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

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Current Topics & Questions

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  • Accommodations: IEP ACCOMMODATIONS NOT BEING GIVEN BY TEACHER

    12/05/2016

    Jacob: Hello, I am a in my 3 year of high school spanish and I am having problems with the teacher. Over the course of the year she has not given me back up notes or extra time on tests, which are both resources my IEP says I have. What shou

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  • Accommodations: IEP ACCOMMODATION REQUEST FOR ORGANIZATIONAL HELPER

    12/05/2016

    Jennifer:  I have a 13 year old with a cognitive and medical IEP. She suffers from Epilepsy. Her organizational skills are not where we should be, requested that the school offer an organizational helper in the beginning 15 minutes of school to prep her for the day, and for 15 minutes at the end of the day to make sure that she has all materials needed to complete assignments at home. I have been informed that the school "doesn't think they can do both, morning and afternoon." The organizational helper they have is only in the morning. May I request an afternoon teacher to take on that responsibility? We have an IEP meeting 12/19 and we are trying to make sure that we have all spel

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  • Evaluations: TRANSFER OF STUDENT DURING EVALUATION

    12/05/2016

    Tiffiney:  If District A begins an evaluation for special education on a student (referral, review of existing data completed, parental consent for evaluation obtained, and possibly some of the assessments listed in the evaluation plan already given) and the student transfers to District B before evaluation can be fully completed; can District B continue the evaluation process from the point in which District A stopped (given the evaluation in progress meets all state/federal /local guidelines)? Or is District B required to start the evaluation process all over again, starting at the review of existing data and obtaining parental consent, before proceeding with the evaluation for special education?

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  • Eligibility: SCHOOL HAS CHANGED MY SON’S GRADES TO AVOID EVALUATING HIM

    12/05/2016

    Jennifer:  My son is in 2nd grade and has been struggling with homework, and completing in-class written assignments since the first week of school. His teacher has implemented some accommodations. His writing scores are at a beginning kindergarten level. Yet his math, reading, and verbal were all at or above grade level. It appears there is some kind of block when it comes to writing, time management, and other executive functions. At first I thought it was perhaps inattentive ADHD (he does have an independent psych eval coming up but not until the end of the school year, so not much help now). Could it be a learning disability specific to writing, or expression (although vocal expression is excellent)? Or perhaps OCD resulting in anxiety, fear of failure? All sorts of attempts to motivate him have failed. The school counselor believes he

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  • Section 504: 504 MEDICAL PLAN ISSUES

    12/05/2016

    Fonda:  My son has had a 504 migraine health care plan that has never been completely followed by the school. The doctor got involved now they allow him to attend half days. They have sent us to truancy court twice over this and my son has more health issues now than he did at the start of school. We ended up the last school year with homebound services and he did quite well. He suffers from 3 chronic illnesses but the school only accepts one 504 plan. He now suffers from acute anxiety and is being denied access to the nurse for stress down time as well as cutting out the therapist that was working with him because of it being school based therapy. We had a meeting last week and were told that because he failed to attend school and complete

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  • Advocacy: ODD ADHD MILD NEUROCOGNITIVE DISORDER – WHERE DO I START?

    12/05/2016

    Jeanine:  Don't know where to start. My son has hydrocephalus, eye problems, and was just diagnosed with ODD, ADHD, and Mild Neuro cognitive disorder and might be on the spectrum but the doctor needs to look at the test

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  • Curriculum: ACCESS TO CURRICULUM?

