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

Read the questions, find the answers, share your advice…

  • Inclusion: CLARIFICATION ON INCLUSION

    Charmaine:  1) What is the rule regarding a special education students in general education classrooms. Are they allowed to stay in the classroom if they are disruptive? 2) When your school has a behavior unit, what are the rules regarding special education students that continually become violent in the general education classroom? For example, is it appropriate for a student to stay in a classroom throughout the year even though they consistently cause evacuation of the classroom due to their violent outburst? 3) Is it appropriate or legal for a EA student to be left in the hallway alone….screaming and banging on the wall and floor? Is it appropriate for same student to attend school assemblies where parents are invited to see their children perform during school hours even if he stands in the back and screams out and bangs on the

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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 Rights: DISAGREEING WITH THE PROPOSED IEP

    Mary: What are the parents rights or options if they don't agree with the proposed IEP? There are conflicting a

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  • Autism: WHEN TO TRANSITION A STUDENT WITH ASD TO A SELF-CONTAINED CLASS?

    Nancy:  I know a student with ASD and ID who is in elementary school and has been participating in part-time special education and inclusionary settings throughout his schooling. He requires modified and alternate curriculum to meet his learning needs. He performs much better during his small group instruction time and when he is in the gen ed classroom, he becomes upset, or completes minimal amounts of work. If he had more time in the special education setting with full access to all of the alternate curriculum, it is believed he could make more progress. It is being proposed that he transition his placement to a self-contained classroom with access to gen ed time during specialty subjects to encourage typical peer interaction. I know there is a lot of negativity toward self-contained classrooms, but they are there for a purpose. My question is--

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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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  • Discipline: ZERO FOR TALKING DURING A TEST

    Dave:  I have a student that has been warned during every test, as the class has, and if talking takes place...a zero will be given. PSAT, SAT and State Examinations prohibit talking during a test. Can the zero be given for a fin

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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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  • Autism: CHILD PERFORMING POORLY, NEED HELP FROM SCHOOL

    Kathy:  We have a 13 yr old son with hfa. He is in 7th grade and performing poorly because he needs almost constant redirection. He also doesn't seem to have any motivation. He doesn't want to be singled out from the rest of the students yet he needs the support. He wouldn't use an ipad the school offered because he doesn't want to be seen as different. Now the school is suggesting sending to his neighborhood school. I don't see the point in this it seems like the school is trying to pass off the "problem" and n

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  • Occupational Therapy (OT): REDUCTION IN SERVICES, THERAPIST TAKES DISAGREEMENT PERSONALLY

    Joanie:  It truly appeared that the therapist & student assistant were taking my objection to a reduction in services personally. It was as if they were upset that I even questioned her services. 30 minutes a week down to 30 minutes a month is a lot when she is just beginning to improve. I am still looking into what options I have. A compromise was made to give my child 15 minutes a week of OT instead of bi weekly but it was barely a compromise if she is still not getting enough of a full session for it to be effective. What else c

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  • Paraprofessionals: PARA IN CHARGE OF STUDENTS ALONE

    Marcella:  Is my paraprofessional allowed to be alone with my RSP middle school students during library time (in the library with a librarian) without me present in order for my students to to check books in and out for 15 minutes while I am observing other students to fulfill IEP support service requi

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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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  • Accommodations: SAT ACCOMMODATIONS APPROVED BY COLLEGE BOARD BUT TEST CENTER DENIES ACCOMMODATIONS

    Elena:  Are my son's civil rights being violated if the test center says that "they don't think they have the staffing or the technology to support Dragon NaturallySpeaking" or speech-to-text software accommodation for the SAT exam and that we should "find a 2nd choice testing site or contact the College Board" instead. The College Board approved Dragon NaturallySpeaking for the essay portion of the exam on Nov. 8th. I received letter on Nov. 21. My son is homeschooled but we live in the school district. The school district has only one school that administers the SAT exam. I notified the school in Sept. that he was registered for exam in Jan. and that I was waiting for the college board to approve assistive technology for exam and I wanted to know what AT software they use for SAT exam. I sent an

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  • Consent: CAN A SCHOOL CONTACT A DOCTOR WITHOUT PARENT CONSENT?

    Sara: Can a school contact a doctor on homebound services without parental

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  • Evaluations: ILLEGAL ETR COMPLIANCE

    Teresa:  My principal is in charge of Initial Evaluations. He did an initial ETR on a 6th grade student completely incorrectly (no assessment/observations included, only him, the parent and the psych at the meeting etc etc) The psych report indicated no academic goals but perhaps Behavior goals. I have no referral information, no doctor diagnosis. Mom says student is has PTSD. Our special ed director said we need to stay in compliance and have the IEP done in 30 days. The alleged ETR was signed on December 1, 2016 and she said its due Jan 1, 2017. We have Christmas break in there and I have no data from interventions, no doctor information, no observation information so nothing for Present Levels and therefore I have no idea what she needs to be successful at school. Frankly her grades are ok and I

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  • IEP Termination: SCHOOL WANTS TO TAKE AWAY IEP SINCE CHILD HAS GREAT GRADES

