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

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Current Topics & Questions

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  • LRE: CAN CSE DENY CHANGE TO MORE RESTRICTIVE SETTING

    01/13/2017

    Doreen:  If a student has Consultant Teacher services but skips classes and is failing, can a CSE deny a change to a more restrictive setting if test scores reveal a low IQ and reading and math levels 4 years below grade level which would be better academically suited for a 15:1 placement ...or at least add a resource

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  • Social Promotion: CHILD CALLED TROUBLE MAKER, DENIED IEP, MOVED TO NEXT GRADE

    01/13/2017

    Maryann:  I live in Pennsylvania. My son was away in Florida for a year in a traumatic situation. When he returned, I registered him In local public school and principal suggested he start in 7th grade to finish for the remaining four months and start fresh the next year for 8th. The vice principal picked him out and basically bullied him every day. He came home every day with a story and every day I called them. I was told the kids that made friends with him are not good kids and he should make better choices. I made an appt for a meeting and was again told he needs to make better choices with friends. About two weeks later I was notified that he was being moved up to 8th grade because he was on the 8th grade level and academically

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  • Accommodations on Tests: CAN “RE-TAKE TEST” BE AN ACCOMMODATION?

    01/13/2017

    Ellen:  My daughter has had an IEP since Early Childhood for initially LD but now for ADD too. She is currently a Junior. I want to ask for test retaking abilities as a accommodation. Our school district is really horrible with implementing her goals. Her GPA is taking a huge hit. An example is in her math class she was getting a high B first semester. The teacher went on maternity leave Oct. 30th. The long tern sub was "locked out" of the grading system for 5 weeks. He "was not able to" put scores into the system until Dec. 10th. I was e-mailing him and asking about scores and he was telling me he was going to do it but waited until 6 days before the end of the semester. Her grade was dropping like a rock and no one seemed

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  • Accommodations on Tests: REQUEST FOR NON-UNIQUE TESTING ACCOMMODATION BUT TOLD NO

    01/13/2017

    Dana:  In our state we have a non unique testing accommodation for computer based testing (CBT) which allows students to have a "reading passage booklet" for the reading CBT. This booklet only contains the passages and not the questions. This paper text then allows for highlight, text marking, etc. and then the student answers the CBT questions on the computer. The student(s) have classroom accommodations of: reading booklet, colored highlighter, diagramming/graphic organizers, text marking. I have administered this test before and know there is not an option for varied color highlighting, they cannot text mark, and any comments must be written in a "notes" pop box that does not stay open. In class we use paper based strategies for about 80% of the time and students use the strategies wholly and have made great progress. However, the testing and reading programs for

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  • Absences: IEP COMPLIANCE WHEN STUDENT MISSES HALF DAY, EVERY DAY

    01/13/2017

    Angela:  I have a student who received a diagnosis of dyslexia over winter break and upon returning to school her mother said she would be absent for half the school day, every day for the next four to six weeks for therapy from the diagnosing facility. My question is by the time the child gets here, they are in specials (PE, Art, etc.) and recess and there is very little time left to complete the nearly 60 minutes required for her IEP each day. Am I out of compliance if they parent pulls their child from school f

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  • Confidentiality: IEP PRIVACY

    01/12/2017

    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?

    01/12/2017

    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

    01/12/2017

    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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  • Bullying: TEACHER BULLYING SPECIAL ED TEACHER

    01/12/2017

    Karen:  What can be done when a general education teacher is bullying the Special Education teacher in a small school? Where no matter how many times it is reported nothing is done about it. Not only is this general education teacher bullying the Sped teacher other teachers and some of the Sped s

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  • IEPs: SCHOOL SAYS THEY ARE PROHIBITED FROM LISTING DETAILS ABOUT SPECIAL SERVICES PROVIDED

    01/12/2017

    Noko:  My school SpecEd Dept refuses to detail the nature of Special Services being provided to help my child reach goals, saying they are prohibited from doing so -- for example, describing a service only as "study skills consult", when in reality, it is a 10 minute end-of-day meeting to teach homework planning, use of assignment calendar, and assure all assignments are correctly detailed, etc... I am concerned that if the Service here is not detailed, a new teacher, substitute, new SpecEd case-manager, etc... would have no idea what is to be performed... Is there any legal authority I can show them? Their position seems illogical, and would make it virtually impossible for the parents to enforce the non-provision of this service, as their description is so vague...

