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

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Current Topics & Questions

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  • Graduation: IEP STUDENT LACKS CREDITS, CONTINUATION SCHOOL NOT AN OPTION

    Ema:  My son who has an IEP and is a senior is behind schedule to graduate. He failed a few classes, but has been trying hard to make them up after school. He is frustrated cause his goal is to graduate on time, but when he met with his counselor he was told he would not graduate cause he still was missing some credits. He was told by his counselor that he had no other options of trying to catch up expect to comeback the following year. My son who is 17 was very upset. I immediately emailed his counselor and ask for an IEP. After some research I had found that the school district does have continuation schools in the area, but the counselor said it was not an option for my son. I am confused cause from what I know

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  • Services: WHICH DISTRICT DELIVERS SPED SERVICES IN PAROCHIAL SCHOOLS?

    Barb:  Which district is responsible for delivering special education services when the child's residence is in one district but the parochial school is located in another d

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  • Tests / State Tests: WAIVER FOR HIGH STAKE TESTS

    Tina:  The school is wanting to give my daughter a waiver stating that she is excused from high stakes testing because her low scores are not an accurate measure of the student's disability. Dad and I aren't sure this is the correct thing to agree to since she only missed the passing score by merely one question. My daughter plans to go to college and we want her to be certain this does not prevent her from h

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  • Class Ratios: TEACHER AIDES IN GENERAL EDUCATION CLASSES

    Sonia:  How many special education students can you have in a regular education classroom with only one

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  • Diapering: CHANGING TABLE IN THE OPEN ELEMENTARY CLASSROOM?

    Megan:  Hello. A colleague is being told that the changing table for her kindergarten-3rd grade students with moderate to severe disabilities, must be kept and used inside her classroom rather than in an actual restroom. I haven't been able to find any information about the legality of this request. Any information would be

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  • Assistive Technology (AT): NEED TOUCHSCREEN COMPUTER

    Charly: I  work as a special education teaching assistant and my student needs a touch screen laptop computer due to his disability. I have asked now for a second year for one. The ex ed department tells me that the autism classes have them and they don't have any left. The resource teacher that I work with tells me that there is a long process that we must use before we can ask for one. I have already tried to different things with this student and they don't work. He is non verbal with cognitive issues. He loves technology and he does well when he uses the teacher's ipad. Also, my school district bought millions of dollars of technology and they are giving it to different schools for their pilot projects but nothing for the special education students. Non special ed students

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  • Section 504: NEW STUDENT’S 504 COMPLIANCE

    Eric:  Can a 504 really require a teacher be made to respond to calls and emails by parents within 12 hours? Without distinction for nights, weekends, business hours? When I objected with admin they replied that they had better lawyers than we did. I am not going to, any

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  • Aging Out: SERVICES FOR COLLEGE KIDS

    Shelly:  My child is 19 and taking an art class at the local community college. We have been told she will no longer qualify for service now that she is a "college student" Is this

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  • Services: PERSONAL CARE SERVICES-FEEDING BY UNTRAINED TEACHER

    Rachel:  I am a special education teacher at a charter school in Texas and have a new student in my class with a severe physical disability, wheelchair bound and non-verbal. Part of her personal care services are that she is fed twice a day through her GI button. We do not have a school nurse on our campus although I have advocated for one. Are teachers responsible for feeding or is it the school's responsibility to hire a school nurse? I feel very overwhelmed with this task given that the only training I have received is instruction from her dad. I want what is best for my student and her family so that she can be successful and comfortable at school and for her family's peace of mind that this school is equipped to care

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  • Caselaw: IS 9TH CIRCUIT (DOUG C) RULING MEANINGLESS IN 2ND CIRCUIT?

    Karen: While the 9th Circuit ruled in favor of parents when District developed IEP without parents at the IEP meeting, does the 9th Circuit's ruling have any teeth in a different Circuit? I live in 2nd Circuit, but do not know if I can lean on this case ruling given it is from a different circuit. CT DOE, SPED division, told me the school had to hold IEP annual review meeting prior to IEP deadline even if I could not attend due extreme health issues. The school district would gather parent input outside of the IEP meeting and hold IEP meeting without

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  • FAPE: RESOURCE ROOM STUDENTS GET NO HS CREDIT

    Marilyn:  My son attends a high school resource room for his math class. He has completed all of his assignments which were modified according to his IEP. The school district has now implemented a policy that resource room students will not receive any high school credits. I am worried he will not receive adequate credits to graduate. How is this fair? Isn't it against some educatio

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  • LRE: NEIGHBORHOOD SCHOOL AND LRE

    Karen:  Does a school's written policy of "educating children with similar needs together" violate the requirement that a child be educated at his neighborhood

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  • College / Continuing Ed: COPY OF IEP FROM OVER 15 YEARS AGO?

    Nicole:  I am trying to help a student receive accommodations in a college setting. Unfortunately, he does not have a copy of his IEP and is 31 years old. How can I assist him in getting an old copy

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  • Advocacy: DO I HAVE TO HAVE A CHILD WITH DISABILITIES TO BE AN ADVOCATE

    Elena: Hello, my question is ,do I have to have a child with disabilities to get informed? I'm really interested in becoming an advocate. I currently work with adults. I am a coach and want to further my career.  honestly enjoy so much wh

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  • Tests / State Tests: IS STATE TESTING FAIR FOR AUTISTIC KIDS?