    12/05/2016

    Danielle:  My son, 6yo and diagnosed with ASD and a Speech Impairment, is being given busy work in his inclusion environment. This was revealed by my discovery of seven of the same math packets (well below his ability) that he has done in inclusion over the past two weeks. He does not have a learning or intellectual disability. In fact, there's never been anything that he couldn't learn to do when multiple approaches were tried. When asked, his teacher stated that he does that math packet when the other students are working to prime him for more stamina when he does independent work later on. This feels like a violation of his grade level access to the curriculum, when they give him busy work to keep him quiet and compliant in the classroom. He is not getting exposure to the grade level

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  • Paraprofessionals: AIDE VS PARAPROFESSIONAL IN TEXAS

    12/05/2016

    Lindsey:  What is the definition of an aide and a paraprofessional in the states of Texas? Then what are their responsibilities? My daughter with profound Nonverbal Learning Disorder needs a support person with her at all times that understands NLD and can support her appropriately by talking to her and saying the correct things. Not, "Oh Katy, you choose to be happy and "see this is why you should have gone to class". I am trying desperately to help Katy stay in school half days and the support staff lacks training. Katy also has a rare form of ovarian

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  • IEPs: IMMUNIZATIONS

    12/05/2016

    Shannon:  Can a child with an IEP be excluded from school if he/she does not have the required state immunizations? In my district, this would only happen if there were confirmed cases in his school. But he would be excluded for 28 days per their policy. (He has medical exem

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  • Consent: SOCIAL EMOTIONAL DISABILITY, PARENT REVOKES CONSENT

    12/03/2016

    Karen:  What rights does a school district have when a parent revokes consent for special education and the child has a history of violent and unsafe behavior. An out of district placement is reco

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  • English Language Learners (ELL): CASELAW CONCERNING ELL STUDENTS

    12/02/2016

    Burnette: I am looking for cases to review concerning ELL s

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  • Absences: MAKE UP WORK

    12/02/2016

    Tiffany:  My son is 18 and in his senior year of high school. He has an IEP for EBD and is LD in math. He was in an accident and missed 11 days of school under a doctors care. He will be unable to finish his semester course work in time due to the 11 days he missed. He does receive educational services during the day. His school has recently let me know they will extend his semester so he came finish. My issue is that the extension that has been offered is over his Christmas break. Can the school legally require my son to use his holiday to complete his course work, especially when he receives s

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  • Elective Courses: SCHOOL MANDATING LOSS OF ELECTIVE CHOICES FOR A KID WITH IEP

    12/02/2016

    Bev:  My daughter attended public schools in elementary and part-way through middle school. She wanted to try homeschooling this past year, but wants to return to public school when she is to enter high school next fall. She is interested in a special career-focused magnet program offered by the public schools at a special voc-tech center, which would require the use of 2 elective periods each day. I made a general inquiry today of a guidance counselor at one of the high schools she might attend (we would have to provide transportation from the high school to the special voc-tech program off campus) to make sure we could work this out. I already knew that because her IEP is for an SLD in one of the core subjects, she would need to take both the grade-level course in the subject area, plus

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  • Transition: TRANSITION FROM ELEMENTARY TO HIGH SCHOOL

    12/01/2016

    Judy:  My daughter w/ Downs Syndrome will be graduating from the 8th grade in 2 years- I really don't want to enroll her in one of the local high schools. Is it possible for an elementary school to provide her services for high

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  • Parent Rights: ARD MEETING HELD WITHOUT PARENTS, IEP CHANGED & IMPLEMENTED W/O CONSENT

    12/01/2016

    Julie:  We received written notice of the schools intention to hold an ARD meeting for my daughters IEP. Neither my husband nor I were available on that date at the stated time. I requested in writing a different time for that day or any other day that same week or the following week. The special education coordinator responded saying that my daughters plan expired thus the meeting had to happen prior to that date. I reiterated our flexibility for any other time and asked why the plan expired, since we had written her most current plan only 6 months ago. It should be good through May 2017, I stated in my written message. I received no answer to my question about the expiration, however, the special-education Coordinator sent over a number of other dates into mid January. I responded with the specific

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  • Grades: MODIFIED GRADE FOR SEVERELY DISABLED KIDS. IS THIS LEGAL?

