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

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Current Topics & Questions

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  • Graduation: MY SON DIDN’T MEET GRADUATION REQUIREMENTS

    Yolanda:  My son is a senior and has an iep but the counselor said he didn't meet all the requirements to graduate. I wanted to know if he can still walk and come back to finish the semester to complete the requi

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  • Tests and Assessments: IQ SCORES

    Lynne:  My daughter is a senior and I just found out that her IQ is low 60's. She has had an IEP since she was in the fourth grade. I had no clue that she scored this low, so I asked to look at her other testing results. While going over them, it showed that in elementary she scored in the 80's and the middle school high 60's. Now, she is low 60's. I'm wondering is this something that should have been shared? I was caught totally unprepared and I wouldn't have even known how low she was if I hadn't insisted she be tested and specifically asked for the

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  • Grades: “MODIFIED SCIENCE CURRICULUM” WITHOUT PARENT KNOWLEDGE

    Tim: I am a parent of a 7th grade student. She had adjustment difficulties in the beginning and was seen by the school counselor, then settled down. She made honor roll for the first semester and won a city-wide spot on the "All City Orchestra". She is doing well in all of her subjects. I discovered that her science teacher placed my daughter in "modified curriculum" with other special education students in her classroom. She did so without my knowledge. The teacher grouped the special education students together in the classroom. I wrote a letter to the teacher and she apologized to me. I was told the teacher would no longer give "modified curriculum" to my daughter. I asked for "modified curriculum" to be removed from my daughter's report cards. She has an A- with a comment "modified curriculum". The Science teacher

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  • Parent Rights: PARENT COMMUNICATION WITH TEACHERS

    Shareese:  What is the Federal law that allows me to communicate either by phone or email with my son's t

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  • Charter Schools: CHARTER SCHOOL SAYS IT DOES NOT HAVE TO PROVIDE IDEA SUPPORT

    Bonnie:  My 15yr old son has autism and has transferred from a public school to at Special Needs Charter School. He has mild behavioral issues and the school states they "do not" have to provide the needed support. My medical plan will cover behavioral support but the cost is more than I can financially handle. What are my

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  • Transfers: WHICH DISTRICT IS RESPONSIBLE FOR FUNDING PLACEMENT?

    Sarah: If a student moves to a different city and the parent does not immediately enroll them in school who is responsible for funding an out of district placement? eg - student is funded by district in out of district placement. Parents move towns but did not enroll the son right away - who is fiscally responsible for that gap? I am thinking it would be the last district "at

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  • IEP Meeting: IEP MEETING AFTER IEE – LEGAL GUIDELINES HELP NEEDED

    MM: Looking for either clarification or guidance to areas of the law(s) governing the child study team (likely IEP) meeting following an IEE. In particular, can the team meet without the neuropsychologist who did the IEE (or without the parent for that matter) IF the parent DOES NOT APPROVE of it? My child's school is saying we cannot accommodate the neuropsychologist's schedule "due to time constraints" and is insisting on meriting without her being present. Obviously, given her knowledge of my child's areas of strength and need for accommodations, I believe she's an essential part of the meeting and am not ok moving forward without her attending (within a reasonable timeframe, of course!) What, if any, legal voice in this situation? Any guidance - especially "magic words" to use when responding - is truly appr

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  • Section 504: TIME FRAME FOR 504 REVIEW

    Gretchen: My son is in the 6th grade and has a 504. His plan review date is coming up and I have not heard from the 504 coordinator for his school about meeting. Is there a time frame where that meeting should tak

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  • Retention: CAN THE SCHOOL MAKE MY CHILD REPEAT 2ND GRADE?

    Nyla: By law, can the school make my children repeat 2nd grade again? I've been looking and researching and see that retention begins in the 3rd grade. There isn't a pep plan in place for either of them and I'm constantly working with them at home. Please advise me on what my options are. Th

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  • Extended School Year (ESY): IEP MEETING FOR ESY ELIGIBILITY?