    Monica:  So here is my dilemma. Last year my 6th grade autistic son applied for the DATA program (a MAGNET Program) that specializes in technology. He was refused acceptance into the program because one of the requisites was to pass the STARR. My issue is this: when his results came back showing he made NO improvement, the district waved it off, stating he is autistic and cannot be expected to do well. If this is the case and it is expected, then how can they limit his ability to enter a program that is based on STARR passing? It seems to me that state testing is preventing him from being able to participate in programs that others are qualified for. This was the only requirement that he did n

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  • Transfers: STATE TO STATE MOVE

    Kara: My son is on an IEP I just moved this summer to a new state do they have to honor the existing IEP or can they re test and re

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  • Discrimination: WHEN SPECIAL ED STUDENTS DON’T HAVE ELECTIVE OPTIONS

    Monica:  My son in a 7th grade autistic child. Today the special ed coordinator called me to tell me that my son would not be allowed to take the elective that he requested due to a conflict in his schedule. I was given two alternatives: 1) take him out of co teach for his science class or 2) pick a different elective. Neither alternatives are acceptable to me because I feel that he is being discriminated against because he would be able to take the class if he did not require special education. The school takes the position that the schedule conflicts with the special education schedule so he cannot take the class. I think that everyone, including special education children, should have access to all electives. Is this discrimination? Principal and district special education director have not returned my phone calls

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  • Advocacy: SPECIAL EDUCATION ADVOCACY/CONSULTATION

    Barbara:  I have been a special education advocate in MA since 1999.  I would like to be listed as an advocate in order to receive referrals from families in MA and southern NH.  What is the process for being

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  • Goals: GRADE LEVEL GOALS IN IEP

    Dave:  If a mild/moderate student with a specific learning disability in a gen. ed setting is several grade levels below his/her current grade in a specific content area, or more than one content area (math, Lang. Arts, etc), what grade level should the goals be at in the IEP? I have my own answer on this, but too often I hear each district employee claiming to be following their own state mandates and federal statues but they all seem to do things differently and even opposite from each other from one district to the next. What federal or state statue addresses this? What mandate are they basing this off of? I feel for the case managers (special ed teacher) on this when some new district person is hired and then tells them all to do things differently and bases it on the

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  • Accommodations: TOILETING HELP FOR CHILD WHO “DOESN’T QUALIFY FOR SPECIAL ED SERVICES.”

    Amanda:  A 4-year old child has a medical dx of global developmental delay, but does not qualify for educational services based on his FIE from last year. He is ready for Pre-K, but is not toilet trained. Admin says that his parents can bring him to school but have to come up to diaper him throughout the day. Shouldn't there be a way to provide accommodations? 50

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  • Autism: SCHOOL TRYING TO DENY SERVICES

    Erica:  My 3 year old has autism. Can a publicly funded special needs preschool take away the services and pre-K program recommended on my child's IEP because I pick him up 2 hours early every day, if the reason for early pick-up is so he can receive ABA services at a different l

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  • Preschool: CHILD DENIED ACCESS TO PUBLIC PRE-K PROGRAM, NOT TOILET TRAINED

    Jan:  Is it legal for a school district to deny a three-year old child access to preschool if they are not toilet trained? There isn't a toilet in the classroom which is the basis of the d

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  • Goals: CAN IEP INCLUDE ONLY ACCOMMODATIONS, NO GOALS?

    Armando:  Can an IEP include only accommodations? No goals or anythi

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  • Aides: SCHOOL CHANGING AIDE AFTER 5 YEARS

    Confused:  I have been with my student since 8 grade year. I have been recently told that I would be transferred to a different school. My student will be a senior this year and has some medical issues and has seizures when upset or tried. Is there anything that could be done to keep me with the student until she graduates? The parents are against the whole change, but they won't us keeper t

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  • IEP Team: SERVING AS AN LEA REP ON IEP TEAMS

    Jen:  Can a School psychologist serve as an LEA rep on an IEP team for meeting p

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  • Aides: AIDES V PARAPRO

    Meg: I was hired as a 1-1 aide 15 yrs ago. 10 yrs ago, I moved to our pre-k disability class. Still as an aide i worked on IEP & ABA goals under teacher supervision. 3 yrs ago all aides had to get our parapro cert or lose your job. 2 yrs ago I was moved again to a newly created autistic class. We are a general ed district. I am still working on IEP/ DT, ABA goals. My salary has been frozen on an aide guide for the past few years. Generally do districts pay their aides & parapros differently? Currently we have 2 salary guides, aide & assistant. The district does not hire aides anymore. Only parapros (w cert) & assistants (w min 60 credits). I am currently going for my RBT cert & highly doubt I'll get any extra

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  • Extended School Year (ESY): STATE ESY REQUIREMENTS

    Robyn:  In my Wrightslaw All About IEP's book on page 107 it states, "The school may not: Unilaterally limit the ESY services to a set number of days or hours of service." However, on my state's education website (#6) it states the school district is, "not required to be provided all day, every day, nor each day during the week or month." It refers to the Crawford case. So do states set their own ESY requirements? Here's the link to mine: http://www.mde.k12.ms.us/MBE/manual/policy-7200-special-education/policy-7212-extended-sch

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  • Placement: CHANGE IN PLACEMENT

    Susan:  Is a change from full school day to hospital/homebound or a modified day considered a change in placement or s

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  • Truancy: REPORTED FOR TRUANCY, EVEN WITH DOCTORS NOTE EXCUSING ABSENCES

    Nicole:  My 9 year old daughter's school reported her for truancy, after missing several days. She has several ongoing medical issues which they are aware of. She has an IEP plan in place stating exactly that. Even with a doctors note supporting me with her absences, the truancy officer said he didn't care and wasn't accepting the doctors notes. He referred me to the Illinois States Attorney. Please

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  • LRE: PROGRAM FULL, SCHOOL CHANGES TO DIFFERENT LOCATION

    Marcia:  Parent is told that child will attend X school in the fall (it's the zoned school for the child). Three weeks later she receives call that X school is full in her child's program and they are transferring him to Y school for the same program. Can the school make that decision to change schools or must they hire more staff to provide service at local

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