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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 the IEP?

  1. During what subjects, PE, art,library, computer etc should a IEP student be pulled to receive 120 minutes of special education services?

    • Mary, This is an issue that campus, & perhaps district administrators must address. There are some campus scheduling models that can help with this. Your state education agency or school administrator association may be able to provide options for doing this.

  2. What is the law pertaining to servicing IEP minutes while providing small group accommodations to other IEP students during benchmark and/or state testing?

  3. I have a couple of questions that I need help with.
    My child is in 4th grade and has an IEP. He was getting pulled from 3 of his classes to work with the special education teacher. The school is now trying to say that they want our son to attend tutoring hours before school starts to take place of those 3 classes he was being pulled out of. This is not in his IEP and this is for all students that need extra help.

    They are with a general education teacher and usually on a computer doing participation in an educational program. Even though this would probably be helpful for our son to attend we don’t find it to be beneficial. He has ADHD and because of the nationwide shortage has been out of his medication. It wouldn’t be productive if he attended and it would have a negative impact on the rest of his day and his classes. We also realize that the school can’t use this extra time before school starts to give our son the extra help he needs per IEP.

    Isn’t it supposed to be during regular school hours? Since they took that time away from him what do we do? The other question I have is I want to opt my son out from taking the Mandated State Test this Spring. I have gotten mixed answers on this but, mostly I’ve been told yes, a parent has the right to opt their child out from taking a Mandated State Test. It the parents right on how they want to raise their child and what they want their child to participate in. Many schools try and hide the fact that parents have the option to opt out their child. I also read that if you opt out your child they can’t penalize them for not taking it. Your child can go to school those days and the school will have to give the educational work to do. Nothing will happen to the student.

    The school will get a “0” for your child not participating. I don’t believe in State Testing. It’s basically a report card for the State to see how the school is doing. FYI my child will not be returning to this school next year. If you can answer my questions or give me some advice I would greatly appreciate it. This can be so complicated! TIA.

      • The website you’ve provided does not sufficiently answer these questions. Paraprofessionals in my school are very, very often pulled from the classroom to give benchmarks, make up tests, take a teacher’s class (like a sub) when their meeting is prolonged, absent, and for other issues. The eight students she is assigned to work with in the class are not getting their support minutes and the teacher is trying to teach new material while providing the support. How far is too far?

        • Parents, and advocates for students with disabilities have the right to use the dispute resolution processes listed in IDEA. Then whoever (hearing officer, state agency staff, OSEP staff) determine “How far is too far?”

  4. If a Special Ed Teacher is missing a lot of school, say one day a week is the teacher required to make up those minutes that she has missed? I have a student that is missing 280 minutes since September and they are not being made up.

    • Yes, they should be. This could be accomplished in an IEP meeting, or in discussions with administrators, or in mediation. A complaint to the state education agency is also an option.

  5. If a student continually leaves school for a medical condition missing several hours a day and the ESE teacher is in class providing support to all the ESE students in that class. Is that ESE teacher mandated to make up all the service minutes?

    • Linnea, Since it is the child that is out and not school staff, I believe it would not be required unless state or district rules require it. But it creates a problem for the child, and educators to achieve the IEP goals. The IEP team should meet to address this. I suggest contacting your state parent training & information project for help.

  6. When determining the teacher or record for students with IEPs, is it the responsibility of the general education teacher or sped teacher to input grades?

    How is this determined?

  7. We are almost two weeks in to the current school year, and the school is blatantly stalling the start of IEP instructional groups. They cut paraeducator hours and staff for IEP students as well. This all over budget and diversity/equity drama at the district level. What legal avenues can I pursue, if any?

    • Kori, IDEA requires schools to provide students with a disability with a free appropriate public education. If the state education agency, a state hearing officer or court rules that they are not doing this, they should be told to do this regardless of cost. Your state parent training and information project can give you information, and suggestions.

  8. If a student has services listed as 30 minutes 3xs a week classroom support and 45 minutes 5xs a week pull out to resource room for reading intervention, can a resource teacher come in and pull a small group to a back table and have that count for resource time and classroom support?

