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

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Current Topics & Questions

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  • Accommodations: 504 ACCOMMODATION

    Julie: Help me to understand that in a Section 504 plan, how is having a student placed in a co-taught classroom as an accommodation a service driven by an IEP goal. This service has been provided to the student with an IEP, now moving forward the district is fighting it

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  • Placement: CHANGE OF PLACEMENT DUE TO PSYCH HOSPITALIZATIONS – OHIO

    Mary Jo:  The school is writing first IEP for 12-yr old student. School wants to include change of placement in this initial IEP – to a school in a different district. Is the decision made by majority vote if the parents do not agree with this? Student has had recent psych hospitalizations but has never presented a behavioral problem or reason to discipline at school. I read somewhere that for implementation of placement change in initial IEP, parents mus

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  • Behavior: VIOLENT BEHAVIOR

    richard:  when an EC child bites, kicks, scratches, gouges with fingernails, what rights does our child have vs the rights of the offending child? what role in the school hierarchy would be responsible for observing violent behavior and recommending a course of action for that child and for that cl

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  • Services / Terminating: IEP REFUSAL – Ohio

    Shannon:  my son had an IEP for the last 2 years. They terminated it in may stating he didnt need it bc he was doing so well. They knew I was sending him to a private school and didnt tell me that there is no IEP available there. in aug i got nervous about losing the iep..i contacted the Spec. Ed. Dir. and asked to get son placed back on it, he said that was not possible. A month later the school kicked him out. i have been begging to get him back on an iep and i am getting met with extreme resistance. Now my son started the public school in a general Kinder class and he was asked to leave on his second day. They keep telling me they need to follow the system and that they need more documentation.

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  • Re-Evaluations: REFUSE TESTING OR LABEL

    Jessica:  My child is 7 and still has the DD label. We are up for re-evaluation (in Virginia). She has come so far in the last 2 years but clearly needs continued services and everyone agrees. However, we have had battles with (not great) teachers about her placement who have tried to use the indication of an intellectual disability and the fact that our school has an ID program as a reason to place her in that classroom. I am terrified for the re-evaluation that she will get the ID label and people will, incorrectly, view it as a reason to underestimate her abilities and to then have low expectations for her. Should I refuse the IQ test? Can we refuse the ID label if it is a

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  • Teacher Issues: WRITING IEPS FOR KIDS I DON’T TEACH

    Kathleen:  My school has not hired a permanent second grade Special Education teacher for the 2015-16. The eight special education students in second grade have a long term substitute teacher (who is not certified as a teacher). I have been asked to write the IEP for one of the student’s who’s IEP is currently up for review. I don’t provided any instructions to either of the students so all their data comes from the regular education teacher and long term substitute special education teacher. As a certified teacher, I don’t feel comfortable signing off on an IEP in which I provided no academic instruction for a student. What are my

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  • Transportation: BUS DROP OFF RESPONSIBILITIES

    May:  My son (18) is still in HS as a post grad. Recently, bus is dropping him off at home and immediately driving off whether or not our garage is open. Transportation and IEP Team say that he is either fully independent and they are allowed to drop him off and leave immediately, or someone always needs to meet him at the bus. We will not always be available to meet the bus. He can use a code to enter, if garage is closed, and then call me. The wait will be less than 30 sec. What responsibility for safety does the school district have while transporting a student with special needs? What to include

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  • Reading: HOW DO I GET WILSON FOR MY DYSLEXIC CHILD WITH AN IEP

    Hollie:  My son is diagnosed dyslexic 4th grade student with dysgraphia reading on a 2nd grade level with 5% word decoding skills. He had Fundations for a year and improved an entire deviation. They changed to System 44 which I proved is not an appropriate reading placement because it is not an independent research based program and not accepted by Clearinghouse. They are changing him to Corrective Reading which I am concerned will not help because it is not OG based. Everyone, including the reading specialist for the district, says he needs Wilson, as it has proven that multi-sensory approach works for him. School WILL NOT provide Wilson as he says his needs are not great

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  • Documentation: FOIA REQUESTS FOR SCHOOL COMMUNICATION

    Cory:  We are beginning the appeals process again. Am I entitled to written communications between school officials on my daughter’s issue? Realizing laws will vary from state to state but I imagine that there are state/county equivalents of freedom of information act

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  • Services: SCHOOL SAYS NO MONEY FOR SERVICES ON IEP

