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  1. I need some feedback as soon as possible!!
    My daughter graduated HS and received an attendance certificate.
    She was supposed to return to school for 2 days a week for 1 year, which by then she would have aged out.
    I had asked if I withdraw her from school for any reason before she ages out if it would affect her graduation. The school said “no”.
    I used to work for the school and thus it was convenient, now i had to resign and want to withdraw her. The school said I can withdraw her but then she would not graduate. She has met ALL of her graduation requirements.
    What can I do and if she does not graduate how will it affect her.
    The reason the school provided for not wanting to grant her the graduation certificate is that she needs to be either with MHMR or the Texas workforce.

    • Manuela, this is a very odd situation. I work for the TX parent training & information center that assists parents of students with disabilities. If you go to our webpage, http://www.prntexas.org you can find our staff person that works with your part of the state. TX does not have an attendance certificate. If they have met their graduation requirements, they are to get a diploma. Many students “walk the stage” with their peers, & then come back until they age out. cnot59@hotmail.com

  2. Is either the LEA or private school required to conduct a Manifestation Determination for a suspended or expelled special education eligible student parentally placed at a private school? The student has a service plan with an ASD eligibility, but not an IEP.

    • In such a situation the American’s with Disability Act could apply regarding the private school, if the student was discriminated against because of their disability. It is enforced by the Office of Civil Rights. The local school district still has an obligation to serve the student.

  3. I am having trouble finding answers related to my daughter’s specific situation. The school is supposed to provide a one on one nurse in the event a private duty nurse is not available per her IEP. We are currently on week four of not having a private duty nurse. The school has an LVN that I went in and trained on caring for my daughter. The issue is now the school is letting me know when that nurse is available which is only about half of the time she should be in school. I don’t think this is right and I expressed my concerns for her missing so much school and asked for alternative solutions such as home school on the days their nurse isn’t available. Now they want her doctor to say the home school is medically necessary which is completely not the reason for my request.

  4. During my daughters IEP, I brought up concerns that I had about the teachers choices for next year. I was then asked my the teachers at the meeting to give examples as to why I felt they were not the right fit for my daughter. They following day I was called into the principals office and was told that I had no right to talk about my concerns for the other teachers. He said that after the meeting he was told about what I said. It made the teachers in the meeting feel uncomfortable to hear that a parent did not want a certain teacher.
    I stated facts and what I had observed. It was not a personal attack, but a not the right fit discussion. My concerns were noted in the IEP.
    My question is, how do I talk about my daughters needs if I am not permitted to speak opening and honestly?

    • I am not clear on what the principal’s position is on your concerns. Principals have control over teacher assignments. Typically teacher assignment is best discussed with them. If he will not discuss this, you can take your concerns to their bosses, and the director of special education.

  5. My son has 2 specific learning disabilities and adhd. Right now he’s in a discipline school for a fight he had. He’s been there since September cause he has trouble following the rules there and it’s a hard point system. Like if you turn around in your seat you lose a point. He’s never going to get back to regular school and I don’t know what to do. I asked for extra testing but was told they couldn’t right now bc our homelife isn’t so good right now. I looked in the procedural safeguards and I thought we might go back to ARD but no. I feel like I’m getting the run around. Please help.

    • I work for the TX parent training and information center. Our staff can assist you. You can find the staff that works in your area by going to prntexas.org If you have any problems connecting with someone, let me know. cnoe59@hotmail.com

  6. If we don’t agree with my son’s IEP and didn’t sign it can we just send an e-mail to the school saying we don’t agree and would like to meet again? Would this suffice to stop the IEP from being put in place? Or can they still go ahead with their plan?

  7. My daughter checks out of school the last two hours of the day, every day and misses days for decompression to prevent her severe anxiety attacks due to her ASD/OCD diagnosis. She received a RX stating that absences and tardies are not to be held against her due to her need for decompression and anxiety. This was written for her in 4th grade to follow her in her file. The school is refusing to give her the work she misses class. She is also diagnosed as profoundly gifted. She has had straight As from 1st-7th grade. She is in 8th grade now. She currently has Incompletes and Fs in all her classes. Is there anything I can do about this? Any advice will be welcome.

  8. Hi all, I am in Nebraska and am having a hard time getting my daughter with Down Syndrome services Bc they claim we have to do IQ score to verify with the academic testing for the 20 pt discrepancy. However, I know this is not true. But can’t find the law that changed in 2014 stating other forms of assessment can be used for verification.

  9. I am looking for information regarding accommodations and/or laws or policies regarding dress code at a middle school. I’ve tried all of the above and can’t seem to find anything. It’s not regarding punishment for not following it – it’s regarding inability to follow it due to disability. Can someone point me in the right direction?

    • Every state has a federally funded Disability Rights group. They should be able to give you some information and advice on this.

  10. Hi.

    Can you help or recommend who can answer this question(s)?

    My son is Fed setting 1, senior in high school. He ended up taking 2 Special Ed classes this fall instead of 1 (this was our choice based on the school’s offerings for math this year and not based on the team stating that he had any need for an additional SPED class environment). The SPED staff thinks he now needs to be Fed setting 2 for the spring.

    My questions are:

    -Does the Federal setting need to be changed from 1 to 2 if the class schedule exceeds the 21% by just a few minutes per day?
    -Would it help to state in the PWN that for this spring, the family is choosing this extra SPED class but that his fed setting shouldn’t change?
    -Is the entire day (including lunch time and passing time) included in the total number

  11. My child’s IEP includes “pull out” services and in several locations in her IEP it states she will go to the “resource room.” I have learned that there is no resource room and she has been provided special education services in a cubicle in the lobby and what they call a “break out space” which is a table in the hallway. I believe this is a violation of her IEP and I have filed a formal complaint with the state. I cannot find case law regarding this particular issue, can anyone assist?

    • I would be more concerned about who is teaching her and is the environment conducive to her learning. I don’t know if DOE specifies the type of setting in which specialized instruction should take place if it’s not in the regular classroom…but it’s important that your daughter receives FAPE and her needs are met in the same way the needs of other students are met.
      As a parent I would also want to be sure that a setting like this doesn’t create a social problem for my child – some kids love to pick on the one child that’s sitting in the cube in the hallway. A separate resource room that looks like just any other classroom is less likely to create this kind of targeting – in my opinion.

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