Community HELPline: Find Answers to Your Questions

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

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Current Topics & Questions

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  • Placement: IS A NEW ASSESSMENT NECESSARY FOR CHANGE OF PLACEMENT?

    Silvia:  When considering a change of placement for a student already in special education, are new assessments r

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  • Nursing Services: IS SCHOOL REQUIRED TO HAVE FULL TIME NURSE FOR CHILD WITH DIABETES?

    Marg: Her private school only has a nurse four days a week and no substitute if she is out a day. Is the school required to have a full time nurse to accommodate ''this child with juvenile d

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  • Visual Impairment: VISUAL IMPAIRMENT ELIGIBILITY

    Sharon:  When a student is suspected of having a visual impairment and has been referred for assessment is there a requirement for an eye examination by a qualified medical professional as a part of the process to determine elig

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  • Behavior: BAD BEHAVIOR IN CLASS

    Janice:  I have a child in my class who severley disrupts the whole class to the extent where it IS having a negative impact on the students who want to learn. This is a daily problem , the school seem unwilling to do anything constructive yet they know this is having a negative affect on the other students, what can i do, i want my students to learn and get the best education

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  • Services: CHANGING SERVICES WITHOUT AN ARD MEETING

    Mary:  Can a school change the structure of a classroom from a coteach to a regular ed without an ARD? I have a 13 year old who is in all co teach classes. My son is adopted and has Fetal Alcohol syndrome with many delays. He also has an auto immune disease that seems to be triggered by high stress. School is removing co teacher and my son will now be receiving his instruction from the reg ed teacher.  His ARD paperwork says that he will be in a coteach for this subject and that his grades and modifications will come from the coteacher. The District even outlines that coteach services are provided from bell to bell. I understand that they need to move the coteacher because he is needed elsewhere on campus, but shouldn't they put in a replacement coteacher? Is

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  • Honors / AP Classes: SCHOOL SAYS NO ACCOMMODATIONS IN HIGH SCHOOL FOR HONORS CLASSES

    Elizabeth:  Can a district remove accommodations from a student with a SLD when they are in honors classes? My Daughter has only been able to achieve honor roll since being diagnosed with an SLD 3 years ago. although suspected since K. We have now transitioned to high school and the guidance counselor told me that if she takes honor classes support wil

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  • IEP Revision: IEP MEETING TIMEFRAME

    Erin:  I live in North Carolina & I have requested an IEP meeting for my daughter, who is in 1st grade. I submitted a request to her teacher who replied several days later (including time over the weekend), saying that we could try for two months later, since her IEP is up for review until that time.  I have concerns that will also include my request to modify her IEP ASAP. What is the appropriate timeframe in NC from the time a parent requests a meeting until one

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  • Transportation: UNILATERAL DECISION – NO EC CHILDREN RECEIVE TRANSPORTATION

    Andrea:  I have combed through the law and cannot find anywhere where a loophole could possibly allow a school district to make a decision that all EC children do not get transportation even when the IEP team agrees on a placement. The district has determined that no preK student is eligible for transportation as a related service on their IEP unless they have a medical need or behavioral need that impacts the parent's ability to transport them. The justification for this decision is that no preK student would be equipped to make it back and forth to school on their own given their developmental stage. Is thi

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  • Goals: ADDING ACADEMIC GOALS TO A SPEECH IEP

    Lori:  Can academic goals for a student, far below grade level, be added to an existing speech IEP or does the full SPED assessment have to happen to add academi

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  • Paraprofessionals: SPED TEACHER NOT TEACHING CLASSES

    Karen: I have been a paraprofessional for 14 years. My job description has changed immensely the past 5 years. My para team has been scheduled to work with more students with modifications needing a certified special Ed teacher. this isn't the case anymore. IS this legal? Certified teachers are working with the students accommodated rather than the students requiring more educational teaching. Please HELP before

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  • Transfers: IEP IMPLEMENTATION (OR NOT) WHEN CHANGING ONLINE SCHOOLS

    John:  I have recently taken my child from one online school based learning to another online school based learning. My child has Autism and has an IEP that address his specific behavioral and academic needs. The current IEP is from the first online based school and the second online based school wants to change my son's IEP. However, since the transfer, the new school has not implemented any of my child's current IEP supports. Is this legal, ethical or otherwise? Can this school force us to make changes to an IEP that has worked for m

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  • Toileting: TOILETING NEEDS FOR FEMALE DS 1ST GRADE GIRL BY MALE AIDE

