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Current Topics & Questions

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  • Transportation: SCHOOLS SAYS I FORFEIT TRANSPORTATION IN IEP BECAUSE OF “SCHOOL OF CHOICE”

    09/28/2016

    Amy:  My child has transportation as a related service on her IEP. The SD says I have forfeited this related service since my child is attending School of Choice, citing "school district policy." How can they do this? What related service is next on the choppin

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  • Placement: CHANGE IN PLACEMENT

    09/28/2016

    Kristi: Please define Change in Placement for a child on an IEP. Is any change in time spent in a resource room considered a change in pl

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  • Dropping Out: PRINCIPAL AND PARENTS THOUGHT DROPPING OUT WAS BEST

    09/28/2016

    Adam:  I'm a.d.d.h.d now and back then. My life has been OK but a constant struggle. My parents and the principal thought it be best if I dropped out of school at 15 going on 16. Can I sue the school for suggesting a 15 year old with a.d.d.h.d to drop out and go ge

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  • Aides: DISTRICT SCRIMPING ON AIDE SUPPORT

    09/28/2016

    Molly: What is legally mandated for aide support in a special ed classroom? What if the hours required by student IEPs exceeds the number of available hours in a day for a

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  • Educational Records: VIDEO SURVEILLANCE RECORDS

    09/28/2016

    Phil: Hi, my child claimed a school official harmed him. Is there a way I can obtain video surveillance from the school? I see that under FERPA, it seems unclear because it may be a law enforcement record. Does that mean I should contact the

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  • Re-Evaluation: LOSING STAY PUT AT RE-EVALUTION MEETING WITHOUT PARENT CONSENT

    09/28/2016

    Distrustful Parent: Can my child lose his "stay-put" status at a reevaluation meeting and be put into an out-of-district placement of the school's choice without my

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  • Eligibility: IEP EVALUATION DENIAL DUE TO GOOD GRADES

    09/28/2016

    Tina:  According to IDEA regulation 300.101(c), the school must provide special education to a child with a disability “even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade. Our son was denied evaluation even before the meeting started. We saw the CTS worker check the box for denial and basically write in her notes for the rest of the meeting instead of listening to what we had to say. Our son has multiple diagnosis ASD being the top. He was in preschool disabled but was mainstreamed for kindergarten until now (4th grade). The school implemented a 504 in 2nd grade due to his inability to work in a group setting and various other reasons that the 504 has done nothing in measuring his progress etc... While the 504's accommodations are

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  • IDEA: DO SPECIAL ED LAWS APPLY TO A CHURCH DISABILITY PROGRAM?

    09/27/2016

    Wendy:  I was the volunteer director of a church special needs ministry. I have left that church to help other churches...and since I left they are doing some things differently and I was concerned. I am an OT so I understand laws for schools but am not sure about churches. They are meeting to discuss a behavior plan for a student with multiple people present..but not the parents. Is this allowed in this

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  • Accommodations: DO GENERAL ED TEACHER HAVE TO PROVIDE ACCOMMODATIONS AND MODIFICATIONS?

    09/27/2016

    Rachel:  Could I get some clarification on general education teachers responsibility in regards to accommodating and modifying assignments and tests? There is a belief that it is all the special education teachers responsibility, and that the general education teacher does not need to create/provide the accommo

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  • Dyslexia: NEED RE-EVALUATION FOR SPECIFIC LEARNING DISABILITY TO INCLUDE DYSLEXIA

    09/27/2016

    Marilyn:  My daughter is in 10th grade and had a 504 since 6th grade. The beginning of 9th grade I realized her 504 wasn't being implemented and as a result she failed all 4 core subjects. I requested an evaluation and eventually signed an IEP in September 5, 2016, based on an evaluation conducted by the school, but the evaluation didn't specify that my daughter has dyslexia. The psychologist told me this is what she has but didn't put it in her evaluation. She is currently still failing all 4 core subjects. I don't believe she's receiving the academic accommodations for her specific learning dis

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  • Gifted: CAN 504 PLAN FOR ALLERGIES AND GIFTED IEP (GIEP) BE COMBINED AS AN IEP?