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  • Progress: LACK OF PROGRESS, STAY PUT IEP

    01/12/2017

    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

    01/12/2017

    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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  • Placement: OUR DISTRICT IS FAILING, WE HAVE TO PAY FOR OUT OF DISTRICT PUBLIC SCHOOL

    01/12/2017

    Anna:  Our county school district is failing and special education being sued. We have to pay the county tax fee of $8000 to send our son to another district's public school. Are there programs to help pay for this? Or is there a way to not have

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  • Evaluations: DISSENTING OPINION ON EVALUATION, LITTLE PROGRESS IN RTI

    01/12/2017

    Ellen:  I am considering filing a dissenting opinion on an evaluation completed by my special ed team. I am an SLP who has been working with the student for over 4 years. She has a clear Oral Expression disorder and is failing in class on the CCS required. We (gen ed teacher, Title teacher and myself) referred her for additional testing in all academics. The psych and sped teacher are only looking at standardized scores that do not reflect a split needed for LD. She received RTI in reading for three years with some progress on DIBELS but that is not reflected in her class work. No RTI is offered in 4th grade so there is no other progress data other than what the teacher has. This student needs more that just SLP intervention. I have the scores to backup the Oral

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  • IEPs: DISTRICT LOST IEP

    01/12/2017

    Gwen:  I called to set up a review of the IEP. The district can't find the IEP and asked me to send them a scan of my copy. I will do that, but what are the rules about how long districts need to keep an IEP in California? It's been a year and 7 months since the init

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  • Suspensions: PARENT NOTIFICATION

    01/12/2017

    Jerry:  A student has been placed in a residential home for juveniles. He is a special education student. He has been suspended for use of drugs. The residential home has guardianship. Does the school have to make contact with the parent about the suspension since the student no longer resides with

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  • Re-Evaluations: REQUESTING DRAFT IEP FOR TRIENNIAL REEVALUATION

    01/12/2017

    Emily:  I recall parents have the right to request the IEP draft prior to IEP meeting, but my school district (northern NJ) refused to give me one. My son is also due for every three year reevaluation and I want to know what is the standard procedure since my school district always wants to cut

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  • Confidentiality: CONFLICT OF INTEREST

    01/12/2017

    Linda:  can a compliance supervisor observe an IEP

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  • IDEA: SCHOOL COUNTING DEMITTED STUDENTS

    01/11/2017

    Jean: Should the school continue to count and receive federal money on a student included in core data when the student was

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  • Eligibility: DENIED AN IEP – DISAGREEMENT WITH SCHOOL DISTRICT

    01/11/2017

    Lisa:  My son was denied an IEP and 504 plan even though he was medically diagnosed with ADHD and falls into the performance deficit model due to high IQ and low performance in the area of writing in the classroom. After years of asking for support and a full evaluation, he was denied any support. I would like to write a letter to the school district that I disagree with their decision and would like a new meeting. I need help writing the letter. Any other suggestions would be greatly appreciated. Th

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  • FAPE: SUB-SEPARATE PLACEMENT

    01/11/2017

    Stay Informed:  Is it legal to have a sub-separate for just one student when the student will be one-to-one more than 60% of the day? Isn't this a denial of FAPE when the student is not provided with an appropriate peer group? The student has an intellectual impairment and is not

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  • College / Continuing Ed: PREPARING FOR COLLEGE FOR SPECIAL ED HIGH SCHOOL SOPHOMORE

    01/10/2017

    Barbara:  My daughter was diagnosed with Leukemia on her 6th birthday, fought for 2.6 years, went into remission for 10 months, then relapsed and eventually needed a bone marrow transplant. She missed most of elementary school. She is classified as a Special Education. She is now 15 and a sophomore. She wants to go away to four year College but her academics are not up to par. Where do you recommend we start looking? I understand we need to flip her to a 504 plan that will follow her through but I'm lost with how we start looking for a College. We live in NJ and would like her to look in NJ or a neighborin

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  • Placement: TRANSFER FROM SPECIAL ED CLASS TO A REGULAR CLASS

    01/10/2017

    Leon:  I would like my daughter to be transferred from special ed class to a regular class.  She is in 6th grade right now.  She graduated 5th grade and was transferred to middle school. When she was 7 years old, she went to school and they decided to place her in IEP class where she was getting help with ESL. Currently she speaks fluently and she has no special ed needs, she was never diagnosed with MRDD or DD, nor did she have a behavioral problem.  She was in need for speech and language (English) help. So, now she is in middle school and they placed her in special ed class where they have MRDD and DD kids, who really have special needs.  My daughter is crying almost every day to help her to get out from special ed class.  She is

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  • Section 504: DENIED TWICE, NOW LOSING ALL ACADEMIC CREDIT

    01/10/2017

    Marybeth: My daughter is 15 and in 10th Grade in NJ. She has missed about 25 days due to illness. Most of the days are due to vomiting, diarrhea and fatigue. She has doctors notes for 90% of the days. Her pediatrician requested a 504 in October but it was denied. She is presently seeing a gastroenterologist to figure out what is wrong. This problem is being compounded by the school administrators telling her they are taking away all of her credits for this year and don't care if she graduates in 4 or 5 years. She is also working with a therapist at this time. All 3 doctors are requesting a 504 once again. How do I go about having her absences excused and getting her the credits to graduate on time? I have another meeting with the school this Friday

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  • Complaints: STATE COMPLAINT, FAILURE TO ABIDE BY MEDIATION AGREEMENT

