Top Menu

  • Wrightslaw.com
  • Advocacy
  • Sped law
  • Training
  • Store
  • Newsletter
  • HELPline
  • Blog Home

Wrightslaw Way

Special Education Law and Advocacy

Primary menu

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

Category Archives: Eligibility

Are Kids with Passing Grades Eligible for 504 Plans and IEPs?

Posted on 04/16/2023 by Wrightslaw — 50 Comments ↓

Are Kids with Passing Grades Eligible for 504 Plans and IEPs? Continue Reading →

Posted in Eligibility, IDEA 2004, Section 504 | Tagged ADHD, Eligibility, IDEA, IEP, Passing Grades, Section 504 | 50 Comments ↓

Is Special Education for Some Children a Waste of Time and Money?

Posted on 11/26/2021 by Wrightslaw — 18 Comments ↓

How does an IEP team determine if a student with special needs is entitled to services such as Occupational Therapy and Speech Therapy? Is the team allowed to say that Continue Reading →

Posted in Eligibility, FAPE, IDEA 2004, Related Services, Special Ed Law, Special Education Regulations | Tagged Eligibility, FAPE, IDEA 2004 | 18 Comments ↓

Different Kids – Identical IEPs? Using “Pull Down Menu” IEPs

Posted on 04/26/2019 by Wrightslaw — 30 Comments ↓

Spring 2019: Thanks to one of our readers who emails a reminder   – The school system I work for is changing to a computerized version of the IEP. The Continue Reading →

Posted in Eligibility, IEPs, Special Education Regulations, Strategies, Teachers | Tagged Goals and Objectives, IEPs, progress, unique needs | 30 Comments ↓

Why “No” May Not Really Mean “No”

Posted on 12/27/2018 by Wrightslaw — 16 Comments ↓

As a parent, have you asked the school to help your child only to have the school dismiss or deny your request? What did you do? Most parents seem to Continue Reading →

Posted in Advocacy, Eligibility, IDEA 2004, IEPs, Letters | Tagged denial of request, Eligibility, gatekeeper, IEPs, Letters, unique needs | 16 Comments ↓

If You Have a Dispute, Litigation is the Last Resort

Posted on 09/14/2018 by Wrightslaw — 22 Comments ↓

We requested that our son be put in an inclusion classroom at his home school. The school denied our request. We don’t have an attorney. What can we do? Should Continue Reading →

Posted in Advocacy, Attorneys, Due Process, Eligibility, Legal News, Special Ed Law, Strategies | Tagged Advocates, Attorneys, due process, Inclusion, Litigation | 22 Comments ↓

Can the School Delay the Evaluation Over the Summer Break?

Posted on 07/05/2018 by Wrightslaw — 6 Comments ↓

I am a special education teacher. There are only 35 days of school left and I have gotten 4 requests for initial testing. There are only 45 days including weekends Continue Reading →

Posted in Eligibility, IDEA 2004, Tests & Assessments | Tagged Eligibility Determination, Evaluations, school evaluations | 6 Comments ↓

TEA Special Education Improvement Plan and Corrective Action Response

Posted on 03/29/2018 by Wrightslaw — 3 Comments ↓

Update: March 19, 2018 from the Texas Tribune. “The TEA released the 42-page draft strategic plan Monday, a couple of months after a 15-month federal investigation concluded Texas had not Continue Reading →

Posted in Child Find, Eligibility, FAPE, IDEA 2004 | 3 Comments ↓

TEA Violated Federal Laws – Corrective Action Ordered!

Posted on 01/18/2018 by Wrightslaw — 3 Comments ↓

In 2016, investigative reporter Brian Rosenthal broke a story in Texas and wrote a series of articles for the Houston Chronicle that rocked the world of special education far beyond Continue Reading →

Posted in Child Find, Eligibility, FAPE, IDEA 2004 | 3 Comments ↓

Reevaluation: A “Must” Before Termination of Eligibility

Posted on 04/06/2017 by Wrightslaw — 17 Comments ↓

Bottom line: Eligibility decisions must be based on comprehensive evaluations. Terminating your child’s eligibility from special ed is not a unilateral decision the school alone can make. The school is Continue Reading →

Posted in Eligibility, IDEA 2004 | Tagged classification, Deaf, Eligibility, Hard of Hearing, OSEP Letters | 17 Comments ↓

Sixth Circuit: Child’s Autism No Longer Adversely Affects Educational Performance – No IEP

