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

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Current Topics & Questions

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  • Graduation: TRANSITION GOALS NOT MASTERED, CAN SCHOOL FORCE GRADUATION?

    02/27/2017

    Kellie:  At the end of my daughter's senior year she will have earned the required amount of credits to graduate. She will not, however, have mastered her IEP/transition goals. We do not want her to receive her diploma so she can return to school. Can the District force us to accept her diploma? Can she return to school until she is 22 and attend the school for more academics and vocational t

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  • IEP Compliance: IEP REPEATEDLY NOT BEING FOLLOWED

    02/27/2017

    Kelly:  I work at the school that my child attends. We had his IEP and agreed that he needs a stability ball. I requested a follow up IEP to track progress. After the initial IEP I made it a point to drop by his class unannounced and check to see if he was being given the ball, visual checklist, and other easily visible and quick checks I could make. The ball according to the teacher had "just popped". Weeks went by. Still no ball. I spoke with the Principal and the teacher numerous times and the principal stated that she had purchased some in previous years and would check into it. The follow up IEP took place and I mentioned that when he had the ball he showed a decrease in symptoms. I asked that we keep that accommodation and that we

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  • Class Ratios: STUDENT/TEACHER RATIO FOR KIDS WITH DISABILITIES

    02/27/2017

    Tina:  What is the student teacher ratio for students with disabilities, in the cl

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  • Accommodations: GETTING PUSH BACK FROM SCHOOL ON REASONABLE 504 HOMEWORK ACCOMMODATION FOR ADHD

    02/27/2017

    Nancy:  I have a 2e 6th grader. Highly gifted and diagnosed with ADHD. She was given a 504 in elementary school. Despite getting good grades in class, she was completely disorganized and her standardized test scores became stagnant for over 4 testing periods. The school pulled her into a small group for testing to help pace her and her scores jumped back up. She is highly disorganized, weeks of completed homework sitting in folders, not turned in. Elementary teachers always accepted them late so it wasn't a problem. Now she is in middle school and her gifted classes have a no late homework policy. If it's late, it's a zero. Despite providing every child a chromebook, they also have a no electronic work policy. Everything must be printed. My daughter always does her homework every night but often forgets to print it,

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  • Speech: REGULAR EDUCATION TEACHER ON IEP FOR 3 YR OLD SDD PLACEMENT

    02/27/2017

    Pam:  I am a Speech Therapist and work in Early Intervention. I can not find consistency in the frequency of days offered to my clients. All of them are labeled SDD with speech and language impairment. My caseload is 100% Latino. My clients get 1-2 days a week for 3 hours a day (children with ASD, identified syndromes) This is drastically different than other populations of children in Clarke County Georgia. I am also concerned that with ALL of my caseload the school has the parent sign in their space and also have them sign as the Regular Education Teacher space.?? Is that appropriate and/or legal? My clients parents have also been told that they will be called and notified when their child can begin school (already have IEP finalized) because they will be testing several other children and would prefer for

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  • Absences: SCHOOL INSISTS MARKING UNEXCUSED FOR DAUGHTER WITH CHRONIC MIGRAINES AND TREATMENT PLAN

    02/27/2017

    RIchelle:  My daughter has chronic migraines, and frequently has had to leave school or has missed entire days because of her migraines. We have tried several different methods of controlling them, and are now on botox treatments and acupuncture, which are showing promise. We got a 504 plan, which didn't include everything that she needed, and is now at least in part not being followed. A few weeks after the 504 plan went into affect, the attendance clerk refused to allow my husband or I to excuse her from school. Every time she is counted as unexcused, even though we sign her out from school or she misses and we communicate with the school. The unexcused absences affect her ability to participate in winterguard (extracurricular activity), but the attendance clerk will not budge from the district attendance policy. If I or my

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  • Services: SCHOOL SAYS I MUST WRITE HIGHER MINUTES IN IEP THAN I CAN PROVIDE

    02/27/2017

    Mary Ann:  I am a special education teacher and I have an "exploding" caseload. My district has acknowledged that another 1/2 time teacher is needed, however, I am being asked to do something that is making me uncomfortable. They want me to put higher minutes in the IEP and advise parents that I am not able to currently meet all of the minutes listed, however, the district is in process of reviewing the needs and will "make-up" minutes lost upon hiring another employee. I asked if I could write this into the IEP and I was told "no". I am uncomfortable writing minutes I physically cannot service with no guarantee to the parent written into the IEP. I am assuming they are asking me to verbally address this so that if mediation were to result the IEP does not reflect the agreement.

