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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  • Discipline: MELTDOWN ENDS WITH OSS

    Jessica:  I have a question for you. Benjamin has been doing amazing at his new school. Today was a first day where he had a melt down, a serious one. After taking his batman mask to school he wanted to wear it at times. So I allowed it while telling him he had to keep it off till he got home. He was told no and to put the mask away. He put it on a couple of time at school. The teacher had enough and took the mask away. Ben went into major melt down mode because taking something from him triggers it. They restrained him many times on and off. Then his dad was called. His dad went to the school. The asst principal gave him 1 day of OSS. Can they kick him out if a melt down is

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  • Teacher Issues: STAFFING SHORTAGES

    Kristen:  I am a teacher and I’m concerned because in my district special education classrooms are often under staffed due to staffing shortages. I teach in a self contained preschool classroom. Last year my para educator was out sick for many school days and I was on my own. I’ve expressed my concerns for student safety but my principal and our district is still under staffing us. Is there any law that addresses class size for students with special needs? Contractually, with our unions the ration is 2 adults for every 8 students wi

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  • Accommodations: RETAKING QUIZZES

    Lisa:  My daughter was told by her teacher that she cannot retake a Pop-Quiz. That is not allowed. I’m confused if she has accommodation for test and quizzes for retakes doesn’t that fall u

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  • IEP Meeting: CAN STUDENT REQUEST IEP MEETING

    Barb: Can a 14 year old student request IEP meetings? - I'm in W

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  • LRE: CHANGING TEACHERS

    Marrell:  Child in 7th grade with ADHD and other disabilities. Changed homeroom Special Ed teacher to Regular Ed teacher can they do this? In 6th grade he had Special Ed teacher for both mind you this is his Case Manager Special Ed teacher. Got very upset spoke to councelor was told he would try to get it changed back. My Son does not do well with sudden change one of his disabilities

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  • Behavior: STUDENT ALLOWED TO DO NOTHING AT SCHOOL

    Deborah:  We have an ED student with a “shadow” who is allowed to refuse to go to class and refuse to do work. He sits in the courtyard, on discipline benches, or wanders the halls daily with his “shadow” nearby prodding him to go to class. His parent tells him he has to go to school, but he doesn’t need to do work. The Behavior Health Counselors and Behavior Interventionist talk with him and walk with him, but cannot get him to attend class nor do work. Other students pick up on this and attempt to mimic this behavior. What are the legal implications of this for the school, teachers, parent, and student? He is intelligent but no work. Sugg

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  • Discrimination: VIOLATION OF CIVIL RIGHTS AT PAROCHIAL SCHOOL?

    BOW:  My student was disenrolled on registration day in August by her parochial school because of her language-based learning disability. We were told that the school was directed to do this by the Catholic Archdiocese in our community. Since that time, parents of students with dyslexia have been in touch to tell me that their students have been put on probation and that outside assessments were not allowed. I have also learned that the Catholic archdiocese is collecting Title 11 funds. Is there a possibility that it is in violation of the Civil Rig

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  • Privacy / Confidentiality: PEER GRADING

    Tina:  I understand that peer grading is not a FERPA violation, however, is peer grading of modified work a violation because the student is being forced to hand over her modified work for a peer to grade? This is “identifying” this student as having a disability and the details of her classroom modifications to her classmates. Also, what about a teacher placing modified work in a folder mounted on the door where any student may

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  • Present Levels: HEALTH PRESENT LEVELS FOR INITIALS/TRIENNIALS

    Dave:  When parents are sent and asked to fill out and return a detailed health history of the family and student (long form for initials) and a shorter health update (short form for triennials), who this information go to, who summarizes it, and who is legally qualified and eligible to enter this information/report into the Health section of the present

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  • IEP Meeting: STRANGE IEP MEETING

    Mike:  In M-Team about my autistic age 11 daughter in a CDC class. Im told my daughter has imaginaries telling her to do bad things & that she was hitting her head against the wall.As a teacher, I had daily notes describing her day put into her IEP which have been sporadic at best with no mention of these behaviors.A rec for 30 days of homebound, I disagree with this & want to know if I should ask for an IEE? Should I hire a lawyer? The teacher said I am not trained to handle her maybe she needs a new teacher & Im asking for help to which the D of Sped quickly said Yes you are you are selling yourself short & the teacher said . All which tells me they are not equipped to educate my d

