Community HELPline: Find Answers to Your Questions

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Welcome to our Community HELPline! 

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

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Current Topics & Questions

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  • IEP Meeting: WHO CAN ATTEND IEP MEETING?

    Amanda:  Last week I received the conference announcement with the people listed who would attend our IEP. At yesterdays meeting, there was a district sped teacher there to assist in writing the IEP, though she has never taught my son. (I shared my concerns about the draft IEP goal/objectives and how they were written with his sped teacher via email) What responsibility does the school have to inform me of last minute attendees to my meeting, especially when they do not have a professional relationship w

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  • Transfers: CHANGING SCHOOLS AND PTSD

    Debra:  We lived in one District and then moved to a neighboring District. My child has always had an IEP. She did well at the prior District but has been bullied in school in the new District and refuses to go to school. She has been diagnosed with PTSD. The new District CST refused to put in the IEP that she should return to her prior District although their psychiatrist said she should go back there. I filed for mediation because the District wants to classify her now as emotionally disturbed when she was fine before she changed schools. The District will agree to pay her tuition at the neighboring school but will not pay the tuition. Is thi

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  • IEP Revision: DISTRICT REFUSING AGREED UPON CHANGES TO IEP

    Jill:  Sped director told new IEP team “The district has an obligation to offer FAPE, the parents can THEN engage with the district in a discussion, agree, disagree, or make requests” District created new document. After we insisted that the district hold another meeting that would accommodate related services staff who could contribute to the creation of the document , the district begrudgingly held a meeting then created an amendment which refuted their final offer of FAPE. After signing the amendment, the district says that their offer is final and the amendment will only apply to the signed IEP from 2 years ago. District refusing to add agreed changes from the new IEP into the new offer

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  • Consent: TIMELINE FOR “WRITTEN INFORMED CONSENT” – FL

    Informed Consent:  Florida districts are discounting informed consent given as part of a parental letter of initial request for eval (“This letter and my signature to serve as informed consent for evaluation for ESE services under IDEA”), waiting 30 days to give parents the “required district IC form” – which is allowed by state guidelines – up from 20 days as of July 2015 – then starting 60 day timeline from the day their “required form” is signed. Nowhere in IDEA does it state IC must be given in any specific form – is this practice a state sanctioned violation? Per OSEP there’s no form requirement yet they signed off on sta

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  • Accommodations: NEED TIME MANAGEMENT ACCOMMODATIONS FOR 2E CHILD

    Janet:  Help,please. I needs some ideas before Fri. My son is 2e, struggles with organization and time. Late most days. Last year I turned the hot water off every morning afer 15 min. This year I am am not going to be his time keeper. I got hm an alam. He wakes up on time, just stays in the shower for ever. I also go him a baking timer that he will not use. Any good goals and accommodations you can think of. For time management,a organ

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  • Bullying: SCARED TO SEND CHILD TO SCHOOL..

    Charlotte:  Filed a complaint against school personal for allowing Autistic child to be harmed emotionally and physically by other students. Investigation was done by school officials. They stated Child’s rights were not violated even though this abuse continued for three months. They did offer sensitivity training for all staff and students as well as my child an aide. I ask for a male aide for MALE ONLY areas of the school. They refused and said staff on hand could take care of these areas. The same staff that stood by and let it continue before. Are they required to educate my child at home until we can get these issues re

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  • Classification: ANXIETY DISORDER

    Mary:  My son has been dx with anxiety. Anxiety is a neurobiological disorder. His medical team and I believe his ED classification ought to be changed from ED to OHI. He used to be dx (by his pcp) with ADHD. I feel the school treats him in a way that he is controlling his behaviors when incident after incident show he was over stressed and reacted. I live in NY. Are there any good resources that I can use to fight the

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  • Modifications: MODIFICATIONS IN HIGH SCHOOL IN VIRGINIA

    Claire:  My son’s Case Manager tells me that you cannot have modifications in a high school SOL course. This does not sound lawful, and goes against the meaning of an INDIVIDUALIZED Education Plan. My son has always had major modifications and is fully included in 8th grade (and always has been). But when discussing high school transition, I’m told in high school he can no longer have these modifications in SOL courses. He will not pass them without MODS. He will not pass SOLs anyway… but my son is a very unique situation. Pleas

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  • Preschool: PRE K BEHAVIORAL ISSUES

    Samantha:  A pre k student with behavioral issues is bullying other students he chokes punch, kicks and I’m not talking little one he leaves marks the principal say she cant expel him because he has special needs because of his behavioral problem so if he special needs cant they put him in a classroom by himself away from the other children so no more kids

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  • Eligibility: IEP TEAM WANTS SERVICES, SCHOOL SAYS EVAL IS NEEDED

    Julie:  I would like some legal clarification. If a student has an IEP for a Speech and Language impairment (receptive language), and the IEP team feels that additional academics services are warranted, isn’t it the legal right to have those additional services? We are being told by administration that they need to be evaluated and found eligible for another area of eligibility (i.e. SLD) in order to access resource room or teacher consultant s

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  • Compensatory Ed: HOW ARE COMPENSATORY SERVICES PROVIDED?

    Tricsh: My son is entitled to a large amount of speech compensatory services, and the school district is saying they are to be provided during his school day. However this takes away from his regular school day schedule, how can it be compensatory if it is taking away from a regular sch

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  • Behavior: MAGNET SCHOOL ISSUES

    Shirley:  I have a child in kindergarten enrolled in a Magnet School that requires you to make a certain grade in conduct to remain in the school after Christmas break. He is very smart but has been clinically diagnosed with ADHD, ODD, Separation Anxiety & Adjustment Disorder. We are getting him on tract but we have used all of our c time figuring it out. Because of it being a Magnet School do we have any recourse for getting back some of the time we use during the testing period. Can we in any way legally request a time extension or can they do as they wish because of the fact that they are a Magnet

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  • Section 504: SAMPLE 504 PLAN FOR PRIVATE SCHOOL

    Denise:  Are there any samples/examples of the way a 504 needs to be written for a dyslexic student in a private school? Student is already receiving accommodations but will be entering HS next school year. Would like current accommodations listed in 504 so it can transfer to HS. Was told a principal could writ

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  • Modifications: SDIs

    Tim:  Who is responsible for implementing Sdi’s ? For example: highlighted words or symbols on tests and

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  • Accommodations: ONE SPECIAL NEEDS STUDENT CONFLICTING WITH ANOTHER

    Lois: My ASD son auditioned and made the cut for the audition only jazz band in high school. He has the accommodation to have visual and auditory distractions reduced. The school is bringing nonverbal students into his audition only class for enrichment. The sounds the nonverbal students are making are setting him off causing him to have outbursts. They tell him to ignore it and that the nonverbal students have the right to FAPE and to sit in on his class. There are other band classes that aren’t audition only. They won’t budge. Having a hard time getting son to accept this because they didn’t have to

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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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