All Activity

Okay, this all makes sense and exactly what I was thinking. Thank you so much!

The school SHOULD track missing minutes and make those up, but I would suggest the parent to track, as well. There is some lenience, in terms of time, given to school districts due to staff shortages across the country. I would suggest that if a month has gone by without a replacement hire or contracting with an outside provider, to give the school a 10 day notice letter (just to be safe) informing that the parents will be obtaining outside services for the OT with the expectation that they are reimbursed by the school district. (I would suggest first consulting with the Kansas Dept of Education to see what they consider to be a "reasonable time" in this scenario.) Some of my answers might change depending on the specific child. Will he/she suffer or lose significant gains if OT is not established right away? Is it provided on a fairly rigorous schedule under the IEP and therefore it would be difficult to "double up" in order to provide compensatory services once an OT is hired? The actual fact scenario could be relevant.

okay, thank you so much for your help!

I was able to join a club - yay!! I’m pretty sure last time I was on the site I couldn’t but I don’t understand how to start a club. I see a few states listed but not mine and I always have questions (unfortunately) I have 3 children, 2 already have IEP’s trying to get one for 3rd especially since she’s already had RTI every year she’s been in school because she struggles with reading…. I switched my youngest to homeschool this year.., im in Massachusetts though so would love a group. Tina

If an OT quits without giving notice, how is this service implemented on the IEP moving forward until the school hires a new OT? Are they required to continue services by outside agency? Does the school keep track of missing services until the school hires OT? Can a family request outside services to be provided and paid for from the school district until someone is hire? Thank you for your help!

When I hear behavior, my suggestion is generally Ross Greene. https://forums.adayinourshoes.com/forums/topic/221-ross-greene-–-collaborative-proactive-solutions/#comment-834 She needs to learn that practice makes perfect. I'm sure that Tom Brady has thrown more bad passes than most people. This is how he got good with them. We learn from our failures. My husband knows to check the oven before turning it on because I sometimes stash dirty pots in there. He learned this by not checking and the house smelling bad. He's learned from his mistake.

RTI isn't working unless the observation data shows things are getting better. IMO, doing RTI for longer than a semester or so with the student not catching up is a red flag. The student, most likely, needs an IEP if the RTI has gone on this long. Parents need to request a special ed eval and see what the areas of disability really are. If they don't move forward with an IEP, they will at least have a good baseline outlining what the student needs. What is it going to take to convince the parents that the student needs more than gen ed is providing them? This behavior continuing is going to get this student kicked out of school & put in alt ed. Early intervention is best. How about they pay for a tutor if they a set against an IEP?

I look at this as the school doing CYA. They know this child needs an IEP so they need to say this to parents who have withdrawn their child from school. Special ed rules can conflict with gen ed school age requirements. If this student's file gets pulled during special ed monitoring, the school needs the revocation letter in his file for their paperwork to be complete. He's not truant from school since he's withdrawn from school but he's truant from IEP services & DCF investigates truancy (they are the 21st century truant officers). In other words, I see this as the parents having withdrawn their child from school which would be OK if he didn't have an IEP. The school must follow the IEP so the parent either needs to put the child somewhere where this can happen or they need to formally refuse special ed services in writing for the student's file. Option 4 gets the school out of the IEP loop. Make the school happy by signing the paperwork they need for their file. It's not retaliation. It's CYA. It keeps the district out of trouble with the state dept of special education. They aren't following the IEP as required by law if he's not going to school.

Yes, part of RTI. The parents are the sort who are hesitant about getting an IEP, hence why they haven't pushed it further.

Speaking from my state, no. If he's not required to be in kindergarten, there shouldn't be a DCFS case for educational neglect. This should be nothing more than farewell and good luck.

