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

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Current Topics & Questions

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  • Speech IEP: CAN SCHOOL REQUEST A DIAGNOSIS?

    Renee:  My daughter is 6 and on an IEP for Speech only. She has some behavioral concerns that would fall under sensory processing disorder. I have not requested any accommodations to be made in the classroom. She is currently receiving all A's and 2 B's (Math and Art) It was just requested by her teacher for a copy of her diagnosis. Can a school district request that information out of the blue? Do they have a right to this information if she is performing i

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  • Section 504: UPDATING 504 PLANS

    Beth:  Does updating 504 plans require a parent to sign off on the plan -in writing? How often can the district ask for a medical diagnosis from the

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  • Teacher Issues: GEN ED TEACHER INPUT FOR IEP ACCOMMODATIONS / MODIFICATIONS

    Heidi:  How much input does the gen ed teacher have on what accommodations are being included on an IEP? Some modifications take a lot of time and it can become a lengthy list. At what point is it reasonable for the teacher to say, "I can't do all o

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  • Test Scores: CHILD V. ADULT EVALUATIONS, WISC, WAIS

    Tammie:  I need help understanding where adult vs child evaluation impact a student. We are in 11 grade and they used an adult test vs the WISC. Example WISC working memory was as 91 this new one WAIS IV was an 86. On the WAIS all subtest scores varied with slightly different scores. On the Woodcock Johnson from 2014 scores and this past months all scores have go

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  • FERPA: OBTAINING COPIES OF DISTRICT TESTS IN MICHIGAN?

    Lisa:  I live in Michigan, and want to get copies of a couple of tests that my son has taken in one of is elective classes (Health class). He is a special ed. student. My son's teacher is stating that I can come in to view the tests, but I cannot have copies of the tests since they are "district tests". Is this true, or does a law (such as FERPA) allow me to obtain actual copies of the tests from the

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  • Expulsion: PRIVATE SCHOOL EXPULSION

    Jane:  On Tuesday my 16 year old son was suspended at private school for inappropriate touching. He touched a girls rear end b/c he thought she liked him. She didn't and told a friend who reported my son. I received a phone call today after 4 from the dean requesting that we come to a meeting at 8 on Monday. The dean did not want to tell me what was going on but when I asked her if my son should come she said she could tell me over the phone but she didn't want to. Then she said he couldn't attend school there again at all and called it sexual harassment. My son did do this to another student once last year and we have and are addressing it with meds and treatment. He's a great kid with a learning disabilities

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  • Section 504: 504 FOR ADHD NOT WORKING, SCHOOL REFUSES RE-EVAL

    Debbie:  son evaluated in 4rd grade. IQ 138 (unusable) QAI 148, by school testing. Showed some sig. areas of concern 45/48 pt discrepancies on testing, why his IQ is unusable. Have a 504 for ADHD. The school has continually refused further eval or to re-eval. He is now in 8th grade and still falling behind, reading, writing, thinking and processing are awful. It is taking weeks to get 1 paper written. Classwork becomes homework daily. None of his 504 is actually followed and the accommodations just do not work, mainly due to teacher failure. It puts all responsibly on child to "get it done". I requested IEE, 4 yrs later still no word and now they say cannot find request for it. ( I have all documents/emails/faxes. My son has been in and out of counseling and nothing is helping. They say

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  • Parent Rights: COMMUNICATION WITH SCHOOL

    Amber: Looking for what parents rights are with communicating with the school. Have been repeatedly asking for the same question to be answered since Oct 3,( responses were dismissive.) plus other issues as they come up.The school wants to limit my communication with them. Can they legally limit my communication? If so, what would be the criteria and how can they limit? Any links to the law would be

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  • Discipline: TEACHER DUMPING DESK OF ADHD CHILD FOR PUNISHMENT

    Gelina:  My Grandson is severe ADHD the teacher dumped his desk on the floor and then made him clean it up in front of his peers while yelling at him. What is his rights regarding this . He has an IEP and specialized reading class and speech

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  • Inclusion: IS THIS LEGAL-STUDENTS NOT WITH PEERS?

