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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  • Section 504: DENYING SERVICES

    Jenna:  I have been told that students on a 504 plan cannot receive any services such as speech and language, OT or paraprofessional (aide). I don't see any specific language stating that they can be denied these services, is it true

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  • Classification: CHANGING CLASSIFICATION ON IEP, TERMINATING SERVICES

    Trish:  I am a speech clinician in a school district, assigned to Middle & High. I've been told students classified Speech Lang.Impaired, must receive speech services. If the student has received services since pre-k and is now in HS, but continues to need placement in special class/supports, can they continue with their SLI classification without continuing the related service? The psychologist has indicated based on their testing scores, they don't qualify for LD classification. So when the CSE agrees to terminate speech services, the parent is told that declassification must occur, even though the student struggles in a self containe

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  • Video-Taping: VIDEO RECORDING FOR ASSESSMENT/TREATMENT

    Nick:  Is anyone aware of relevant law/regulation (Federal or Massachusetts) regarding the use of video recording for the purposes of assessment (e.g., FBA) and/or treatment (e.g., student gets to watch their own behavior and learn appropriate altern

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  • Transportation: SHOULD PUBLIC CHARTER SCHOOLS PROVIDE TRANSPORTATION?

    Cher:  Are public charter schools required to provide special transportation in

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  • Discipline: MY SON WAS HIT

    LaCreCia: A new student at at school has been nonstop trying to fight with my son. I have talked to the school and literally went to the parents house of the child not once but twice to end the feud. My son was hit then pulled a knife out on the boy on school grounds and used it as a scare tactic to get him away from him. My son went to the office to tell the principal what happened. He is being charged with 2 degree felony assault. After the fact I made it known that this boys had been bullying my son. So what can I do to get the charge lessened. Cause I know the knife on schools grounds is not permitted but at the same time my sons life matters to and him being bullied is not cool.

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  • FAPE: STATE SCHOOL CODE REGARDING SCIENCE & SOCIAL STUDIES

    Chryssie:  My son is in 4th grade at a PA public school where Science and Social Studies is taught only 'if' there is time, which is close to never. The ELA and Math curriculums (books) include limited amounts of the science and social studies topics. The school's focus is on PSSA ELA and Math prep. Is there any wording in School code/law that says public school systems (elementary schools) need to (or must) provide science and social studies instruction? If so, what are the specifics? Would FAPE include the lack of science and social studies inst

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  • Retention: TEACHERS SAY CHILD WITH ADHD NEEDS TO MATURE

    Leslie:  My daughter has adhd she is in 1st grade. Her teachers say she isn't mature enough to move to 2nd grade. I have seen a great improvement since starting meds and getting her glasses. How do I get a second

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  • Paraprofessionals: CAN PARAS ADMINISTER STATE TESTS?

    Manjula:  I am a teacher but I want to know whether Paraprofessionals will administer the state standarized tests like Georgia Milestones test in the schools

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  • Parent Rights: BARRING ADVOCATES FROM IEP MEETING

    Isabella: If divorced parents share legal custody without a specific ruling on educational rights, can either parent ban or bar the other parent's advocate from attending meetings? I need case law rulings to present to a school as the school is already unhappy I have an advocate and would be glad to prevent my advocate from attending meetings. T

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  • IEPs: STUDENT PARTICIPATION IN WRITING IEP

    Michelle:  Does anyone know who determines when it is appropriate to include the child with the disability in the writing of their IEP and who decides this? Can the school discuss the IEP with the child without the parent's knowledge or

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  • Transfers: WHICH DISTRICT IS RESPONSIBLE FOR FUNDING PLACEMENT?

    Sarah: If a student moves to a different city and the parent does not immediately enroll them in school who is responsible for funding an out of district placement? eg - student is funded by district in out of district placement. Parents move towns but did not enroll the son right away - who is fiscally responsible for that gap? I am thinking it would be the last district "at

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  • Eligibility: CHILD WITH FEEDING ISSUES DOESN’T QUALIFY

    Michelle:  Since my daughter will not qualify for an IEP, and she is not on a feeding tube the school will not be able to provide assistance with feeding issues as we were told that feeding issues are irrelevant to education. Will I really have to go to the school and feed her at lunch and snack times? Currently, we have to feed her one bite at

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  • Retention: CAN THE SCHOOL MAKE MY CHILD REPEAT 2ND GRADE?

    Nyla: By law, can the school make my children repeat 2nd grade again? I've been looking and researching and see that retention begins in the 3rd grade. There isn't a pep plan in place for either of them and I'm constantly working with them at home. Please advise me on what my options are. Th

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  • Transportation: FAILURE TO NOTIFY

    Kathryn: I am the custodian of my grandson Aidan who attends an IU-13 class in another school district. Today after school his bus never arrived. After waiting a half hour for his bus I called the bus company. Apparently there was some kind of incident, but they didn't know what the incident was, and the driver left him at the school. I then called the school he attends but their office was closed. I then called his home school district but they were also closed. 45 minutes after his bus was due I didn't know where he was or who he was with. I was frantic and just started crying when my phone rang. It was a therapist who works with IU-13 and he told me he would be at my house in about 10 mins with my grandson. My grandson is

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  • Twice-exceptional: NEED RESOURCES FOR 2e ADULTS

    Ruth: I am only just realizing that I am 2e, and am looking for community, information, and support in school/career. I am not a young adult. T

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  • Evaluations: REQUIRED RESPONSE TIME FOR EVALUATION FOR DYSLEXIA

    Darek: Hello, I would like to know if there is a required response time when administration agrees to an evaluation. It has been 4 mos. and they have yet to complete it. T

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  • Preschool: WHAT DEFINES PRESCHOOL vs. SCHOOL AGE?