I'm looking for advice in the state of Kansas. Let me give you some details..... -Child was enrolled in public school in Kansas -In Pre-K family was promised that his new school could handle his behaviors and elopements. -Now in Kindergarten (young 5 yr old currently) -The first semester he had over 300 elopements plus big behaviors. -Had multiple IEP meetings to try to meet his needs. -Family wants him in behavior school, but the school district does not agree. -School district proposed the SER program. -Family toured 2 buildings -Huge safety concerns due to elopement and was express to school team -Could not agree on placement so went to mediation -Mediation was truly a waste of time -Family sent an email yesterday stating they are withdrawing him from school to full time ABA (the school does not know this and the family does not want the school to know). -The family received the attached letter today. This letter is a follow-up from the information you shared with .......Public School staff on 1/15/25, stating you have made the unilateral decision not to have your child attend school. Currently, our records show that ........has not attended school since 12/20/24. Since ........has been identified as a child with a disability who is eligible for special education and related services through an IEP, the ........Public School district is ready, willing, and able to provide special education services as described in ..........IEP. Kansas compulsory attendance statute, K.S.A. 72-3421, states that it is the parent’s duty to require all students with disabilities to attend school to receive the special education and related services that are included on their IEP, or to provide for those services privately. Home schools must be registered with the Kansas State Department of Education. According to the Kansas State Department of Education, “If the school district is aware that an eligible child is not receiving needed special education and related services due to the parents’ refusal to provide or accept the needed services, the school must determine if it is necessary to report the child as a child in need of care as a result of truancy to the Kansas Department of Children and Families (DCF), if the child is under age 13, and to the District or County Attorney if the child is between the ages of 13-18.” Kansas Special Education Process Handbook, Ch. 5, p.109. It is the preference of the district to work directly with you to collaboratively resolve this situation. There are several options available to do this: 1. Enroll your student in the ..........School District and make your child available to receive the special education services on their IEP or partially enroll your student and make your child available to receive the special education services on their IEP. 2. Notify us that your child is enrolled in another school district and receiving services on their IEP. 3. Provide us with a letter stating that you are providing special education services and general education privately through a home school registered with the Kansas State Department of Education. 4. Provide us with a written revocation of the consent you previously provided for special education and related services. (Please contact me if you wish to revoke consent for services and I will the revocation documents to you.) Any of the above four options will meet the Kansas legal requirements. If you have questions, please contact me at .......Our primary concern is making sure that .........receives the educational services required and we greatly appreciate your cooperation. Additionally, if, at any time, you would like to hold an IEP team meeting, please contact me at........ As a resident of the ....... School district, we want you to be aware that we stand ready, willing, and able to provide special education and related services to ......, as required in his IEP. My questions/concerns: 1. Can they actually call DCF since he is only 5 years old and it's not required to attend kindergarten until 7? 2. Any advice to move forward? 3. I feel as if the school is retaliating against them. I would appreciate all your thoughts on this and how I can advise them to move forward.

Data collection is generally done as part of an evaluation. On average, evals take 60 days - depends on state regs. With the written evaluation in hand, the team meets and decides on support for the student (or not if they don't meet criteria to get help). Special ed level data collection would require parent permission. Is the data collection & intervention trials part of RTI/MTSS where there are no timelines for placing support in place? RTI & MTSS are part of general ed intervention where data collection & support trials would not need parent permission. If I was the parent, I'd be asking for a copy of the observation results report as well as requesting a team meeting to see what the next step can be. The school should have a 'child study team' of some sort that works with gen ed students who need RTI or MTSS. If this is a special ed eval, they missed the timeline for completing the eval & moving forward and a state complain can be filed. Given how you have described this student, they need a special ed level of evaluation for learning disabilities. Having a LD & not getting the support you need can lead to frustration that comes out as punching classmates. The 'in your face' thing is the punching where this ends up being the school's focus and the root of the issue (the LD) isn't looked at. In cases like this, supporting the LD can fix the behavior. (Documentary, The Kids We Lose, covered this issue.)

I am asking this on the behalf of my sibling who is a general education teacher. She has a student who is very aggressive, mercurial, and is completely unable to keep up with the rest of the class. So, the student has been observed and data is being collected. Here's the thing: this started at the beginning of last school year. Yes, it's been a year and a half of data collection. The kid clearly needs more help than the standard classroom, but the district keeps saying "we'll see, try this intervention and we'll check back". Parents are frustrated (but are also hesitant of going further) and the teachers are frustrated and a classmate gets punched/kicked every week, practically. I feel like this is going beyond the mark of data collection at this point.