    RIcardo:  The district told us that they cannot discriminate on who they hire and such if they can only find a male aide, and if they cannot find a female staff to assist my daughter with her toileting needs, then a male could assist my daughter in the bathroom. I don't think this is acceptable at all. They also don't want to include toileting needs in the IEP. What legal arguments can be made for the requirement that only female staff can assist my 6 year old daughter DS with her toiletin

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  • Services: RESOURCE LESS THAN 20%

    Pat: Is the resource room <20% setting mean that the special education teacher goes into the general education classroom to help my child and only pull her a couple times of the week for "intervention"? I am told that the resource teacher is just reteaching what the teacher taught in the classroom. If the schedule for my child says 55 minutes daily for math and reading should the resource teacher be responsible for meeting her needs in a separate setting than the general education classroom.

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  • Placement: HIGH PERCENT OF SPED STUDENTS IN INDEPENDENT STUDY PROGRAM

    Mari:  My school district regularly places special education students in the alternative education independent study school. If the parents complain and threaten to pull their child, they offer it as an option. The I.S. teachers are not invited to the IEPs. Parents are completely surprised to find that our program is quite rigorous - as it must be by law. It's designed for older students who work or travel. Parents are responsible to make sure their child completes every assignment on time for the weekly appointment. Usually after their appointment, the sped student sees the resource teacher for 15 minutes. Typically, the student goes from 25 minutes per day of SAI to the measly 15 minutes a week. Shouldn't a different placement still provide the necessary support? Can this possibly be legal? Sometimes the parents pull their child from the classroom because

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  • Mediation: PERSONS PRESENT AT MEDIATIONS

    Mary: We have an attorney and an educational consultant. Attorney suggests educational consultant can not be called as expert witness in our case if we do not reach an adequate settlement agreement.  Is this

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  • Placement: SCHOOL SAYS CAN’T “DUAL ENROLL” STUDENT IN CI CLASS AND SOME INCLUSION IN GENERAL ED

    Tami:  My son has Agenesis of the Corpus Callosum, yet functions well (IQ of 73). His placement is in a high school classroom for students with cognitive impairments. He sees himself as not "being like them." He has a strong desire to learn about history. In previous years he has taken history classes in the general education setting with accommodations. During that semester he was also in two other resource classes and two classes within the CI classroom. Now the administration says that it's considered duel enrolled and that services cannot provided that way. They also stated that if he his not in the CI classroom more it can effect his social security and guardianship. Is any of this

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  • Accommodations on Tests: NON-STATE TEST ACCOMMODATIONS IN IEP DENIED BY PRINCIPAL

    Ms. Math: Hi! I'm a middle school math teacher. In a recent staff meeting, our Sp Ed director was reviewing what accommodations each of our students receive. One of our students has in her IEP that she may use notes on her math assessments. But, our director has decided that our interim assessments (once a quarter) are to be administered in the same manner as PARCC. If she can't use notes on PARCC, she can't use them on her math assessments as indicated by her IEP. I'm pretty upset because I feel like this is violating her IEP. I'm not sure I can go to our school director to point this out, and I'm trying to figure out what to do. Any sugg

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  • IEP Meeting: ATTENDEES AT THE IEP MEETING

    Tom:  Can a parent require (beside whom the law says must attend) require specific staff to attend an IEP meeting? Can a parent require the students entire teaching team to attend the IEP meeting during the sch

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  • Services: IEP DECIDES PRIVATE PLACEMENT, PRIVATE SCHOOL REFUSES TO PROVIDE SERVICES FOR A YEAR

    Jean Marie:  Parent referral to School District "A" early 8/16, IEP signed by late 8/16. Decision made to send child to private school in School District "B" early 9/16. School District "B" states child will not get services since referral was not made by their cut off date of June 2016. So any child who gets an IEP over the summer waits a full year to get services? Is this legal?  Thank you in

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  • Dyslexia: READING INSTRUCTION PREVENTS ATTENDANCE AT OTHER CLASSES

    Sara:  My child (6th grade) was diagnosed with Dyslexia last year. The school district is implementing Wilson Reading System to assist in helping our child re-learn reading strategies, but this instruction is done in place of "specials" such as foreign language, home economics and health class. Is it legal for a child to be pulled out of health education for special education s

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  • Classification: AT WHAT POINT IS STUDENT CLASSIFIED SPECIAL ED?

