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

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Current Topics & Questions

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  • Confidentiality: IEP PRIVACY

    Cheryl:  Shouldn't IEP accommodations/SDIs be confidential between teachers/parents and THE student. Teachers are openly discussing my student's IEP accommodations/SDI in front of classroom students and singling out my student. Isn't thi

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  • Re-Evaluations: CAN I REQUEST A NEW EVALUATION AT THE TRIENNIAL MEETING?

    Hope:  My child was unable to receive services due to a family crisis. She has been attending a private school with no services and is doing ok but struggles. Our family is out of crisis now and would like to get her the services she requires for the coming year as a 7th grader and will be attending a public school . How do I go about it? Can they refuse? Can I request for a new evaluation? At the triennial iep meeting I'm not sure what t

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  • Inclusion: SCHOOLS SAYS STUDENTS MUST LEAVE THEIR CLASSROOM TO RECEIVE ACCOMMODATIONS

    Joe:  If a student is given an accommodation in his or her IEP that requires a pull-out, like tests read aloud, quiet setting or extra time to finish, may they refuse and stay in the classroom? May they also then refuse to have a test read allowed to them in the classroom? I was under the impression that they did have the right to refuse services, but I am being told that this is considered a violation of the IEP. I'm told that Kansas law states that students must be forced to leave their classroom to receive their accommodations. Is this

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  • Progress: LACK OF PROGRESS, STAY PUT IEP

    Marie:  My 10th grader (ADHD and Dyslexic) is reading at a 5th grade reading level, went into 6th grade at a high 4th grade level. He attended 2-3 summers for ESY, a summer of 1 on 1 with using the FASTFORWARD program , all recommended by the school and showed little progress and team agreed FF was not working for him. Last summer (another school recommendation) used JUST WORDS and showed some progress but now it is not being done to fidelity so once again no progress. Although IEP team agreed FF was not an appropriate program the school continues to use it with him. We have had several IEP meetings to try to agree on his new IEP but have not signed it. My understanding his last signed IEP should be the one being followed until new one is signed. Is

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  • Consent: PARENT RIGHT TO OPT OUT OF AN IEP, PLACE IN A PRIVATE SCHOOL

    Elizabeth:  We are in MA, we decided to check our 6 grade kid out to attend a private school w/o services. she is in a last process of an IEP re evaluation. they want to complete it even though she is being pulled to another school & want me to take her to continue the special services by my own means which I do not have a car to take her. I do not fully know my rights & I feel intimated by them. we are wanting to opt out on an IEP re evaluation but I am afraid they will threat me even more we given them a written notice. it seems they do not want let her go, nor withdraw her from the services. what will happen after we had given them a written notice & they still want to

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  • IEPs: WHAT ARD PAPERWORK MUST THE SCHOOL PROVIDE TEACHERS?

    Can our school diagnostician give us the ARD paperwork via email? What are they legally responsible for providing to the teachers? Our diagnostician gives us our ARD paperwork in a bundle which only includes the IEP, PLAAFP, Schedule page, and any supplements. Do they not have to give us the deliberations page? The deliberations page tells us other items we discussed in ARD and I feel teachers need this. What does the law require teachers receive from the school on the SPED student in their classroom? How long does the school have to give us this paperwork? sometimes it takes them two weeks before we

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  • Private Schools: PRIVATE SCHOOL IEP / ISP RIGHTS

    Jennifer:  My daughter was removed from public school and enrolled in a small faith based private school. Her tuition is paid for by her IEP/ISP money. She has been in this school for 2 years and a special education teacher is sent by the public school to serve the students. I need to know what rights my child has being in a private school versus a public school as far as psychological testing, modifications,

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  • Transition: DESIGNATING KEY STAFF INTO IEP FOR TRANSITION

    Mary:  I am a school social worker who supports an 8th grade student with Autism who is transitioning to the high school. The current data supports that both his current teacher and myself are key supports in helping him to regulate behavior, including threatening physical aggression and yelling out prejudiced words that could result in others harming him. The family's attorney wants me to write in the transition IEP that myself and his teacher must go to the high school to support him (I agree with this until the high school staff are sufficiently able to support him). My school district states that I should not write this into the iep. My first priority is to support my student. Do you have any suggestions? It's pretty complicated, however for the sake of brevity, I just noted the key

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  • LRE: NO GENERAL ED FOR SPECIFIC DISABILITIES

    Miranda:  Is it lawful for districts to place all children with the same disabilities in the same type of setting? For example: All children with Down Syndrome in the district are placed in self-contained classrooms. Also, any ides as to where to get this type of information regarding placement? I have tried Freedom of Information Act at the city & state level, asking the special education director, and contacting the local advocacy group, as well as google. The response I have gotten is that no one keeps these records because they group children by educational level, not medical diagnosis, but someone must have this informat