    01/10/2017

    Kelly:  We mediated with the district in 09/16. The district failed to comply with many issues agreed upon. Can this failure be addressed in a state co

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  • IEP Team: IEP MEETING PARTICIPANTS

    01/09/2017

    Kathy:  I have several students who do not have a regular education teacher as part of their academic program. We are required to have a regular education teacher as part of the meeting. Sugg

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

    01/09/2017

    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

    01/09/2017

    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

    01/09/2017

    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

    01/09/2017

    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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  • Inclusion: CLARIFICATION ON INCLUSION

    01/09/2017

    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

    01/09/2017

    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

    01/09/2017

    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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  • Eligibility: TEXAS ISD WANTS TO REMOVE IEP AND PROVIDE 504 INSTEAD

    01/09/2017

    Carolina:  Daughter has an IEP for SLD (Dyslexia). We just moved toTexas and the first call I received from the diagnostician was already bringing up red flags. She spoke about how KISD does not consider dyslexia a learning disability??? Then spoke about how they typically service dyslexia with a 504. Sounds like they want to remove IEP and go down to a 504 (which we had before obtaining IEP). Also said they needed consent to begin services even though her IEP from Florida is in compliance and I know at least in FL. we honor and begin services before the out of state transfer meeting. Any advice, advocacy contacts, or facts to arm myself with for my upcoming meeting would be greatly appreciated. Seems like they want to take federal law and make their own interpr

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  • Accommodations: HOMEWORK ACCOMMODATIONS

    01/09/2017

    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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  • IEP Meeting: AIDES NOT ALLOWED AT IEP REVIEW, IS THERE A LAW?

    01/06/2017

    Sarah:  We are having an issue with admin forbidding paraprofessionals from attending meetings.  Is there a law that says we can invite them and have them participate? T

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  • Progress: PARENT NOT RECEIVING PROGRESS DATA

    01/06/2017

    William:  I have asked numerous times for progress data on services delivered by the SLP only to hear she's making progress. It even goes to accusing me of targeting the SLP and questioning her professionalism by asking any questions about process of delivery of services. Any suggestions on how to deal with this si

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

    01/06/2017

    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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  • Aides: IS A 1:1 AIDE REQUIRED?

    01/05/2017

    Vanessa:  Child (2) has Spina Bifida, non verbal, ability to crawl, bottle fed special diet or feeding tube, requires diapering, uses manual wheelchair, transitioning from medical childcare to public preschool, mom wants 1:1 aide.  school denies, stating they cannot provide an aide specifically for this child, must be available to assist in classro

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

    01/05/2017

    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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  • Sports Eligibility: 504 PLAN FOR ANXIETY

    01/05/2017

    Lisa:  My son is a freshman in High School and has a 504 plan in place for anxiety. He is having a hard time in school adjusting to high school and keeping his grades up despite the accommodations we have in place, most of which are not being met. He is on the freshman basketball team and is not allowed to play right now because his GPA in below 2.0. Is there anything in the law that prevents a child with a 504 plan from being penalized in t

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  • Truancy: SCHOOL REFUSAL, IEP, AUTISM DIAGNOSIS

    01/05/2017

    Jennifer: Help! My son has an ASD diagnosis, Selective Mutism, communication and severe childhood Anxiety. Despite the letters from his previous Drs And therapist as all absences should be considered medical and mental health related issues. I just received a truancy letter. I live in CA. Isn't there some exception for children from being marked tardy and truant with a history of school

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  • Parent Rights: DISAGREEING WITH THE PROPOSED IEP

    01/05/2017

    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?

    01/05/2017

    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

    01/04/2017

    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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  • Class Ratios: CLASS SIZE VARIANCE NY

    01/03/2017

    Laura:  I teach a special class (15:1) secondary English class. my current enrollment is 15 students. The district wants to add a student to my class, putting me over the state approved limit, by getting a variance. Does the variance need to be approved by NYSED BEFORE the student can be added to my class? And do all parents of the other 15 students in my class need to be informed first? Information I have found on NYSED website is a little co

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  • FAPE: FAPE/ DISCRIMINATION AND ARD COMMITTEE PARTICIPATION REQUIREMENTS

    01/03/2017

    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

    12/31/2016

    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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  • Parent Rights: SURROGATE PARENTS

    12/30/2016

    Shannon:  I am a Program Specialist. I have several students that live with family members. Family members have been given guardianship by the courts but ed rights have not been removed from parents. Our district legal counsel states that we need JV-535 in order for guardians to sign off for assessments and make educational decisions. However, the more I research it appears the the legal guardians ( both relatives) should meet the definition of "parent" and the district should be able to proceed without providing an outside surrogate. My SELPA agrees that we should be able to proceed with the current guardians...however, district personnel is in disagreement. They are stating that JV-535 should be provided or an outside surrogate is necessary. Do you have any clear, concise information that you can

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  • Discipline: ZERO FOR TALKING DURING A TEST

    12/29/2016

    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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