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  • Medication: MANDATING MEDICATION

    Robert:  Can any private practice (ST, OT, PT, ABA, etc.) mandate any child be on medication before they are seen or to continue being seen if they do not need to be on medication and are able to regulate themselves despite the push to over prescribe medication to children by some medical professionals as studies show Cognitive Behavior Therapy is more effective than me

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  • Documentation: CAN I REQUEST WRITTEN DISTRICT POLICY?

    Mary:  My son has received ERMHS after school for over 4 years. District says policy is and always has been services are only during school hours. Asking for written Policies & Procedures showing this. Getting the run around. Am I allowed to view NPA contract signed by district to see if that’s i

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  • Section 504: I WAS NEVER TOLD THERE WAS SECTION 504

    Candi:  My son graduated Hartford last year. He was in Resource classes throughout school. They tested him like every three year but he stayed around the same level 6 grade or so. They never mentioned the term 504 plan. My coworker has a child that is in it in the Ft Smith area. That is how I became aware. My question is my son would like to take some college on mechanics. He’d also like to join the Army, but he cannot pass the ASVAB. He has a problem with comphrension and math and word synonyms. How would he go about getting help for scholarship and the right classes for learning disab

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  • PE / APE: SCHOOL THREATENING TO DISCONTINUE APE

    Rachel:  We live in CA, my son’s enrolled in a charter school–not brick&mortar–I teach him at home; he receives special ed services, and instructional funds–from which we purchase all school/instructional needs. PE for typical children must come from his/her instructional funds. Currently, APE is a part of the IEP, but school is now claiming OT can cover these goals, therefore providing APE is not necessary, and I must use his instructional funds instead. Can I stop this?

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  • Re-Evaluations: CAN PARENT REQUEST EXTENSION PAST RE-EVALUATION DEADLINE

    Pam:  Deadline for Eligibility Meeting is 10/31. School scheduled meeting for 10/26 and did not give 10 day notice. Testing not complete as of 10/21. Parents requested draft copies of reports in advance and school agreed. Parents have requested an extension past the 10/31 deadline so student will not be rushed to complete testing and draft reports can be reviewed prior to meeting. School said it cannot extend past 10/31. Can parent request be honored considering the school is no

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  • Private Placement: PRIVATE SCHOOL WITHHOLDING IEP PAPERWORK FROM TEACHERS

    G:  Several children in a private school have IEPs fulfilled by the local public school district. The private school’s administration has the IEP paperwork on file, and refuses to share the paperwork with the children’s teachers. Assuming that the IEP is relevant to teacher’s classroom, is the school legally entitled to withhold the IEP pa

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  • Occupational Therapy (OT): OT SERVICES

    Rachael:  If a school says they don’t have a speech therapist or an OT that comes out to the school can they insist services be accessed outside of school but during the school day- regardless of whether parents agree to transport with reimbursement or the school transports? Or must they provide these related services at the scho

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  • Dyslexia: WHAT ARE MY RIGHTS FOR FURTHER TESTING FOR DYSLEXIA?

    Nikki:  My kinder son was tested for LD last year and contrary to being in the “normal” range, myself(teacher), his teacher and psychologist all know there is something wrong. He cannot retain alphabet names or sounds and cannot read after 2yrs preschool, kinder and extra tutoring. What are my rights and abilities to have him further tested for dyslexia through

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  • Transition: TRANSITION IEP FOR PRESCHOOL TO KINDERGARTEN

    LindaN:  In Illinois, is the public school suppose to hold a transition IEP meeting for children with an IEP going from a public school preschool to a public school kinde

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  • Complaints: PROTECTIONS IN COMPLAINT CASE FOR SUBSTITUTE TEACHER

    Andrea:  Substitute teacher placed on a long-term assignment in a classroom with a current litigious case. I feel my presence in the classroom puts me at risk legally. If the parents add my name to their complaint to the Dept of Ed, what protections do I have? I am employed through an educational staffing agency, not through the district. Is this something I would have to hire a law

