Community HELPline: Find Answers to Your Questions

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

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Current Topics & Questions

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  • ESL / ELL: NOT LABELED ELL BUT SHOULD HAVE BEEN

    Melissa: Our daughter was adopted from India at age 4. On her Kindergarten enrollment form we put 2 foreign languages down as her first languages. I have a copy of that form. There was a "mistake" and the "secretary" entered "English" into the system. Our daughter was never given the WIDA Access test. She was in 4th grade last year we fought to have her tested and she was labeled ESL. Do we have any recourse for the mistake they made and for those years of her never receiving the help she needed? Did they violate the law by not having her tested even though we stated two different foreign languages on her enrollme

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  • Evaluations: AUTISM EVALUATOR?

    Lenore:  Several years ago I recall reading on wrightslaw.com website that if a parent suspected autism to be a handicapping condition, then the school district needed to select an evaluator who had training and experience in autism. Is that still the case? Is it state specific (I live in NY)? If this is true, and the district does not have a qualified staff person to perform the evaluation, can the parent request an IEE with a neuropsychologist who has the proper training and exp

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  • Consent: HOW LONG IS CONSENT TO RE-EVALUATE VALID FOR?

    Vanessa:  How long is consent to re evaluate va

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  • FERPA: DOES FERPA LAW PROHIBIT CLASSROOM OBSERVATION?

    Martha:  Does the FERPA law prohibit parents from observing their special needs child during class if they are taking a test with the inclusion teacher or homeroom

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  • Accommodations on Tests: DSM DIAGNOSES FOR ACT/SAT ACCOMMODATIONS

    Erica: Is a DSM diagnosis required to document the request for accommodations on the

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  • Evaluations: SCHOOL REFUSES TO EVALUATE BECAUSE OF ABSENCES

    Tera: I live in Oregon. I have requested my sons school to test him for learning disabilities which they did and said they needed to retest due to attendance, which was a problem at the time, but that was two year's ago and is no longer a problem but the school insists that they wont test because his attendance is bad. We are now at a new school and going through the same thing, they call me almost daily about his behavior and want me to attend meetings but continue to ignore my concerns. Please help Ive gone to the doctor they referred me to a psychologist who is going to test for autism spectrum disorder but nothing else. Please help I am beyond frustrated at this point. I dont know how to get him the help h

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  • Services: WEEKS OF MISSED SERVICES BECAUSE OF TEACHER ABSENCES

    LJ:  When my child's SPED teacher is absent/has a meeting/is ill, he doesn't get pulled for services, nor does he get in class services. At this point, he has missed many weeks of services all together. Do they HAVE to provide a SPED teacher daily? How do I get them to make up lost s

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  • Observation: CAN MY SONS COUNSELOR OBSERVE HIM AT SCHOOL

    Tiffani:  I was told my son's counselor can not come during "certain" times to observe him at school. Is th

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  • Evaluations: TEXAS DISTRICT KNOWINGLY DESTROYED EVALUATIONS TO DENY SERVICES

    Connie: I reside in Texas and believe my 12 y o son was one of many affected by the 8.5% cap the Texas Education Agency arbitrarily placed on enrollment in Sp ed. as he should of received services starting 5 years ago. Through request of son's student record (3 requests to get the record only 24 hours before 504 when began requesting 1 week before )I realized evaluations I had provided were missing from four years prior. I provided school with psychiatric and psychological testing when he had behavior problems in kindergarten, ADHD dx and placed on meds. More behavior problems and the school had an RTI meeting with a school psychologist in attendance, I again provided another psychological exam. School said would contact me to schedule a meeting, never contacted, school refused further testing. I then had a private evaluation by

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  • ESL / ELL: ADOPTED CHILD 4 YRS OLD, SPEECH THERAPY ASSESSMENT?

