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

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Current Topics & Questions

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  • Speech: NO TRANSPORTATION FOR ITINERANT SPEECH SERVICES?

    Nicole:  My 4 year old son was receiving "push in" itinerant speech services at his private preschool in our old school district (which was located in a different district). We recently moved into a new school district half way through the year. The new district will not offer the same services. They tell me they do not provide transportation for itinerant services either. Their offer of services would require that we leave during the work day to transport my child to their school for 45 minutes speech session. We are unable to do this as our jobs do not allow that flexibility to leave during the day/come back. The school day is until 3 pm. Are there any other alternatives I have? Or do I just have to accept my son will not be able to access any speech services until Kinde

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  • Bullying: GRANDDAUGHTER ACCUSED OF BULLYING BUT SHE IS THE TARGET

    stace:  My granddaughter was accused of bullying, but she is the one being targeted. She has been found to "meet the threshold" of bullying a classmate. Both are 10 years old. Both girls. My granddaughter's actions are 1.answering a question honestly when asked by the "target" and 2. turning away from the "target" and friends following her away from the "target". The target follows, initiates contact with my granddaughter. Since walking away and answering a question honestly "make a pattern of not being nice and meets the threshold of bullying," how do i protect my granddaughter from the "target" seeking her out to possibly set her up again to fail and do something unacceptable in the school

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  • ADHD: ACCOMMODATIONS FOR REQUIRED WORK ASSIGNMENTS

    Tricia:  ADHD freshman, cant seem to get most of the facility at school to understand why I need a break down of what he is doing, when its due. "He is old enough to do that for himself" is the consensus. For misbehavior he is on probation, poor grades are a violation. I need cooperation!! Suggestions, yes he

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  • Accommodations: CAN SCHOOL LESSEN WORKLOAD

    Sandy:  is it possible to ask the school to lessen the workload of a child? Still assigning work but not necessarily weighing the overall grade as much as trying to complete it and weighing it differently than other fellow students more of a grade for participating rather than the actual assignments completed and being required to hand in less than other s

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  • Advocacy: BECOMING A PARENT ADVOCATE

    Sharon: I am interested in becoming an advocate. To help parents find the services they need for their child. How do

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  • IEP Meeting: COMPEL PARTICIPATION AT IEP OF A SCHOOL EMPLOYEE

    Robert:  A parent is demanding that a teacher, who has not been involved with this student this year, be at a reevaluation eligibility/annual review meeting. While the regulations state: At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; does this mean that the teacher, who does not want to attend, can be compelled to attend the meeting? Would this be put on the district's meeting invitation if the parent is making the

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  • Bullying: TEACHER THAT IS A BULLY

    Leslie: I’m stumped. I have been dealing with a rude, unprofessional teacher for three years. I discovered her when my son developed anxiety. She makes it difficult for me to see my son’s quizzes & tests. She rolls her eyes. Flips her hair at me. She calls my Asperger son “lazy”, ” he’s not trying”. I have spoke to his special needs case manager, vice principal, the teacher and I spoke to the personnel manager. The results: another staff person to be included during communications. This is not helpful. Whenever there is a problem they ignore or minimize the intent. This teacher has made inappropriate comments and gestures while being observed by monitors. The results: I am told that the teacher will be spoken to. Her behavior is not better. I have asked about consequences and I have been told that is

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  • IEPs: IEP EXEMPTION FOR LOTE – NY

    Sue:  What specifics have to be written on IEP for exemption for a middle school aspergers student from LOT

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  • Dyslexia: NEED HELP FOR INTERNATIONAL STUDENT WITH DYSLEXIA

    Wendy:  What advice would you give to an international student studying in the US, who has dyslexia and possibly other learning disabilities? The student has these disabilities documented in Taiwan, but at least one university is demanding a US-based documentation, which is several thousand dollars. Any way around this? Any universities you’d recommend which are particularly progressive when it comes to these sorts of

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  • Evaluations: 8 YR OLD WITH LD – SCHOOL SAYS NO EVAL BASED ON GRADES