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  • Section 504: ELIGIBILITY DETERMINATION

    02/27/2017

    Diana:  My son has depression and anxiety and is struggling at school. Both his psychiatrist and therapist have provided documentation of both his diagnosis and how it is significantly impairing many life activities. We had a determination meeting and the school psychologist had behavior inventory results from 5 teacher's observations and these results showed no significant findings. So, they are saying he is not eligible for a 504. I need documentation that teachers observations are often invalid as they think his difficulties are excuses for being irresponsible, lazy and having a poor work ethic (all things they have said to me). Also his therapist said the testing he did shows that he hides his depression and keeps everything inside so he may seem happy on the

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  • Speech: SPEECH SERVICES DURING PE

    02/27/2017

    Alex:  Can I request that my child be pulled for speech services during PE? (Cal

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  • Class Ratios: SMALL GROUPS WITH IEP AND NON-IEP STUDENTS

    02/27/2017

    Holly:  What is the law regarding the number of students that a special education teacher can service in a small group in addition to the IEP students? It is my understanding that at least 51% of the students in the group must be

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  • Homebound Instruction: RECEIVED ONE HOUR OF HOMEBOUND IN 8 WEEKS

    02/27/2017

    Crystal:  My son is in kindergarten and is not on any specific plan like I have seen others post about but he does go to behavioral therapy and has sensory issues. 7 weeks ago he broke his leg sledding and has been in a hip to toe cast. Doctor did homebound paperwork and it was sent to the principle. It took her over 11 days to respond to me about setting up homebound. Again we're going into week 8 and I have seen the homebound teacher one time for one hour. I have not had a single call from anyone at the school regarding my son or how he is doing or anything at all! His teacher emails me and she even left me work to pick up for him. I'm not sure if they aren't concerned because he has tested for

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  • Absences: SCHOOL REFUSING SERVICES BECAUSE OF ABSENCES

    02/27/2017

    Lisa:  I have a child that has had an IEP for several years (shes now in 3rd grade). She has been evaluated by the school and an outside source and has been found to have a reading level of a kindergarten student at best. I asked the school to place her in an after school reading program and they have refused. They have stated that because of her excessive tardies and absences they feel that she hasn't been able to learn. How do I go about getting her services? She really needs the help and is starting to become very negative about school and l

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  • Transportation: NEED TO CHANGE TRANSPORTATION COMPANY

    02/27/2017

    Karen:  I am looking for some guidance with requesting a different transportation company for my daughter (transportation is in her IEP) We have had 2 very big incidents since Sept where drivers are not engaging the red lights and stop signs on the bus when loading or unloading (NYS V and T Law reds MUST be on) Currently I am transporting her and it's caused a lot of emotional trauma for her. Is there any way to compel this based on the repeated offenses of not following the law? (I have both incidents on

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  • Manifestation Determination: MANIFESTATION MEETINGS AFTER the 10th DAY OF SUSPENSIONS

    02/27/2017

    Dawn:  If a student has been suspended 10 days, has had a manifestation meeting, and the behaviors were determined to be a manifestation of his disability, does he need to have an additional manifestation meeting each time he is suspended after that first meeting. A FBA and BIP have been completed. I believe that the number starts back at zero for the next manifestation meeting, but was recently told that after the initial 10 days, a manifestation meeting was necessary for each additional suspension. Which is correct? Also, can the student be suspended for additional days, after the manifestation meeting and prior to the FBA and BIP being co

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  • Related Services: COUNSELING, BOARD POLICY – BANNED FROM SCHOOL

    02/27/2017

    Kristi:  I am a licensed prof counselor and serve mainly Special Ed, 504 and Tier 3 students. I am a private provider and serve one school. I can bill for services in my state, Louisiana. We have a Coordinated SyStem of Care to enable those that need services in home or school to be served. Our parish Superintendent decided to ban all private entities from going in schools in January. My principal nor I could believe it. My client's parents were outraged and scared because my school is so rural (25 min from town where office is located) and knew that it would be nearly impossible to continue services if I didn't come to them. I am written in the IEP on some of these kids that I provide services. These kids have not had services since Jan.9. Out of my 24

