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

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Current Topics & Questions

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  • Privacy / Confidentiality: FERPA AND TEACHERS GETTING DISCIPLINE NOTIFICATIONS

    Mack:  We have a program called "Educators Handbook" that we use for discipline at our school. Is there anything illegal (from a FERPA or HIPPA standpoint) about teachers getting discipline notifications about students under their supervision? I.e. if a teacher requests notifications for their student athletes when they are suspended (ISS or OSS) and they have an IEP, is the information used in the referral confi

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  • Occupational Therapy (OT): OT REFUSING TO COMMUNICATE THERAPY SESSION DETAILS

    Phillip:  Issue about documentation and the right of a parent to know what their child is receiving in OT, a child who can not talk. The only communication we have gotten in her OT notebook is that she has had OT and has done well today. No details. We wrote a note to the OT in the notebook. The city school system was upset that we charted our daughters progress and created graphs to prove our daughter needed speech over the summer using the information in the all the notebooks and soap notes. We would like some amount of detail other than "she had OT”, they refused to go to mediation last year after we requested it. This year, OT told (teacher confirms this) to give us no details and that we have to wait until reporting periods to receive any info

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  • IEPs: PULLOUT FOR IEPs

    Nwilson: Is it ok for a child to be pulled out by a special ed aide from a CORE class to work on IEPs? I don't understand this. I'm being told that's the only way it can fit in the schedule. I'm the teacher and they are being pulled 2 x per week from my core class instead of a lab class. How can this help them? They missed 2 test reviews for a test we had at the end of t

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  • Placement: SCHOOL WANTS TO TRANSFER TWINS TO ANOTHER SCHOOL

    Ann:  My autistic twins just started at their home school. They are 10, in the special ed classroom. I was informed that the school wants to take them out of their current home school and bus them to another school. I am not for this change. What are my rights as a

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  • Transfers: SHOULD WE TRANSFER BACK TO ORIGINAL SMALL SCHOOL

    Claudia:  My 8th grader is in the school district of a smaller, country public school. She went there 2 yrs and begged to move to a bigger school, with many more levels of students. Recently she has been approached (3times) to "transfer" drugs and has had some bullying. Now she's asking to move back to smaller school. I am concerned for her safety but my husband thinks she should just walk away and stay . No one agreed to me moving her in the first place to the bigger school. But i gave in to her pers

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  • Tests and Assessments: WANT SPECIAL EDUCATION SERVICES, BUT TESTING DELAYED

    Christina: My son just started preschool this year and asked for an ard meeting as soon as school started. he is four years old but he cannot understand or express wording compared to boys that are his age. He has trouble in his regular class because he is sensitive to sound and when other kids cry, so will he. I have taken him to get a psychological evaluation but the doctor said the office does not diagnose for development delays, only behavior issues. I contacted mental health mental retardation services and their office said in order for him to be under their program he has to be declared developmentally delayed. Can't get appt until March of 2017. What should I do next? The school has 45 days or within 45 days to test him but I do not want him in a

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  • Paraprofessionals: CAN SCHOOL USE PARA FOR DIRECTION INSTRUCTION IN MY CLASS?

    Kelli:  Can a para-professional be used to teach direct instruction of new content/topic in a SPED developmental preschool classroom with the certified SPED teacher present? My district received a grant for dual language, and because I do not speak Spanish, they are asking the paraprofessional to teach the entire 3 hour class twice per week. Is thi

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  • Caselaw: FRY V. NAPOLEON – STATE OR FEDERAL CASE?

    Isabel:  Is Fry v. Napoleon Comm. School District is this a federal or sta

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  • Inclusion: DOES STATE OR FEDERAL LAW TAKE PRECEDENCE ON INCLUSION ISSUES?

    Barbara:  1- what is meant by state laws, that if the whole state, or that of educational districts? 2-if the school fails to provide a certified inclusion therapist to accompany the child in the regular classroom, which law regulated this, and if two who has the precedence?  If the school and regional district claimed insufficient resources to hire a credentialed therapist to support the child in the classroom (they offered a therapist with no credentials) , how can the parents defend? 3- if a difference of opinion between parents and the other IEP team, with regards to the inclusive hours allowed to the student, which law regulates this case, federal or state law or school district? 4- different opinion with regards the credentials of the support therapist to the child in the classroom , which law supersedes here? Thank you very much

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  • Section 504: ACCOMMODATIONS BEING ABUSED IN PRIVATE SCHOOL?

    Alice:  Im a math teacher in a private high school. My Principal informed us that a student was diagnosed with a psychiatric disability which meant she would be accommodated for by being allowed to stay home for several months. She failed to complete any work during the time away. She returned a few days after the AP exams were given and went on all end of year trips/parties etc. Now we learn she took 4 AP exams and earned 5s on all of them! Now I am pressured by the admin to issue her an A for the semester with the 5 on AP calculus as the only basis! No homework turned in, no tests taken. Doesn't seem fair!! What c

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  • Absences: UNEXCUSED ABSENCES FOR 504 MENTAL HEALTH APPOINTMENTS – DISCRIMINATION?