    09/27/2016

    Tammy:  Why child has a 504 plan for food allergies and a now a GIEP for gifted services. Should the documents now be considered an IEP or should they remain a 504 plan with the GIEP insid

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  • Section 504: SCHOOL SAYS SON WITH ADD NOT ELIGIBLE FOR 504

    09/27/2016

    Jody: My son was diagnosed with ADD in fifth grade and is now in eighth grade. The middle school which he attends since six grade will not put him on a 504 for this disability. He has poor grades and struggles with organization and homework completion. They continue to tell us year after year that the accommodations they do for everyone is all he needs. Is this true that he does not

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  • Speech: REDO NECESSARY FOR S / L ASSESSMENT?

    09/27/2016

    Monica:  I am a speech -language Pathologist in an upstate NY public school. I began an SL assessment on a student to determine initial eligibility for CSE referral in mid June 2016. Due to all the end of year activities the student was involved in, I was unable to complete everything (CELF5, TAPS-3, Differential Test of Processing). I planned to complete the remainder now (in Sept) but the psychologist says the results are not valid due to the time lapse and can't be used. I disagree as there weren't any significant changes for the student over the summer. Is the psychologist

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  • Dyslexia: FAILING READING AND MATH – NEED IEP OR 504

    09/26/2016

    Denise:  My son is in 3rd grade and has dsylexia. He was on a 504 plan last year. Since the first day of school this year he has been failing math and reading. Is behind 2 grades in reading. Should he have an IEP or be in special Ed for these 2 classes? What can I do to help him? He is in a dsylexia class of some kind. But what about these other issues of not passing and struggling? I have a meeting with the school in a week. What do I need

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  • Diplomas: HS DIPLOMA AND TRANSITION

    09/26/2016

    Amy:  My Deaf students are on a diploma track and in serious need of transition skills. If they have met the graduation requirements set forth by the State of CA and our school, can we write transition goals for participation in a post-high school transition program AND hold their diplomas while they're in the program? Our school will issue their diplomas when they meet their transition goals (or when they become 22, whichever comes

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  • IEP Revision: IEP MEETING TIMEFRAME

    09/26/2016

    Erin:  I live in North Carolina & I have requested an IEP meeting for my daughter, who is in 1st grade. I submitted a request on Sept. 22nd to her teacher who replied several days later (including time over the weekend), saying that we could try for mid-November, since her IEP is up for review in December. I have concerns that will also include my request to modify her IEP ASAP. What is the appropriate timeframe in NC from the time a parent requests a meeting until one

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  • Complaints: STATE DEPT OF ED INVESTIGATION DECISION

    09/26/2016

    Maureen:  Last December we made a referral to special education on behalf of our 16 yo daughter. She had a 504 Plan for s/s of ADHD, Anxiety and Epilepsy, which included 100% extra time to complete tests. There was no clear protocol for supervision of test completion and often months would pass before a test was finished. The constant need to double-back and stay current was extremely stressful for her. We requested an extended day, twice a week, where course instructors could provide explicit feedback to improve her efficiency. The PPT administrator refused and instructed guidance counselor to amend her 504 Plan to include a self-contained resource block. She tried to adjourn the meeting without acknowledging our request for Assistive Tech eval, but did eventually agree and we signed consent for the evaluation. Five months passed before the evaluation was completed. The

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  • Honors / AP Classes: SCHOOL SAYS NO ACCOMMODATIONS IN HIGH SCHOOL FOR HONORS CLASSES

    09/26/2016

    Elizabeth:  Can a district remove accommodations from a student with a SLD when they are in honors classes? My Daughter has only been able to achieve honor roll since being diagnosed with an SLD 3 years ago. although suspected since K. We have now transitioned to high school and the guidance counselor told me that if she takes honor classes support wil

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  • Occupational Therapy (OT): SCHOOL OT AND HANDWRITING

    09/26/2016

    Sara:  My son is a freshman this year. He has autism. One of our many concerns is handwriting. He is left handed so he cocks his wrist. He has very poor spacing in between words and doesn't place the letter properly in the line. I asked for help but was dismissed due to modern technology. Since handwriting is still strongly needed in class, I asked for help again. The OT told me he's an adult and we weren't going to stand over his back helping him handwrite. The special ED director told me via email she knew it was hard to tell apart medical OT vs private and school. That the PT in school was to access for school. The director also paraphrased Stephens and Pratt defining the OT role. He

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  • Related Services: PULL-OUT OF SPECIALLY DESIGNED INSTRUCTION TIME FOR SLP SERVICES

    09/25/2016

    Tracey:  I recently came back to the resource room after 12 years in gen. ed. Is it now considered okay to pull out a student from their resource room SDI time, to give them their time with an SLP once a week? It was never done in the past. I checked the IEPs and they do not say services are concurrent. I'm confused. Please

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  • IEPs: IEP NOT CURRENT AND NO ANNUAL REVIEW OF GOALS

    09/25/2016

    Debra:  Is my school in violation of IDEA and not providing FAPE but not having annual review of goals and no current IEP in place for current school year ? What type of compensation can I ask for? He also failed state reading exam and has made no progress in reading Lexilelevels level in

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  • Services: DEFINITION OF SMALL GROUP INSTRUCTION?