    Miranda: I received a note saying my child qualifies for ESY, and if I filled out the ESY Emergency Contact Form, the teacher would amend the IEP. As I understand it, the team is supposed to determine eligibility. Is this a violation of

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  • Transportation: FAILURE TO NOTIFY

    Kathryn: I am the custodian of my grandson Aidan who attends an IU-13 class in another school district. Today after school his bus never arrived. After waiting a half hour for his bus I called the bus company. Apparently there was some kind of incident, but they didn't know what the incident was, and the driver left him at the school. I then called the school he attends but their office was closed. I then called his home school district but they were also closed. 45 minutes after his bus was due I didn't know where he was or who he was with. I was frantic and just started crying when my phone rang. It was a therapist who works with IU-13 and he told me he would be at my house in about 10 mins with my grandson. My grandson is

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  • Re-Evaluations Timeline: HOW LONG FOR REEVALUATION AFTER REQUEST?

    Ralph:  How long after you request a reevaluation must the school conduct the reevaluation? My son is in the CD (Communication Disorder) self contained class and also has other items on his IEP with possible LD. He is in third grade and we want to see what placement he would be for next year and if there is LD there, then get him in the program he needs to be in as well. He is due for a reevaluation next year, and at our IEP meeting and now officially with the school requested it. Both his Special Ed teach and Speech path agree that he should be tested why he is comfortable and not wait until next year to only move him again. the School Psychologist said, "...There are several students that are actually due this year that need to be completed.

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  • Aides: CAN STUDENTS SHARE A PARAPROFESSIONAL?

    Nikki:  When there are a group of identified students in a self contained classroom and each have an individual paraprofessional written into their IEP, are those students allowed to share a paraprofessional? Is the certified special education teacher allowed to work as one of the assigned paraprofessionals in addition to being the classroom

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  • Tests and Assessments: COGNITIVE EVALUATION

    James:  My daughter 3 years ago scored IQ of 109 on the WISC IV and qualified for a IEP in passage comprehension. She only had the 22 point discrepancy in one of the 2 test so she didn't qualify for written expression. Last month at age 11 and 1/2 years old she scored a 82 on the KABC-II and a 89 on the WISC V. She qualified for basic reading but not on the language part. I can't wait 3 more years, she needs help in language now. What do you suggest ? pediatric neurologist, independent testing, complain to SSD in St Louis. Why didn't they just give her another WISC IV like 3 years ago. Thank you for yo

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  • Reading: PRE AND POST READING ASSESSMENTS

    Stacey:  If a child's disability is in reading and the school district has a reading specialist. Can the parent request a pre and post reading ass

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  • Twice-exceptional: NEED RESOURCES FOR 2e ADULTS

    Ruth: I am only just realizing that I am 2e, and am looking for community, information, and support in school/career. I am not a young adult. T

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  • IEP Compliance: CHILD FAILING WHILE SCHOOL OUT OF COMPLIANCE

    Heather: My son (3rd grader) failed for the quarter, even though the school acknowledged that they were out of compliance and not following his IEP in all classes for five out of the nine weeks of the quarter. Do I have recourse to address his failing grades since they were out of compliance for over half of the grading

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  • FAPE: ARE PUBLIC SCHOOLS OBLIGATED TO PROVIDE SERVICES TO NEW STUDENTS?

    Monica:  Are public schools obligated to provide services to new coming students who need more services? We are getting new student enrolled in our school. We had a parent come to enroll their kid to our school. Their child requires full time services and we only have one parttime sped teacher. Are we obligated to hire a full time teacher to cover the child's services? Our school is public and is located in new

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  • Homeschool: SHOULD I END IEP PROGRAM IN HOMESCHOOL?

    Taya:  My son is totally normal, never was diagnosed with anything, but he gets distracted very easy during the class. So the school was on me for few years to put him in IEP program and finally we give in.  but he didn't improve a bit academically.  he's in 6 th grade. Now in February I took him out school for homeschooling and he is still on IEP program thru this home school. Should I take him off this program? Would it affect him in a future when he'll go to college

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  • Modifications: REGULAR ED TEACHER NO IMPLEMENTING IEP MODIFICATIONS

    Amy:  My son is in high school and I have had to continually contact the special Ed teacher and the principal with on going issues of the regular ed teaching not following the SDI's in the IEP. I have met with the principal, I have met with the head of SE and it gets better for a few weeks then goes back to no modifications. I have been battling this with the district all year and now am at the end of my rope and my son is beyond frustrated. What can I do. It's March, Do i request a transfer out of this classro

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  • IEPs: CAN THE SCHOOL “OPT OUT” OF THE IEP?