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  • Re-Evaluations: RE EVALUATION FOR 2X UNDER A 504

    02/27/2017

    Debbie:  I have requested for 4 years for the school to re evaluate my child. His psy. ed. from 2012 is very outdated and they just continue to refuse. It showed a 48 pt discrepancy in his processing, and 2 other categories, which I know is 3 deviations from the norm and should have warranted further testing at that time, along w/ what the BRIEF reports showed. His diagnosis is ADHD ( I have studied all of this and just made another request, as my sons new counselor says it has got to be done before high school starts in the fall.) He believes my child is misdiagnosed. IQ 138 ruled invalid w/ a QAI of 148 due to the standard deviations of 2 &3 on his testing. I had also requested an IEE; which I have just been ignored on over

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  • Sports Eligibility: ACADEMIC ELIGIBILITY FOR SPORTS IN PRIVATE SCHOOL

    02/27/2017

    James:  My son attends a private Christian school in Illinois.Up until 4 years ago he attended public school where he had an IEP for ADHD. He is now going to be participating on a high school sports team at another local private school since his school does not offer the sport. His grades are terrible and he would not meet academic eligibility requirements for the school where he will be participating on the sports team. His mother is claiming that the school would be discriminating against him if he was not allowed to participate due to his grades since he has (had most recently 4 years ago) an IEP. Is there any validity to this claim? I've tried to research it and I've only found rules for accommodations for schools that receive federal funding and even with that I saw nothing that

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  • Evaluations: WRITTEN PRIOR NOTICE AFTER DISPOSITION OF REFERRAL?

    02/24/2017

    Judi:  I'm new to the special education process, I had a Disposition of Referral meeting Feb 2, I was under the impression I was supposed to receive Written Prior Notice after the meeting in the mail. But, I never received anything, so 8 days ago I emailed everyone on the team requesting copies of any notes and all papers from the meeting with a description of what test/evaluations were ultimately decided on at the meeting and a list of who would be conducting them, because I couldn't remember what exactly was said at the meeting. And then also called and spoke to a member of the team requesting the above, and still haven't received anything even though they've started evaluations? Does this seem right? Is written prior notice not necessary after the disposition of referral? Any advice would be appreciated t

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  • Elopement: TEACHER LIABILITY FOR ELOPEMENT

    02/24/2017

    Gena:  If a student leaves a classroom and walks home, is the teacher liable for not immediately noticing that the chi

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  • Independent Educational Evaluation (IEE): IF PARENT SIGNS IEP, CAN I REQUEST IEE LATER?

    02/24/2017

    Patricia: If a parent "agrees" and signs and IEP, can they later request

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  • Autism: CONTINUUM OF SERVICES, FEEDER SCHOOL MODEL

    02/24/2017

    Michelle:  Continuum of services in an Autism Center based program. My son will be a freshman for the 2017/2018 school year.  IEP puts him under the umbrella of the Autism Program. Our school district has decided to implement a program at the high school level and is not following the feeder school model which will cause my son to lose peers/classmates that they have attended school with for the past few years and also remove them from their community. The school program is not in town, has no sidewalks or community to navigate to work on life skills outside of the classroom. We were not asked for input. When I asked for a meeting I was not responded to. School district website states their goal is to keep communities together, follow the feeder school model, minimize bus support and much more. Yet,

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  • Retaliation: SCHOOL REFUSES TO EVALUATE, UNDER POVERTY GUIDELINES, CAN NOT GET HELP

    02/24/2017

    Kelli:  A disabled, single parent, who's income meets poverty guidelines sought help through Legal Aid. They stated they did not have the resources to help her. She reached out to other agencies, but was always referred back to Legal Aid. Situation: Child's school refused to evaluate for 3 years and had punished the child for 3 years: missing recess due to not keeping up with work, lunch detentions for being tardy to class as the child has difficulty using the stairs. Served afterschool detention, despite parent's disagreeing, as the child was "trying" to defend himself as he was put in a headlock, then flipped onto the gym floor, sustaining injury. The mother called the sheriff for bullying and assaults that continued, despite the school being made aware. School retaliated, denying the child intra-district enrollment 2.5 miles from their home, to which he'd

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  • IDEA 2004: HOUSE BILL 610

    02/24/2017

    Andrea:  If House Bill 610 passes and private schools start receiving federal money - will they have to comply with IDEA that requires any school that receives federal money to provide special education s

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  • Related Services: CONTRACTED PROVIDERS – DO I HAVE TO SIGN CONSENT?