    09/25/2016

    Judy:  Many students have "small group instruction" in their IEP. What is the definition of a "small

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  • Services: CHANGING SERVICES WITHOUT AN ARD MEETING

    09/25/2016

    Mary:  Can a school change the structure of a classroom from a coteach to a regular ed without an ARD? I have a 13 year old who is in all co teach classes. My son is adopted and has Fetal Alcohol syndrome with many delays. He also has an auto immune disease that seems to be triggered by high stress. School is removing co teacher and my son will now be receiving his instruction from the reg ed teacher.  His ARD paperwork says that he will be in a coteach for this subject and that his grades and modifications will come from the coteacher. The District even outlines that coteach services are provided from bell to bell. I understand that they need to move the coteacher because he is needed elsewhere on campus, but shouldn't they put in a replacement coteacher? Is

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  • Behavior: BAD BEHAVIOR IN CLASS

    09/25/2016

    Janice:  I have a child in my class who severley disrupts the whole class to the extent where it IS having a negative impact on the students who want to learn. This is a daily problem , the school seem unwilling to do anything constructive yet they know this is having a negative affect on the other students, what can i do, i want my students to learn and get the best education

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  • Tests and Assessments: RE-EVALUATION VS. ASSESSMENTS FOR IEP GOALS

    09/23/2016

    David:  We signed a wavier for our son’s 3 year reevaluation in April before his IEP for the following school year was finalized. After signing the wavier, we requested that his IEP include more benchmarks and objective measurable goals. The district wants to now re-evaluate him for eligibility. We realize there is a procedure for disputing the finding of a re-eval via an independent eval and so forth. However, we want to avoid this process or a due process hearing. Questions - Can assessments (such as the WJ-III ACH or similar tests) be administered for the sole purpose of providing benchmarks and measurable goals in an IEP? Once administrated, are they automatically considered part of a

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  • LRE: DEAF AND HARD OF HEARING CLASS PLACEMENT

    09/23/2016

    Floyd:  Does a School District in Michigan have to provide a pre-school classroom placement for a Deaf and hard of hearing student that is Least Restrictive? They are telling us they do not have to offer anything but Early Childhood Special Education classroom because preschool is not mandated in M

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  • Dyslexia: USING READ 180 PROGRAM FOR DYSLEXIA

    09/23/2016

    Debbie:  My nine year old has dyslexia and ADD.We just had a CSE meeting and the reading program that they use is read 180 and system 44. I was told that this program is technology based with some small group instruction. Has anyone had exposure to this reading program and if so was it successful in elementary ag

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  • Anxiety Disorder: NEED SMALLER SETTING BECAUSE OF ANXIETY/PTSD

    09/22/2016

    Tracy:  I can find very little information on this. My daughter has been struggling for over 5 years. We do have 504 plan, but she really needs a smaller setting. High School has over 1600 children. Anxiety issues have become almost epidemic. I have done private school at my own expense and some home schooling. My daughter is 14, no behavior problems. She wants to attend HS, but really needs smaller setting. Shouldn't schools be addressing this problem. Do you have any information? Thoughts? C

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  • Eligibility: VISUAL IMPAIRMENT ELIGIBILITY

    09/22/2016

    Sharon:  When a student is suspected of having a visual impairment and has been referred for assessment is there a requirement for an eye examination by a qualified medical professional as a part of the process to determine elig

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  • Teacher Issues: GENERAL ED TEACHER RIGHTS

    09/22/2016

    Carolyn:  What rights does a gen. ed. teacher have if a student in the class is on an IEP and he is violent towards the teacher, multiple t

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  • Placement: IS A NEW ASSESSMENT NECESSARY FOR CHANGE OF PLACEMENT?

    09/21/2016

    Silvia:  When considering a change of placement for a student already in special education, are new assessments r

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  • Parental Involvement: ARE PARENTS INVOLVED IN CHOICE OF CASE MANAGER, TEACHER, RELATED SERVICE PROVIDERS?