    Amanda:  Can the school opt out of my 13 year old daughters IEP without notifying parents? She is in 7th grade, and is struggling very much in the middle school she goes to in Missouri. Is it legal for them to pull her right out of IEP and not even notify me as her parent? Since she hasn't been receiving her IEP, she has been in and out of ISS..Plea

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  • Goals: IEP GOALS RELATING TO AFTER SCHOOL ACTIVITIES

    Alysia: Can a school write social pragmatic goals regarding attendance at after school activities? For example, if the goal is for the child to increase peer connections/interpersonal communication and handle group work more easily, can the benchmark be "George will voluntarily attend one after school club a week"? I guess the broader question is, can objectives and benchmarks be written that require the child to do something outside of the actual school da

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  • Placement: WHO MAKES PLACEMENT DECISIONS?

    Alicia: Isn't the Case Conference Committee the place where placement for a transition year (starting middle school) is made? We're being told it's solely a parental issue because the decision is between 2 schools with "like" programs. Both programs are within the same school district but there is a lot of difference between how the schools are run and the experience of the special educatio

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  • Behavior: 8 YEAR OLD BEHAVIOR PROBLEMS IN SCHOOL

    Lynn: My 8 yr old grandson is having behavior problems in school to the point where he is already being suspended. He has displayed outbursts, Hitting other children, as well as teachers, because he does not want to be told what to do. Is the school required to test him for adhd, or maybe aspergers s

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  • Related Services: SERVICES NOT BEING PROVIDED, NO STAFF

    Krissy: I am a special education teacher at a BOCES for alternate assessment. Our school has not had a speech therapist for 17 students. The students should be receiving services, but because of the shortage of staff, they are not. They had a speech therapist for November and part of December and then she was let go of. The administrators are now telling us that we need to implement these goals and progress monitor them in the classroom. I am not a certified speech therapist and although I may understand the goal, I do not know how to remediate. All seven of us are confused on how they can get away with this? This is not my job nor does it sound legal because it is outside of my certification. Any advice would b

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  • Educational Records: ARE STUDENT TESTING PROTOCOLS PERSONAL RECORDS OF STAFF?

    Robert: Our son was given the Woodcock-Johnson IV, Tests of Achievement. Long story, short...I wanted our son's test protocols (written on by our son and his test examiner) to be reviewed by his psychologist. She is a licensed and trained psychologist in the state of Maryland. She wanted to see the raw output of our son and not the computer generated results. When I inquired about the release of the written protocols, I was informed that, "Testing protocols are personal records of staff and are not a part of the student’s permanent record." It was my understanding that as this protocol contained personally identifiable information about our son, it was our parental right to examine them. It also seems strange that an assessment of our son is considered a personal record of staff. Can the school district legitimately claim raw data from

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  • Evaluations: REQUIRED RESPONSE TIME FOR EVALUATION FOR DYSLEXIA

    Darek: Hello, I would like to know if there is a required response time when administration agrees to an evaluation. It has been 4 mos. and they have yet to complete it. T

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  • Aging Out: AT WHAT AGE DO YOUNG ADULTS AGE OUT OF SCHOOL?

    Sher: Is there a 'federal age' for aging out of school? Here in NJ it's 21, but people in other states have told me I'm mistaken - that

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  • Tests and Assessments / IQ: DAUGHTER’S IQ DROPPED

    Rina: I am getting concerned. My daughter is currently in a private special education school, paid by my school district, a 12:1:4. She is currently in the 2nd grade and is 8 years old. In August 2013 her IQ was a 83. The test used was Wechsler Preschool Intelligence test. In May 2014 when she was 6 years old I decided to have a neuropsychological evaluation done. The test that was used at the time was also the Wechsler Intelligence test, the 4th edition. Her IQ was a 85. Today as of February of 2016, her Full IQ is 63. I am shocked and in tears. The test that was used was Stanford-Binet-Intelligence Scale, 5th edition. I am not sure if her current placement is causing her IQ to drop. What test should I have done in addition to the school test?

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  • Unique Needs: IEP NOT MEETING MY SON’S NEEDS

    April: My son has an IEP. We just had a meeting, I told them I felt they weren't meeting his needs and that I want him transferred to another school that can. The special education coordinator said pretty much I don't have a choice were my son can go to school. The choice was up to the team to decide if they feel they can meet his needs or not to go to a different school. I live in Wi

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