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

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Current Topics & Questions

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  • Self-Advocacy: LEGAL RIGHTS OF CHILD 16-17 YRS OLD

    Olivia:  I was curious if the child has the legal right to know if they are mentally retarded or have a terminal illness, if they’re parents dont agree to them knowing. Do doctors legally have to provide this information for the child of ag

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  • Modifications: MODIFYING THE CURRICULUM FOR ALL STUDENTS

    Phil:  I would like to know if it is legal for a regular education teacher to modify the curriculum for a struggling student who is not on

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  • Parent Rights: PARENT’S RIGHT TO SEE FINAL EXAM

    Dale:  Do our children (and parents) have the right to look at any final examination taken by our children? Unfortunately, a teacher refuses to allow anyone to see the graded final with the response they use the same examination each school year. Is there a law that allows students/parents to see final examinations, especially when all other examinations, quizzes, etc. are returned to students. I appreciate anyone’s assistance with this q

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  • Transfers: PRIVATE TO PUBLIC SCHOOL TRANSFER OF IEP

    Jan:  If a child has attended a private school for children with special needs, has an FIE and IEP with inclusion support does the school district he is transferring into have to accept this information and match services during the transfer

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  • Tests and Assessments: NEED ASSESSMENT – IN HI

    Brandy:  I got approval for a reassessment of my son. He has ADHD and dyslexia I think. Can anyone recommend a good person in Hawaii to do this ass

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  • Evaluations: TIMELINE FOR DISTRICT RESPONSE TO REQUEST FOR FURTHER EVALUATION

    Fiona:  As parents we wrote to school asking for further formal testing on Nov 3, 2015 after testing at our expense revealed moderate dyslexia for our 10yo who was struggling at school. We have heard nothing, and its now Jan 3 2016. Both older 2 kids have dx processing disorders and one also has ADD. He had to fail completely before we got help offered in form of 504. We are basically being told the same thing for our youngest. If we write and request testing doesn’t the school(district) have to test?We are being told that the 504 is ONLY for the teacher to make classroom accomm which state in the 504, that accommodations happen only at the discretion of the teacher,not consistently.Does the school have further time avail to them? Am I off base? In the 504 mtg I was told

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  • Interpreters: INTERPRETER OR NOT?

    Laurie:  My 5th grader has an interpreter which is required per the IEP and this person is planning to be out for at least 4 days. Is the school required to provide a substitute interpreter during this

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  • Teacher Issues: CAN TEACHER MOVE MY SON FROM HER CLASS?

    Stacy:  My son’s teacher wants to move him from her class without my permission. I have stated that she is not to move him until I say so and she said it wasn’t my decision and she was moving him without my consent. He currently has an IEP in place and we are scheduled to meet in a week. Can she legally

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  • IEPs: RULE FOR EXTENDING IEP WHILE 3 YEAR EVALS ARE COMPLETED

    Cheryl:  How do we extend an IEP for a student whose parent has not signed a consent form for a three-year reevaluation in a timely fashion. We sent the consent out to parent in time for testing to be done. Parent returns it 4 weeks later, and now the IEP is about to expire. We need another 45 days for testing to be completed. What’s the way to handle this? Is there a rule or form abo

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  • Behavior: CONDUCT VIOLATION IN PRIVATE PLACEMENT

    Raborn:  Does SPED private day placement have ability to withhold senior student’s official transcript for conduct violation that occurred during school year? (Student broke school van window, school requested money be paid to school for property destruction, but there was no police or court involvement, no court order requiring restitution/compensation be paid to school by

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  • Teacher Issues: WHO CAN LEGALLY TEACH HIGH SCHOOL CI CLASS WHEN TEACHER ON INDEFINITE LEAVE?

