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

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Current Topics & Questions

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  • Bullying: RIGHTS OF STUDENTS IN GENERAL ED VS. SPECIAL ED

    CMD:  what are the rights of a 3rd grade girl who is being bullied by a special education boy. He ask girls to unzip their coats so he can see their shirts, if they don't do it he hits this little girl. He won't let her use a red crayon without hitting her. If he gets mad or has a melt down, he comes back to class and goes to her cubbie and throws her things a round. If some turns a way he doesn't like he hits her. She is terrified. Why does his rights allow him to hurt her all scho

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  • Behavior: NO SERVICES, GETS EXCLUSIONARY TIME OUT

    Tina:  My daughter is going through the early stages of "diagnosis" in the public schools (she is in 5th grade)-she has struggled with school since first grade. The school conducted preliminary evals in first grade and determined she wasn't eligible for services. She has social skill deficits, anxiety and behaviors that kept her sitting under a table for most of her first grade year, destroying school property (books etc). But the school said it wasn't impacting her learning = no services. I told them it would resurface later. It has. She is having an awful 5th grade year. Her teacher told us the she feels "helpless" in assisting my daughter. They put her in a 90 minute "time out" outside of the classroom to "think" about her behavior, it was only moderately supervised. I kept her out of school yesterday...what do I

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  • IEPs: UNABLE TO FINISH TRIENNIAL IEP

    Kim:  My son has had a speech and occupational therapy IEP for years. He is in 2nd grade and I initiated an autism screening many months ago. The district is now holding a triennial IEP, listing autism as the disability. There has not been an occupational therapist in the district since my son started at this school many moths ago. They are now saying that because they can't do the occupational therapy assessment this will remain as an "open" IEP. So, my son has to continue to wait for the changes in services and modifications pending the "closure" of this IEP. Is this legal? How long can they hold this IEP

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  • Section 504: IEP TO 504 FOR COLLEGE

    Andrea:  I currently have a private school student ready to graduate from private school. His IEP expired 5 years ago and he has been on a Service Plan since then. I will be asking his college to write the 504. Do I have to have an IEP exit meeting before I can apply for a 50

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  • Teacher Issues: TEACHER SPECIAL ED. HEADCOUNT

    Sherry: I teach a separate setting classroom but also help with students who have similar goals in areas of literacy. For example is a student is in need of letter id, comprehension, or sightwords and that is all they qualified for and I am assigned to that student. The county asks me to serve the student in the area of need but will not allow me to include that student on my headcount, instead the students name is on another teachers headcount in the school who does not work with the student. Is this legal? Why would they want a student to be listed on a headcount of a teacher who does not work wi

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  • Transition to Middle School: MIDDLE SCHOOL WANTS TO REDUCE MY SON’S CURRICULUM

    Paula:  We just had a transition meeting with my son's new IEP team from middle school. They told us that they want to put him in resource Math, Language Arts - which will teach part of the grade curriculum as well as remove science completely. They are pressuring us to accept this arrangement. In the past too the school district would just sail him through grades with barely completed work. I am concerned that with this rate he will not know enough to go to college. How can we make the school provide complete grade level curriculum with more 1:1 support to achieve it? Is there are way we can include before or after school study time supported by an aide in the IEP that can help him catch up to missed class work or l

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  • Documentation: ARE SCHOOLS REQUIRED TO KEEP RECORDS OF A CHILD’S ATTENDANCE AT SERVICES?

    Denise:  My daughter is claiming that she has not been pulled out for math intervention every day, as required by her IEP. When I asked her case manager (who happens to be the math resource teacher) for a list of dates my daughter was served and the areas worked upon, the case manager said she doesn't "take attendance." Isn't some kind of documentation mandatory? How do I handle this, and what recourse do I have (i.e., having the district make up the services over the summer

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  • Teacher Issues: FUNDING FOR GEN ED TEACHERS

    CJ:  Just a curious question, if a general ed teacher(algebra, or geometry, or etc) has a special education inclusion teacher or assistant in the classroom every class, and the class was an inclusion class, would there be any funding for the general education teacher's

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  • Evaluations: INITIAL EVALUATION REQUEST DENIED

    Terri:  Illinois Law contains language describing criteria that must be met in order for an LEA to deny a parent's request for initial evaluation. Is Illinois out of order? Does the absence of IDEA language regarding whether an LEA must honor a parent's request for an initial evaluation afford States the right to indicate situations in which a request for initial evaluation may be

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  • Related Services: ARE SOCIAL WORK HOURS MANDATORY?

