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Make sure you keep a journal with dates and specifics of the instances of punishment and shaming - date, class/teacher, what actions/inaction lead to the punishment/shaming, and what the punishment/shaming consisted of. I would suggest doing a couple of things prior to the annal meeting. 1. Look at her current accommodations and ask your daughter which ones are being followed (and in which classes) and which ones are not being followed (and in which classes). 2. Look at the language of the current accommodations. Does your daughter have to ask for them or are they automatically provided? Does she have the self-advocacy skills to ask for them and is she? Is there an "embarrassment" factor to any of the accommodations that could be tweaked? 3. Does the IEP need additional accommodations? What behavior is leading to the punishment and shaming and what accommodations could help with this behavior? See Lisa's list of ADHD accommodations at https://adayinourshoes.com/adhd-accommodations-iep-504/ . These are listed under accommodations for a 504 Plan, but are equally applicable to an IEP. Go through each and see if there are any that would assist with your daughter's behavior and issues. Also, accommodations can be written regarding teacher communication with parent of all assignments, tests, etc. 4. Without knowing what the goals are, it's hard to critique those. But look at the goals and see if they are addressing the deficiencies. For instance, if she struggles to initiate a task, she needs a goal related to this struggle ("will begin a task within so many minutes/ within so many prompts, etc."). Then, of course, for any goal there needs to be specialized instruction to reach that goal, so ask how they are advancing her towards the goal. If she is not turning in homework timely, that can be a goal. In the meantime, the supports/accommodations must be in place to assist her - teacher reminders that her homework is due, etc. 5. Draft a "parent concerns" email to the IEP team. See Lisa's explanation and examples at https://adayinourshoes.com/parent-concerns-on-the-iep-parent-letter-of-attachment/ . Include the examples of punishment and shaming that you believe are related to her disability, include any information you receive from your daughter regarding accommodations not being followed, request the addition of any accommodations you feel are appropriate, request the tweaking or addition of any goals you think are appropriate, relay the communication issues you are having with her teachers, and state that retention would be detrimental to your daughter to retain her (you can find studies on this) when she may just need some additional support for her disability. Inquire as to how the environmental and schedule changes has affected her and how the IEP can be amended to address this. (My guess is, which is usually the case, that the middle school teachers are not following the IEP.) Did the team have a "transition to middle school" meeting to address this big change in her life? Or is it the same IEP from elementary school? Finally, I don't normally insist on this, but in this instance, I think I would request that all of her academic class teachers attend the meeting. The team needs to hear what is happening in each class and how to address it. The "at risk for being held back" is a very good reason for wanting all teachers there. That is a drastic step and should not be considered without hearing from all teachers. 6. Find out what the platform is in middle school for accessing assignments, test dates, and teacher notes. See if your daughter is using this and if not, why not (may need accommodations for this). Also make sure you have access to this so you can be aware of what is coming up for her. 7. In an email separate from the parent concerns email, don't just suggest, but REQUEST IN WRITING assessments for behavior (including an FBA), academic (since she is struggling in math), and cognitive (because there might be some processing or memory issues going on in addition to the ADHD, which could lead to additional goals and accommodations that specifically address the cause of her struggles if more than ADHD).

Hi everyone, I would appreciate anyone’s advice/suggestions, etc. My 12 year old daughter with an IEP due to her having ADHD started middle school this year. There have been numerous problems all year from her being punished and shamed for behaviors that are symptoms of ADHD (being late, not paying attention, not being prepared for class) to the fact she has failed pretty much all academic classes for both semesters, the only notes on the report card are “needs to try harder” “doesn’t pay attention” “not prepared for class”. I have communicated with the team, with individual teachers, and the special ed teacher. I’ve offered suggestions that included making sure I am aware of upcoming tests, assignments, etc. that has been a struggle even when I asked for a copy of a book that was being used in school and at home because she had lost the previous book, they didn’t respond. I even asked to get the name and author so I could get on my own but no response. When my daughter has math homework she always says she doesn’t understand, I can usually use an AI service to help so I can explain it to her but she is not grasping anything in math which has always been a challenge. I don’t want this to be too long but I have the upcoming annual, I have already suggested a functional behavior and BIP rather than continuing to punish for having ADHD. I would appreciate if I had suggestions ot ideas about what might be helpful. I also got a letter from principal letting me know my daughter was at risk for being held back. Thank you, Tina

It is best practice to make sure the cost of having the IEE provider come to the IEP meeting is included in the contract. Unfortunately, most parents don't know this. After the fact may be tough to get, but you could argue that just as the school district has to provide someone who can interpret the results of a school evaluation, that an IEE necessitates this, as well. However, doubtful you would win this argument because the school district will say that their school psychologist can interpret the results. You also have the right to speak with the provider and relay what they state about the evaluation to the team. Or even better, have them write an addendum to their report that you think will be needed to convince the school district. If there any way you could pay the provider's fee to attend? Maybe have him/her attend via Zoom and ask the team if his/her input can come at the beginning of the meeting so s/he doesn't have to stay (and bill) for the entire meeting? Unfortunately, a school district only must "consider" IEE's and are not bound to implement any of its recommendations. So your only options if they refuse are those listed in your procedural safeguards. There is no federal timeline for holding an IEP meeting after the results of an IEE are available. However, your state department of education might have some guidelines on this in a Parents' Guide or on the website. You could even call them and ask . Usually when the law is silent on timing, the "reasonable" standard is applied. I would say if 30 days have passed and a meeting has not been scheduled that you file a state complaint.