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  • IEPs: SCHOOL ENDS IEPS – MOM WANTS IEP, FATHER DOESN’T

    Jalan: Child was found by the school district to have a disability. Her son had an IEP, that both his father and mother agreed to. The parents of the child are divorced and have joint custody of the child. The child was showing progress under the IEP. The father changed his mind and no longer wants his son to have an IEP. The mother still wants her son to have an IEP. The district cancelled the IEP per father’s request and against mother’s request. Within a week after the cancellation the son had Saturday school and 2 detentions. Does the school hold any responsibility as the child is failing without the IEP? Should the mother request new IEP? Is there anything that can be done to help the child achieve success in

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  • Discrimination: GMDT PARTICIPANTS – PA

    Sheila:  Can LEAs prohibit Special Ed teachers with a shared racial commonality that of a suspected gifted child from serving on the

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  • College / Continuing Ed: REDUCED COURSE LOAD AND FINANCIAL AID IN COLLEGE

    Kathy:  I have a child who is in her first semester of college. She had a 504 plan and an EEP in high school. Her university’s Student Disabilities Office has approved all her accommodations, including a reduced course load. For her, 9 hours, not 12, would be full time. Financial Aid does not recognize this and if she drops to 9 hours she will lose several scholarships and grants she was awarded. Has anyone ever had to deal with a situation li

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  • Behavior: CHILD HURT BY OTHER CHILDREN

    Carmen: My child is hurt by other special needs kids. The classroom doesn’t have enough adult supervision and two of the kids are very aggressive. What shou

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  • Retaliation: SCHOOL RETALIATION IN GEORGIA

    Brandon:  School never added accommodations to IEP,so we asked for 504 Plan multiple times and school said no and lied about 504. Teacher sent months of notes complaining about ADHD behavior. Discovered she has been forcing him to each lunch alone and depriving him of ice cream “until he learns to act like other kids”. School wouldn’t listen, filed Federal OCR complaint. The child they called a sweetheart 3 weeks ago in his IEP meeting was called school terrorist over phone once they got copy of complaint. They said he will not be allowed to stay in class and they don’t do small groups which is not what he needs, but that they don’t have room for him now at this school in GA. I need help A

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  • IEPs: WHO PROVIDES COPIES OF IEPs?

    Olivia:  I am special education teacher. I had an IEP where parent and advocate were present. I prepared a copy of Assessment Plan for parent to sign at IEP. Parent signed. Advocate requested one copy of the signed assessment plan for the parent and one for herself. Should I provide a separate copy for the advocate or should the paren

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  • LRE: PUSH IN

    C:  My dtr is in first grade. She has autism and ADHD. Completed K in mainstream and did well with her 1:1 para support for focus etc. Now we go to first grade. I see that she was out into what the school terms as a push in class or a class which I notice most of the kids with IEP’s are also in the class. . My dtr did well last year being mixed with all kids in her class and she learned so much. Now we are seeing an increase in anxiety .. When IEP team ends our end of the year meeting last year it said mainstream class. This to me is not mainstream. It’s actually a hidden ESE type classroom in appearance. So how so I prepare for next year

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  • Evaluations: EXPIRED EVALUATION

    Matt:  What happens when a student enrolls with expired evaluation

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  • Progress: WHICH DISTRICT IS RESPONSIBLE FOR LACK OF PROGRESS?

    Dianna:  I live in California and the School District is paying for my child to attend a NPS (non-public school). My child is in 4th grade and has been attending a NPS for a year and a half now. Currently, she is functioning at a kindergarten/1st grade level in reading and math. My question is, who is accountable for the lack of progress the NPS o

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  • Private Placement: IEP SERVICES FOR STUDENTS VOLUNTARILY IN PRIVATE SCHOOL

    Fay: Is a school district required to write and fulfill IEP services for children who voluntarily enroll in private school? If yes… the child lives in School District A, and attends a school that is physically located in Town B (with an associated School District B) but the private school is in a neighborhood zoned to School District C. Which district provides the IEP? All locations are in Cal

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