    Vince: We had my child's IEP meeting a few days ago, and we were told that he had to have social work and group therapy at the school because of the nature of his eligibility determination. My wife and I strongly do not want him to receive therapy at school. Our son already is in weekly counseling that we pay for privately (and which we have not asked the school to reimburse). We do not want him removed from the classroom to spend time with the school's social worker, who is an unimpressive figure that our son views with contempt. More importantly, perhaps, our son is highly resistant to therapy and the more time that he spends in it, the more resistant he gets. Quite simply, we feel that imposing this mandatory social work time on him will harm him, not help

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  • Due Process: DO GENERAL ED STUDENTS HAVE SAME RIGHTS AS SPECIAL ED STUDENTS?

    Jamie:  Do general education students have the same rights as Special Ed students? Special Ed students have the right to due process hearing transcripts, does general ed student also have tha

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  • Behavior Plan: SCHOOL SAYS STANDARD BEHAVIORAL PLAN IS ALL THEY OFFER

    Brandy:  We are in Texas, my fifth grader has an IEP for Autism and OHI, and has recently been dx with Anxiety disorder and Depression. Her doctors and therapists stated that she needs a behavioral plan based on anxiety and trauma, but the behavioral plan we were given to review is full of rewards(which increase her anxiety) and detention(which does nothing to change anything). They have stated this is a typical behavioral plan and it is all they can offer. I would like to ask for her to have a Functional Behavior Assessment done by an outside agency(with experience in trauma) and have her plan tailored to meet her specific needs, instead of what we already know won't work. The school has insisted she will be fine with what they offer. 1. Can I insist that she be evaluated by an outside

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  • Goals: THERAPIST, SPED TEACHER UNABLE TO WRITE MEASURABLE GOALS

    Dena:  My daughter is a senior in high school withdepression, anxiety, Asperger's, and trichotillomania. Her case manager, Special Ed Teacher, cannot write IEP Goals to save her life! I have been writing the IEP Goals and re-writing them for 13 years because only 4 teachers have been capable of writing SMART goals in all these years. I am very concerned that the Special Ed Teachers are not learning this skill in their credential programs.  I refused to sign the latest IEP because the goals were vague and meaningless or just plain out-dated (one was never used, but still included on the form). The mental health goal that the therapist wrote is vague and doesn't state what new coping strategies she is teaching my daughter to use to cope with her anxiety and OCD symptoms. The evidence-based treatment should be CBT, with measurable

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  • Observation: COUNTY PROHIBITS OBSERVATIONS BY OUTISIDE AGENCIES

    Sarah:  Prince William County Va has instituted a policy prohibiting classroom observations by outside professional. The county says that it is a safety and privacy issue. Can the County institute this

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  • Tests and Assessments: TEACHER ISN’T TESTING CORRECTLY

    Amy:  My 14yr old daughter has a intellectual learning disability and she goes to public school but in a life skills class. Her teacher just did testing on her to determine what level she's at and put on paper that she has mastered basic math, multiplication, divide, fraction. She let my daughter use a calculator during this test and my child can't even add or subtract but only small numbers and can't even understand divide. How can i get to retest my child since her teacher isn't doing it right. Ple

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  • Eligibility: IS SOCIAL ADJUSTMENT PART OF EDUCATIONAL PERFORMANCE?

    Angela:  Does a student with average to above average IQ, who is making good grades, possibly qualify as Sped. because of inability to progress socially vs. educationally? “Does the child have a disability that adversely affects educational performance?” In other words is social adjustment considered part of the "educational perfo

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  • Re-Evaluations: SCHOOL SAYS NO LONGER QUALIFIED FOR IEP BECAUSE OF AGE

    Carol:  My grandson has had an IEP for 3 years and is now 9yrs old. The school is telling me that he no longer qualifies for IEP due to has age and that he will need to be reevaluated. I fought for an IEP but I feel not all of his needs were addressed . I also have not heard anything about his being reevaluated. What do I

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  • Placement: CAN SCHOOL REQUIRE RESOURCE ROOM FOR STUDENT WITH AN IEP?