  9. Does a student on an IEP have to be pulled out to receive their minutes if they are in in school suspension for the day? Does sending their modified work count as their minutes being met?

    • Sending modified work does not count as providing direct services. In an in school suspension students are still entitled to services in their IEP.

      • I agreed! Could you please cite the law section stating that in-school suspension students are still entitled to services in their IEP?

        • The services in the child’s IEP should provide the child with “A free appropriate public education” (FAPE). Children with IEPs do not lose their rights to a FAPE if they are suspended or expelled from school.

          “A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21 . . . including children with disabilities who have been suspended or expelled from school.” (IDEA. Section 1412(a)(1)(A))

          “A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school…” (IDEA reg, 34 CFR §300.101 and 34 CFR §300.530(d)

  10. Can a student have a reading goal, but not have any reading minutes?
    For example, this student has not minutes written in for reading support, or minutes written in for Resource room time, but has a reading goal. It makes no sense at all. Who is delivering the services? When or where are they being delivered?

    • Michelle, IEPs are to indicate the specially designed instruction the child is to receive to meet their goals. If this is not done, then it would seem that the school is not providing FAPE to the student. A complaint to district staff, & the state education agency are options. The state parent training and indormation project is a source of help for parents.

    • Michelle, that would not meet the three way alignment for services. They must have in the present level a statement of a effect for the reasoning behind why they need to receive the service, the goal for the service and then the location of the services and who will be giving those services.

      • Amanda, the law about what must be included in the IEP says NOTHING about a “three way alignment for services.” The IEP has to include the child’s present levels of academic achievement and functional performance from objective observations and/or test data. This is the starting point BEFORE the team can develop the goals and services in the IEP.

        In developing an IEP,
        “The IEP Team must consider—
        (i) The strengths of the child;
        (ii) The concerns of the parents for enhancing the education of their child;
        (iii) The results of the initial or most recent evaluation of the child; and
        (iv) The academic, developmental, and functional needs of the child” (34 CFR 300.324)

        I urge all of you who are IEP team members – school staff and parents – to read this clear, well-written article from Pacer:”Understanding the Present Levels of Academic Achievement and Functional Performance

  11. When a Special education instructional aid goes into the classroom to provide special education services do those minutes count or does it have to be the actual Special education teacher that services the student?

  12. How do IEP teams determine SDI for a child? If the child is newly eligible for IDEA services how are the contact service minutes calculated?. Why 30 minutes of reading instruction (5) times per week compared to the child receiving 45 minutes (4) time per week. What factors go into service time?

    • To answer your question the service time is determined by the whole IEP team including the parents. There are factors taken into consideration such as does the child have multiple disabilities that causes them to be further behind. As far as reading instruction what level is the child on. If the child is in 6th grade but at a 1st grade reading level then he will probably need more services and would get more time. I hope this helps you.

    • If a student has 60 minutes of pull-out support for reading each week written into the IEP and it is a shortened week due to holidays do these minutes need to be made up?

  13. A similar question, if a student’s IEP states the student needs and is to be getting say 30 minutes a day of specially designed instruction (SDI) in math, but members of the team acknowledge at the IEP meeting, it’s really 25 minutes after transitioning to and from the special education room, does the school need to make up those 5 missed minutes a day of SDI? A middle school student’s regular ed classes don’t count that transition time as part of class instruction time, certainly they shouldn’t also be counted as part of the SDI minutes the student should be getting??

  14. It is possible that they are meeting the IEP goals or they may not. You can always request to observe your child. I did that. I had to contact the school ahead of time & we came up with a time. I came in & I did not like what I saw. It helped me request another IEP meeting & we came up with better goals. Also if you want a 1:1 tutor for your child you may request an IEP meeting to discuss but you have to put it in the IEP 1:1 tutor or they do not have to do it. They may list “small group”. You need to find out what that means. Apparently it means 6 students in your case. All items must be highly specified in the IEP or they do not have to comply.

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