    Karla:  Our daughters teacher is on an indefinite leave. Currently, teacher interim is a certified elementary Ed teacher and ” in the process of entering the special Ed program” at a university. Is this legal? We are in Michigan. Th

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  • Services: IEP MINUTES

    Shirley:  If a student has 150mpw for independent functioning and the same student 150mpw for math can I work on the independent functioning minutes while I am providing providing the math minutes? Please reply as soon as possible. T

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  • Graduation: OPTIONS FOR GRADUATING WITH CLASS

    Janet:  My daughter would like to do a 5th year but it is very important for her to walk with her graduating class. she has IEP, for LD,DYSLEXIA,Anixety. any idea to convince the school board to allow this,she could have all her credits but holding back due to state law to be able to do 5 years to finish vocational school Thank

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  • FAPE: SCHOOL OFFERS PROGRAM BEFORE REGULAR SCHOOL HOURS

    Katie:  LEA failed to identify dyslexia & AD/HD until fifth grade. Student received pull-out interventions in core areas from 1st-5th and parent child find failed. LEA is requesting MTA program for student before school hours due to demand and full classes. Parent feels obligated, but LEA should meet needs during reg schoo

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  • Modifications: STUDY GUIDES FOR TESTS, MODIFICATION OR CHEATING

    Scott:  is it ever ok for a sped teacher to allow students to use study guide to cheat on test? Why would a sped teacher need answer keys if they don’t grade the test of regular Ed t

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  • Behavior: DANGEROUS STUDENT

    Tracy:  There is a student in first grade that is dangerous to himself and others. The teacher and other students in class, and other first grade classrooms have been hurt. The class has had to make quick emergency exits from classroom for safety reasons. The student does get assistance from another teacher for about 1 hour a day, unless there is testing or something that prevents the other teacher from coming in the classroom. What can be done to make sure my child is safe in this classroom? May I request my child be moved from that classroom? I really like the teacher, but she cannot protect all the s

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  • FAPE: NEED TIER III INTERVENTION, MATERIALS ARE NOT AVAILABLE

    Jessica:  Need established for tier 111 intervention, but the district curriculum director says materials are not available. She also says there is no timeline on getting materials for tier III curriculum. He is a 4th grader with dyslexia, dysgraphia and dysnomia. I know there are laws against this but I CANNOT FIND THEM! I have an appt with the school board and need something to cite! Plea

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  • Accommodations: 504 ACCOMMODATION

    Julie: Help me to understand that in a Section 504 plan, how is having a student placed in a co-taught classroom as an accommodation a service driven by an IEP goal. This service has been provided to the student with an IEP, now moving forward the district is fighting it

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  • Placement: CHANGE OF PLACEMENT DUE TO PSYCH HOSPITALIZATIONS – OHIO

    Mary Jo:  The school is writing first IEP for 12-yr old student. School wants to include change of placement in this initial IEP – to a school in a different district. Is the decision made by majority vote if the parents do not agree with this? Student has had recent psych hospitalizations but has never presented a behavioral problem or reason to discipline at school. I read somewhere that for implementation of placement change in initial IEP, parents mus

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  • Behavior: VIOLENT BEHAVIOR

    richard:  when an EC child bites, kicks, scratches, gouges with fingernails, what rights does our child have vs the rights of the offending child? what role in the school hierarchy would be responsible for observing violent behavior and recommending a course of action for that child and for that cl

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  • Services / Terminating: IEP REFUSAL – Ohio

    Shannon:  my son had an IEP for the last 2 years. They terminated it in may stating he didnt need it bc he was doing so well. They knew I was sending him to a private school and didnt tell me that there is no IEP available there. in aug i got nervous about losing the iep..i contacted the Spec. Ed. Dir. and asked to get son placed back on it, he said that was not possible. A month later the school kicked him out. i have been begging to get him back on an iep and i am getting met with extreme resistance. Now my son started the public school in a general Kinder class and he was asked to leave on his second day. They keep telling me they need to follow the system and that they need more documentation.

