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

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Current Topics & Questions

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  • Restraint: BEHAVIOR PROBLEMS AND RESTRAINT

    Camille:  My son has been put out of school numerous times and has behavioral problems. they restrained him. What shou

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  • IEP Meeting: HOW LONG CAN A SCHOOL DISTRICT DELAY A FOLLOW-UP IEP MEETING?

    Hank: Facts: A doctor who assessed my son for an IEE stated in an IEP meeting that he was harmed, underassessed, misassessed, previously misdiagnosed, and given improper services by the District (Really!). Time ran out before the IEE recommendations were made and discussed. The IEP team agreed to a follow-up meeting to go over the recommendations before presenting an offer of FAPE. Nine weeks later the District still has not scheduled a follow-up meeting and my son is not receiving the services he needs. Question: How long can the District delay a follow-up IEP

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  • Goals: SAME GOALS FOR 4 YEARS

    Jen: My 9yo son has had the same exact goals for four years now. He's in 2nd grade and has Kindergarten goals such as counting to 100 by 1's, 5's, 10's. Sounding out CVC words and other basic skills. He has dyslexia, dyscalculia, dysgraphia and ADHD from an IEE. School insisted was boarder line cognitive, which is completely inaccurate. What can I do to get my child a free appropriate ed

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  • Eligibility: EPILEPTIC CHILD – NO IEP ONLY 504 PLAN

    Cecelia: My son has epilepsy and was diagnosed in the spring of 2015 when he was in 7th grade. it took the district until the Spring of 2016, 2 months before 8th grade graduation, to actually get something going for him to help his situation. however no matter how much I tried to get him back on an IEP (he had been on an IEP from 1st - 5th grade) they would not do it. The only option they gave me was a 504 plan saying as he was going to be entering High School soon that was the best they could do. Is this correct? I feel/see he needs way more help than what they have implemented for him on the 504 plan. How do I request better assistance at school when it comes to his education. I feel he is

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  • Educational Records: HOW TO REQUEST RECORDS?

    Kristy: I live in GA and would like a copy of my son's IEP recordings that the school has. Can I request a copy of these audio recordings? Legally does the school have to reply? When requesting my son's records from the board of education is there particular wording I need to use in order to get all records they have? Thank yo

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  • Re-Evaluations: REEVALUATION REQUIREMENTS FOR SPECIAL EDUCATION SERVICES

    LaQuita: Is it a law that the child has to be retested or reevaluated for special education every 3 years if already have IEP. ( Child qualified for special education in 5th grade now in 8th and was later diagnosed with dyslexia also challenges with attention. Can no additional data be checked on the IEP teams decision regarding reevaluation. The school is telling me that he qualified for special education in intellectual IQ 97 and achievement but they're only going to retest in behavior hearing vision and observation. If pass those, he might not qualify for special education. PLE

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  • Classification: WHAT IS OTHER HEALTH IMPAIRMENT?

    Anu: What is other health impairment. The school wants to evaluate my child for OHI. Will it cause any harm? He already has a adhd diagnosis from a psych

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  • Aides: HOW LONG CAN A CLASSROM AIDE SUBSTITUTE FOR TEACHER?

    Janette:  How long is an aide or Classroom assistant allowed to be with a classroom without a regular

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  • Dyslexia: PRINCIPAL REPRIMANDED DAUGHTER FOR FAILING GRADES

    Tina:  My daughter has been struggling all school year and had come to me telling me she was having problems with reversing letters. Long story short, she was just identified Friday with a reading comprehension disability and signs of dyslexia tendencies. School wasted no time to change her classes to get her help right away to take place yesterday. However the school principal called her to the office and reprimanded her for her failing grades. Proceeded to use a saying to "either jump off the cliff or pass". This is bothering me because she was just identified and I feel this is wrong because she is not just not working but clearly has issues. Is what her principal did wrong? can I keep this from happenin

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  • Homebound Instruction: SCHOOL SAYS NO ACCELERATED COURSES WITH HOMEBOUND INSTRUCTION