    Elizabeth: (WA State) Our daughter adopted from China was tested originally by the Birth to Three folks when she first came home and they were unable to test her Speech (it is "culturally loaded" test, they did not have anyone who spoke her dialect to test her). Fast forward 15 months, she is now over three and qualifies for school district services, the school district tests her and they say because she is making all the sounds a 15 month old does she is fine. Is this right? If it is how long are we supposed to wait to test again? She is very hard to understand. When I compare her speech to my friends children of the same age that came home at roughly the same time, I can see she is behind. She does get PT with the school district.

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  • Reading / Written Language: LOW AVERAGE IQ AND LEARNING DISABILITIES DISCREPANCY

    Dinise: Child has IQ of 84, school states she is functioning at ability level. 4th grade but reading 2nd grade, poor language skills, very poor written language No RTI in school, even though 2nd grade IEP states, "30 min RTI in resource room for written lang" See many processing difficulties. School states no disability that she is where expected. We disagree. Will not use professional judgement. Where do we go from here. We have your books, but are at a loss. Th

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  • Transfers: TRANSFERRING SCHOOL DISTRICTS

    Brooke:  Our current school district's special education system is not so good. The district just a few minutes away has a fantastic one. Are there any laws or loopholes we can use to get into this district without moving? My daughter has a very rare genetic syndrome and is in her last year of pre-k. Ironically, the university in this good school district is one of the few institutions working on a cure for her syndrome. Can I use that in

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  • Transportation: TRANSPORTATION FOR SPECIAL NEEDS

    Teri:  I live in Ohio, my 3 year old nephew attends preschool. the bus picks him up at home then drop off is a block away. He has autism & IEP. the bus passes my house to the drop off bus stop.? Should he be dropped off

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  • Homebound Instruction: 60(+) ABSENCES- SCHOOL REFUSES IEP

    DR: Excessive absences are impacting my son's educational 'experience', but because he's a smart kid with high test scores the school says there is no academic impact and is denying him appropriate Homebound Instruction. Aren't both the 'experience' and the 'academics' included in determining IEPs and right/eligibility to homebound instruction? If so, how can we fight for this-whats our next step? District said would only consider it if he was hospitalized for extended period or had something life threatening. BACKGROUND: -District insists 'no academic impact'=no additions to IEP. -Receives IEP for Speech and OT for handwriting. 504 modifications for ADHD, Sensory Disorder, and Anxiety. Allows Fidgets, wobble seat, etc but modifications/accommodations are STILL being implemented despite being some going back to 2014. -Homebound Instruction Certification: Asthma, Ehlers Danlos, Anxiety, Migraines, and IBS. Currently offering tutoring only for 45 minutes twice a week,

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  • Aides: ONE TO ONE AIDE CHANGES CONSTANTLY

    Abeer:  During the IEP we agreed that my child (CP with mobility problems and speech delay) will have a one to one aide and my child will be mainstreamed. But since we begin they keep changing the aide which affect my child behavior and of course her attention in the classroom and her academic level.... i dont know what can i do? I kept talking to the school principal but their answer is we can't find

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  • General Ed: RESOURCE ROOM FUNCTION

    Julie:  Should special education teachers in resource room teach general curriculum in addition to compensatory skills as listed in annual goals and obj

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  • Accommodations on Tests: REQUEST FOR NON-UNIQUE TESTING ACCOMMODATION BUT TOLD NO

    Dana:  In our state we have a non unique testing accommodation for computer based testing (CBT) which allows students to have a "reading passage booklet" for the reading CBT. This booklet only contains the passages and not the questions. This paper text then allows for highlight, text marking, etc. and then the student answers the CBT questions on the computer. The student(s) have classroom accommodations of: reading booklet, colored highlighter, diagramming/graphic organizers, text marking. I have administered this test before and know there is not an option for varied color highlighting, they cannot text mark, and any comments must be written in a "notes" pop box that does not stay open. In class we use paper based strategies for about 80% of the time and students use the strategies wholly and have made great progress. However, the testing and reading programs for

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  • Complaints: STATE COMPLAINT, FAILURE TO ABIDE BY MEDIATION AGREEMENT

    Kelly:  We mediated with the district in 09/16. The district failed to comply with many issues agreed upon. Can this failure be addressed in a state co

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  • IEP Team: IEP MEETING PARTICIPANTS

    Kathy:  I have several students who do not have a regular education teacher as part of their academic program. We are required to have a regular education teacher as part of the meeting. Sugg

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  • IEPs: WHAT ARD PAPERWORK MUST THE SCHOOL PROVIDE TEACHERS?