    Karen:  My question is can I have that my daughter be given excused absences for attending her psychiatric appointments? My superintendent and high school principal say they are unexcused and that they count toward absences that will assist in determining if she will have to take her finals at the end of the semester. Students in our district are given a "free / excused" day if they go to an IHSA finals event as long as they check-in with the teacher in charge. In many instances, these students check in and then leave for the day to do whatever they want, but my child can't go to a psychiatric appointment or counseling appointment without it counting against her. The school has written medical documentation of her anxiety disorder and sleep disorder, but still will not excuse her. They say the finals rule

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  • Dyslexia: SCHOOL FORGOT MY SON IS DYSLEXIC

    Stephanie:  The special education dep. in the public school my son attends forgot he is dyslexic. We have always had a advocate with us for meeting and have shared neurological testing we have done privately. We have been discussing dyslexia for 3 years. they did not stay true to our ppt agreement. we asked that he not be taken out of class and I found out he was. The head of the Special Education stated to me “I didn’t know he was dyslexic. I am currently changing to a 504 plan for him but I don't trust the special ed. dept. or the school. what

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  • Services / Terminating: REVOCATION BY PARENT

    Nancy:  When a student and parents wish to revoke special education services, are they able to obtain them again in the future? If so, how long? If so, what is the process? Th

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  • Aides: ALL SPECIAL ED STUDENTS BEING GROUPED IN ONE CLASSROOM BECAUSE ONE CHILD HAS A PERSONAL ASSISTANT

    Courtney: My child has medical and educational needs that has afforded him "support for 7.5 hours of the school day". That is the whole day and that is the wording in his IEP. The school system is now wanting to put all of the special ed kids in his class because of this. They want the assistant to cover all of the children with IEPs. They are saying because the wording in his IEP does not say that the assistant is for him only, it is okay. I am very upset about this because some of the children they want to put with him are going to need full time attention for behaviors, as well as heavy support academically. Please help me find a way to help him keep the assistant we fought so hard for to be with o

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  • Private Schools: PRIVATE SCHOOL DENYING ACCOMMODATIONS ON EXTRA TIME

    Aida:  Our son is in a Christian private school in FL. When he was in middle school, we brought over his 504 Plan from public school and they provided accommodations and were somewhat flexible for things. Now he has started HS in the same exact school and all of a sudden, they don't' want to provide any accommodations other than giving him time and a half for test taking. They say it is against school policy but it seems arbitrary. He has been diagnosed with ASD by a child psychiatrist just this past month. They are accepting McKay Scholarship as partial school payment. They say that HS is all earned credit and that is why they are inflexible. Is there anything we

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  • Services: SPECIAL ED SERVICE DELIVERY

    Cleveland:  Can elementary special education students and high special education students receive services in the same resource / special education cla

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  • Child Find: WHAT IS A “REASONABLE” TIMEFRAME FOR CHILD FIND?

    Sophie:  I read that a school district must honor its Child Find obligation within a "reasonable" timeframe. How many weeks, months or years does "reasonable" mean? For a student who was previously performing strongly in academics, how many alarmingly poor report cards and five-week progress reports need to go by before Child Find is triggered? Note: the student's disabilities were already documented, and the student had a 504 plan in place (albeit with only partial compliance). The precipitous decline in grades was accompanied by at least a dozen removals from the classroom for disability-related incidents of disruptive behavior. We informed the school regularly of our c

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  • Recess: USING RECESS FOR MATH INSTRUCTION

    April: Is it legal in california for my student with an IEP to be pulled from recess every day for math inst

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  • Autism: HOW MANY STUDENTS IN SELF-CONTAINED AUTISM CLASSROOM

    Jaime:  Is there a maximum number of students that should be in a self-contained autism classroom in NJ? I thought it was 6, but there are 8 kids in my son's class, but the room is set up for 6. I hear rumors of them trying to change the room from an autism classroom to a multiple disabilities classroom. This worries me since my son imitates a lot of inappropriate b

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  • College / Continuing Ed: DYSLEXIA AND BEING AN ESL STUDENT

    Parvin:  Hi, I was kicked out of the college because I am slow in reading, writing and speaking. Actually, I have dyslexia with audio processing problem, but I don't have any problem in my IQ. My GPA was 3.71; I am an ESL student and I could not persuade others that it is because of my disability. It is so complicated situation. Is there somebody who believes me and helps me to get my rights back? I need to go back to school and finish my last year of my education,

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  • Speech IEP: CAN SPEECH IEP INCLUDE DIABETES ISSUES?