Posted on 01/12/2017 by Wrightslaw — 2 Comments ↓

On November 17, 2015 in Q.W. v. Board of Education of Fayette County, Kentucky the Sixth Circuit upheld a District Court decision which concluded that a child with autism lost Continue Reading →

Posted in Autism, Cases, Eligibility, IDEA 2004 | Tagged autism, caselaw, Eligibility, Q.W. v. Bd. of Ed. Fayette County | 2 Comments ↓

Post navigation

← Older posts

Shop the Wrightslaw Store


Surviving Due Process: Stephen Jeffers v. School Board

About Surviving Due Process: Stephen Jeffers v. School Board (DVD Video)

Find Advocacy Supplies in
The Advocate’s Store!

Inside every Wrightslaw book, you’ll increase your knowledge, find answers to questions, and sharpen your skills.

Wrightslaw: Special Education Law, 3rd Edition
About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book


Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About Surviving Due Process: Stephen Jeffers v. School Board (DVD Video)

Wrightslaw Community HELPline online forum
Need More Answers?
Check the Q and A Database

Topics A - Z
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

More Q and As from Wrightslaw
Accommodations - IEPs
LRE - Transition

Recent Comments

  • Chuck on IDEA Funds for Postsecondary Programs – While Still in High School
  • Chuck on Teacher Rights under IDEA? Teacher not allowed to speak to parents.
  • Christie M on IEP Team: SERVING AS AN LEA REP ON IEP TEAMS
  • N. W. C. on Can Parents Demand a Member of the IEP Team be Excluded?
  • Ash on Teacher Rights under IDEA? Teacher not allowed to speak to parents.
  • Debbie V on IDEA Funds for Postsecondary Programs – While Still in High School
  • Chuck on IEP FAQs: What should be the “Effective Date” on IEPs?
  • Desiree C on IEP FAQs: What should be the “Effective Date” on IEPs?
  • A & J P on Transportation: SCHOOL REFUSES TRANSPORTATION IN IEP FOR AN AUTISTIC CHILD
  • Chuck on IDEA 2004 and Private Schools
  • Teknik T on What are the Qualifications for an AT Evaluator?
  • Tanya H on Behavior: SCHOOL SAYS CAN’T HANDLE BEHAVIOR ISSUES
  • Ashley S on IDEA 2004 and Private Schools
  • Chuck on Sports Eligibility: SPORTS ELIGIBILITY FOR STUDENT WITH IEP
  • Chuck on Parent Rights: RIGHT TO TRANSFER CHILD TO DIFFERENT SCHOOL?

Recent Posts

  • Wrightslaw Training Just Outside of Dallas, TX!
  • Are Kids with Passing Grades Eligible for 504 Plans and IEPs?
  • Wrightslaw Training Just Outside of Cleveland!
  • Special Offer! Wrightslaw Special Education Law, 3rd Edition
  • Special Offer! Save $10 on New Wrightslaw Special Education Law Book
  • What Are Pete Wright’s Predictions in Perez v. Sturgis?
  • Special Education Advocacy Summit (SEAS) – Registration Deadline Extended!
  • ALL Wrightslaw Products 25% OFF!
  • Who Can Provide Special Education Services?
  • Wrightslaw Training Schedule – See What’s New!
  • Wrightslaw Special Education Law and Advocacy Training in Atlanta, GA
  • Wrightslaw Training in Sturbridge, MA – Just Outside of Worcester!
  • Wrightslaw Training in Sturbridge, MA on September 29th
  • What To Do When the IEP Meeting Is Too Short
  • Find Your Dream Job: Know Your Interests

Wrightslaw Training Conferences

2023
Sept. 14 – Hills AFB
Sept. 28 – Hartford, CT
Sept. 30 – Dallas, TX
Nov. 2 – Long Island, NY

2024
June 3-5 – San Antonio, TX

See Entire Schedule

The Special Ed Advocate Newsletter

Join our weekly subscribers who get game changing:
         information & articles
         new caselaw
         tactics & strategy
         resources & free pubs