    09/21/2016

    Elizabeth: Is it true that parental involvement, however, does not extend to the choice of case manager, the choice of teacher, or the choice of related services providers? And the reasoning is:These are personnel decisions made by a district’s administrative team based on student need and staff availability in consultation with case managers, teachers, and related services providers. Is this a

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  • Occupational Therapy (OT): CAN PARAPROFESSIONAL HELP ON PROJECTS COUNT AS OT?

    09/21/2016

    Mary:  My daughter is in preschool and did a self-portrait project at school. On her daily sheet home, they wrote down that she did it with the para. On the project itself, they wrote down her name and also wrote "OT" on there. My question is, can a para do projects and then label it with OT? If it wasn't on her daily sheet home that she did the project with the para, I would have thought that she did it with the occupational therapist. Is there any reason for

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  • Suspensions: CAN’T RETURN TO SCHOOL, GETS 1 1/2 HR HELP AT LIBRARY

    09/21/2016

    Melissa:  My son is 14 yrs old and got suspended from school two weeks ago for something that was "hear say". Another student told a girl something that my son had said. She told her parents, who told the principal. The principal called me and had me pick up my son from school. We just had an IEP meeting and my son gets help from the school at the library for 1 1/2 hrs a day, but he is still suspended. I live 16 miles out of town. They recommend treatment for him like inpatient, before or if he can come back to the school. I dont know what to do. When everything was supposed to be confidential. they wrote the whole story detailed  in his IEP when it was not supposed to leave the principal's office. We were told those people

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  • Transfers: IEP IMPLEMENTATION (OR NOT) WHEN CHANGING ONLINE SCHOOLS

    09/21/2016

    John:  I have recently taken my child from one online school based learning to another online school based learning. My child has Autism and has an IEP that address his specific behavioral and academic needs. The current IEP is from the first online based school and the second online based school wants to change my son's IEP. However, since the transfer, the new school has not implemented any of my child's current IEP supports. Is this legal, ethical or otherwise? Can this school force us to make changes to an IEP that has worked for m

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  • Re-Evaluation: WHEN CAN WE REQUEST RE-EVALUATION FOR IEP?

    09/21/2016

    Karen:  Our child had comprehensive evaluation, which did not include ADHD. We disagreed. In our Independent Educational Evaluation he was diagnosed with ADHD. The school did not look at this when they accepted his IEE and told us he was not eligible because more RTI data was needed. Can we request a new comprehensive evaluation within a year. I attended your Alabama seminar and read you books but I don't see clarification as to the time line when it starts a

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  • Accommodations: ACCOMMODATIONS NOT WORKING – THEY WANT MY SON TO CHANGE SCHOOLS

    09/21/2016

    Stephanie: My son's (grade 2) school does not have a special ed classroom. He has an IEP and is "supplemental support" He has several accommodations such as pull out sessions and part time paraprofessional support in the regular ed classroom but things just really aren't getting any better. The work is too difficult for him. At his latest IEP meeting they have offered us to keep doing what we are doing which is not working, or 2 other options, both of which would mean changing schools and turning his entire world upside down. Both of these schools are in our district and have classrooms that would fit his needs but the closest is at least 20 minutes away by car and the other at least 30. My question is, has anyone else experienced a situation similar to this and what was the

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  • Behavior: OUTSIDE BEHAVIOR AGENCY TO PUBLIC SCHOOL

    09/21/2016

    Marie:  I know that when a child has an IEP, there is also a team formed specifically for that child. I am wondering when the child's teacher is not trained in ABA(applied behavior analysis) and the outside agency's practice and philosophy are ABA driven, who has the last say? Example , student has unpleasant behavior that the teacher doe not like, he will yell at the child and also bench the child for recess. When the outside agency is working in the classroom and the child has an undesired or inappropriate behavior , they will try to identify the antecedent , redirect, and try to have the student get compliant and be praised and encouraged to continue with desired behavior. I am an aide and I see these as complete conflicts of interest. It sets the student up for inconsistency and rough

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  • Accommodations: ACCOMMODATIONS AT A PRIVATE SCHOOL

    09/21/2016

    Aileen: Can students without evaluations legally receive academic accommodations at a private school, such as extended time, testing in a quiet room, or having tests read aloud? The students need the accommodations, but the parents won't have them evaluated.