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  • Re-Evaluations: REFUSE TESTING OR LABEL

    Jessica:  My child is 7 and still has the DD label. We are up for re-evaluation (in Virginia). She has come so far in the last 2 years but clearly needs continued services and everyone agrees. However, we have had battles with (not great) teachers about her placement who have tried to use the indication of an intellectual disability and the fact that our school has an ID program as a reason to place her in that classroom. I am terrified for the re-evaluation that she will get the ID label and people will, incorrectly, view it as a reason to underestimate her abilities and to then have low expectations for her. Should I refuse the IQ test? Can we refuse the ID label if it is a

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  • Teacher Issues: WRITING IEPS FOR KIDS I DON’T TEACH

    Kathleen:  My school has not hired a permanent second grade Special Education teacher for the 2015-16. The eight special education students in second grade have a long term substitute teacher (who is not certified as a teacher). I have been asked to write the IEP for one of the student’s who’s IEP is currently up for review. I don’t provided any instructions to either of the students so all their data comes from the regular education teacher and long term substitute special education teacher. As a certified teacher, I don’t feel comfortable signing off on an IEP in which I provided no academic instruction for a student. What are my

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  • Transportation: BUS DROP OFF RESPONSIBILITIES

    May:  My son (18) is still in HS as a post grad. Recently, bus is dropping him off at home and immediately driving off whether or not our garage is open. Transportation and IEP Team say that he is either fully independent and they are allowed to drop him off and leave immediately, or someone always needs to meet him at the bus. We will not always be available to meet the bus. He can use a code to enter, if garage is closed, and then call me. The wait will be less than 30 sec. What responsibility for safety does the school district have while transporting a student with special needs? What to include

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  • Reading: HOW DO I GET WILSON FOR MY DYSLEXIC CHILD WITH AN IEP

    Hollie:  My son is diagnosed dyslexic 4th grade student with dysgraphia reading on a 2nd grade level with 5% word decoding skills. He had Fundations for a year and improved an entire deviation. They changed to System 44 which I proved is not an appropriate reading placement because it is not an independent research based program and not accepted by Clearinghouse. They are changing him to Corrective Reading which I am concerned will not help because it is not OG based. Everyone, including the reading specialist for the district, says he needs Wilson, as it has proven that multi-sensory approach works for him. School WILL NOT provide Wilson as he says his needs are not great

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  • Documentation: FOIA REQUESTS FOR SCHOOL COMMUNICATION

    Cory:  We are beginning the appeals process again. Am I entitled to written communications between school officials on my daughter’s issue? Realizing laws will vary from state to state but I imagine that there are state/county equivalents of freedom of information act

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  • Services: SCHOOL SAYS NO MONEY FOR SERVICES ON IEP

    Julie: My son is in 7th grade. His IEP says that he would benefit from being placed at an instructional level of 4th grade in the area of math. He was actually placed in the 7th grade resource room and learning 7th grade math. He was then put in the 6th grade resource room, at the 6th grade level. It is still too hard! He as a huge gap of missing skills. They say they can’t do a pullout because there is no money. How do I get them to follow t

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  • Section 504: SCHOOL SAID “MUST FAIL” TO GET 504 PLAN

    Ann:  My 8th grade daughter has been diagnosed with PTSD. I had wanted to request a 504 plan for her since she is having trouble concentrating but was informed by the district coordinator that the committee needed evidence that she was functioning below grade level or failing her classes. She is in advanced classes so she is not functioning below grade level. She got 2 c’s for the first marking period. I want her to feel comfortable in school and have the opportunity to meet her potential. Is the district acting in accordance with the ADA? If not, what document could I refer the coordinator to so that my daughter would be considered for a 5

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  • LRE: FINING SCHOOLS FOR NON-COMPLIANCE WITH LRE MANDATE

    Irene:  Is it legal for states to mandate the percentage of students with an LRE of 50 and to make school districts pay if they have too high of a percentage in another LRE category. My friend told me her school is getting fined 90,000 because they have too many students with an LR

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  • Placement: FORCED PLACEMENT WITHOUT FBA OR ATTEMPTED SUPPORTS

    Kathleen:  My son has ADHD, ASD, DMDD, ODD, HCD and a Mood Disorder NOS. His behaviors at school have become manic at times. I have requested a one on one para and have gotten no where. He has been suspended 4 times for 3 days each. They moved his class and implemented consequence system as part of a BIP with no FBA. His ABA therapist goes there as much as possible but thats about to end. They are now trying to force me to consent to placement in a highly restrictive center that I have visited and do not like. His behaviors at school are symptoms of multiples of his diagnosis. Can they force a change in placement without a Manifestation Hearing? Can I request this hearing? What shoul

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