    12/01/2016

    Mike:  Severely disabled students who are cognitively from 6 months to 2 years old have been placed in my middle school computer classroom for “mainstreaming.” Many are more like 6 months to 1 year old, cognitively. Most do not speak. Some do not move. They don’t read or write. They cannot type. I have been told I can basically ignore the legal curriculum and base their “modified”grades in computers strictly on IEP goals, such as “student attempts task, remains calm during instructions, directs gaze.” In other words, they don’t have to do anything on the computer. The district special ed department tells me that the state of California would consider this a “modification” of the computer curriculum, even though they are throwing out the curriculum (Microsoft Excel, typing, etc.) completely. They directed me to the following website for proof that this is

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  • Response to Intervention (RTI): CAN A CHILD WHO HAS A AN IEP BE DENIED RTI TIME

    12/01/2016

    Maureen:  My son's class is scheduled for RTI daily for 30 min. But he is denied this time because they recently changed his 30 min. Resource room accommodation on his IEP to this time. This does not seem appropriate that all children, are receiving this time to obtain additional help and guidance, whether they are struggling or not, yet my son is denied it. It was my understanding that an IEP did not take the place of general education but was in addition to gen Ed. Can someone

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  • Native American: ETHNICITY AND IEPS

    12/01/2016

    Robin:  Does Ethnicity play a part in what can/cannot be done to a child through the school system? My child is half native American and I was wondering if I should try to enlist the tribe as an a

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  • Complaints: LEGALLY BLIND STUDENT DENIED VISION SVCS 7 YRS, PLACED IN EBD

    11/30/2016

    Bwright: Just found out my child was not receiving vision svcs in school 7 years. misdiagnosed autistic now requesting ebd placement. removed and student go to boarding school for deaf and blind but current school board wont admit to lies and disability discrimination. I've filed complaint with ocr. State complaint. And mediation request. No avail as

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  • Medication: DOES IEP FOR ADD/ADHD REQUIRE MEDICATION FOR A CHILD?

    11/30/2016

    Pamela: I have proof my daughter has ADD/ADHD and her teacher told me since I don't have her on medication she doesn't have it. What can I do? I am requesting an IEP meeting

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  • Private Schools: SPECIAL EDUCATION EVALUATION IN A PAROCHIAL SCHOOL

    11/30/2016

    Jamie: I am the resource teacher at a private school. As part of my job, I work on referrals for any student that we may believe may need a special ed evaluation. We are talking maybe 2 children a year. Our LEA always denies the initial evaluation, stating because they make small gains in RTI the eval is not warranted etc. however sometimes the whole picture of the child is not considered. Can anyone give a list of the reasons a LEA can deny an initial evaluation for a student in a private school? Th

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  • General Ed: WHAT IS CONSIDERED A GENERAL EDUCATION CLASSROOM?

    11/30/2016

    Erin: Is a general education classroom still considered to be GE if 50% classroom on

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  • Transportation: PICK-UP/DROP-OFF LOCATION IS 2 MILES FROM HOME

    11/30/2016

    Heidi: My son is developmentally disabled and in Special Education Classes at his assigned middle school in California. He has a document intellectual/cognitive disability (Cornelia de Lange) and behaviors similar to autism. He has transportation in his IEP but the district says they do not provide transportation to/from our door. The pick-up/drop-off location is 1.9 miles from our home - an unsafe distance for him to walk home alone, through a very busy intersection and through a freeway onramp/offramp intersection. We cannot pick him up from the bus stop because we both work full time. Does the district have to provide transportation to our door if the designated location is too far from home for him to access it

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  • Placement: DUAL ENROLLMENT (IN PUBLIC AND PRIVATE SCHOOL) IN ILLINOIS

    11/30/2016

    Nancy: Hello, This year we have chosen Dual Enrollment where my 5th grader with Down Syndrome attends public school and receives full services and instruction in the morning and we work with a private school in the afternoon at home on reading, math and sensory diet. He is in a self-contained classroom. The school district has been very supportive. I don't know where to find out more information about this so I am ensuring all bases are covered in the IEP, especially if I decided to fully enroll him next year. We are taking it one year at a time. He is making huge gains in reading, auditory processing and math at home. I don't know what I should be asking and have been unable to get in touch with someone from the ISBE. Th

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  • Placement: PLACEMENT CHANGE DUE TO BEHAVIOR ISSUES

    11/30/2016

    David: If a student has an IEP with a ruling of OHI-ADHD and has become a behavior problem in the regular classroom, is it ok to move him from the reg ed setting and placed into a room that contains resourced & self-contained students? Academically he has difficulty in any area that requires much reading, but does well in math calculations. This movement has been due to his distractive behavior in the reg ed setting.

