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

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Current Topics & Questions

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  • IEPs: TIMELINE FOR NON-ANNUAL ARD MEETING

    Leisa:  If a parent requests an ARD meeting, at the end of a school year and it's not the annual ARD, is there a timeline for the school to respond and hold that

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  • Eligibility: SON IS ADHD/GT – NO CLUE HOW TO HANDLE ARD

    Sandra:  My son is considered 2x exceptional ADHD/GT. My son is under the 504 Accommodation's Act. He was tested last year for IDEA according to the school he did not qualify. This year I asked for him to be re-evaluated by an independent Contractor. The findings put him under OHI, well we have ARD again next week, and I am clueless as to how to approach the ARD. Pleas

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  • Retention: 1ST GRADER BEING RETAINED

    Stephanie:  My son has chiari malforamtion 1.5, adhd, and PTSD. He was out of school for several weeks in 2015 for brain surgery. He had several complications and the school did not want to do the home bound program, they wanted him to come until 10am each day even though he would end up extremely sick afterwards. He could not get well so we chose to with draw him and home school. This worked well for almost a year but then he really missed school and begged us to go back. So in 1/2016 we allowed him to go back to public school, the school tested him to see where he was and told us he was current on everything but reading. They started all of his grades out as failing and he had to work up from there. He worked really

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  • Homebound Instruction: CAN A HOMEBOUND STUDENT PARTICIPATE IN CHEEERLEADING

    Harriet:  My daughter has POTS and because of this has an IEP. She attends school 2 days a week and is then tutored 7 hours a week. She has been told by the senior high principal that she can not go out for cheerleading. We live in PA and when I contacted the PIAA they told me that PIAA doesn't cover cheerleading. The principal continues to tell my daughter that she can not try out. What can I do to get her the chance to try out for the cheerleadi

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  • Stay Put: NEW SCHOOL SAYS NO IEP, CAN WE INVOKE STAY PUT?

    Karin:  We have moved to a new school,district and that district is finding my child to not be eligible for an IEP. We are wondering if we an invoke stay put and if so for how long. They have done testing in all areas. She is supposed to have a modified workload which is largely addressed by an academic skills class that she attends each day. They would like to just have her in a regular study hall but we know that there is virtually no support in that,kind of situation.and is more of a free for all with kids doing whatever they want to do during that time while merely being babysat. She also has a lifelong disability but a 504 would not address her need for being in an academic suppor

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  • Early Intervention: UN-SERVED NEEDS & LOSING SERVICES AFTER INITIAL EARLY INTERVENTION SERVICES

    dk:  My son rec'd mega amts of great ei work from when he was 16 mos old- pre k. now he is in 3rd grade and b/c he has learned to "fit in" with peers- acc. our iep team- he has lost all services- even though he still seems to need the accommodations w/ standardized testing, exec. functioning, etc. other peers with the same bkgrnd as my son who "fit in" with peers and don't act out are also losing services even though their parents report the same challenges that are now being un-served. is there a "backlash" happening with public schools? the public school seems to only look at what an "old stereotype" is for a child with an asd vs. figuring out how to meet the continuing needs of kids who are "higher functioning" b/c of ei services, yet still

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  • Autism: EARLY DISMISSAL FOR SON WITH ASD

    Nicole:  If I as parent want my son to have an abbreviated day and leave at 12 each day is that possible? I think he gets exhausted and I could teach the 2 or 3 days a week he is allowed to leave early. He is dagnosed with Autism and is 8. He has an IEP and a BIP. He has had lots of refusals for elective classes, lunch, recess. Refusing to go. No idea why. Is there an option where special ed kids can do both home and school district learning? Th

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  • Tuition Reimbursement: DEPT OF ED REIMBURSEMENT FOR SETSS TEACHER

    Lisa: My son goes to a small private school that does not have special ed services in-house. The DOE gave us a list of DOE-approved SETSS teachers and told us it was our responsibility to hire one of them to implement his IEP order. After several months, we are unable to find someone on their list who is both qualified in dyslexia teaching methods and is available. So it seems that if we want our son to get help, we will need to hire a private tutor. How do we get the DOE to reimburse us for hiring a teacher who is not on the DOE SETSS teach