    Jaimie:  Our Special Ed Case Manager/Resource Teacher told me yesterday that my son (and all other students on an IEP) will be required to be in her resource room period next year (9th grade) in place of one elective. Is that legal? Th

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  • Evaluations: WHICH PUBLIC SCHOOL IS RESPONSIBLE FOR EVALUATING

    Jennifer:  My daughter attends an out of district public school. I pay tuition for her to attend this out of district school and she has attended for the last 5 years. She has a diagnosis of ADHD and I believe a math disability which needs to be evaluated. I was told by the school administrator that she cannot attend her current school if she is IEP eligible and that the district in which we live would be responsible for evaluating her. Is this right? Seems to me that the school she attends would be responsible for evaluating her and denying her enrollment would be discrimination? Please help. I can’t find any literature that speaks to this particular si

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  • Observation: OBSERVATION BY OT AND CPSE WITHOUT CONSENT

    Danielle:  Hi. I recently found out that our CPSE chair, as well as an OT from our school district, observed our daughter in her private pre-school setting. We were never informed and only found out when one of her teacher's casually mentioned something today, and seemed shocked when I said I had no knowledge of the visit. She had assumed of course I knew and gave permission. We are in NY-does anyone know if this is allowed?

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  • Educational Records: SCHOOL REFUSES ACCESS TO CUMULATIVE RECORDS

    Candice:  School refuses to allow a parent to look in their child's cumulative folder or make copies of current IEP and previous

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  • IEP Meeting: SCHOOL STOPS IEP MEETING IN PROGRESS

    Donna:  The pupil appraisal person excuses herself for a minute during the IEP meeting, then announces to everyone that the meeting will have to be rescheduled until the district's IEP facilitator can be there. I have worked for a school system (special education) for 36 years and am now a special education advocate. The legal guardian, wrap around service coordinators and other advocates were in attendance. The district had a pupil appraisal representative, teachers (classroom and related), principal, assistant principal attending. It seemed we were making progress in getting some of the guardians concerns addressed and then, out of the blue, the meeting was canceled. What are the laws/guidelines surrounding something like this? Could the guardian have insisted the meeting take place today as sc

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  • Speech: NON COMPLIANCE WITH IEP

    Michelle:  My 11 YO son (6th grade) should have received speech services 1Xweek, 30 min since the start of school in Aug 2015.  I attended ARD meeting and learned he started receiving speech services in Feb 2016. Speech therapist was really defensive and rude, stated he had done well without services and he is due to reevaluation and he would probably not qualify. I stated he is doing good due to him being in a resource room with a small teacher:child ratio. What do I do to move forward and make sure this is not happening not only to my son but other kids in the district? What are my

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  • Re-Evaluations: REEVALUATION DEFINITION

    Raquel:  Student was evaluated for OT and Adaptive PE. The IEP has the next FIE listed for 3 years. My question is, if an FIE was not done initially and a parent asks for an FIE before the 3 years, is it considered a reeva

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  • Functional Behavior Assessments (FBA): REQUESTING A FBA FOR MY CHILD WITH IEP

    Josie: I would like to know how do I go about requesting a FBA for my child who does have

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  • Educational Consultants: NEED EDUC CONSULTANT FOR IEP IN ERIE, PA

    Linda:  Hello there, I am looking for a consultant for help with IEP meetings in Erie county, PA. If you happen to be one or know anyone in my area, I would very much appreciate your info

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  • Paraprofessionals: HEALTH PARAPROFESSIONAL

    Nancy:  What are the responsibilities of a health paraprofe

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  • Section 504: WILL 504 MEET NEEDS OF GIFTED, ADHD, ODD?

    Shawn: Exceptionally gifted, adhd-combined severe, odd - meets criteria. 4th grade. We have worked to provide him with teachers that will be the best mix, went to all the right doctors, made sure meds were given at the right time, found the right counselor and I did all I could to follow the recommendations of the gifted teacher wife/mom. Clearly not enough. We are told he is too high level, too lazy, too disorganized. Other than my wife quitting teacher to educate our son, our last option, what can we do to make sure his needs

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  • Truancy: TRUANT IEP HIGH SCHOOLERS

    Judy:  Our administration is stating that we must pass our alternative high school students even if attendance is 50% and/or work completion is minimal. Typically the eligibility is ED, but a couple are SLD or OHI without an ED label. (Illinois). Our worst offenders are 17+ so we don't have any outside supports from truancy office

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  • Evaluations: EVALUATIONS AFTER NEW DIAGNOSIS?

    Susan:  Our 17 year old son had an IEP for autism, and was evaluated 3 years ago, with this diagnosis. Since then, he spent 5 1/2 months in residential treatment at an independent clinic, and autism was absolutely excluded as his diagnosis. His new diagnosis from the independent clinic is anxiety disorder and depression. Can we compel the school to do new testing / evaluations with this in mind? Th

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