To thank you, we’ll link you to…
COOL TOOLS from Wrightslaw

Enter your email




Topics

  • Abuse / Restraints
  • Accommodations & Modifications
  • ADA
  • ADD/ADHD
  • ADHD
  • Advocacy
  • Allergy / Anaphylaxis
  • Assessment and Evaluations
  • Assistive Technology
  • Attorneys
  • Autism
  • Behavior / Discipline
  • Bullying
  • Cases
  • Child Find
  • College & Continuing Education
  • Compensatory education
  • Complaints
  • Conferences
  • Confidentiality
  • Coronavirus
  • COVID-19
  • Damages
  • Discipline
  • Discounts
  • Discrimination
  • Discrimination / Section 504 / ADAA
  • Documentation
  • Down Syndrome
  • Due Process
  • Dyslexia
  • Education Policy
  • Education Records / FERPA
  • Education Reform
  • Eligibility
  • ESEA
  • ESY
  • Extended School Year (ESY)
  • FAPE
  • FAQs
  • FERPA
  • Food Allergy
  • General Info
  • Health
  • Health & Medical Issues
  • Health Care
  • Humor
  • IDEA 2004
  • IEPs
  • Inclusion
  • Independent Evaluations
  • Institute of Special Education Advocacy ISEA
  • Law School
  • Learning Disabilities
  • Learning Disabilities & Dyslexia
  • Legal Decisions
  • Legal News
  • Letters
  • Living
  • LRE
  • LRE / Inclusion
  • Military Families
  • No Child Left Behind
  • online learning
  • Parent Rights & Responsibilities
  • Parent-School Disputes
  • Parent-School Relationship
  • Placement
  • Political Action
  • Reading
  • Related Services
  • Research
  • Response to Intervention
  • Restraints
  • Retaliation
  • Retention
  • School Administration
  • School Culture
  • School Improvement
  • Seclusion
  • Section 504
  • Seminars & Training
  • Special Ed Law
  • Special Education Regulations
  • State Complaints
  • Strategies
  • Students
  • Success Stories
  • Supplementary Aids and Services
  • Teachers
  • Tests & Assessments
  • Training
  • Transition
  • Twice Exceptional (2e)
  • Twice Exceptional 2e
  • webinar
  • Wrightslaw Products

More on The Wrightslaw Way

  • Comments Policy
  • Q & As from Wrightslaw: Accommodations – IEPs
  • Q & As from Wrightslaw: LRE – Transition
  • Wall of Shame – Comments Open

RSS Feed RSS Feed        

Subscribe to the Wrightslaw Way Blog

Don't miss any Q & A Discussion on the
Community HELPLine!

Enter your email address:

Wrightslaw will be in Cleveland, OH on Thursday, April 20th! Register today for the Wrightslaw Special Education Law and Advocacy Training. Check it out! https://www.wrightslaw.com/speak/23.04.oh.htm ... See MoreSee Less
Wrightslaw Special Education Law is available today! Thanks for all your support!Here is a link to the page about the book, answers to questions, link to download a free chapter, and info about the special offer of $10 Off. https://www.wrightslaw.com/blog/special-offer-save-10-on-new-wrightslaw-special-education-law-book/ ... See MoreSee Less
Coming Soon! Wrightslaw: Special Education Law, Third Edition Twenty-five years have passed since Pete and Pam Wright posted the first articles on Wrightslaw and published the first book about special education law. The new Third Edition of Wrightslaw: Special Education Law expanded to include other laws that affect the education of individuals with disabilities, from preschool through graduate school, and licensing exams.In addition to the Individuals with Disabilities Education Act of 2004 (IDEA), the new edition includes * Section 504 of the Rehabilitation Act of 1973 (Section 504)* Americans with Disabilities Act 0f 1990 (ADA) * Family Educational Rights and Privacy Act (FERPA)* McKinney-Vento Homeless Assistance Act, and * Portions of the United States Code, Federal Rules of Procedure, and the U.S. Constitution. We will post more info about Wrightslaw: Special Education Law (and how you can order it) soon! ... See MoreSee Less
What a story! "Parents expand class-action suit, claim state worked to deny rights of disabled students" (top of fold headline, Richmond Times-Dispatch, Jan 25, 2023) ... See MoreSee Less

Parents expand class-action suit, claim state worked to deny rights of disabled students

richmond.com

“It was much worse than any of us had expected,” said lead plaintiff Trevor Chaplick, who alleges decades of systemic violations in Virginia.
What are Pete's Predictions in the Perez v. Sturgis Damages Case? On January 18, 2023, Pete and Pam Wright attended Oral Argument in the Perez v. Sturgis damages case. What is this case about? Who is likely to prevail?During the Oral Argument, Pete paid close attention to the Justices' nonverbal body language as questions were asked and answered. He made notes of the questions and of each Justice's nonverbal body language during the rapid-fire exchanges. Pete wanted to predict how each Justice was leaning -- pro-child or pro-school district. He wanted to know if Miguel Luna Perez had votes from enough Justices to prevail.You will find Pete's predictions at the end of this post: ... See MoreSee Less