    02/24/2017

    Amy:  Our district has a contract with a BCBA to provide services in a self-contained class within the district. They aren't listed anywhere on the IEP or in the BIP, however the BIP does include a lot of wording from their behavior program. Now they've denied his progression in the program because I wasn't provided (and so I hadn't signed) a Consent to Treat. Who's problem is this? Should the district hold responsibility since they hadn't provided it, or are they justified in not providing the service as written in the IEP because there was a delay in my signing it?. I hesitated to even sign it since the district has the contract with the provider,

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  • Stay Put: WHEN DO YOU USE STAY PUT?

    02/23/2017

    Laura:  How and when do you use stay put in an IEP vs. rejecting the omission of language in l

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  • Eligibility: SCHOOL SAYS DOESN’T QUALIFY UNDER OTHER HEALTH IMPAIRED

    02/22/2017

    John:  Can someone give us some guidance? 10 year old diagnosed by MD with ADHD (mixed type) and Sensory Processing Disorder. Does not meet diagnosis for ASD yet presents with many elevated scores on ASR. Difficulty interpreting social cues and metaphorical language. Unable to take in verbal instructions unless broken down step by step. Copies assignments from white board into his notebook but when he gets home he has no idea what it means.. He needs special services (in our opinion) but school says he's just "quirky" and "lazy". He has no organizational abilities and if we did not bring him in for "study hall" to get one on one instruction every day he would be failing. 3rd grade, As and Bs; 4th grade, As and Bs. 5th grade, C's and Ds.. How do we convince the team that he qualifies for

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  • IEP Compliance: SCHOOL REFUSES TO FOLLOW IHP WHICH CALLS FOR COMMUNICATION

    02/22/2017

    Jill: Our school district administrators instructed our daughter's 1:1 nurse and case manager to not speak with us regarding her eating drinking and toileting at the school. We have an IHP attached to the IEP which calls for specific communication regarding eating drinking and toileting and other healthcare needs. Our daughter has well documented issues regarding how her seizures effect her ability to eat, drink, and urinate at school. She lost 20 lbs last year due to this issue. She also has well documented times where she has held her urine for very long periods of time and at times will not drink or eat as well. We had to remove our child from school due to this refusal to communicate with us (parents) as we need this information in order to care for her appropriately after school. We requested an IEP

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  • Documentation: HOW TO DOCUMENT SUPPORT RECEIVED IN PRIVATE SCHOOL?

    02/22/2017

    Tania:  My son is in private school and I need to document the support he is getting because we are moving. His last IEP was in kindergarten (now 4 years outdated) but he has been home-schooled until this year. The school district states can't get an IEP until he is enrolled in public school (not sure if that's true). So, how do I officially document his current support? My husband has a job that requires periodical relocation so we really need this pape

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  • Sports Eligibility: PARTICIPATING IN SPORTS

    02/22/2017

    Maria:  My daughter was a cheerleader through middle school, can she be excluded from participating in high school cheer saying that is not qualified for HS cheer

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  • Autism: SCHOOL REFUSED MY SON’S BIRTHDAY PARTY AT SCHOOL

    02/22/2017

    Jessica:  My son has ED and autism disabilities. He is in third grade (regular school). We are close to moving him to another school with services he needs and waiting for his tests done. Now is February, we can move him to another school probably for next school year. I scheduled his Birthday Party with his teacher, she was ok with that. But the last day she refused my son's Birthday Party because has been told by a resource specialist. I ask what is the reason since my son is not suspended and she told he is not listening teacher, so he didn't earn it. I sent her an email and asked to provide information with school rules when a school can refuse child's Birthday Party at school. What is my next step? What else c

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  • IEPs: HOW DOES A SCHOOL DETERMINE THE AMOUNT OF SPECIALIZED INSTRUCTION (IEP HOURS)?