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  • Accommodations: HOMEWORK ACCOMMODATIONS

    Margaret:  My high school student is allowed extra time for test but a bigger issue is the amount of homework given and the time it takes her to complete . I am told by the school that they can not accommodate homework and decrease the load. Their response is that she will just have to get lower grades. So she either has to turn something in incomplete and not understand the concepts or chase her tail trying to complete several days worth of homework and hope it isn't marked off for being late. She has inattentive add and the anxiety that goes along with it. She also suffers from some medical issues that cause chronic fatigue. She needs to sleep!! Not stay up late doing h

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  • Eligibility: BELOW GRADE LEVEL? DON’T THEY LOOK AT LOCAL VS NATIONAL?

    Marie Ann:  My child seems to be not eligible for SPED because our state indicates the child "has to be below 12%". This sounds like such a load to me because we all know that numbers can be manipulated and the state doesn't easily indicate precisely what they are talking about. So I am looking at our Woodcock J results and can easily see the percentage points and where our child falls on the bell curve. My question is this - our state is above average when compared to the country and my child's school is above average in the district (like one of the best schools in the state). As I prepare a position for our IEP request, how can I verbalize that my child might range between 17% and 32% on the Woodcock subtests,, but between the SD and the

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  • Highly Qualified Teachers: SPED TEACHERS LEAVING CLASS WITH AN AIDE

    Dave:  Can a sped teacher leave the class with just an aide to do other duties for the day? (i.e. step in as acting pr

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  • FAPE: SHORTENED SCHOOL DAY

    Val:  I have a client who receives one hour less of instructional time per day than his non-disabled peers (at his home school). In addition, his guardian stated he receives even less instructional time due to the fact that his bus is at their home each day before school is even supposed to let out, (dismissal is at 2:45 & the guardian claims school is to end at 3PM). She is curious if this is a denial

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  • Inclusion: CLARIFICATION ON INCLUSION

    Charmaine:  1) What is the rule regarding a special education students in general education classrooms. Are they allowed to stay in the classroom if they are disruptive? 2) When your school has a behavior unit, what are the rules regarding special education students that continually become violent in the general education classroom? For example, is it appropriate for a student to stay in a classroom throughout the year even though they consistently cause evacuation of the classroom due to their violent outburst? 3) Is it appropriate or legal for a EA student to be left in the hallway alone….screaming and banging on the wall and floor? Is it appropriate for same student to attend school assemblies where parents are invited to see their children perform during school hours even if he stands in the back and screams out and bangs on the

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  • Services: DOUBLE DIPPING

    Jen:  In regards to double dipping and helping my iep kiddos, could it be the tutor or interventionist are paid by Title 1 monies making that the double di

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  • Suspensions: CHANGING SUSPENSION NOTICE AFTER ISSUANCE

    Lisa:  My nephew was suspended from school and I received the call and signed notice the day after the incident. Upon arriving at a conference two days later, that I requested, I was provided with another notice because they changed the violation. Can they

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  • Parent Rights: DISAGREEING WITH THE PROPOSED IEP

    Mary: What are the parents rights or options if they don't agree with the proposed IEP? There are conflicting a

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  • Autism: WHEN TO TRANSITION A STUDENT WITH ASD TO A SELF-CONTAINED CLASS?

    Nancy:  I know a student with ASD and ID who is in elementary school and has been participating in part-time special education and inclusionary settings throughout his schooling. He requires modified and alternate curriculum to meet his learning needs. He performs much better during his small group instruction time and when he is in the gen ed classroom, he becomes upset, or completes minimal amounts of work. If he had more time in the special education setting with full access to all of the alternate curriculum, it is believed he could make more progress. It is being proposed that he transition his placement to a self-contained classroom with access to gen ed time during specialty subjects to encourage typical peer interaction. I know there is a lot of negativity toward self-contained classrooms, but they are there for a purpose. My question is--

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  • Parent Protections: FMLA or ADA REASONABLE ACCOMMODATIONS

    Brenda:  I am 58 and care for my 18 yr old severely autistic/mentally retarded son and my husband who is 80 percent disabled from a back injury. I asked my work for reasonable accommodations to be home by 420pm for school bus and no weekends. He is a consumer of IHSS and Regional center CALIFORNIA. They told me go to part time, I did, they said fill out availability, I did. They were good for a few weeks then they are back to weekends. Do I have rights? Ps. Major pharmacy employee. I have worked there for 1