    Ashley:  Students I teach are categorized as Level II/III students. I teach in a K-3 building. The school district is wanting these students to stay in our building until 4th grade, then go straight to Middle school (6th-8th grade)-- skipping the 4th/5th grade building with their peers. Is this legal?! Do parents hav

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  • Autism: MIDDLE SCHOOL WANTS DIFFERENT PLACEMENT, THEY DON’T HAVE ENOUGH SUPPORT

    Shabiha:  My 11 y/o old son has autism, non verbal, uses a communication device for his needs and exhibits meltdown and behaviors related to his diagnosis. Recently started middle school. He has no history of aggression in the past years not even a single incident with the same school district. Fully toilet trained for 5 yrs, again with no accidents. In the second and third week of school he scratched and pinched his aid and started urinating on himself. He was prohibited from participating in orchestra since he makes sounds and cross country because school does not have enough support. School wants outplacement for him due to his behavior. What shoul

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  • IEPs: IEP END DATE APPROACHING – SCHEDULING CONFLICT FOR REVIEW MEETING

    Cam:  My teenage child's IEP ends at the end of this month. There is a scheduling conflict. I have been asking for the review for several weeks, but the school is not available until 1-3 days before it ends. A member of my team will be out of town that week. Can I schedule the IEP Review a few days after the end date without any problems or pe

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  • Goals: APPROPRIATE IEP GOALS

    Alyssa:  I am a special ed teacher in Texas. All of our IEP goals are measured by report card grades. I.e. "By the next IEP, Sam will use context clues to determine the meaning of unfamiliar words as demonstrated by earning at least 70% in his English class." Is this appr

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  • Autism: NEED HELP FOR CHILD WITH AUTISM IN STATE HOSPITAL

    Jessica:  I need some help on how to get my autistic nephew out a state hospital in Louisiana, where he is being abused, due to 0 social skills. He is 14 and has behavioral problems with the autism. So due to uneducated justice system and community here, they just sent my nephew to this horrible hospital, where he is getting worse, and is in fear of his life. How can I file a formal complaint against the staff? Need leg

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  • Independent Educational Evaluation (IEE): IEE REVIEW TIMELINE

    Dawn:  After an IEE report has been submitted, what is the time line in which a school has to meet to review the f

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  • Educational Records: SPED SUPERVISOR FALSIFYING STUDENT RECORDS

    Karen:  Please Help!!! I have a parent in a district and we discovered the Special Ed Supervisor changed her child's Progress Reports from 2012-2016. The Supervisor dated the changes 2/2016, added a narrative and data, reported on the wrong goals, deleted previous data put in by former Case manager teachers. The parent filed a Formal Complaint with the district and its been a month long investigation. Teachers have been interviewed, all in an effort to find a progra

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  • Homebound Instruction: SCHOOL DENIES HOMEBOUND IN SPITE OF SURGEON’S REQUEST

    Paul:  We are in a battle with my daughter's school. Colon removed a year ago, bag on her side.  Home bound last year. now school said she was denied this year do to new guide lines. Her Surgeon said no way she is to go back to school until she is completely healed up, has done the paper work over and over. They are still turning it down !! How. Can we fight? This is in Prince William County Virginia

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  • Classification: EBD ELIGIBILITY

    Frustrated mom:  School wants to label my son as EBD. He only has problems at school (teacher hates him, his brother has emotional issues, I am taking him to therapy to help) . Is it ok to say he is emotionally disturbed only at school but not across multiple settings? We live in

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  • Transfers: WHICH IEP IN NEW DISTRICT?

    Chelsea:  If a student moves from one state to another and brings an IEP with them. Does the new district have to meet the previous schools IEP temporarily until they meet and establish/create a

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  • Transfers: SCHOOL SAYS INCLUSION SETTING NOT AVAILABLE

    Rohini:  My son is 4 yrs at the time of testing,and he has an IEP from HISD,TX recommending him to be placed in Inclusion class for 5 days,full time,but we moved to Charlotte Mecklenburg County,Charlotte,NC. They don't have inclusion program and they say he will not be eligible for NC special needs education,even before testing,and currently placed him in Self contained class room.They are pushing me to private schooling. What should I

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  • Teacher Issues: GENERAL EDUCATION CASELOAD

    J:  if students from a special education self-contained classroom are placed into a general education classroom for mainstreaming time, do these students count toward the general education classroom teacher's caseload (I.e., do the numbers matter if that teacher is being forced to go over contractual student numbers, and the students from the special education classroom are not being assigned to any general education classroom teacher's class r

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  • Bullying: CAN I USE PHONE APP TO RECORD BULLYING IN THE CLASSROOM?