    Julie: My son is in 7th grade. His IEP says that he would benefit from being placed at an instructional level of 4th grade in the area of math. He was actually placed in the 7th grade resource room and learning 7th grade math. He was then put in the 6th grade resource room, at the 6th grade level. It is still too hard! He as a huge gap of missing skills. They say they can’t do a pullout because there is no money. How do I get them to follow t

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  • Section 504: SCHOOL SAID “MUST FAIL” TO GET 504 PLAN

    Ann:  My 8th grade daughter has been diagnosed with PTSD. I had wanted to request a 504 plan for her since she is having trouble concentrating but was informed by the district coordinator that the committee needed evidence that she was functioning below grade level or failing her classes. She is in advanced classes so she is not functioning below grade level. She got 2 c’s for the first marking period. I want her to feel comfortable in school and have the opportunity to meet her potential. Is the district acting in accordance with the ADA? If not, what document could I refer the coordinator to so that my daughter would be considered for a 5

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  • LRE: FINING SCHOOLS FOR NON-COMPLIANCE WITH LRE MANDATE

    Irene:  Is it legal for states to mandate the percentage of students with an LRE of 50 and to make school districts pay if they have too high of a percentage in another LRE category. My friend told me her school is getting fined 90,000 because they have too many students with an LR

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  • Placement: FORCED PLACEMENT WITHOUT FBA OR ATTEMPTED SUPPORTS

    Kathleen:  My son has ADHD, ASD, DMDD, ODD, HCD and a Mood Disorder NOS. His behaviors at school have become manic at times. I have requested a one on one para and have gotten no where. He has been suspended 4 times for 3 days each. They moved his class and implemented consequence system as part of a BIP with no FBA. His ABA therapist goes there as much as possible but thats about to end. They are now trying to force me to consent to placement in a highly restrictive center that I have visited and do not like. His behaviors at school are symptoms of multiples of his diagnosis. Can they force a change in placement without a Manifestation Hearing? Can I request this hearing? What shoul

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  • IEPs: AMENDING THE IEP

    CornelS:  The district insisted my preschool son be in a contained class, I fought for inclusion and they agreed with a stipulation to review in 30 days and amend the IEP if they see fit. They also insist that this be written in the IEP. Is this acc

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  • Accommodations: ACCOMMODATION: COPY OF CLASS NOTES

    Teacher1294:  What is the interpretation of the accommodation: “Copy of class notes”? If a child’s IEP states they will be provided a copy of class notes, must those notes be provided as a hard copy or is an electronically assessable copy acc

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  • Grades: NOT GRADING WORK, INFORMAL ASSESSMENT

    Eva:  I have never encountered this…. We met as an IEP team and decided to hold a student back in the 8th grade pending an independent assessment. The child’s placement was to remain unchanged until we learned more. I just found out the school has NOT been taking her attendance but has had the high school do so, and has NOT been grading her work. The teacher has simply been informally assessing progress toward goal. Is this even

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  • IEP Meeting: WHO CAN ATTEND IEP MEETING?

    Amanda:  Last week I received the conference announcement with the people listed who would attend our IEP. At yesterdays meeting, there was a district sped teacher there to assist in writing the IEP, though she has never taught my son. (I shared my concerns about the draft IEP goal/objectives and how they were written with his sped teacher via email) What responsibility does the school have to inform me of last minute attendees to my meeting, especially when they do not have a professional relationship w

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  • Transfers: CHANGING SCHOOLS AND PTSD

    Debra:  We lived in one District and then moved to a neighboring District. My child has always had an IEP. She did well at the prior District but has been bullied in school in the new District and refuses to go to school. She has been diagnosed with PTSD. The new District CST refused to put in the IEP that she should return to her prior District although their psychiatrist said she should go back there. I filed for mediation because the District wants to classify her now as emotionally disturbed when she was fine before she changed schools. The District will agree to pay her tuition at the neighboring school but will not pay the tuition. Is thi

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  • IEP Revision: DISTRICT REFUSING AGREED UPON CHANGES TO IEP

    Jill:  Sped director told new IEP team “The district has an obligation to offer FAPE, the parents can THEN engage with the district in a discussion, agree, disagree, or make requests” District created new document. After we insisted that the district hold another meeting that would accommodate related services staff who could contribute to the creation of the document , the district begrudgingly held a meeting then created an amendment which refuted their final offer of FAPE. After signing the amendment, the district says that their offer is final and the amendment will only apply to the signed IEP from 2 years ago. District refusing to add agreed changes from the new IEP into the new offer

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  • Consent: TIMELINE FOR “WRITTEN INFORMED CONSENT” – FL