    Beth:  We believe 8yrs old is LD.11.3.15 requested eval. Based on his grades they said he’s avg & not req. to give eval. They did screen him in areas of WIAT-III to see if there were any differences. Results: Subtest Raw Std 95% % Rank Norm Stanine Grade Age Interval Equiv. Word Read 28 84 80–88 14 28 3 2.3 8:0 Pseudoword Decod 25 97 93–101 42 46 5 3.4 8:4 Oral Read Fluency 79 88 80–96 21 33 3 2.9 8:4 Oral Read Accuracy 239 84 72-96 14 28 3 2.2 7:8 Oral Read Rate 182 90 80-100 25 36 4 2.9 8:0 Basic Read 181 90 87-93 25 36 4 School said results "avg". Love advice, opini

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  • Teacher Issues: CHILD LEAVES SCHOOL ON CBI TRIPS, TEACHER DOESN’T ALWAYS INFORM PARENTS

    Angie:  My son goes on weekly Community Based Instruction trips, but the teacher doesn’t always inform us that he will be leaving the school campus. I have signed a blanket permission note for him to ride the bus, but nothing else in regards to him leaving without notification. What is her legal responsibility and what is my legal right? This has been brought to administration’s attention on several occasions. Please

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  • Behavior: NEED ABA

    Maureen:  How can I get my son ABA in

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  • Transfers: DOES NEW SCHOOL HONOR IEP WHEN CHILD TRANSFERS?

    Ricki: Child transfers schools after completing the year and begins the new school at the beginning of October of the same calendar year. The IEP had expired just prior to the child enrolling in the new school, (In Sept) however, the IEP was last amended in Nov. of the previous year. Does the receiving school have the obligation to honor the IEP until a new one is

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  • Evaluations: INITIAL EVALUATION AND 18 YR OLD STUDENT RIGHTS

    Patrick:  Question from the school end: We have an 18 year old student in our district whose separated parents have joint custody. Student was declassified several years ago (It was at least two years ago, and my understanding is both parties consented), but one parent has recently requested an initial evaluation. As an 18 year old general education student, is the student able to refuse either testing or the evaluation in its entirety (Colorado age of majority is 18)? I’m not really hoping for one particular outcome, I just want to make sure the student’s rights are

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  • Absences: WHAT IS THE NUMBER FOR EXCESSIVE ABSENCES?

    Jenn:  Can someone define what it means by “excessive absences?” Is there a magic

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  • IEP Meeting: WHAT TO DO IF PARENTS DO NOT COME?

    Lisa: In my district when a parent does not come to an IEP meeting, it is common practice to have all members sign as participants and then "document" this attempt as IEP part 1. When asked about this process I was told "well it stops the 60 day timeline". I find this to be quite illegal....should the IEP team simply reschedule, notify the family of new dates/times offered, and note in the file that the parents did not come to the first meeting sc

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  • Eligibility: NO LONGER QUALIFIES FOR IEP

    Dana:  Went to scheduled IEP meeting and told my child no longer qualifies and will be better off with RTI services. I did n

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  • Evaluations: CAN A PARENT REQUEST THE WISC?

    Carl:  Can a parent request the district to administer the wisc in the psy

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  • IEPs: NEED IEP FOR ORTHOPEDIC IMPAIRMENT, PRINCIPAL SAYS NO NEED

    Tiffany:  I have a 6 year old in kinder this year with a genetic bone disorder and has had over 20 fractures. Some bone issues are accommodated in a 504, but we need change to IEP to address: excessive absences due to medical appointments/fractures/pain, when/how to start homebound services if needed, homework / classwork expectations due to fatigue, possibly emotional support during fractures, PE issues, etc. She also has a diagnosis of severe ADHD addressed in 504 with preferential seating, repeated directions, minimize distractions etc. She is on track academically at the moment so the school said there is no academic need so she doesn't qualify for an IEP. I was told "Just because a student has an ailment does not necessarily mean that the student can be admitted to SPED, there has to be an educational need." Also told [copied exactly

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  • Parent Rights: CAN THE SCHOOL HAVE MEETING WITHOUT ME?

    Joyce:  If I miss a triennial component meeting, can the school have the meeting anyway without me present or are they supposed to reschedule? I sent response that I would be there, but had the dat

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  • Consent: WHAT IS ACHA CONSENT FORM?