    Tammy:  My child is 6 years old attends a private school. They evaluated her prior to school starting and determined she did not meet their kindergarten requirements. Started her in their preschool program. She has ADHD. We are trying to get her evaluation by the school district. According to IDEA she would not qualify for preschool special education. What c

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  • Tests and Assessments / IQ: DAUGHTER’S IQ DROPPED

    Rina: I am getting concerned. My daughter is currently in a private special education school, paid by my school district, a 12:1:4. She is currently in the 2nd grade and is 8 years old. In August 2013 her IQ was a 83. The test used was Wechsler Preschool Intelligence test. In May 2014 when she was 6 years old I decided to have a neuropsychological evaluation done. The test that was used at the time was also the Wechsler Intelligence test, the 4th edition. Her IQ was a 85. Today as of February of 2016, her Full IQ is 63. I am shocked and in tears. The test that was used was Stanford-Binet-Intelligence Scale, 5th edition. I am not sure if her current placement is causing her IQ to drop. What test should I have done in addition to the school test?

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  • Stay Put: WILL I LOSE ELIGIBILITY IF I CHANGE PLACEMENT?

    LLdi: I am fighting for a Private day School for my son, who has an IEP. He is punished, injured in this school, grade not above expectation anymore, but they blame it on curriculum and they say they can meet FAPE in current school. If I go to Due Process he has to stay put while we do that. What are my options to take him out, but not loose eligibility to win moving him, because I can't leave him in the school that threatens him, punishes him for dis

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  • Teacher Issues: TEACHERS REQUEST TESTING, SCHOOL REFUSES – CHILD FIND REQUIREMENTS

    Jessie: Teachers are identifying children for testing, but the district is refusing. What can the teachers do to protect the

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  • Advocacy: NEED ADVOCACY GROUP IN HAWAII

    Leilani: Is there a Special Education advocacy group in the State of Hawaii? The teacher is accusing my child, based on what others are saying and without an adult witnessing this. My child doesn't want to go to school. He is in the third grade and has a reading dis

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  • Tests and Assessments: UPDATING THE WAIS-IV FOR COLLEGE

    Sophia: My sister will be graduating high school. However a potential university stated her Wechsler Adult Intelligence Scale - IV is outdated. Can I request the high school to administer the test? The high school psychologist stated there is no reason to test my sister as testing is only needed if the current individualized education program is not working

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  • Eligibility: GOOD GRADES, BUT STRUGGLING – STILL ELIGIBLE FOR SUPPORT?

    E:  My child struggles in school, however, with his compensation strategies he is able to get good grades and test as average.  He has to work double as hard as his peers and has been diagnosed ASD age 3. When is he eligible for

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  • Related Services: WHEN CAN SPED/OT/APE SERVICES BE PROVIDED FOR HALF DAY KINDERGARTEN?

    Kelsey: Kindergarten is half day in our school district (option to be in AM or PM class). I would like my daughter to enroll in the PM kinder (starts at 11:15am) but arrive early to school (10AM) to receive her pull outs before the gen ed kinder PM class starts. This way she won't miss out on valuable gen ed instruction but gets some small group/one on one time with SPED/OT/APE. Is there any law that says this is not possible? Do the children have to receive their services during the general education school day? Is it possible to modify her "school day" start time? (District doesn't want to push in services.)

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  • Consent: ISOLATION ROOM, BREAK ROOM, TIME OUT

    lldiko: I have read somewhere that a parent should give consent to the school or to the IEP Team about putting a child in isolation room, time out room, CPI. I know it needs to be in his IEP, under BIP and the room needs to be presented to parents before use. Where do I find thi to print about

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  • Parent Rights: SPECIAL ED PARENT ADVISORY COMMITTEES?

    Susan:  How are the "parent" chosen to be on the SEPAC? I have been asking for 3 years if my district has one and, either been told "no" or not answered. Today I find buried deep on an obscure page of the school board's new website that there is a SEPAC and they have been meeting. Are these meetings supposed to be open to all parents of special education students? Do these meetings have to follow the Sunshi

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  • Eligibility: GIVING SPED ACCOMMODATIONS TO STUDENTS WHO ARE NOT EVALUATED

    Jane T:  I would like to find out what specific SPED regulation states that students need to be qualified and evaluated first before receiving SPED testing accommodations and services. There are some students in my school that are still being referred to be evaluated by the School Psychologist. The administrators wanted these students to be pulled out into a resource setting to receive testing accommodations even though they are not qualified to receive special education services. I know this is not right so I would like to know what I can do and what specific regulation would they be violating by doing this.

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  • Placement: PARENTAL PLACEMENT IN AN APPROVED SPED PROGRAM

    Amanda: What is the responsibility of the approved special education program in creating a service plan or IEP like d

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  • Suspensions: HOW MANY SUSPENSIONS BEFORE RECEIVING SERVICES?

    maria: How many times is too many suspension? is 7 too many before services can be received or change o

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  • Aging Out: WHAT IS THE AGING OUT DATE FOR SPECIAL ED?

    Wendy:  If student turns 21 in August aren't they entitled to another year of school as the school year begins on July 1st? School District telling me it's based on Fiscal School Year which begins September 1st - Help! I can't find the la

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