? TH

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  • Grades: CAN A SCHOOL REALLY FAIL A STUDENT IN SPED

    01/18/2017

    Karen:  I have a 14 year old daughter who has been in sped since 1st grade. She is now a 9th grader and ever since she went to middle school in 6th grade she is constantly failing where her disability is in, math. She has dyslexia and all was done for reading nothing for math. Well for the past 3 years she has been pulled from her extra curricular activities because of failing her grades. I have questioned the schools for 4 years now wanting to know why a child in SPED is failing. I worked in SPED and did all I could for my students, why is it with her its okay to fail her. They are not meeting with the IEP plans and tell me well a child in SPED can fail. Really. Why even have an IEP. Why even

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  • Goals: IEP GOALS SUPPORTED BY SERVICE

    01/18/2017

    Kathy:  If you write a goal in the IEP does it have to be supported with actual service in the IEP? I wrote a reading and writing goal for a SPED student based upon her last Common Benchmark Assessment results. She is not receiving any SPED English services. My administrator is saying it must be supported with an actual

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  • Consent: IEP APPROVAL IN CALIFORNIA WITH JOINT LEGAL CUSTODY

    01/18/2017

    Mary:  If I have joint legal custody of my child in California does it require both parents signatures to get an IEP assessment? If so, where is that stated in the legi

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  • Observation: BCBA OBSERVATIONS IN PUBLIC SPECIAL ED CLASSROOM

    01/18/2017

    Kielin:  I am the BCBA for my client's home team. I have observed him in his general ed classroom several times throughout the year. He is moving to their self contained classroom and now the district is saying that I can no longer observe him in class due to confidentiality issues with the other students. Is this correct? We use the information gained from the classroom to guide our home program so that it further supports what he needs to do in the classroom. He needs significant additional practice to master skills. The time spent on skill acquisition in the classroom is not enough. Coordination between school and home is imperative for his

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  • General Ed: RESOURCE ROOM FUNCTION

    01/18/2017

    Julie:  Should special education teachers in resource room teach general curriculum in addition to compensatory skills as listed in annual goals and obj

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  • Goals: WRITING WITH APRAXIA

    01/18/2017

    Martha:  If a child with apraxia cannot talk in complete sentences, should they have an IEP goal that states they need to write a complete sentence that makes sense with 4/

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  • Class Ratios: INCLUSION CLASSES

    01/17/2017

    Stacy:  What is the maximum percentage of special education students placed in an inclusive cl

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  • Accommodations: COLLEGE BOARD ACCOMMODATIONS – STUCK UNDER OLD POLICY

    01/17/2017

    Elisa:  Our son has undergone testing and qualified for accommodations at a private high school. He is currently in 10th grade, so our school proactively submitted the case to the College Board who denied his application for accommodations. Under the new law, he would be granted the accommodation because the school agrees with the tester that he requires assistance, however, the College Board has indicated that their decision under the old law stands. What can we do to overturn this decision and be considered under the

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  • Teacher Issues: QUALIFICATION FOR AN IEP

    01/17/2017

    Shell: Working in a school where I hear the Special Ed. teachers talk about job retention and how they can create IEP's for students just to keep the numbers up. How can I bring this to light without causing a huge br

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  • Compensatory Ed: DIFFERENCE BETWEEN COMPENSATORY SERVICES OR EDUCATIONAL SERVICES

    01/17/2017

    Kathryn:  The school opted for an Administrative Review vice Mediation. During this Administrative Review, the school didn't admit any violation of FAPE but did agree to provide 57 hours of services which the school is referring to as "educational services." Is there a legal difference between compensatory and educational? Why the wo

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  • Parent Rights: SCHOOL REFUSING PARENT ACCESS TO VIDEO

    01/17/2017

    Chris:  My daughter was in a physical altercation at her school during a friday night basketball game.The police had my daughter fill out a police report.I was told to keep my daughter home until they had a chance to review the tape to determine further action. I was denied watching the video due to privacy issues. I believe,my daughter is a minor,and except in the bathroom,she doesnt have a "private"life.Until she is 18yrs old, i should be able to have rights to any and all video, recording, statements, etc. no matter who's video or property she was on. Do i have any rights as a parent concerning access to the video which can result in her getting e

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  • FAPE: NO SCHOOL FOR 7 YR OLD, BEHAVIOR FACILITY WON’T RELEASE TO PUBLIC SCHOOL

    01/17/2017

    Kathy:  Grandson in behavioral school for 3 months. Public school he attended prepared to take him back. Behavioral facility psychiatrist refusing to sign release for that to happen. He is not attending any school at present.