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  • Related Services: EXCESSIVE MISSED SPEECH THERAPY SESSIONS REQUIRED IN THE IEP

    Michelle:  My child is to receive two 30 minute ST sessions per week (5 cycle days) at public school as specifically stated in his IEP. It is documented that he has missed 19 days this school year. The Special Education Supervisor has stated on numerous occasions that missed sessions due to the SLP's illness or her child's illness does not need to be made up. Only absences due to other IEP meetings and during a month when the position was vacant need to be made up. Is that true? Are they exempt from making up missed sessions due to illnesses? At what point is this excessive? These missed sessions equate to more than 35%. Can I seek my own private SLP and demand reimbursement from the D

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  • IEPs: SPRING IEP SEASON

    Bill: Is it legal for a school to have a spring IEP season as opposed to year round? Basically, the 9th grade ieps are done on or before due date and then done again in late spring to get on the spring schedule. The school does it because of a lot of unknowns are in the fall, i.e. state test scores, staffing, classes offered, etc... these things are usually unknown until

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  • Manifestation Determination: CHANGE OF PLACEMENT WITHOUT PARENT CONSENT

    Julia:  A manifestation determination meeting determines that there was no manifestation, child has a change of placement without parents agreeing to it, and the change of placement has been longer than 45 school days. Is thi

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  • Specific Learning Disability (SLD): SLD AND 504 PLANS?

    Beth: I have an adult student who has an IEP but no longer wants an IEP. He has expressed interest in a 504 Plan. He has a Specific Learning Disability. Is he eligible for a 504 Plan wit

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  • Evaluations: WHO PAYS COST FOR ADD EVALUATION?

    Kelly:  I've been voicing concerns pertaining to my daughter and the possibility of an issue with her comprehension since the beginning of the year to her teacher/principal. They did testing and said her scores were where they should be, but I kept bringing up ADD. It wasn't until the 3rd meeting they agreed that maybe she should be tested and told me to get the forms from her doctor. I filled out my part and so did her teacher. Her doctor reviewed them and said she was borderline so she needed to go to a psychologist for testing. Is the school responsible to cover any of thes

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  • Section 504: 504 PLAN FOR EXTRA TIME NOT FOLLOWED

    Janessa: I do not think my 504 plan is being followed. I am supposed to get extra time on homework, tests, etc. My teacher recently took away points on things because I asked her the day before for extra time. It is unclear who is in charge of my 504 but I believe the guidance services are. Them and the teacher think I should ask the day I get the assignment for extra time, not till the last minute. My family and I feel this is worthless considering that I don't really know when I will need extra time. The teacher says since the class is an honors class I should be held at higher standards. I cannot help my emotional instabilities. Is the school doing me wrong for penalizing me for asking for extra time the day before an assignment is

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  • Settlement Agreements: IGNORING SETTLEMENT AGREEMENT

    Cynthia: I have a settlement agreement with the school district, everything on paper in black & white. Why has it been so hard to get the district to abide by it, when they themself signed it? What options do I have enforcing said agreement and can I open a new case because of a

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  • Parent Rights: ARD MEETING WITHOUT PARENTS

    Raquel: Can a school hold a brief ARD without the parents knowledge and without the parent being

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  • Progress: NO PROGRESS SO SCHOOL REDUCED RELATED SERVICES

    Teresa:  Parent concerned related services ST/OT/PT are being reduced stating that child has not made any progress in these areas, therefore all therapies will be reduce to half of the time allotted last school year. If no progress is made how can services be

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  • Eligibility: IEP FOR CHILD WITH ADD & HIGH FUNCTIONING AUTISM

    Bonnie:  My son has ADD and High Functioning Autism. He makes straight A's in school but has difficulty with social cues and with getting his assignments completed. The school says that he does not qualify for an IEP or a 504 plan because his disability is not affecting his grades. He is also being bullied in school and was suspended for 3 days for pushing the kid away that was pushing and punching him. What c

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  • Retention: GRADE RETENTION FOR KINDERGARTEN

    Grace:  Can a school district in the state of Georgia retain a 5 year old in Kinde

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  • Retention: SHOULD MY DAUGHTER REPEAT FIRST GRADE?

