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Category Archives: Eligibility

Who’s “Entitled” to Services, Without “Wasting” Time and Money?

Posted on 07/26/2019 by Wrightslaw — 14 Comments ↓

How does an IEP team determine if a special needs student is entitled to services such as Occupational Therapy and Speech Therapy? Is the school 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 | 14 Comments ↓

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

Posted on 04/26/2019 by Wrightslaw — 29 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 | 29 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 — 17 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 | 17 Comments ↓

Can the School Delay the Evaluation Over the Summer Break?

Posted on 07/05/2018 by Wrightslaw — 4 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 | 4 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 — 2 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 | 2 Comments ↓

Kids with Passing Grades Eligible for 504 Plans, IEPs? YES!

Posted on 10/26/2017 by Pam Wright — 26 Comments ↓

Did you know that kids with disabilities who get good grades may be eligible for 504 plans? Yes! The Office for Civil Rights (OCR) restated this fact AGAIN in their Continue Reading →

Posted in Eligibility, IDEA 2004, Section 504 | Tagged ADHD, Eligibility, IEP, Passing Grades, Section 504 | 26 Comments ↓

Reevaluation: A “Must” Before Termination of Eligibility

Posted on 04/06/2017 by Wrightslaw — 11 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 | 11 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 ↓

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“I started to panic when Ryan’s new math teacher says he’s failing, he’s unmotivated, and needs to try harder. BUT, it dawns on me that this young teacher doesn’t know a thing about ADHD. And I could use some help with the homework struggle too."
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Support for school personnel and parents training are often overlooked as keys to a child's success in special education program.

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Caslaw Review - Wrightslaw

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In this issue of the Special Ed Advocate you will find a sample of decisions on special education legal issues and learn how the courts apply the law and regulations.

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Get OSEP UPDATES - a monthly newsletter with the latest information from the Office of Special Education Programs. Stay informed with the latest news coming out

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KTVN 2 NEWS: School Watch
Pete Wright - "I think parents feel overwhelmed and in fear that the school knows what they are talking about, and if they don’t have the money to provide the services, there is no point in asking for it. If it’s clear the kid needs it, there is no question about that, they’ve got to provide it, and they have to contract privately.”
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