Hi, My granddaughter has been identified as a student with a learning disabilty. She has not made progreas on her goals in 2 years. Tbey rewrite tbe goals but then add grade level goals. Nothing is skill based. When confrited as to why she isnt meeting the goals. We are being told its behavioral. An fba was ordered. It was found tbat she avoids things that she isnt confident in. Hense most of her classes. We have asked for intervents and tbey have not been given. What should we do?

To me, it sounds like medical neglect if the student has a history of food lodging in the throat and the school lacks the equipment needed, per a doctor letter that they have a copy of, to deal with this. There are agencies that will look into medical neglect in situations like this. Your state does offer facilitators for IEP meeting where they might help in getting you & the school on the same page. Would the school agree to this? https://www.cadreworks.org/cadre-continuum/stage-iii-conflict/facilitation/facilitated-iep-team-meeting-massachusetts and https://www.mass.gov/info-details/facilitators-for-iep-team-meetings Not sure if MA has a consult line that parents & advocates can call to help resolve situations like this. I did find this group located in Boston - they might be able to offer guidance: https://www.massadvocates.org/ I also found this: https://www.mass.gov/info-details/education-resources

It sounds as if one has been drafted and proposed, but parent did not sign.

Definitely sounds like retaliation. If I read your post correctly, it sounds like there is currently no existing current IEP?

Agree with Lisa that no, sounds like retaliation. We don't offer legal advise on this site, but while you are searching for an attorney, as an advocate I would recommend signing the IEP but writing immediately below or beside your signature that exceptions/concerns to your approval of the IEP are attached - and then attach them. It might give you more "legal pull" if your son is actually on an IEP. For instance, you state above that they have "no equipment" that is referenced on the IEP. That is not an excuse. If it's in the IEP, they must obtain the equipment. Once you have an IEP in place and they fail to implement, you can file a state complaint for failure to follow the IEP. The IEP at least gives you a path and a way to try to get recourse. Right now, you have nothing. And the school district can say they "tried," but you refused to sign. Let them try, fail, and then hold them accountable. What is the school district doing now for the choking/food lodged issue is they have no equipment? That would be my first concern.

No, that sounds like retaliation. I'd seek an attorney. I know many parents say "I can't afford one" but when we're talking about choking, DCF and all that, you can't afford to not at least visit one for an initial consult.

I have a now 16 yr old disabled non verbal son in a Boston public school. I have denied my sons iep for the past 2 yrs due to my son having food lodge in his throat for 7 plus hours, multiple times, and them having no equipment that was on my son's iep. My question is it legal for the school to call dcf and have them threaten to take my child from me if I do not sign the iep the way the school wants ?

Looking at what can be asked for as far as accommodations go for someone with Prader Willi. This would be at a community college so commuting from home, not living in a dorm. I know this is a rare disease. Hoping that someone has BTDT and had success. Food seeking is the issue, not academics.

With a special ed evaluation, schools are (supposed) to access in all areas of suspected disability. This results in an evaluation report that shows present levels in these areas. If a student is sufficiently behind, they need to have specially designed instruction (SDI) that is evidence/research based to bring them up to the level of typical classmates. This is provided that that nature of the disability will not prevent them from doing this. IMO, every deficit area needs to be addressed either with SDI or the student needs to be accommodated. I can see where there are not enough hours in a day to provide SDI in all areas but the ones without SDI should be accommodated. And sometimes you do need both. A student in 5th grade who reads at a 3rd grade level needs SDI to improve reading skills. They also need accommodations like audio books and instructions read to them so they have access to 5th grade textbooks in science, social studies, etc. An area might not be addressed if it's not part of the state standards. For example if your 2nd grader cannot read an analog clock & this skill is part of the 3rd grade standards, the 2nd grade IEP isn't going to have SDI so this gets taught. Does this answer your question?