Thank you! That is what I thought, but I was thrown when they came back with a definitive no. Second guessing and questioning... Thank you for sharing your brain!

So reasonable....is subjective, of course. You knew that. I think this request is reasonable. Obvs this school does not. Their argument, however, is invalid. "All students" doesn't apply here, because we're not talking about all students. We're talking about one with a life altering disability. That's the strategy and argument I would use. "All students" don't need a trusted adult there so that they can function normally. This one does.

Hi all! I know for an IEP you can have it written that a parent must attend all field trips... Is this a reasonable accommodation for a 504 due to extreme anxiety and self-harm behavior around that anxiety? The parent asked for this and was denied. The school said: Thank you for your patience as I gathered more information from our district 504 coordinator. "Unfortunately, allowing you to attend all field trips with Student is not an accommodation that can be a part of her 504 plan. What we can offer Student is to have her be in a group with a preferred peer, allow her to bring her journal/sketchbook (in like a little bookbag) as a calming strategy, have her chaperone be Teacher or a preferred adult, and provide her with a visual schedule of the field trip activities. We have to consider the fact that all parents are allowed an opportunity to attend field trips with their child(ren) which is why we try to choose different parents as chaperones on each field trip. Also, if a parent's presence was listed as an accommodation on a field trip and they were for whatever reason unable to attend, we would be out of compliance with her 504 plan. Please let me know if you have any additional questions or concerns. I am always happy to help" I feel like this is inaccurate... Any help would be appreciated! Krystal

Minnesota- Our child recently had an IEE completed and we just got back the results. The results came back in our favor. Additional diagnosis's and how they impacting our child at school. We emailed the school requesting an IEP meeting to review the IEE, discuss the recommendations, and update the IEP. The school is refusing to allow the IEE evaluator to come to the meeting since it's an additional charge. I'm concerned the school is going to try placing everything on our child or say they refuse help (even though the IEE addresses why that would happen for our child) and refuse to change anything. Can they do that? What options are there if they refuse to add any of the recommendations? Also, how long does the school have to hold an IEP meeting after an IEE and a parents requesting one? Thanks.

If anyone needs an attorney, two good places to start are the Council of Parent Attorney Advocates, which I believe has them listed by state. There is also the "Yellow Pages for Kids" on the Wright's Law website. Unfortunately, both of these are not timely updated, so you might get some "I don't do that anymore" replies. Lastly, go to your state Bar Association, which should have attorneys listed by practice area. Again, though, that can be hit or miss - "education law" can mean one thing to one practitioner and something else to another.

For Van: This might be helpful with what steps you can take: https://adayinourshoes.com/retaliation-iep-parent-special-education/

My biggest win I would say in one sense it would be me filing a state complaint and the decision going to me but honestly by the time I actually filed the complaint I was questioning myself and my own understanding of simple English so much that the thing I wanted more than anything was for the director just to admit that my understanding of the law was actually correct and the information she gave me was not accurate. I would have rather have a simple “I’m sorry” more than anything

Hi there. I am in a similar situation and curious to hear how it turned out for you? I have never received such targeted mistreatment from a school before and it notably began after disagreement over my child's eligibility and our request for independent evaluation. I'm at a complete loss and don't know what to do. I would love to connect with anyone who has been through similar. Feel free to reach out. Thanks.

Not sure if it makes sense to call someone and ask about the triennial. When a parent asks for an IEE, the school only has 2 choices: Yes or Due Process. You might want to see what direction they will head in if you're planning on asking for an IEE. (I have a feeling they will get the eval done and then say in DP that their eval was appropriate albeit late.) When was the PTE signed? If the parent didn't give their written permission, they might not be late; the school might be blocked from doing it.

Also request the IEE at the same time you send written communication about the missed eval. The school had its chance.

I think the parent training on some time-keeping skills is the best way to go. It sounds like the team is doing the other pre-reminders and reminders already.

I can't see why she still wouldn't be able to get that IEE, though it will take a lot of people jumping back on the ball. I would send a written communication about the missed eval.

The school missed the required triennial eval date. No RR has been given to the parent. It was started but never finished. The parent just realized. Will she be able to get an IEE? Not sure how they can defend no RR in a hearing.