    Hope:  Can you please explain IEP "Consent for Release of Information to the Agency for Health Care Administration"?  I keep asking but never get a real answer as to what we are signing. T

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  • Placement: STUDENT WITH BEHAVIORAL NOT LEARNING ISSUES?

    Tiffany:  I teach children with learning disabilities, low-average to borderline IQs, in a self contained setting. I am case manager for a student with OHI in a crisis situation because they stripped him of his meds after he overdosed. This student has been serviced in the regular classroom, initially with a behavior plan that we've been able to move away from. Our coordinator wants to dump him into my classroom. He does not have a learning disability. This is not the least restrictive environment for him because I cannot support his learning when he's grouped with kids who require a modified curriculum that is well below his ability level. I have stated that the law says placement can't just be dumping him somewhere he doesn't belong. The law specifically states "common learning need" when considering placement in a special ed self-contained classroom. There

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  • Section 504: OLD ACCOMMODATIONS NOT ENOUGH?

    Christy:  My daughter has ADHD. A 504 plan was implemented at the end of her 4th grade year. She just transitioned to middle school and the accommodations she has are just not enough. I've had meetings with teacher and counselors and expressed frustration over her organizational skilled, not writing down homework, not being able to keep up for notes, not advising me of upcoming test, etc. Her psychiatrist has written a letter with a request for 4 additional accommodations for our upcoming meeting at the end of the month. Can a school deny what her psychiatrist has deemed is

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  • Mediation: FAPE AND MEDIATION?

    Tish:  While mediation agreements can not be used as "evidence", what if a parent signed something that was illegal. For example - agree to take a child off an active IEP by agreeing to do another ETR and say the child is not eligible-though the child was- just as a way to move the child from an IEP to a 504. Parent attorney (unbeknownst to them at the time) had a undisclosed conflict of interest with the school attorney.  It seems they worked together to keep the parents in the dark about the legal way [a parental refusal, which would have allowed the parents to put the child back on the IEP if the school a.) the school did not do what they agreed- which occurred and b.) if the child displayed failure- which also occurred.]. How can the illegal act- falsification

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  • Transportation: TRANSPORTATION REIMBURSEMENT

    Janie:  I am the CASA Advocate for a child who is in permanent state custody. His foster parent was driving him 106 miles per day to a school that could accommodate his needs. DHS has said they would do what was necessary to provide this child with an education. Now they refused to pay the cost the foster parents incurred for 5 months. Is there any law that will force DHS to reimburse th

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  • Accommodations: EVIDENCE OF PROVISION OF ACCOMMODATIONS AND MODIFICATIONS

    Tim:  Do the regular education teachers have to provide evidence/documentation of accommodations/modifications for ESE students in their classroom in the stat

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  • Tests and Assessments: STARR TESTING AND RETENTION

    Michelle:  I am being told that my 5th grade daughter who is dyslexic and has a 504 has to take the Texas STARR test up to three times and then participate in summer school if she does not pass. I am against her taking the test more than once and against summer school. This seems punitive for her disability. They have also mentioned retention if we do not comply despite the fact she has As and Bs. I have been told I do not have the right as a parent to prevent her from testing or not participating in summer school. Any advice ou

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  • Preschool: LRE IN PRESCHOOL

    Victoria:  Our school has started a preschool classroom for children diagnosed with ASD and one for children with Behaviors. These students are placed in these two rooms away from their typical peers. Some of these students do well with learning from their typical peers. How do I advocate for them to be integrated back into their regular classrooms? (I’m a professional in the bu

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  • College / Continuing Ed: COLLEGE PROFESSORS SAYS I’M NOT DOING MY OWN WORK

    Donna:  I am a freshman student at a community college with asperger syndrome. I was confronted and questioned by my accounting professor that my project was good, “in fact too good”. He insinuated I must have had help from someone. Help is encouraged by way of a writing and math center. However he believed I received 80 percent help from someone else therefore he is telling me I must redo the project. I’m insulted by the assumption I could not be doing my own work. What shou

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  • Complaints: IEP TEAM WILL NOT LISTEN TO ME

    Ildiko:  The team would not listen to my suggestions, asked them to include them in IEP documents, they make note either twisting what I said or not writing it down. I have been writing letters, requests…requesting meetings until they hear me out…what

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