Dear School- The testing that has been done to date does not provide a reason why my child, XX, is in 7th grade but is only capable of doing math on a 1st grade level. I would like for assessments do be done that provides the reason for her being 6 years behind her classmates in this area. Prior evaluations have identified autism, ADHD, anxiety & panic disorders, sensory processing disorder, adjustment disorder with anxiety & low muscle tone which do not explain this. (I agree with you about the dyspraxia. The hallmark of autism is a lack of neural pruning at age 18 months. The extra connections individuals are left with will leave them with clumsiness, dyspraxia or apraxia which could look like low tone but it's really neurological in nature.) With knowing the nature of her math disability, we will be better able to have specially designed instruction as part of her IEP. This will help her attain the ability to have functional math skills. She needs to work to attain better time awareness as well as budgeting/money management skills. Please use this email as my permission for XXX School to do the necessary assessments to determine the nature of XX's math issues. Feel free to copy the above. Wording things this way show how your child will benefit from additional math assessments. As far as switching her to a curriculum that doesn't cover any 7th grade math, I'm not sure if that's allowed. IDEA says that students need to be exposed to grade level skill standards. She may need to be 'exposed' but I can see advocating for her to be taught a stronger functional foundation in math. Let the exposure be in small doses that are appropriate to her present level skills.

You are absolutely correct that any areas in which the child was found eligible and has an IEP for has a right to have a re-evaluation in those areas every three years. I would suggest referring the school psychologist to the IDEA and any state guidelines you can find regarding special education processes that address this specific issue. l would even call your state department of education and speak with someone and add THAT to you email. I would also copy your director of special education. The only allowed reason for not conducting a three year re-eval is if BOTH the school district and parent agree. I they still say "no," ask for a PWN and file a state complaint. As far as the math goals, again, you are absolutely correct that she should be switched to life skills math. At a minimum, she should not be attending any gen ed math classes at all, but instead should be spending that time in special education math. Schools try to argue that students need to stay at least part of the time in the gen ed math class so they are exposed to the skills their peers are learning. But your daughter is way too far behind to get anything our of a gen ed math class and it would be very frustrating and a complete waste of time. Other than pointing to her significantly low math level, I'm not sure how else to convince the team.

I have two questions. First, we had the initial 3 year reevaluation IEP meeting. My understanding is that your child has a legal right to be retested every 3 years but maybe there are details that I have not been able to find documentation on. I requested testing in math & a complete psychological reevaluation. However, the school psychologist said she needed a valid reason why I wanted those tests & then she said she needed to know how that testing would benefit my child. I know these meetings are more like a poker game than an actual meeting to agree on accommodations or tests needed for your child & that the county's priority is saving money. It saves them money if everyone says "We agree she still qualifies for an IEP because she has autism." But that, alone, doesn't help my child best succeed in school or set her up for success & prepare her for the future. For context my daughter is 13 & in 7th grade. She has autism, ADHD, anxiety & panic disorders, sensory processing disorder, adjustment disorder with anxiety & is soon going to change from her diagnosis of low muscle tone to motor dyspraxia I'm 99% positive. She is in 7th grade but in math is testing on a first grade level consistently which leads me to my second question. But first, am I correct about her 3 year reevaluation rights? Legally, do I have to provide a reason why I want the tests & also provide a reason of how it will benefit her? I can understand them asking the questions for context but the school psychologist said she needed them to consider whether or not the tests are actually necessary. I have researched this extensively & haven't been able to find anything to back up what the school psychologist is saying is legally required to retest my child in these areas. Help! Second question...I'm not counting her out but she is never going to be even close to grade level specifically in math. I want her math goals changed from "7h grade math" to learning practical math life skills like telling time, knowing how to use a calendar & be able to understand when "a week from today" or "a month from today" really means. I want her to have(learn) strong basic math skills that she needs to survive & succeed in this world. I feel like what I'm asking for is very appropriate since she's 13 testing on a 1st grade level. Any advice on how to "convince" the team this is necessary?