    Can our school diagnostician give us the ARD paperwork via email? What are they legally responsible for providing to the teachers? Our diagnostician gives us our ARD paperwork in a bundle which only includes the IEP, PLAAFP, Schedule page, and any supplements. Do they not have to give us the deliberations page? The deliberations page tells us other items we discussed in ARD and I feel teachers need this. What does the law require teachers receive from the school on the SPED student in their classroom? How long does the school have to give us this paperwork? sometimes it takes them two weeks before we

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  • Services: DOUBLE DIPPING

    Jen:  In regards to double dipping and helping my iep kiddos, could it be the tutor or interventionist are paid by Title 1 monies making that the double di

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  • Suspensions: CHANGING SUSPENSION NOTICE AFTER ISSUANCE

    Lisa:  My nephew was suspended from school and I received the call and signed notice the day after the incident. Upon arriving at a conference two days later, that I requested, I was provided with another notice because they changed the violation. Can they

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  • Parent Protections: FMLA or ADA REASONABLE ACCOMMODATIONS

    Brenda:  I am 58 and care for my 18 yr old severely autistic/mentally retarded son and my husband who is 80 percent disabled from a back injury. I asked my work for reasonable accommodations to be home by 420pm for school bus and no weekends. He is a consumer of IHSS and Regional center CALIFORNIA. They told me go to part time, I did, they said fill out availability, I did. They were good for a few weeks then they are back to weekends. Do I have rights? Ps. Major pharmacy employee. I have worked there for 1

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  • FAPE: FAPE/ DISCRIMINATION AND ARD COMMITTEE PARTICIPATION REQUIREMENTS

    Nancy:  My granddaughter has a chronic illness and was hospitalized for over 2 months. The school was supposed to send work but only 2 teachers did, the others said "No the work has to be done in class." The school gave her failing grades because the work was not completed. We asked that the school provide an online program that they use for credit recovery instead of the failing grades, but they refuse, saying you have to fail first and those grades stay on your record. They now want her to do the credit recovery program and average it with her failing grades and to also attend school or receive homebound and do Semester 2 along with Semester 1 which she is medically not able to do at this time. The administrator at the ARD meeting continually says "I do not have

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  • Transition: TRANSITION OR AGING OUT AT 22

    Roberta: My question is about transition. Is there any precedence for extending time in special education after age 22? Procedures for Transition and 688 referral were not followed and my child has not benefited from transitional services or adequate planning. She turns 22 February 11 ,2017. I would like to ask for mediation . We have looked at 3 adult day programs that do not meet her needs.

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  • Aides: TEACHER CONCERNED IEP SUPPORT NOT BEING FOLLOWED

    Danny:  A few teachers in our district are concerned because aide support for children with IEPS is not being provided when aides are pulled to work with other children or there are absences. The parents of these children are not made aware that their aide support is not meeting their IEPs. What are the proper channels for these teachers to go

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  • Teacher Issues: NON LICENSED TEACHERS

    Yessenia: What I can do if I found out my kids school has non Licensed t

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  • Transportation: SCHOOL BUS ACCOMMODATIONS

    Laura:  As I understand it, busses must make accommodations because they are contracted through the school. My son has a 504 due to Type 1 diabetes and the bus company is refusing to have the drivers trained for emergency situations and how to treat emergency low blood glucose (which entails just giving him sugar - not even a medication!). At this point I'm just wondering where I can get documentation - a copy of the law that says this - to show them their responsibility

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  • Goals: SPECIAL EDUCATION TEACHER REFUSING TO PUT IN GOALS

    Nydia:  I have a class list with students I do not have in any class. I am being told that I have to put in goals for these students, who have the class with the special education

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