    I live in Michigan. At what point in the special education process is a general education student considered a special education student? During a recent overview of the psy-evaluation results (this was an initial) the parent left the meeting and refused to return. No, we didn't start the MET nor get to

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  • Goals: OUT OF COMPLIANCE WITH IEP

    TheaterMom: who do I go to when I know that IEP goals are NOT being met? Also is it legal to remove a autistic student out of their special class (art, library ) without observing that student ? Last year the that student was doing very well in those areas and I know that they are very capable in doi

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  • IEPs: IEP MEETING AND DOCUMENTED NEED FOR FUTURE SERVICES

    Mike:  My daughter is deaf and hears with a cochlear implant in one ear and a hearing aid in the other. In one month, she will be receiving her second cochlear implant. At our last IEP meeting, we asked to set up services for after her surgery as we know the need will change. This is also documented with letters from our doctors. We were told at the IEP meeting, they could not write any services in advance and we would have to "wait and see" what the need is after the surgery. Our daughter has been on an IEP for several years now and we have never experienced this. The school system is stating that this is the law, however have not been able to site a reference. My question to you is, is this a law that services cannot be

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  • Evaluations: SCHOOL PSYCHOLOGIST REFUSES TO EVALUATE IF PARENT REQUEST IS VERBAL NOT WRITTEN

    d:  A teacher informed the newly hired school psychologist (the third psychologist this year) that a parent verbally requested that their child be tested to see of the child still qualifies for special education. The previous school psychologists acted on verbal requests and sent the necessary documents to the parent for permission to test right away. The new school psychologist has stated multiple times that the parent has to place it in writing first, and is not responding to verbal requests. The parent is wondering why she hasn't received anything and is wondering why her child hasn't been tested yet. Can the school psychologist or any other district personnel ignore a verbal request from a parent, even if the parent doesn't place it in writing? I was under the impression that once a school district staff person has been approached by a

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  • Graduation: HEARING IMPAIRED SENIOR WON’T GRADUATE, CAN’T UNDERSTAND MATH TEACHER, IEP MEETING DIDN’T HELP

    Sheila:  My child is a 12 grade senior, passing all classes except math. He has a IEP, hearing impaired, severe anexity with emotional depression, suicide thought,s been bullied, called mute boy. He cannot understand the teacher. The school will not move him to another math teacher that he can understand. Last semester he passed with a different math teacher. He won't be able to graduate this year his senior year. School said sorry but that is the only teacher we have for your child. The school has told us he will not be able to participate in class graduating and will fail. He is 18 years old and will not attend next year ! Can you please, help me. IEP meeting didn't help. My child has gone threw school 12 years, passed all classes except one which is math, this teacher can't

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  • Visual Impairment: ADVOCACY AND SERVICES FOR VISUAL IMPAIRMENT

    Donna: My son has a visual impairment. What materials do you suggest I get to best advocate for him and receive the services he needs? Right now he is in a private school and receiving vision services only quarterly, no O&M, no braille though we have requested it and the district knows IDEA requires it. We are moving to a different state in June & will likely do another year of private preschool followed by public kindergarten. In the meantime, I am teaching him braille at home and already have the materials to do so. Interested mainly in better understanding the law and procedures to prevent this situation in the future. Any help is much appreciated. Th

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  • Goals: BEHAVIOR GOAL ONLY – CAN IT GO ON IEP OR ONLY 504 PLAN?

    Norine:  If there is just a behavior goal for a student, should that be on a 504 plan or can it go on

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  • Non-Verbal: SCHOOL HAS NON-VERBAL SON PLAY WITH DVD / IPAD FOR HOURS

    Carmen:  My son has numerous disabilities. He is non-verbal. He has a nurse that attends school with him. The nurse has been with my son for 2 1/2 years. My son's nurse reports that my son plays with DVD or IPad for hours a day. The school states he spends a total of 30 minutes a day. My son's behavior when he comes home from school indicates he has spent hours a day. When my son is over stimulated from such activities he looks "stoned". I am tired of the school lying to me about how my son is educated. So much more to this story and I do have an advocate but she was unsure of the answer. We live Virginia and are a one-consent state. This issue has been occurring for the last 3 years. Typically, I do not send

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  • Educational Records: HEAD ADMIN AT SCHOOL & SPED FAILED TO FOLLOW FERPA

    Erin:  Our school administrator and then the sped. director for the town did not provide us with our child's records (4 years of testing data we didn't even know they had) until 3 days before the PPT. They provided us with minimal records when we requested our child's record. We asked in writing 4 more times and both administrators said we had all the records the school maintained. 3 days before PPT we received an email that they 'happened upon' some math scores we had requested and attached a 26 page document with 109 scores from over the course of 4 years. How can they be held accountable for withholding this information for

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