    Becky:  My daughter is being at school but school said not true.  I found an app on cell phone that could monitor her thru the day.  I used it and sure enough found out several kids are involved.  Can I take the recorded app to prinicpal and let her hear it so something can be done? Can i use this recorded data to prove she is getting bullied by more than one kid. Is it against the law. I was doing it for her

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  • Parent Rights: CAN I USE SOME DEVICE TO MONITOR SCHOOL AUTHORITIES?

    Debbie:  I like to know if its legal to monitor my kid's school with any kind device. I have issues with a CA school district. as a parent, i don't feel safe to send my kids to school. it feels like school is suspicious, i can see fear on my kids face from school authorities and his teacher. seems like school is avoiding parents invo

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  • Eligibility: PARENT REQUEST TESTING, SCHOOL REFUSES UNTIL RTI COMPLETE

    J:  My child has struggled every year. It's been 3 years so I've requested testing for my child but the school said they won't test till the "RTI..(?)" process has been exhausted. Can they

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  • IEP Compliance: IEP ISN’T BEING FOLLOWED, WHAT DO I DO?

    Tammy:  My son has an IEP, it is very well written and seems to contain all services, modifications, and accommodations that he needs. However, the IEP isn't being followed. He has not gotten all the services, accommodations, s b d modifications that are listed in the IEP. What do I

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  • Preschool: SPED SERVICES FOR PRESCHOOL STUDENTS

    Katie:  I live in a state that does not have mandatory Preschool and does not have a Pre-K program in each school district. My local school district does not have a Pre-K program, but there is a local Head Start program. My district special education director says that 3 to 5 year-olds with IEPs MUST enroll in the local Head Start program with whom the district has a Memorandum Of Understanding, or the district is not obligated to provide special education services. Is this accurate? What happens to preschool students with IEPs who live in a district where there is no Head Start, no preschool/day care, and no state pre-K

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  • Highly Qualified Teachers: NON-CERTIFIED SPECIAL EDUCATION TEACHER

    Peter: I had an ARD meeting and I seemed to know more about special education procedures than the teacher. I looked up his certification and it has expired 3 years ago. What

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  • Letters: LETTER ABOUT ATHLETIC ELIGIBILITY AND 504 PLAN

    Maria: My son is receiving 504 services in Ohio as a sophomore in high school. He has recently dropped a class, which has him now at 5 credits. He plays baseball, and now his principal is asking for a parent letter stating that we fully acknowledge that if he fails a class he will be ineligible to play due to the 5 credits, because of dropping this class. What would you suggest we include in this letter due to the 504 in place?

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  • IEPs: TIMELINE FOR DEVELOPING IEP WHEN STUDENT RE-ENROLLS

    Catherine:  Is there an Ohio Timeline for a student who enrolls in school AFTER their IEP has expired? At high school we get re-enrolled students who had dropped out before. They re-enroll with expired IEPs. I have just been told to "get around to it when possible". I would like an exact timeline, if there is one, I didn't locate a timeline for this on the state

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  • Response to Intervention (RTI): RTI DELAYING EVALUATION FOR MONTHS

    Stephanie:  I teach students with learning disabilities, and I am a parent af such a child. The state in which I teach has opted to follow the RTI process for determining a need for an evaluation for special education. Is there a faster way to evaluation if a child is extremely low academically and has already been held back? I understand about not over identifying, however it seems like a very long process for a child already two grade levels behind and the thirty year veteran teacher noting a major concern as well. As the special education teacher, I am asked this question often. Usually, it involves a child who has had a medical diagnosis of aspergers, ADHD, or may have speech/language services as well. I do not understand why we need to gather 8 to 10 data points over 16 to

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