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  • FAPE: SENDING A THIRD GRADE STUDENT OUT OF CLASS DAILY

    11/29/2016

    Virginia:  Son is in third grade and being sent daily to a room to sit/babysit another student in first grade who is in a leg cast, during the other child's recess.  Parents were not contacted. Teacher is calling this a movement break for the third grader who has as

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  • Early Intervention: CHANGE SPECIAL ED TEACHER

    11/29/2016

    Jenn:  My daughter is currently receiving sped through EI. She is not hitting it off with the teacher.  I would like to request a new one.  Does she have to be with the same agency as the speech teacher? Also, how do I get an a

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  • Bullying: DISABILITY BULLYING AND CONFIDENTIALITY

    11/29/2016

    Katy:  My 14 year old son with autism was bullied at school. When I asked the school how they handled it, they cited they were unable to tell me because of student confidentiality. Does the confidentiality law trump my right to know? Is there a law I can refer

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  • Homebound Instruction: TEMPORARY HOMEBOUND PLAN FOR CHILD WITH SEIZURES

    11/29/2016

    Eva:  Has anyone ever tried to implement a temporary homebound plan for a child with a severe medical disability and both, an IEP and Health Plan in place? Where would be the appropriate place to start? Child suffers from severe epileptic seizures and frequently misses class. School has referred mom to truancy despite documentation from doctors and other healthcare profes

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  • Graduation: HELP! MY CHILD ISN’T GOING TO GRADUATE

    11/29/2016

    Teri:  my son is a senior in high school, with adhd and dyslexia and has had an IEP since 3rd grade. the district is now saying he will not graduate. is there anything I can do so he can graduate

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  • Speech: 1 to 1 ACCOMMODATION DENIED

    11/29/2016

    Johnsa:  my child has unintelligible speech but catches on quickly to sign and makes up his own gestures. he understand most of what is said to him, but others can not understand him and he needs 1:1 interpretation of class instruction. I've requested he be assigned a sign language assistant to be with him through out the day. Can this legally be denied? after 2 years I still do not have an articulation device for the home to help explain his scho

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  • Evaluations: SCHOOL REFUSES TO EVALUATE CHILD PERFORMING BELOW GRADE LEVEL

    11/28/2016

    Jennifer:  My 2nd grader is not completing homework, classroom assignments on time and has trouble even starting them. At his teacher conference, she showed me work samples, and said he is at or well above grade level on everything else, but is writing 2.5 years below grade level. He has been in Cognitive Behavioral Therapy for a year, with no improvement in executive functioning behavior. I requested an evaluation to move forward with an IEP. He has a 504 Plan now for a rare genetic condition which causes him to overheat--all accommodations are related to his physical health and safety. ADHD, anxiety, and Autism Spectrum Disorders are conditions known to accompany his disability, but we are only 2/3 the way through a 2-year-waiting list for a full evaluation with a psychiatrist. I would like the school to assess him for dysgraphia and

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  • Resolution Agreement: OCR RESTRAINT COMPLAINT RESOLUTION, WHO PROVIDES COMP ED?

