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

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Current Topics & Questions

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  • Evaluations: INITIAL EVALUATION AND 18 YR OLD STUDENT RIGHTS

    Patrick:  Question from the school end: We have an 18 year old student in our district whose separated parents have joint custody. Student was declassified several years ago (It was at least two years ago, and my understanding is both parties consented), but one parent has recently requested an initial evaluation. As an 18 year old general education student, is the student able to refuse either testing or the evaluation in its entirety (Colorado age of majority is 18)? I’m not really hoping for one particular outcome, I just want to make sure the student’s rights are

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  • Absences: WHAT IS THE NUMBER FOR EXCESSIVE ABSENCES?

    Jenn:  Can someone define what it means by “excessive absences?” Is there a magic

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  • IEP Meeting: WHAT TO DO IF PARENTS DO NOT COME?

    Lisa: In my district when a parent does not come to an IEP meeting, it is common practice to have all members sign as participants and then "document" this attempt as IEP part 1. When asked about this process I was told "well it stops the 60 day timeline". I find this to be quite illegal....should the IEP team simply reschedule, notify the family of new dates/times offered, and note in the file that the parents did not come to the first meeting sc

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  • Eligibility: NO LONGER QUALIFIES FOR IEP

    Dana:  Went to scheduled IEP meeting and told my child no longer qualifies and will be better off with RTI services. I did n

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  • Evaluations: CAN A PARENT REQUEST THE WISC?

    Carl:  Can a parent request the district to administer the wisc in the psy

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  • IEPs: NEED IEP FOR ORTHOPEDIC IMPAIRMENT, PRINCIPAL SAYS NO NEED

    Tiffany:  I have a 6 year old in kinder this year with a genetic bone disorder and has had over 20 fractures. Some bone issues are accommodated in a 504, but we need change to IEP to address: excessive absences due to medical appointments/fractures/pain, when/how to start homebound services if needed, homework / classwork expectations due to fatigue, possibly emotional support during fractures, PE issues, etc. She also has a diagnosis of severe ADHD addressed in 504 with preferential seating, repeated directions, minimize distractions etc. She is on track academically at the moment so the school said there is no academic need so she doesn't qualify for an IEP. I was told "Just because a student has an ailment does not necessarily mean that the student can be admitted to SPED, there has to be an educational need." Also told [copied exactly

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  • Parent Rights: CAN THE SCHOOL HAVE MEETING WITHOUT ME?

    Joyce:  If I miss a triennial component meeting, can the school have the meeting anyway without me present or are they supposed to reschedule? I sent response that I would be there, but had the dat

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  • Consent: WHAT IS ACHA CONSENT FORM?

    Hope:  Can you please explain IEP "Consent for Release of Information to the Agency for Health Care Administration"?  I keep asking but never get a real answer as to what we are signing. T

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  • Placement: STUDENT WITH BEHAVIORAL NOT LEARNING ISSUES?

    Tiffany:  I teach children with learning disabilities, low-average to borderline IQs, in a self contained setting. I am case manager for a student with OHI in a crisis situation because they stripped him of his meds after he overdosed. This student has been serviced in the regular classroom, initially with a behavior plan that we've been able to move away from. Our coordinator wants to dump him into my classroom. He does not have a learning disability. This is not the least restrictive environment for him because I cannot support his learning when he's grouped with kids who require a modified curriculum that is well below his ability level. I have stated that the law says placement can't just be dumping him somewhere he doesn't belong. The law specifically states "common learning need" when considering placement in a special ed self-contained classroom. There

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  • Section 504: OLD ACCOMMODATIONS NOT ENOUGH?

    Christy:  My daughter has ADHD. A 504 plan was implemented at the end of her 4th grade year. She just transitioned to middle school and the accommodations she has are just not enough. I've had meetings with teacher and counselors and expressed frustration over her organizational skilled, not writing down homework, not being able to keep up for notes, not advising me of upcoming test, etc. Her psychiatrist has written a letter with a request for 4 additional accommodations for our upcoming meeting at the end of the month. Can a school deny what her psychiatrist has deemed is

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  • Mediation: FAPE AND MEDIATION?

    Tish:  While mediation agreements can not be used as "evidence", what if a parent signed something that was illegal. For example - agree to take a child off an active IEP by agreeing to do another ETR and say the child is not eligible-though the child was- just as a way to move the child from an IEP to a 504. Parent attorney (unbeknownst to them at the time) had a undisclosed conflict of interest with the school attorney.  It seems they worked together to keep the parents in the dark about the legal way [a parental refusal, which would have allowed the parents to put the child back on the IEP if the school a.) the school did not do what they agreed- which occurred and b.) if the child displayed failure- which also occurred.]. How can the illegal act- falsification

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  • Transportation: TRANSPORTATION REIMBURSEMENT

    Janie:  I am the CASA Advocate for a child who is in permanent state custody. His foster parent was driving him 106 miles per day to a school that could accommodate his needs. DHS has said they would do what was necessary to provide this child with an education. Now they refused to pay the cost the foster parents incurred for 5 months. Is there any law that will force DHS to reimburse th

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  • Accommodations: EVIDENCE OF PROVISION OF ACCOMMODATIONS AND MODIFICATIONS

    Tim:  Do the regular education teachers have to provide evidence/documentation of accommodations/modifications for ESE students in their classroom in the stat

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  • Tests and Assessments: STARR TESTING AND RETENTION

    Michelle:  I am being told that my 5th grade daughter who is dyslexic and has a 504 has to take the Texas STARR test up to three times and then participate in summer school if she does not pass. I am against her taking the test more than once and against summer school. This seems punitive for her disability. They have also mentioned retention if we do not comply despite the fact she has As and Bs. I have been told I do not have the right as a parent to prevent her from testing or not participating in summer school. Any advice ou

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  • Preschool: LRE IN PRESCHOOL

    Victoria:  Our school has started a preschool classroom for children diagnosed with ASD and one for children with Behaviors. These students are placed in these two rooms away from their typical peers. Some of these students do well with learning from their typical peers. How do I advocate for them to be integrated back into their regular classrooms? (I’m a professional in the bu

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  • College / Continuing Ed: COLLEGE PROFESSORS SAYS I’M NOT DOING MY OWN WORK

    Donna:  I am a freshman student at a community college with asperger syndrome. I was confronted and questioned by my accounting professor that my project was good, “in fact too good”. He insinuated I must have had help from someone. Help is encouraged by way of a writing and math center. However he believed I received 80 percent help from someone else therefore he is telling me I must redo the project. I’m insulted by the assumption I could not be doing my own work. What shou

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  • Complaints: IEP TEAM WILL NOT LISTEN TO ME

    Ildiko:  The team would not listen to my suggestions, asked them to include them in IEP documents, they make note either twisting what I said or not writing it down. I have been writing letters, requests…requesting meetings until they hear me out…what

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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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