    Roxanne: My son is in 10th grade. IEP since first grade. Never re-evaluated as he was doing great and we were happy with his IEP and accommodations. His IEP was for special learning disability due to poor performance in language. He also has ADHD, severe anxiety with panic attacks and depression. None of those are in the IEP. He has always got extra time on all testing. Since he is making Honors the school wants to reevaluate him with the intention to remove him from the program. All he wants is extra time on tests due to his medical issues and his poor handwriting which slows down his essays but also his math calculations. Should I push for OHI and try to keep his IEP or try to get accommodations through a 504? I asked that he not be reevaluated but they

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  • Autism: SCHOOL WORK WELL BELOW STUDENT’S ABILITY – WV

    Susan: I have a client w autism who has left Texas to live in West Virginia. The school they enrolled him in has him doing work that is not where his abilities are. Parents are at a loss. What can

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  • Section 504: CAN A SCHOOL DENY A 504 PLAN REQUESTED BY A PEDIATRICIAN?

    Jen:  My daughter is 7 years old and has been diagnosed with Anxiety. She has started having anxiety attacks at school, usually during lunch when she is required to sit in a large lunchroom filled with loud students and teachers. This is not the only situation, but an example. Our pediatrician submitted a letter for a 504 plan and the school has advised they will review to see if it is warranted or will deny it. Is this possible? They have not reached out to our pediatrician and now are calling for a meeting for me to come in to school to have a meeting with their ESAP team (Team of teachers, speech therapy, nurse, guidance counselor, her teachers and principal) to decide if it is wa

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  • Response to Intervention (RTI): RTI VS. SPECIAL EDUCATION SERVICES

    Ann:  Is this legal? Some of our Special Ed teachers are providing Tier ll Interventions to regular ed students in addition to trying to maintain a caseload of approx. 16 students and teaching Basic or Fundamental classes at the high school level. (This is part of their teaching assignment two periods. Special Ed students can be assigned to Intervention even if they are receiving support in a Directed Studies Math or English class. Due to this, those classes are mainly made up of regular education students.) Many of our Special Ed students are currently failing various regular ed classes who could be supported during that same time frame. Should Special Education teachers be providing Tier ll services to regular education students in addition to their already heavy workload with their IEP s

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  • Parent-School Relationship: SCHOOL WILL NOT RESPOND TO OUR COMMUNICATION

    Catherine:  The school staff & therapists will not respond to our emails. We were told to communicate once a week to director of special ed only and she will respond back within 3 days . Is this legal? What ca

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  • Eligibility: IS THE SCHOOL REQUIRED TO INITIATE AN IEP?

    Rachel:  I must be the most ill informed parent ever, because I had never heard of an IEP until my 3yro started speech therapy. This is about my 14 year old son. He was diagnosed ADD/ADHD ODD in the second grade after the school suggested I have him looked at for behavioral issues. He was 7 at the time we received his diagnosis and I shared with the school. Every year since at the beginning of each year I fill out the forms that give a medical history and each year it states traumatic brain injury, ADD/ADHD, and a bee allergy. I keep meds at the school incase we miss a dose and I speak to each teacher at the beginning of the year and tell him he has ADD/ADHD, and again we talk about it at parent teacher conferences. Every year

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  • Suspensions: ADHD AND BEHAVIOR PROBLEM

    Rita:  My son is a 11 yrs old he have ADHD and behavior problem he is on IEP but the school keeps suspending him. every week the school sends him home for two days. The school can do that

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  • Evaluations: SCHOOL EVALUATED WITHOUT PERMISSION

    LC:  Last year we had a Sensory Eval completed on our child and the school's been following a sensory diet since then. I just received home a sensory diet and what seems to me to be a new sensory evaluation. I was never asked for permission to reevaluate nor did anyone even go over this report with me. There is scoring on this report which makes me think it's an actual eval even though the teacher says they do it every year or when they see problems. T

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  • Goals: OSERS POLICY GUIDANCE ON CONTENT STANDARDS GOALS

    Michelle:  OSERS issued a policy guidance document (shown on website - dtd 11-16-2015) indicating that IEP goals must align with the state's grade level curriculum/content standards. However, IEP goals must be individualized for the student. This seems very conflicting, especially for those students who have fallen significantly behind the grade level curriculum. So how should a parent tailor an IEP for students who functionally, are unable to meet the grade level curriculum? I.e. those reading well below grade level content, those students who lack basic skills necessary to meet curriculum st

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  • Reading: SON IS 9 AND DOESN’T KNOW HOW TO READ, NO ONE WILL HELP

    Maria:  I have a son in the 4th grade that is on medication for ADHD. he is always in trouble. they had him sign a paper that he couldn't go to school on 12/06/16. I really don't know what to do anymore cause everyone knows everyone in this town. the school doesn't help me or none of the children here. most kids don't know how to read. I have 5 kids in two small town schools, but I feel they don't help my son with anything. he 9 years old and doesn't know how to read. I don't understand what a advocate does. when I called, they said he has one, but no body helps. What c

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  • Due Process: DUE PROCESS TIMELINE

    Cheri:  I live in MI. How long after an IEP do I have to file due process and receive a "st

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