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  • Highly Qualified Teachers: SDC CASELOAD CALIFORNIA

    01/17/2017

    Laura:  Our district hired a long term sub and gave them a caseload of diploma bound RSP students...They got in trouble in a case hearing because she was not credentialed. All the RSP teachers are over caseload numbers now and I am an SDC-NON DIPLOMA teacher who has a caseload of functional skills students. They added the overage of RSP students to my caseload because they said I have the credential. Not only are they adding extra duties to my work load but I never see these special education students in general education classes. They said the SDC teacher isnt teaching them but I must manage all IEP's and meetings? Is this legal? Is their a California ed code I c

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  • Eligibility: ARE ADOPTED CHILDREN ELIGIBLE DUE TO TRAUMA?

    01/17/2017

    Kathy:  Is there a law that mandates adopted children are eligible to receive an IEP or 504 due to

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  • Aides: ONE TO ONE AIDE CHANGES CONSTANTLY

    01/17/2017

    Abeer:  During the IEP we agreed that my child (CP with mobility problems and speech delay) will have a one to one aide and my child will be mainstreamed. But since we begin they keep changing the aide which affect my child behavior and of course her attention in the classroom and her academic level.... i dont know what can i do? I kept talking to the school principal but their answer is we can't find

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  • Class Ratios: ON LEVEL MAINSTREAM CLASSES

    01/17/2017

    Lucy:  What is the percentage of special education students allowed in an on-level, mainstream, class before that classroom becomes "resource?" Are there gui

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  • Placement: HEALTH ENDANGERMENT, MEDICAL PROTOCOL

    01/17/2017

    DH:  My child is in a mild moderate self contained classroom in one of the top school districts in California. She has a medical protocol on file at school that clearly stated that she can not be subjected to excessive screaming and that this can cause sudden death due to a heart condition. The district placed another student in the same class right before winter break on a diagnostic trial, the new students has a very challenging behavior of intense ongoing loud screaming. My child is having extreme anxiety and is suffering. How can I address then. I have already did the meetings/ emails/ official letters from doctors/ in home BCBA. The district is pushing us to seek a private placement. My child is not the only child suffering but is the only one with a clear health concern. The district is

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  • Placement: GIFTED 14 YEAR OLD LEFT WITHOUT PLACEMENT

    01/17/2017

    Fior:  My son was in regular ed until middle school. Due to his behavior at a talented and gifted school the doe made a recommendation to place him at a residential in Yonkers. I thought the school will be up to his academic level . He is a bright child. His neurodevelopmental test recommendation states he needed a small class with college level intellectual kids. My son regressed in that year of staying in that place. Now he is reluctant to attend another type of same placement. I have written to the doe that he needs another type of school. My question is What steps should I make because my son has been without school since September and it will be 5 months without placement.? Can I sue the doe for violating his

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  • Sports: SUSPENSION FROM ATHLETICS

    01/17/2017

    Patsy:  Can a 7th grade student be removed from the school's basketball team because of disruptive (nonviolent) behavior in the classroom? Student has been diagnosed ADHD and oppositional defiant but is not SpEd

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  • Confidentiality: CONFIDENTIALITY BREACH VIA EMAIL

    01/17/2017

    Melanie:  Teachers at my school often email about IEP students and modifications needed, especially on new students that are awaiting paperwork to transfer in. A fellow teacher listed names of new students with general modifications to be used until paperwork was in and meetings were complete. She sent it to the entire building teaching staff by total accident instead of each students homeroom teacher. All staff interact with these students at some point and time of the day and are encouraged to view the IEPs. Is there anyway she can correct this or is it even a violation to do what she did? I don't think it would be against moral terpitude because she did not do this viciously or with intent to harm

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  • Behavior: 3RD GRADER SENT OUT OF CLASS ALL DAY WHEN SUBSTITUTE TEACHER