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  • FAPE: FAPE/ DISCRIMINATION AND ARD COMMITTEE PARTICIPATION REQUIREMENTS

    Nancy:  My granddaughter has a chronic illness and was hospitalized for over 2 months. The school was supposed to send work but only 2 teachers did, the others said "No the work has to be done in class." The school gave her failing grades because the work was not completed. We asked that the school provide an online program that they use for credit recovery instead of the failing grades, but they refuse, saying you have to fail first and those grades stay on your record. They now want her to do the credit recovery program and average it with her failing grades and to also attend school or receive homebound and do Semester 2 along with Semester 1 which she is medically not able to do at this time. The administrator at the ARD meeting continually says "I do not have

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  • Transition: TRANSITION OR AGING OUT AT 22

    Roberta: My question is about transition. Is there any precedence for extending time in special education after age 22? Procedures for Transition and 688 referral were not followed and my child has not benefited from transitional services or adequate planning. She turns 22 February 11 ,2017. I would like to ask for mediation . We have looked at 3 adult day programs that do not meet her needs.

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  • Discipline: ZERO FOR TALKING DURING A TEST

    Dave:  I have a student that has been warned during every test, as the class has, and if talking takes place...a zero will be given. PSAT, SAT and State Examinations prohibit talking during a test. Can the zero be given for a fin

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  • Aides: TEACHER CONCERNED IEP SUPPORT NOT BEING FOLLOWED

    Danny:  A few teachers in our district are concerned because aide support for children with IEPS is not being provided when aides are pulled to work with other children or there are absences. The parents of these children are not made aware that their aide support is not meeting their IEPs. What are the proper channels for these teachers to go

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  • Autism: CHILD PERFORMING POORLY, NEED HELP FROM SCHOOL

    Kathy:  We have a 13 yr old son with hfa. He is in 7th grade and performing poorly because he needs almost constant redirection. He also doesn't seem to have any motivation. He doesn't want to be singled out from the rest of the students yet he needs the support. He wouldn't use an ipad the school offered because he doesn't want to be seen as different. Now the school is suggesting sending to his neighborhood school. I don't see the point in this it seems like the school is trying to pass off the "problem" and n

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  • Occupational Therapy (OT): REDUCTION IN SERVICES, THERAPIST TAKES DISAGREEMENT PERSONALLY

    Joanie:  It truly appeared that the therapist & student assistant were taking my objection to a reduction in services personally. It was as if they were upset that I even questioned her services. 30 minutes a week down to 30 minutes a month is a lot when she is just beginning to improve. I am still looking into what options I have. A compromise was made to give my child 15 minutes a week of OT instead of bi weekly but it was barely a compromise if she is still not getting enough of a full session for it to be effective. What else c

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  • Paraprofessionals: PARA IN CHARGE OF STUDENTS ALONE

    Marcella:  Is my paraprofessional allowed to be alone with my RSP middle school students during library time (in the library with a librarian) without me present in order for my students to to check books in and out for 15 minutes while I am observing other students to fulfill IEP support service requi

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  • Teacher Issues: NON LICENSED TEACHERS

    Yessenia: What I can do if I found out my kids school has non Licensed t

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  • Transportation: SCHOOL BUS ACCOMMODATIONS

    Laura:  As I understand it, busses must make accommodations because they are contracted through the school. My son has a 504 due to Type 1 diabetes and the bus company is refusing to have the drivers trained for emergency situations and how to treat emergency low blood glucose (which entails just giving him sugar - not even a medication!). At this point I'm just wondering where I can get documentation - a copy of the law that says this - to show them their responsibility

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  • Goals: SPECIAL EDUCATION TEACHER REFUSING TO PUT IN GOALS

    Nydia:  I have a class list with students I do not have in any class. I am being told that I have to put in goals for these students, who have the class with the special education

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  • Accommodations: SAT ACCOMMODATIONS APPROVED BY COLLEGE BOARD BUT TEST CENTER DENIES ACCOMMODATIONS

    Elena:  Are my son's civil rights being violated if the test center says that "they don't think they have the staffing or the technology to support Dragon NaturallySpeaking" or speech-to-text software accommodation for the SAT exam and that we should "find a 2nd choice testing site or contact the College Board" instead. The College Board approved Dragon NaturallySpeaking for the essay portion of the exam on Nov. 8th. I received letter on Nov. 21. My son is homeschooled but we live in the school district. The school district has only one school that administers the SAT exam. I notified the school in Sept. that he was registered for exam in Jan. and that I was waiting for the college board to approve assistive technology for exam and I wanted to know what AT software they use for SAT exam. I sent an

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