    Sandy:  Can an IEP for speech include diabetes so that a 504 plan doesn't need to be written

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  • Services: LAPSE IN SERVICE, ACCOMMODATIONS NOT PROVIDED FOR GRADED SUMMER READING ASSIGNMENTS

    Michelle:  My son has a processing disability that greatly affects his ability to read and comprehend large amounts of text. During the school year he receives access to a program that provides audio books with "read along" print. The subscription expires at the end of the school year and does not run through the summer. He still receives a summer reading assignment which is graded. The school has not addressed this lapse in services despite being aware for three years now. I attempted to contact the SPED department at the school several times this summer and received no response.This year, he was unable to complete his book adequately in order to complete the assignment which will be graded next week. What recourse do we have as it is not fair that there was a lapse in service and they would expect him

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  • Services: HOURS OF SPED CLASSROOM SUPPORT PER IEP?

    Susan: How is support time measured? If a child's IEP states they will receive classroom support for 30 minutes in reading and 30 minutes in math each day, and there are 5 other SPED students in the class that the SPED teacher is helping, how is the IEP being met? The SPED teacher is only in the classroom for 30 minutes for each subject but she is helping a total of 6 students. Is the school meeting the requirements of

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  • Charter Schools: NO AIR CONDITIONING AND A LEAKING CEILING IN MY CHILDREN’S CLASSROOM

    Debbie: I live in Florida and my children attend a charter school. Our children started class on August 10 and since that day, they have not had air conditioning in several of the classrooms. We have had record high temperatures and the average classroom temperature inside is between 87 and 88 degrees. I and several other parents have contacted the principal (who only has so much authority) when the problem still was not fixed. I contacted the head of the Charter School, who said the problems would be resolved. In addition to that, my daughter math classroom has a leak where the teacher uses a garbage pail to collect the rain. As you know, it rains an awful lot in Florida. This has been going on for almost 2 years. There are email trails, stating the parents concerns. We have several 'campuses'

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  • Evaluations: SCHOOL FAILS TO COMPLETE REQUESTED EVAL FOR MUSIC THERAPY

    MJ:  In the spring I had requested our school district to complete a music therapy evaluation for our son. They have not completed this process and the number of days they had stated by the law. What info can I use in my follow up email to state the law and let them know I am not going to let

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  • College Boards: WHAT STANDARDIZED TEST SCORES REQUIRED FOR ELIGIBILITY FOR ACCOMMODATIONS?

    Milo:  What specific psychological test standardized scores must be below average for eligibility for ADA extra test-taking accommodations for the College Board. My child is gifted with ADHD inattentive type &amp; OCD. He was denied accommodations by the College Board but we are appealing? 1. What specific psychological test standardized scores must be below average (i.e.,< 86 standard score) for eligibility for ADA "learning-related" extra test-taking time accommodations for the College Board exams? 2. My 11th grade child is gifted with diagnosed/treated ADHD inattentive type but he was denied accommodations by the College Board because the WJ-Tests of Acheivement Reading, Writing and Math Fluency subtest scores were above 85 standard scores. 3. We are appealing as he found he also has severe OCD but still scores above 85 standard score on the same WJ-Fluency subtests? thank you for specific advice/interpret

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  • Gifted: LEFT OUT OF GIFTED CLASSES

    LeAnn:  My son has been in gifted classes since 2nd grade. At the end of 5th grade and EP was created for the transition to middle school. the EP specifically stated he would go into gifted classes. Last week school started and he was not placed in gifted. the excuse given was my child did not have FSA scores which were used as a secondary filter since there were more gifted children than seats. This means my gifted child has been mainstreamed and not receiving the education he deserves and and is entitled to. The school and county admin has basically told me too bad for you...maybe next year. I can not afford an attorney to fight this.What other options do

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  • Compensatory Ed: COMPENSATORY SERVICES DURING SCHOOL HOURS

    Cher:  My son received partial compensatory services over summer at a LMB center. Now that school has started we would like to continue those services. Can I pull my son out of school early or bring him in late to complete his compensatory services ? The school is against anything other than a full school day. He made a lot of gains in the LMB program and we would like to see the program continue at least 2-3 hours a day. Are there other options available under the law? Can we ask for 2 or more weeks of independent study or are we limited to only before/after school hours? Can we ask for online/ independent study courses for the subjects he would miss while completing his compensatory services if he went to school late or left early? Can the school deny him

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  • Transportation: SCHOOL REFUSES IEP TRANSPORTATION TO AFTER-SCHOOL CARE PROVIDER

    Stella:  My son is completely blind and has curb to curb transportation in his IEP. I have requested that he be dropped off at his after-school care provider's house every day as I work an hour away. The school district has denied that request and says curb to curb service only applies to the child's home address. It may be important to note that 4 years ago they did, in fact, drop him at the same location

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  • College / Continuing Ed: STUDENT TEACHING STATE TESTING FOR LD STUDENT

    Colleen:  Our Adult LD child hasn't been able to pass the Illinois state exam to allow him to student teach, which would allow him to finish his special Ed graduate program, in teaching. He's taken it 3 times and is discouraged. Does anyone know if these kinds of certification exams can be modified or can thy be waived? His GPA is 3.9, so clearly he is able to do the work...it is the 'test', we suspect. Any input appr

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