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  • Dysgraphia: SCHOOL SAYS NO TO ACCOMMODATIONS, IMPAIRMENT OF WRITTEN EXPRESSION NOT DYSGRAPHIA

    09/21/2016

    Janna:  My 9 yr old has been diagnosed by an independent psychologist with "Impairment of written expression." He also has diagnosis of autism and general anxiety disorder. At this year's IEP meeting the school psychologist told me "Impairment of written expression was NOT dysgraphia and they did not have to provide accommodations for it. However, since he has AUTISM he's getting accommodations for that."Our state has changed math requirements to include more sentence type explanations of answers so my child is becoming more frustrated with school. They did not allow for him to have a scribe and would not list his learning disability on the IEP. Please help me educate our school system and make sure my child gets appropriate accommodations while we are privately remediating his writing skills at home. Th

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  • Parent Rights: CAN I REQUEST SCHOOL TEXTBOOKS SENT HOME?

    09/21/2016

    Kara:  My son's school does not send home textbooks. Do I have the right as a parent to request one to be sent home? Would I have to have a 5

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  • Consent: SON CAN’T ATTEND SCHOOL IF I DON’T SIGN IEP?

    09/21/2016

    Deirdre: My son's teacher told me if I didn't sign the IEP, he couldn't receive any services from her, or attend school. Is this true? T

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  • Charter Schools: EDUCATIONAL RESPONSIBILITY

    09/20/2016

    Jacqueline: Is the LEA responsible for a child's education if he/she attends a Charter School, in the town of the LEA? Where does legal responsibility lie, with identifying/Child Find, FAPE, and implementing the IEP? Th

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  • Restraint: RESTRAINT AND ABUSE

    09/20/2016

    Catharine:  Last year I walked into my son's classroom and found him tied in 5 point mechanical restraints (brain injury and nonverbal child) aide was "retrained". New school same aide this year and my son was left unsupervised and broke his front tooth out. What remedies do I have in V

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  • Consent: SCHOOL CHANGED IEP WITHOUT PARENTS AGREEING

    09/20/2016

    Robert:  What options do parents have when a school changes their child's IEP, and places them in a SPED room for the entire morning, and in the regular class in the afternoon. The child's IEP did not have them in a SPED room for years, but mainstreamed. The school did this because they did not follow the IEP (provide certified and qualified people to work with them, ABA Shadow, etc.). Would a state complaint work? OCR complaint work? Or can the IEP only be changed by due process if the school refuses to change the IEP? The school even told us to go to another school. Thank you for your help in

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  • Transportation: NO AIDE ON MORNING BUS-CHILD HAS ASD, ADHD, AND BEHAVIORS

    09/20/2016

    Jennifer:  My son has some behavior problems that can get out of control very quickly. He is currently riding on a special needs transportation bus with a male driver. His driver has been very good with the children but does not have an aide to assist him. I emailed the administration top to bottom with no success. In light of a fatal bus crash a few weeks ago that killed the driver and seriously injuries several students I am even more concerned that I have been ignored. The bus driver is also concerned because our son was sliding out of a seat belt and kicking the window. What c

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  • Speech: SPEECH THERAPY SESSIONS INCLUDE AIDES

    09/20/2016

    Cher:  During my son's group speech therapy session their are aides for other children that sit through the half hour session and it makes my son uncomfortable is thi

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  • Parent Rights: REQUESTING PSYCHOLOGIST’S CREDENTIAL

    09/19/2016

    Rosie:  As a parent, do I have the right to ask for the child psychologist's cred

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  • Video-Taping: SCHOOL SAYS VIDEO MODELING STUDENT WITH AUTISM AGAINST THE LAW

    09/19/2016

    Debra:  I am a special education teacher. One of the students in my class responds well to video modeling which is an evidenced based practice for working with students with autism. His outside behavioral counselor and I are working together to try to stop certain inappropriate behaviors by observing various strategies to lesson meltdowns and then collaborating on what changes need to be made. His parent has given consent to video student on my cell phone and then text or email photos and video to her and the counselor. My principal says that even with parental consent, it is illegal and against special education law to video tape a student. Is this correct? Does this still apply to a student on an IEP who responds well to this Evidence Based P

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  • Paraprofessionals: SPED TEACHER NOT TEACHING CLASSES

    09/19/2016

    Karen: I have been a paraprofessional for 14 years. My job description has changed immensely the past 5 years. My para team has been scheduled to work with more students with modifications needing a certified special Ed teacher. this isn't the case anymore. IS this legal? Certified teachers are working with the students accommodated rather than the students requiring more educational teaching. Please HELP before

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