Will the Supreme Court Help or Harm Children with Disabilities

www.wrightslaw.com

On January 18, 2023, the Supreme Court heard Oral Argument in Perez v Sturgis Public Schools. What is this case about? Why does the case matter? Who is likely to prevail?
Oral Argument before the Supreme Court in Perez v. Sturgis Public Schools (01/19/23)On Thursday morning, Pete and Pam Wright went to the Supreme Court for oral argument in Perez v. Sturgis. Pete took notes about justices who seemed to be pro-child v pro-school. From the questions by the justices and their body language, we felt oral argument went well. Six justices appeared sympathetic to Miguel, one appeared to favor the school, and two were unclear. When the decision is published, it will be interesting to see how accurate our estimate was.I'm writing an article about oral argument that should be published early next week. ... See MoreSee Less
Registration Deadline Extended to January 15, 2023!Please Share! Registration for the Special Education Advocacy Summit (SEAS) is Open! https://www.wrightslaw.com/speak/23.02.tx.htm The St. Mary's University School of Law in San Antonio is presenting the Special Education Advocacy Summit (SEAS), a two-and-one-half day training program in special education law and advocacy from February 2- February 5, 2023.For the agenda, registration, application, fees, and the certificate in special education advocacy, go to the Wrightslaw SEAS page at https://www.wrightslaw.com/speak/23.02.tx.htm ... See MoreSee Less

Special Education Advocacy Summit at St. Mary's University School of Law in San Antonio, February 2, 2023 - February 5, 2023

www.wrightslaw.com

The St. Mary's University School of Law in San Antonio, TX presents the Special Education Advocacy Summit, a two and one-half day legal advocacy training program on February 2 - February 5, 2023
* * Supreme Court to Decide Damages Case Brought by a (Former) Child with a Disability * *In October 2022, the Supreme Court agreed to hear an unusual case brought by Miguel Luna Perez, a 23-year-old deaf man who filed a lawsuit against his school district for compensatory damages under the Americans with Disabilities Act. This appears to be the first case brought by a former special ed student on his own behalf. Perez v. Sturgis is also unusual because it re-opens the issue of exhaustion of administrative remedies before filing a lawsuit in federal court. In 2017, SCOTUS issued a decision about exhaustion In Fry v. Napolean. Five years later, SCOTUS agrees to hear another exhaustion case . . . possibly to clear up lingering confusion around this issue? Link to https://www.wrightslaw.com/law/art/2022.perez.sturgis.scotus.htm which also includes links to pleadings and amicus briefs.* * * Oral argument in Perez v. Sturgis is scheduled forWednesday, January 18, 2023. Pete and Pam Wright plan to attend and will share their impressions. ... See MoreSee Less

Supreme Court to Decide Damages Case Brought by a (Former) Child with a Disability by Peter Wright and Pamela Wright

www.wrightslaw.com

U.S. Supreme Court agrees to hear Perez v. Sturgis about compensatory damages under the Americans with Disabilities Act (ADA) and exhaustion of administrative remedies in ADA cases.
ALL Wrightslaw Products are 25% OFF. Books, PDFs, E-Pubs, Kindles, Training Downloads and Advocacy Supplies included. Use Coupon Code 11302022 to receive the discount. Be sure to Apply Coupon when placing your order. https://www.wrightslaw.com/store/index.html ... See MoreSee Less
Today, 12 National Disability Organizations filed an Amicus Brief in Perez v. Sturgis Public Schools, asking the Supreme Court to reverse the Sixth Circuit decision and protect the civil and educational rights of children with disabilities and their families. You can download the Amicus Brief here: ... See MoreSee Less

www.wrightslaw.com

www.wrightslaw.com

Other Wrightslaw Websites

Wrightslaw.com
FETAWEB - From Emotions to Advocacy
Harbor House Law Press
IDEA 2004
Yellow Pages for Kids
The Wrightslaw Way Blog

About Us

The Wrightslaw Story

Up Close & Personal

The Untold Story: Florence County v. Shannon Carter

Copyright © 2023 Wrightslaw Way All Rights Reserved.
Theme: Catch Evolution by Catch Themes