    Stephanie:  My 15 year old son has ADD, depression, anxiety, and is suffering from a form of inflammatory bowel disease and has no control over his bowel functions. As a result, he has missed many days of school. We requested a 504 in October and then an IEP in December and they are in the process of evaluating him for both. In the mean time, the school has suggested we pursue partial homebound school, which our district provides. We are half way through the school year and the district (we are in Virginia) claims that if he switches to homebound he will have to drop his AP course and switch his honor courses to academic courses. Is it legal for them to make him switch? Not only would he be receiving a less stimulating education, but his GPA would be impacted because

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  • ESL / ELL: NOT LABELED ELL BUT SHOULD HAVE BEEN

    Melissa: Our daughter was adopted from India at age 4. On her Kindergarten enrollment form we put 2 foreign languages down as her first languages. I have a copy of that form. There was a "mistake" and the "secretary" entered "English" into the system. Our daughter was never given the WIDA Access test. She was in 4th grade last year we fought to have her tested and she was labeled ESL. Do we have any recourse for the mistake they made and for those years of her never receiving the help she needed? Did they violate the law by not having her tested even though we stated two different foreign languages on her enrollme

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  • Evaluations: AUTISM EVALUATOR?

    Lenore:  Several years ago I recall reading on wrightslaw.com website that if a parent suspected autism to be a handicapping condition, then the school district needed to select an evaluator who had training and experience in autism. Is that still the case? Is it state specific (I live in NY)? If this is true, and the district does not have a qualified staff person to perform the evaluation, can the parent request an IEE with a neuropsychologist who has the proper training and exp

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  • Dyslexia: NEW JERSEY, PUBLIC SCHOOLS, BERGEN COUNTY, DYSLEXIA

    Heather:  I need advice on the best public elementary schools in Bergen County, NJ for being dyslexia friendly with accommodations and providing reme

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  • Observation: CAN MY SONS COUNSELOR OBSERVE HIM AT SCHOOL

    Tiffani:  I was told my son's counselor can not come during "certain" times to observe him at school. Is th

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  • Consent: HOW LONG IS CONSENT TO RE-EVALUATE VALID FOR?

    Vanessa:  How long is consent to re evaluate va

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  • FERPA: DOES FERPA LAW PROHIBIT CLASSROOM OBSERVATION?

    Martha:  Does the FERPA law prohibit parents from observing their special needs child during class if they are taking a test with the inclusion teacher or homeroom

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  • Accommodations on Tests: DSM DIAGNOSES FOR ACT/SAT ACCOMMODATIONS

    Erica: Is a DSM diagnosis required to document the request for accommodations on the

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  • Evaluations: SCHOOL REFUSES TO EVALUATE BECAUSE OF ABSENCES

    Tera: I live in Oregon. I have requested my sons school to test him for learning disabilities which they did and said they needed to retest due to attendance, which was a problem at the time, but that was two year's ago and is no longer a problem but the school insists that they wont test because his attendance is bad. We are now at a new school and going through the same thing, they call me almost daily about his behavior and want me to attend meetings but continue to ignore my concerns. Please help Ive gone to the doctor they referred me to a psychologist who is going to test for autism spectrum disorder but nothing else. Please help I am beyond frustrated at this point. I dont know how to get him the help h

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  • IEP Meeting: MEETING TIMES AND DATES

    Linda: Do IEP meetings have to take place between the hours of 7a.m. and 2:30p.m.? I am of the understanding that IDEA states a mutual time an

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  • Services: WEEKS OF MISSED SERVICES BECAUSE OF TEACHER ABSENCES

    LJ:  When my child's SPED teacher is absent/has a meeting/is ill, he doesn't get pulled for services, nor does he get in class services. At this point, he has missed many weeks of services all together. Do they HAVE to provide a SPED teacher daily? How do I get them to make up lost s

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  • Evaluations: TEXAS DISTRICT KNOWINGLY DESTROYED EVALUATIONS TO DENY SERVICES

    Connie: I reside in Texas and believe my 12 y o son was one of many affected by the 8.5% cap the Texas Education Agency arbitrarily placed on enrollment in Sp ed. as he should of received services starting 5 years ago. Through request of son's student record (3 requests to get the record only 24 hours before 504 when began requesting 1 week before )I realized evaluations I had provided were missing from four years prior. I provided school with psychiatric and psychological testing when he had behavior problems in kindergarten, ADHD dx and placed on meds. More behavior problems and the school had an RTI meeting with a school psychologist in attendance, I again provided another psychological exam. School said would contact me to schedule a meeting, never contacted, school refused further testing. I then had a private evaluation by

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  • ESL / ELL: ADOPTED CHILD 4 YRS OLD, SPEECH THERAPY ASSESSMENT?