    Dana:  My first grader is being held back because shes not writing up to par, but I can see shes trying, her letters are close to the word shes trying to write, her reading is improving, its almost the end of the school year. How do I know if she will be ready for second grade or its the teacher not teaching her in a way she will learn? Would it be best for her to repeat first grade or will she improve over the summer v

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  • Independent Educational Evaluation (IEE): HOW CAN I REQUEST AN IEE?

    Sekquiree:  My student was place at an NPS for dyslexic students. Now our district wants to return him back to his local high School placed in special day classes based on their assessments. We totally disagree with the district assessments. How can I in writing request for I.E.E'S to really prove that my student needs to remain at an NPS? Th

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  • FAPE: AT HOME WITH NO IEP EDUCATION OR RELATED SERVICE FOR 10 WEEKS

    Mary Jane: My son has been home for 10 weeks with no education or therapy related to his active IEP.  I have called every agency and filed numerous complaints with ISB. No one cares. What c

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  • Private Schools: DO PRIVATE SCHOOLS HAVE TO COMPLY WITH IDEA?

    Lisa:  Do private special education schools still need to follow IDEA? Do they have to adhere to the 3 year age gap limit? What happens if the

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  • Educational Records: RELATED SERVICES RECORDS AND NOTES

    Rene:  We have requested a copy of our kids school records (both SN with IEPs) and they did not include any notes from the related service providers (OT, Speech, etc). Our school district says that they only use IEP Direct to document for Medicaid reimbursement, which we don not qualify. Are they required to keep session notes for related services and do we as parents have access to this? How can we check that our kids received all sessions if its not doc

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  • Educational Benefit: HOW TO SHOW AN EDUCATIONAL IMPACT?

    Loren:  My daughter age 17 in 11th grade has had an IEP since 5th grade. This year the removed her IEP without my signature because they said she can access the curriculum and "no educational impact". I got an IEE a dx of dyslexia. Still the district wouldn't consider her disability impacting her education and further refused assistive technology. I requested a 504, got that signed on 5/2 with AT but she had another test in AP history on 5/11/15 and the school refused to read her the question because the assistive technology was not available. She got a 64% on the test that they made her take without assistive technology. Her GPA is 3.75 and she passes the class because she does every extra credit assignment, lunch tutoring with the teacher, before school study groups etc. for extra credit. In a

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  • Placement: GENERAL EDUCATION CLASS

    Pua:  Is there law that would say it's illegal for all sped kids to be placed in one homeroom class? My children's school has 2 classes per grade level. There is one teacher responsible for all the sped students....ie. 2 first grade classes: 1 teacher all gen ed ,and the other teacher some general ed and all the Special Education students. Also, there is a teacher who has been placed in a special education classroom that consists of inclusion, resource, and FSC 4th and 5th grade students. Is this a violation of the student

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  • Related Services: ACCESS TO NOTES BY THERAPISTS

    Mitch:  our child's school contracts with a local OT, PT, and ST clinic. We have asked for copies of their notes, but have been told by the clinic, the school has the notes. We have asked the school and have been told those are clinic and not documents of the school and the notes are in the quarterly progress reports. We only get one sentence in the progress report. Nothing provided is S.M.A.R.T. (specific, measurable, attainable, realistic, and timely). What can we do to obtain those notes as if i ask for them from the OT and ST visited outside of school, I can get th

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  • Discrimination: SCHEDULING SPORTS GAMES SAME DAY AS SAT, HAD TO WAIVE EXTENDED TIME

    Alexandra:  Hi. Is there any legal ramification for a high school scheduling a sports game on the same day as the SAT at 1030 in the morning? My daughter had to waive her college board approved extended time accommodation ( we had to come into the school the morning of the SAT to sign waiver) so she could get to her game on time. Pleas

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  • IEP Compliance: NOT FOLLOWING A TRANSITION PLAN ON IEP

    Anonymous:  I am a paraprofessional at a high school where two students are not receiving services in accordance with their transition plan. The case manager has lied to both sets of parents and the other paras working with those students will not speak up for fear of losing their jobs. I am willing to file a complaint but would want to do so anon

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  • Bullying: A PRINCIPAL THAT IS A BULLY

    William:  The school principal is a bully. I have called the school board, they call him, and has caused my daughter more problems. what c

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