    11/28/2016

    Valerie:  Our son was restrained at Wake county public school system. Re-filed a complaint with OCR on May 2015 and we received the resolution agreement yesterday. We have since moved out of the Wake County public school system and now live in Broward county. What does that mean for our son when OCR says that Wake County is to provide our son with compensatory and or remedial education. Now that we do not live in tha

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  • Expulsion: ADHD, DYSGRAPHIA STUDENT FOUND NOT TO BE PROTECTED UNDER IEP

    11/28/2016

    Marianne:  In 2nd grade, we had ADHD testing and medication and school plan. In 5th grade, dysgraphia, IEP created. ADHD is included with 90% accommodations for ADHD. In 12th grade, MDF hearing says they don't recognize ADHD as part of his disability as its not part of his eligibility. The allegations surrounding expulsion are disputed. School won't hear our testimony or witness of events. School won't hear dr's advice or letters. School would not give us an appeal to suspension/expulsion and gave no paperwork of allegations. What ca

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  • Behavior: 6 YEAR OLD HAS NO WHERE TO GO TO SCHOOL, NEEDS FULL TIME EDUCATION

    11/25/2016

    Tee: My son has been having some behavioral issues, he is 6. These behaviors are only occurring at school. the school is refusing to educate him and wants to provide only 2hrs of instruction for him at the end of the school day from 3-5. He is currently being tutored in the school from 9-11am, and there is no issues thus far. he's been evaluated, diagnosed with intermittent explosive disorder recommending a 504 be done to provide assistance while in school. However, the school provided a report and the dr. changed the diagnosis to ADHD among other things. The principal has been allowing staff to record my son during his meltdowns on a couple of occasions and the unprofessionalism goes on. She has meetings and makes decisions without me being there, then calls me to tell me what they are going to

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  • EVALUATORS: WHO PERFORMS A READING COMPREHENSION EVALUATION?

    11/23/2016

    Will:  I have a question regarding reading comprehension. Who performs these types of evaluations? One local district uses Reading specialists to perform these test to determine reading level, comprehension level etc. Our current district insists that only a school psychologist can perform this test. IS this correct? if not, what wording or how do I request a Reading Comprehension Evaluation and what ever else ties in with it from the district. We have been battling them for over 18

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  • Due Process: REVERSE DUE PROCESS REQUEST

    11/23/2016

    Candice:  The school district filed for a due process hearing once my lawyer withdrew from our case. May I use that as unfair advantage and not acting in good faith? I have a resolution hearing coming up in two weeks and a mediation in about 6

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  • Confidentiality: CONFIDENTIALITY OF SEXUAL HISTORY INFORMATION

    11/23/2016

    Candice:  Information regarding my daughters sexual history has been redacted from documents provided to the attorneys and school personnel. The school filed a due process request and insists on receiving unredacted copies of all her records. Does she have a right to keep this information

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  • Section 504: CAN SCHOOL DOCTOR INSIST ON CONVERSATION WITH PRIVATE PEDIATRICIAN OUTSIDE OF 504 PLANNING MTG?

    11/22/2016

    Lisa:  Child is diagnosed with IBS. All medical diagnosis and signed documentation paperwork from pediatrician submitted to school. Despite this, is school now allowed to insist that the school doctor speak directly w/ the pediatrician? Pediatrician is questioning need for it, among many reasons, for confidentiality issues. Concerned the school is "fishing" for a reason to reject the request by insisting that their doctor speak to the pediatrician, outside the normal 504 meeting process where all parties can be a part of the conversation. Is school allowed to insist on such a conve

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  • Functional Behavior Assessment (FBA): DO PARENTS HAVE TO BE NOTIFIED WHEN FBA HAS BEEN COMPLETED?

    11/22/2016

    Lora:  Is the school legally obligated to notify parents when an FBA has been completed? Does the Behavior Intervention Plan need to be apart of the IEP and do parents have a legal right to be notified that this has o

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  • Eligibility: IS THE SCHOOL REQUIRED TO INITIATE AN IEP?

    11/22/2016

    Rachel:  I must be the most ill informed parent ever, because I had never heard of an IEP until my 3yro started speech therapy. This is about my 14 year old son. He was diagnosed ADD/ADHD ODD in the second grade after the school suggested I have him looked at for behavioral issues. He was 7 at the time we received his diagnosis and I shared with the school. Every year since at the beginning of each year I fill out the forms that give a medical history and each year it states traumatic brain injury, ADD/ADHD, and a bee allergy. I keep meds at the school incase we miss a dose and I speak to each teacher at the beginning of the year and tell him he has ADD/ADHD, and again we talk about it at parent teacher conferences. Every year

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  • IEP Meeting: IEP MEETING NOT PROGRESSING

    11/21/2016

    John:  Unable to get IEP meeting completed because of someone on IEP team is always unavailable. Now ex-wife or her attorney is always not available on previously agreed meeting dates. This has gone on for several months now. What is the s

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  • Accommodations: ACCEPTABLE TO LIST ACCOMMODATIONS ON REPORT CARDS?