    Elizabeth: (WA State) Our daughter adopted from China was tested originally by the Birth to Three folks when she first came home and they were unable to test her Speech (it is "culturally loaded" test, they did not have anyone who spoke her dialect to test her). Fast forward 15 months, she is now over three and qualifies for school district services, the school district tests her and they say because she is making all the sounds a 15 month old does she is fine. Is this right? If it is how long are we supposed to wait to test again? She is very hard to understand. When I compare her speech to my friends children of the same age that came home at roughly the same time, I can see she is behind. She does get PT with the school district.

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  • Reading / Written Language: LOW AVERAGE IQ AND LEARNING DISABILITIES DISCREPANCY

    Dinise: Child has IQ of 84, school states she is functioning at ability level. 4th grade but reading 2nd grade, poor language skills, very poor written language No RTI in school, even though 2nd grade IEP states, "30 min RTI in resource room for written lang" See many processing difficulties. School states no disability that she is where expected. We disagree. Will not use professional judgement. Where do we go from here. We have your books, but are at a loss. Th

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  • Transfers: TRANSFERRING SCHOOL DISTRICTS

    Brooke:  Our current school district's special education system is not so good. The district just a few minutes away has a fantastic one. Are there any laws or loopholes we can use to get into this district without moving? My daughter has a very rare genetic syndrome and is in her last year of pre-k. Ironically, the university in this good school district is one of the few institutions working on a cure for her syndrome. Can I use that in

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  • Transportation: TRANSPORTATION FOR SPECIAL NEEDS

    Teri:  I live in Ohio, my 3 year old nephew attends preschool. the bus picks him up at home then drop off is a block away. He has autism & IEP. the bus passes my house to the drop off bus stop.? Should he be dropped off

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  • Homebound Instruction: 60(+) ABSENCES- SCHOOL REFUSES IEP

    DR: Excessive absences are impacting my son's educational 'experience', but because he's a smart kid with high test scores the school says there is no academic impact and is denying him appropriate Homebound Instruction. Aren't both the 'experience' and the 'academics' included in determining IEPs and right/eligibility to homebound instruction? If so, how can we fight for this-whats our next step? District said would only consider it if he was hospitalized for extended period or had something life threatening. BACKGROUND: -District insists 'no academic impact'=no additions to IEP. -Receives IEP for Speech and OT for handwriting. 504 modifications for ADHD, Sensory Disorder, and Anxiety. Allows Fidgets, wobble seat, etc but modifications/accommodations are STILL being implemented despite being some going back to 2014. -Homebound Instruction Certification: Asthma, Ehlers Danlos, Anxiety, Migraines, and IBS. Currently offering tutoring only for 45 minutes twice a week,

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  • Class Ratios: INCLUSION CLASSES

    Stacy:  What is the maximum percentage of special education students placed in an inclusive cl

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  • Aides: ONE TO ONE AIDE CHANGES CONSTANTLY

    Abeer:  During the IEP we agreed that my child (CP with mobility problems and speech delay) will have a one to one aide and my child will be mainstreamed. But since we begin they keep changing the aide which affect my child behavior and of course her attention in the classroom and her academic level.... i dont know what can i do? I kept talking to the school principal but their answer is we can't find

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  • Evaluations: 504 PLAN FAILING, RTI BEFORE ASSESSMENT?

    Cindy:  Hi! I am a new advocate and have a student who has a 504 plan. I'm suspicious that he might have Dysgraphia because his writing inside and out is horrendous. I understand RTI has to take place before I request an Special Education assessment. Is there any way around not doing to the RTI and going straight for the assessment. The school has not held up their end of t

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