Accommodations for a parent's disability can & should be made by the school. They might need to be called or texted starting an hour before the meeting to verify they are aware of the meeting starting soon. They might need a 2nd reminder 5-10 minutes before the meeting starts. It's possible they need 'parent training' on how to set alarms on their phone. IDEA is big on parent participation so between that & ADA, the school should be doing 'reasonable accommodations'. What's 'reasonable' might be subject to debate. (There seems to be a big shortage of people for hire who help disabled individuals. IMO, the school should be proactive on this & not rely on someone else helping this dad with this task.)

My opinion is, given FERPA, medical things should be done in the privacy of the nurse's office. Doing this on a sidewalk infers that a student has a medical condition and that info should only be shared on a need to know basis. People on a sidewalk don't need to know that a student gets pulse ox and chest examination from the nurse. It is possible that the doctor calls for this to be checked when the student is outside so the nurse might not be able to do this in their office. You are right that IDEA doesn't address this because medical tends to fall under Section 504. 504 accommodations can be included in an IEP but it's still 504 that would cover these. This is something that can be asked of the state agency that licenses school nurses. You might also be able to look up their practice act and see what it has to say on where medical monitoring should be happening at school. You'd need to know what the doctor's orders say to know if 'outside' is required as part of the accommodation so you can tell if the nurse is doing it as ordered or not.

He's said texting is the best way, but admits he doesn't always check. I'll see if he does have help.

First, let me preface that this is not legal advise, as we do not give legal advise on this site. The IDEA does not say anything specific about being late to meetings (to my knowledge), but it does speak to parents not making themselves available for or replying to attempts to schedule meetings. At some point the school has to move on and just make sure all attempts to schedule the meeting have been sufficient and documented. I would say being significantly late to meetings would fall under this provision. However, the ADA might apply here requiring accommodations for dad's disability. But it sounds like you are doing everything you can. Can you talk to the dad about this issue? Ask him what the best way to get him there on time would be? Ask if he has someone who can assist him? If he is not working, he might be getting assistance from a government agency - not just financial, but also daily living. Could they help? Do they make sure he gets to doctors' or other appointments on time? Who is making sure the student gets to appointments on time, because it sounds like he wouldn't be able to. Can that person/aide help? I personally think booking longer timeslots would be an unnecessary burden on the school.

They CAN, but with the caveat that they might want another adult in the room, just like a doctor does during an examination, to avoid claims of misconduct toward the student. As far as whether they SHOULD, HIPPA does not apply to public schools. But FERPA does (a student's medical records are considered part of their "education record"), so maybe an argument could be made under FERPA that they are not following the law regarding keeping student information private (i.e., performing such examinations in view of other students is the same as telling those students about a medical condition). Emphasis on MAYBE because I did not do any research on this exact situation nor can we provide legal advice on this site. The best solution would be to ask the school nicely to perform such examinations in a more private setting and hopefully they would understand and cooperate.

I want to hear this from the advocacy and legal side of the matter. I'm just a teacher. One of my students has a parent who is autistic himself and is affected to the point he can't work, so this puts me in the position of wanting to help extra (not to be patronizing, just saying, I get it, guy probably needs all the reminders he can get). Anyway, he almost always is significantly late to IEP meetings if doesn't forget them altogether. To top it off, this is an online school. We send reminders on all forms. We call and text before the meeting and when it is starting. It doesn't always help. The meeting this week, we closed out the Zoom room after so long. About 15 minutes later, Dad texts me to let me know he was ready to enter the room. I let the rest of the team know, but we were all in the same position: we had moved on to other things on our schedules and no one was available and we'd have to reschedule. Dad was understanding but I think also frustrated, which is understandable. Did we do wrong? Does the law say anything about being late for meetings and ways to accommodate that? Should we be booking longer timeslots to accommodate Dad forgetting about the meeting until late into it? Any other clever hacks for reminders?

Maybe this isn’t a specific IDEA issue, but, absent health emergencies, can (not should) a school deliver health services in private? Should school perform non emergent pulse ox and chest examination in public view of other students (on a sidewalk outside school) or in privacy of the nurses office or other private area?

Hi looking for shadow teachers for my nonverbal autism child. irvine CA area.

When the breaking of school rules happen, it's generally followed by the school following discipline guidelines which can include expulsion/a switch to alt ed (since school is mandated). The only exception to this is when the rules were broken due to a manifestation of a disability or the school not following interventions to prevent behavior in the IEP. The change of placement of a student with an IEP is required to be a team decision. In other words, you need an IEP meeting to move a special ed student to an alt ed school. If your child doesn't have an IEP, you can request a special ed evaluation to see if they qualify. If the school says they don't qualify, you can request an IEE at school expense. Lisa has info on MDRs on her website: https://adayinourshoes.com/manifestation-determination-hearing/ I've seen where an academic issue wasn't supported and the student had behaviors so you might want to look beyone the behavor to what's the root cause.