    11/21/2016

    Juliann:  Is it acceptable to list on a child's report card that accommodations are made on assignments and tests for a student with

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  • Restraint: WHAT LAW PROTECTS BY SON FROM BEING RESTRAINED?

    11/21/2016

    Mary:  My son had to be restrained in the classroom. I would like to know what are his rights & law that protects my son from being restrained? Also, the teacher did not send home an incident report, and should I go to the police department to report this incident, so they could keep it in a file to be doc

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  • Progress: LACK OF ATTENDANCE & GOAL PROGRESS REPORTING

    11/21/2016

    Lonna:  I have a student that has only been present 9 out of 20 days this quarter. I have an IEP meeting on Monday morning. He has not been present for any data collection, I have been working with him on his goal but not collecting data. What recourse do I have if parents sue? I feel I can't collect data if he is not in att

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  • FAPE: NOT FREE – FREE, APPROPRIATE, EDUCATION

    11/21/2016

    Janice:  My son has autism and cognitive delay as a diagnosis. It has been determined he needs life skills, social skills and job training. When he goes into the community to participate in these activities to support his IEP Goals, I am charged 5-8 dollars everytime. On one occasion I taught him how to use a coupon to get a lower price at a restaurant and sent money accordingly. Instead of him getting the hamburger on sale, the staff ordered him a hot dog for the cheaper amount I had sent. Is thi

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  • Functional Behavior Assessments (FBS): NEED FBA AND PSYCHOLOGICAL TESTING

    11/18/2016

    Oliver:  My grandson has been a special ed. student since 1st grade. Self contained classroom beginning in 1st grade through 3rd grade. He is now years old and in 10th grade. Four psychiatric hospital admissions...the last when he was 13 years old. I am trying to get his school to do a Full Behavioral Analysis and and age-appropriate psychological/cognitive testing for the purpose of developing a sensible guide for use in his current IEP/BIP ! No FBA or psychological testing has been done since First Grade, for this struggling child. He is in his second year in this school...not in the district that did the original SPED classification work w

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  • Homebound Instruction: SPED STUDENT HOMEBOUND DUE TO DEPRESSION NEEDS REDUCED WORKLOAD

    11/18/2016

    Sue:  9th grade OHI student with ADHD and Dysgraphia is now homebound for the remainder of the school year (physician's written request) due to severe depression. The doctor stated to the school in writing that the student MUST have a reduced workload - but the school is refusing to do this. What can/should be done to make sure that this happens?

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  • Suspensions: ADHD AND BEHAVIOR PROBLEM

    11/18/2016

    Rita:  My son is a 11 yrs old he have ADHD and behavior problem he is on IEP but the school keeps suspending him. every week the school sends him home for two days. The school can do that

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  • Retaliation: 20 DAY REMOVAL FROM NPS DUE TO PARENT ADVOCATING FOR COMPLIANCE

    11/18/2016

    Jennifer:  Non public school kicked out my daughter her senior year due to my advocating for compliance of current IEP. I started asking for 1:1 aide, since they were not in compliance with escorting or having eyes on my daughter at ALL times. (She faints and goes into Anaphylactic without much warning when she does...) They try to rush an IEP and act like my daughter needs mental evaluation or they will not consider a 1:1. I said, you are not in compliance with current IEP which is same as last year, but this year--all of a sudden you cannot do it. Now you are giving her a 20 day removal letter on the same day I was emailed IEP finally. Laywers don't want to touch our case, because of the 20 day removal letter from NPS. Although $10,000 up front for

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