    02/21/2017

    Stephanie:  How does a school determine how much specialized instruction a student needs? Are there laws that guide this process? Who determines how many hours a child w

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  • Section 504: TIMELINE FOR SECTION 504 MEETING

    02/21/2017

    Mary:  I requested a 504 meeting with my daughters school the first week of school. it's already into February and still no 504 meeting has been set. Is there a legal timeline or guidelines that they have in

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  • Evaluations: COPY OF EVALUATION TO PARENTS?

    02/21/2017

    Kate:  Are parents in NY required by law to receive copies of reports such as psycho-educational evaluations five days prior to CSE m

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  • Curriculum Standards: ELA CORE CURRICULUM STANDARD

    02/21/2017

    Jane:  It is a state standard that student be able to speak to an audience. I have two students in inclusion general ed 7th grade who have 0's due to not reading to class from journals - one student didn't talk at all until 3rd grade and the other has issues due to being on the s

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  • Behavior: IEP HELP FOR BEHAVIORS OUTSIDE SCHOOL HOURS

    02/21/2017

    Margaret:  My son has an IEP and he did great last year. This year his team is brand new and they are telling me they will not help with behaviors outside school hours. His IEP minutes have been cut in half and his behaviors are deteriorating. Legally, aren't they supposed to provide help for this during the sch

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  • Retention: HOW TO RETAIN A SPECIAL NEEDS HOMESCHOOLER?

    02/20/2017

    Lynn:  I recently started homeschooling my daughter mid year. She is in 6th grade with Down syndrome and does not want to go to middle school yet. She was in a special education class at a school away from our homeschool. She was about to transition to middle school. She has a brother in 4th grade that looks out for her but they were unable to attend the same school. I want to be able to retain her for two years and have both of them start middle school together. I want to homeschool her and get permission for her to attend specials in our neighborhood school. Now that I am homeschooling her, who do I go through to have her r

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  • FAPE: NO PRE K CLASS AVAILABLE FOR 3 YR OLD WITH DOWN SYNDROME

    02/20/2017

    LKindy:  if a 3 year old Down Syndrome student cannot attend afternoon classes due to health reasons (eligibility= OHI) and the school says they only have room in the gen ed pre K class in the afternoon, does that qualify as providing/offering a program so therefore they don't have to offer anything else, i.e., begin another classroom to meet this student's unique needs, satisfy IDEA? Related services of OT, PT and S & L will be

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  • Accommodations: SCHOOL WON’T HELP SENIOR SON WITH IBS TO GRADUATE

    02/20/2017

    Juan:  My son is a senior with I.B.S. The school won't help him graduate and has provided no accommodations. I have meeting a with school principal and all my sons teachers about his absence. With all his teachers we have the documentation submitted, the clinics excuses - but he also had a lot of going to the restroom or anxiety attacks at school and

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  • IEP Revision: IEP REVISION TIMELINE?

    02/20/2017

    Jacie: After a meeting, is there a time limit on revising the minutes and the new revi

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  • Medication: PARENT NOT PROVIDING MEDICATION FOR STUDENT

    02/20/2017

    Alexandra: I have a student with Bi-Polar disorder whose parent in not administering her medication at home due to physician conflicts. The student has become a physical threat to peers and is consistently running out of class. How can we prevent her from self injury or hurting

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  • Bullying: OUR DAUGHTER HAS BEEN BULLIED BY A HOMEBOUND TEACHER

    02/20/2017

    Ellen:  Our 15 year old daughter has been chronically ill for 2 years and has a 504. The school provides homebound services. The teacher who was responsible for teaching our daughter never showed up. She was hired for 5 hours per week of homebound services. Over a 2 month period she was here for 45 minutes. I called a meeting with the school and explained how this teacher was never there. The teacher was in the meeting and didn't deny it. This teacher found my daughter waiting for us in the library that same day and coerced her into signing made up hours. She wrote down that she was here 5 hours a week and manipulated our daughter, who is in constant pain and not clear headed, into signing these hours. Our daughter felt bullied but when she's told to do something