    Informed Consent:  Florida districts are discounting informed consent given as part of a parental letter of initial request for eval (“This letter and my signature to serve as informed consent for evaluation for ESE services under IDEA”), waiting 30 days to give parents the “required district IC form” – which is allowed by state guidelines – up from 20 days as of July 2015 – then starting 60 day timeline from the day their “required form” is signed. Nowhere in IDEA does it state IC must be given in any specific form – is this practice a state sanctioned violation? Per OSEP there’s no form requirement yet they signed off on sta

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  • Accommodations: NEED TIME MANAGEMENT ACCOMMODATIONS FOR 2E CHILD

    Janet:  Help,please. I needs some ideas before Fri. My son is 2e, struggles with organization and time. Late most days. Last year I turned the hot water off every morning afer 15 min. This year I am am not going to be his time keeper. I got hm an alam. He wakes up on time, just stays in the shower for ever. I also go him a baking timer that he will not use. Any good goals and accommodations you can think of. For time management,a organ

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  • Bullying: SCARED TO SEND CHILD TO SCHOOL..

    Charlotte:  Filed a complaint against school personal for allowing Autistic child to be harmed emotionally and physically by other students. Investigation was done by school officials. They stated Child’s rights were not violated even though this abuse continued for three months. They did offer sensitivity training for all staff and students as well as my child an aide. I ask for a male aide for MALE ONLY areas of the school. They refused and said staff on hand could take care of these areas. The same staff that stood by and let it continue before. Are they required to educate my child at home until we can get these issues re

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  • Classification: ANXIETY DISORDER

    Mary:  My son has been dx with anxiety. Anxiety is a neurobiological disorder. His medical team and I believe his ED classification ought to be changed from ED to OHI. He used to be dx (by his pcp) with ADHD. I feel the school treats him in a way that he is controlling his behaviors when incident after incident show he was over stressed and reacted. I live in NY. Are there any good resources that I can use to fight the

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  • Modifications: MODIFICATIONS IN HIGH SCHOOL IN VIRGINIA

    Claire:  My son’s Case Manager tells me that you cannot have modifications in a high school SOL course. This does not sound lawful, and goes against the meaning of an INDIVIDUALIZED Education Plan. My son has always had major modifications and is fully included in 8th grade (and always has been). But when discussing high school transition, I’m told in high school he can no longer have these modifications in SOL courses. He will not pass them without MODS. He will not pass SOLs anyway… but my son is a very unique situation. Pleas

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  • Preschool: PRE K BEHAVIORAL ISSUES

    Samantha:  A pre k student with behavioral issues is bullying other students he chokes punch, kicks and I’m not talking little one he leaves marks the principal say she cant expel him because he has special needs because of his behavioral problem so if he special needs cant they put him in a classroom by himself away from the other children so no more kids

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  • Eligibility: IEP TEAM WANTS SERVICES, SCHOOL SAYS EVAL IS NEEDED

    Julie:  I would like some legal clarification. If a student has an IEP for a Speech and Language impairment (receptive language), and the IEP team feels that additional academics services are warranted, isn’t it the legal right to have those additional services? We are being told by administration that they need to be evaluated and found eligible for another area of eligibility (i.e. SLD) in order to access resource room or teacher consultant s

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  • Compensatory Ed: HOW ARE COMPENSATORY SERVICES PROVIDED?

    Tricsh: My son is entitled to a large amount of speech compensatory services, and the school district is saying they are to be provided during his school day. However this takes away from his regular school day schedule, how can it be compensatory if it is taking away from a regular sch

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  • Behavior: MAGNET SCHOOL ISSUES

    Shirley:  I have a child in kindergarten enrolled in a Magnet School that requires you to make a certain grade in conduct to remain in the school after Christmas break. He is very smart but has been clinically diagnosed with ADHD, ODD, Separation Anxiety & Adjustment Disorder. We are getting him on tract but we have used all of our c time figuring it out. Because of it being a Magnet School do we have any recourse for getting back some of the time we use during the testing period. Can we in any way legally request a time extension or can they do as they wish because of the fact that they are a Magnet

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  • Section 504: SAMPLE 504 PLAN FOR PRIVATE SCHOOL

    Denise:  Are there any samples/examples of the way a 504 needs to be written for a dyslexic student in a private school? Student is already receiving accommodations but will be entering HS next school year. Would like current accommodations listed in 504 so it can transfer to HS. Was told a principal could writ

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  • Modifications: SDIs

    Tim:  Who is responsible for implementing Sdi’s ? For example: highlighted words or symbols on tests and

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