    01/17/2017

    Kathleen:  My 3rd grader has an IEP for academic support. Several months ago she experienced a significant trauma and has been struggling behaviorally (crying, calling out in class, attention-seeking behavior). Given her recent difficulties her school has implemented a plan to have her leave her classroom for the entire school day whenever a substitute teacher is present (she spends the day with the 4th or 5th grade). She is distressed about this and today was unable to participate in her pull-out services as she was so distraught about not being allowed to re-join her own class. Her annual review meeting will take place later this month and I have notified the team that I plan to request that social/emotional supports be added to the IEP. How can I approach the plan for teacher absence/substitutes? School states that they feel my child is

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  • Accommodations on Tests: TEACHER DOES NOT GIVE EXTRA TIME ON TESTS NOTED ON 504 PLAN

    01/17/2017

    Virginia:  My daughter is an 11th grader with ADHD and has been on a 504 plan since middle school. One of her accommodations is to get extra time on tests. She has always received the extra time to include the PSAT and SAT. However, this year her 6th period math teacher has indicated that unless her 5th or 7th period teachers will allow her to miss all or part of their class in order to allow her the extra time, she can't give it to her. She won't allow her to work on the test the next day either. Her other teachers don't want her missing their classes and I'm running into road blocks when I have taken the issue to the school's 504 counselor as well as the Assistant Principal. They keep telling me to work it out with the teacher

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  • LRE: CAN CSE DENY CHANGE TO MORE RESTRICTIVE SETTING

    01/13/2017

    Doreen:  If a student has Consultant Teacher services but skips classes and is failing, can a CSE deny a change to a more restrictive setting if test scores reveal a low IQ and reading and math levels 4 years below grade level which would be better academically suited for a 15:1 placement ...or at least add a resource

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  • Social Promotion: CHILD CALLED TROUBLE MAKER, DENIED IEP, MOVED TO NEXT GRADE

    01/13/2017

    Maryann:  I live in Pennsylvania. My son was away in Florida for a year in a traumatic situation. When he returned, I registered him In local public school and principal suggested he start in 7th grade to finish for the remaining four months and start fresh the next year for 8th. The vice principal picked him out and basically bullied him every day. He came home every day with a story and every day I called them. I was told the kids that made friends with him are not good kids and he should make better choices. I made an appt for a meeting and was again told he needs to make better choices with friends. About two weeks later I was notified that he was being moved up to 8th grade because he was on the 8th grade level and academically

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  • Accommodations on Tests: CAN “RE-TAKE TEST” BE AN ACCOMMODATION?

    01/13/2017

    Ellen:  My daughter has had an IEP since Early Childhood for initially LD but now for ADD too. She is currently a Junior. I want to ask for test retaking abilities as a accommodation. Our school district is really horrible with implementing her goals. Her GPA is taking a huge hit. An example is in her math class she was getting a high B first semester. The teacher went on maternity leave Oct. 30th. The long tern sub was "locked out" of the grading system for 5 weeks. He "was not able to" put scores into the system until Dec. 10th. I was e-mailing him and asking about scores and he was telling me he was going to do it but waited until 6 days before the end of the semester. Her grade was dropping like a rock and no one seemed

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  • Accommodations on Tests: REQUEST FOR NON-UNIQUE TESTING ACCOMMODATION BUT TOLD NO

    01/13/2017

    Dana:  In our state we have a non unique testing accommodation for computer based testing (CBT) which allows students to have a "reading passage booklet" for the reading CBT. This booklet only contains the passages and not the questions. This paper text then allows for highlight, text marking, etc. and then the student answers the CBT questions on the computer. The student(s) have classroom accommodations of: reading booklet, colored highlighter, diagramming/graphic organizers, text marking. I have administered this test before and know there is not an option for varied color highlighting, they cannot text mark, and any comments must be written in a "notes" pop box that does not stay open. In class we use paper based strategies for about 80% of the time and students use the strategies wholly and have made great progress. However, the testing and reading programs for

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  • Absences: IEP COMPLIANCE WHEN STUDENT MISSES HALF DAY, EVERY DAY

    01/13/2017

    Angela:  I have a student who received a diagnosis of dyslexia over winter break and upon returning to school her mother said she would be absent for half the school day, every day for the next four to six weeks for therapy from the diagnosing facility. My question is by the time the child gets here, they are in specials (PE, Art, etc.) and recess and there is very little time left to complete the nearly 60 minutes required for her IEP each day. Am I out of compliance if they parent pulls their child from school f

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  • Confidentiality: IEP PRIVACY

    01/12/2017

    Cheryl:  Shouldn't IEP accommodations/SDIs be confidential between teachers/parents and THE student. Teachers are openly discussing my student's IEP accommodations/SDI in front of classroom students and singling out my student. Isn't thi

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  • Re-Evaluations: CAN I REQUEST A NEW EVALUATION AT THE TRIENNIAL MEETING?