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  • Services: DENIED SPD CLASS BECAUSE TEACHER TO STUDENT RATIO CAP

    02/20/2017

    Darren:  Does CA unified school district have a student to teacher ratio in an SPD class? I am being denied entry for my son to a program because they said the cap off is 8 students

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  • Charter Schools: CHARTER SCHOOLS AND IEPS

    02/20/2017

    Jennifer:  Can a charter school deny admission to a child with an IEP? On their application it has an area to check whether they have a 504 or IEP. I was called and they said they could not service my child. After all that I have read up on, it looks like this would be discrim

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  • Re-Evaluations: CHANGING ELIGIBILITY CLASSIFICATION TO JUSTIFY LACK OF PROGRESS

    02/20/2017

    Chris:  Originally eligible as a child with an emotional disturbance and ADHD, in each of the last two revaluations, the district has increased the severity of the disability. First, they added SLDs in 6 different areas and most recently, they changed to an intellectual disability. The child has consistently had a pretty low IQ (about 76) but math is markedly lower than other areas. Rather than increasing services and supports, they are lowering expectations. What c

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  • IEP Meeting: MAY I DESIGNATE A PROXY TO ATTEND MY CHILD’S IEP?

    02/20/2017

    Julie:  I have a chronic illness and am not always able to attend IEP meetings. May I designate my mother, with whom my child and I live, to attend IEP meetings as m

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  • Section 504: SCHOOL DID NOT IMPLEMENT 504 – DUE PROCESS OR OCR?

    02/20/2017

    Debra:  My child originally had just a 504 plan. The school didn't provide accommodations according to 504 plan and failed the kid. We recently just have an IEP in place. Where should I file a complaint? Starting both a due process and with OCR? Once a child has an IEP in place, would the 504 automatically go away or both parties have to termi

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  • Eligibility: SCHOOL SAYS CHILD WITH AUTISM, ADHD, ANXIETY, ED DOESN’T QUALIFY FOR SPECIAL ED

    02/20/2017

    Kacey:  Child is 7th grader in CA, has had multiple diagnosis, but District says he does not qualify for spec ed. They gave him a 504 plan, then took away more than half his accommodations. They gave him an assessment and said he does not qualify for Spec Ed. I filed for an IEE and the District filed due process (coming up soon). Our child had an IEP (speech and Lang) but the district strong armed us in giving it up in exchange for an extensive 504 plan then takes away the 504 plan except for a few accommodations. How do we get the district to give him services? I did file a complaint with OCR but they take years to investigate a matter. The District recently created their own 504 plan without our consent and implemented it, they claim they do

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  • Behavior Plan: HOW LONG DOES SCHOOL HAVE TO PREPARE BIP

    02/20/2017

    My son is 13 years old with an autism diagnosis. He also has a rare genetic disorder called ADNP Syndrome. We had an FBA at the end the last school year, and another FBA several months ago. The IEP team told us our son's BIP would be ready in two weeks. We've never heard back from the school. My son continues to struggle at school. What we've asked for is a dedicated para. He had one K-5, but when he transitioned to middle school the para was taken away. The FBA clearly shows that he gets off task, out of seat, and disruptive when the teacher leaves his side. His behaviors (pinching, pulling hair, some pushing) are disruptive to other students. He is in a self contained class room. He is completely nonverbal. ANDP is a serious condition. The school system can't

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  • Speech: DENIED PUBLIC SCHOOL BECAUSE THEY DON’T OFFER SPEECH

    02/20/2017

    Nicholette:  my child is being denied entrance into a public school because they don't offer spee

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  • Behavior: STUDENT IN SPECIAL EDUCATION CLASS BEING ASSAULTED, DISTRICT DOING NOTHING

    02/20/2017

    Pauline:  I have a student in a special education program and he has a class mate that continues to hit and kick my son as well as the adults and other peers in that class. We live in Oregon and the child already has an aide, and has about 30 restraints against so far. The family of this student is very litigious and I fear the district is not program reviewing him into a more appropriate placement. He already has an FBA and a BSP. My child misses 30 minutes - one hour of classroom time due to this child's behaviors. Is there anything I can do? I am not saying this child shouldn't get an education but I know of a far better program that would fit his needs and keep the rest of the kids in that class and my

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