    01/12/2017

    Hope:  My child was unable to receive services due to a family crisis. She has been attending a private school with no services and is doing ok but struggles. Our family is out of crisis now and would like to get her the services she requires for the coming year as a 7th grader and will be attending a public school . How do I go about it? Can they refuse? Can I request for a new evaluation? At the triennial iep meeting I'm not sure what t

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  • Inclusion: SCHOOLS SAYS STUDENTS MUST LEAVE THEIR CLASSROOM TO RECEIVE ACCOMMODATIONS

    01/12/2017

    Joe:  If a student is given an accommodation in his or her IEP that requires a pull-out, like tests read aloud, quiet setting or extra time to finish, may they refuse and stay in the classroom? May they also then refuse to have a test read allowed to them in the classroom? I was under the impression that they did have the right to refuse services, but I am being told that this is considered a violation of the IEP. I'm told that Kansas law states that students must be forced to leave their classroom to receive their accommodations. Is this

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  • Bullying: TEACHER BULLYING SPECIAL ED TEACHER

    01/12/2017

    Karen:  What can be done when a general education teacher is bullying the Special Education teacher in a small school? Where no matter how many times it is reported nothing is done about it. Not only is this general education teacher bullying the Sped teacher other teachers and some of the Sped s

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  • IEPs: SCHOOL SAYS THEY ARE PROHIBITED FROM LISTING DETAILS ABOUT SPECIAL SERVICES PROVIDED

    01/12/2017

    Noko:  My school SpecEd Dept refuses to detail the nature of Special Services being provided to help my child reach goals, saying they are prohibited from doing so -- for example, describing a service only as "study skills consult", when in reality, it is a 10 minute end-of-day meeting to teach homework planning, use of assignment calendar, and assure all assignments are correctly detailed, etc... I am concerned that if the Service here is not detailed, a new teacher, substitute, new SpecEd case-manager, etc... would have no idea what is to be performed... Is there any legal authority I can show them? Their position seems illogical, and would make it virtually impossible for the parents to enforce the non-provision of this service, as their description is so vague...

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  • Progress: LACK OF PROGRESS, STAY PUT IEP

    01/12/2017

    Marie:  My 10th grader (ADHD and Dyslexic) is reading at a 5th grade reading level, went into 6th grade at a high 4th grade level. He attended 2-3 summers for ESY, a summer of 1 on 1 with using the FASTFORWARD program , all recommended by the school and showed little progress and team agreed FF was not working for him. Last summer (another school recommendation) used JUST WORDS and showed some progress but now it is not being done to fidelity so once again no progress. Although IEP team agreed FF was not an appropriate program the school continues to use it with him. We have had several IEP meetings to try to agree on his new IEP but have not signed it. My understanding his last signed IEP should be the one being followed until new one is signed. Is

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  • Consent: PARENT RIGHT TO OPT OUT OF AN IEP, PLACE IN A PRIVATE SCHOOL

    01/12/2017

    Elizabeth:  We are in MA, we decided to check our 6 grade kid out to attend a private school w/o services. she is in a last process of an IEP re evaluation. they want to complete it even though she is being pulled to another school & want me to take her to continue the special services by my own means which I do not have a car to take her. I do not fully know my rights & I feel intimated by them. we are wanting to opt out on an IEP re evaluation but I am afraid they will threat me even more we given them a written notice. it seems they do not want let her go, nor withdraw her from the services. what will happen after we had given them a written notice & they still want to

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  • Placement: OUR DISTRICT IS FAILING, WE HAVE TO PAY FOR OUT OF DISTRICT PUBLIC SCHOOL

    01/12/2017

    Anna:  Our county school district is failing and special education being sued. We have to pay the county tax fee of $8000 to send our son to another district's public school. Are there programs to help pay for this? Or is there a way to not have

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