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Hi AM. I will attempt to answer the questions I can in the order you presented them. To be safe, I would wait until after the meeting is held to go over the results of the school's reevaluation. It would be a difficult to argue you disagree with the evaluation (necessary to request an IEE) if you haven't seen it or received an explanation of the results. The amount of time in which an IEE is done is on the school - not you. However, you should keep an eye on the timeframe. Most states define it as "within a reasonable time," which has been interpreted as 60 days (similar to the school evaluation requirement). If it starts going beyond 60 days, I would reach out to the school and inquire as to timing. I'm not completely sure about the Due Process timeline for denying an IEE and how it's affected by summer break. In my state, Due Process complaints and resulting timelines continue throughout the summer. You could call your state department of education and ask. You can always decide to withdraw your request for an IEE. Unfortunately, there is no criteria on when a school district must accept the results of a private evaluation. Legally, they are only required to "consider" such results. That's why IEEs are so important - to "break the tie" between the differing reports in the hopes that the school district will reconsider their refusal of a secondary category. At the very least, it will hopefully get the needs listed in the present levels and then the IEP has to address those needs regardless of whether he is found eligible in a particular category.

I'm not in PA, so hopefully others with chime in regarding PA specifically. In general, I would look at the language of the goal - does it say anything about writing independently? Of course, even if it doesn't, that's the assumption - that supports are put in place in the gen ed setting UNTIL the goal can be met independently without support. When you say "at two previous IEP meetings, school staff agreed to add a goal for on-demand writing," etc., why didn't that happen after the meeting(s) in which it was agreed upon? With respect to the executive functioning goal, it would be necessary to also look at the language of this goal - was it only about checking his work? If there was more, then the goal wasn't met. To answer your question about data versus meeting a goal, they are intertwined. It IS based on whether or not the goal is met (although a different goal may be needed, i.e., if he met a sentence-writing goal, he needs to more on to a paragraph goal), BUT the only way to tell if a goal is met is with DATA. Have you been receiving quarterly progress monitoring reports? The annual IEP can't just "show" he met his writing goal without data in the present levels. Here are my suggestions: 1. In response to the PWN/NOREP, because it should be set forth on this document why a goal was removed, I would definitely request an explanation, but more importantly, the data behind the explanation. Also cite the previous meetings in which a goal and data were agreed upon but never added. 2. Since you are entitled to an evaluation every year, I would request one in the areas which have been removed - writing, executive functioning, and social skills. They have to have data before they can remove these, and it sounds like they don't have it. So request an evaluation.

Hi, I am feeling overwhelmed and want to make sure I am understanding some details about asking for an IEE. I understand that the school may deny my request and file for Due Process, however I am concerned about doing this at the end of the school year. How long after a school reeval can I ask for an IEE? Also, is it from the date the reeval was done or the date on the reeval report? If I ask for an IEE do I have to have the eval done within a certain amount of time? If the school denies my request, is the Due Process timeline paused over the summer? Can I decide to not proceed if the school files for Due Process? We've presented private reports to the school before, and the school stated they would not accept the testing results. Some of the school's testing results differed significantly from our private testing. We have two private reports with the same diagnosis, SLD Written Expression/Dysgraphia, and the school will not recognize or accept the results/conclusions/diagnosis. Is there some criteria I need to ask about that the school requires to accept private testing? My problem is that the IEP should reflect my son and it really doesn't. He has a lot of accommodations for reading and writing, and the school refuses to qualify him under a second category of SLD. I want the categories to reflect where his main struggles are so teachers looking at the IEP quickly see this and also for SAT/college accommodations, but wonder why we're getting so much resistance to adding another qualifying category of SLD. Is this so the school can more easily legally provide accommodations instead of instruction in writing? We are not the only family in our district in disagreement with the school that accommodations (spell and grammar check) and grade-level edited long-form writing are sufficient to show a student no longer needs additional writing instruction. Thanks!

Hi, We're in PA. My son's draft annual IEP shows he met his writing goal and says due to the goal being met the school thinks he no longer has a need in writing/written expression, and therefore there's no goal and no instruction in the new draft. We disagree with this, because he did not meet the goal independently. His work was edited and used teacher conferencing with no data showing what his writing looks like on his own. We've provided staff writing samples that show my son still needs extra help with writing and spelling. Additionally, at two previous IEP meetings, school staff agreed to add a goal for on-demand writing, to provide data on writing done independently, and to provide data as to what teachers are correcting/suggesting in his drafts, and school staff will not provide any of these now. Also removed from the IEP were instruction in executive functioning and social skills. Similarly, the IEP showed he met his executive function goal, but there was no data showing this other than some vague language that he checked his work. Is it reasonable to ask the school to explain on the PWN/NOREP why they feel my son no longer needs instruction in writing, social skills, and executive function? In other words, should it based on data other than meeting a goal? Thanks!

Is there a way to scan in the teacher notes and have some software have them neatly typed out? Is this something AI can do? If your child does this, they now have notes they did themself. Makes no sense for this to be the teacher's interpretation of the IEP. The accommodation is there due to a disability. For your child, teacher notes = student notes. I'd want this clarified in the IEP so no one else tries this in the future. Since this is the dyslexia forum, I'm assuming this is the disability. Your child is likely going to transcribe the notes inaccurately given they are going to be rushed. This doesn't 'level the playing field' which is what accommodations should do.

The notes she has from the teacher ARE her notes pursuant to her IEP. She should be allowed to use them in any way other students use their notes. If all other students are allowed to use their notes for a test, she should be allowed to use her teacher-provided notes. Since you're short on time, I would reach out to the entire IEP team asking for assistance. If you don't hear back quickly, reach out (maybe call) the director of special education. If you have a phone call (or calls) make sure to write everything down that was said.

Hello! My child's IEP provides notes to her from the teacher. The teacher is giving the class an open notes test but told my child that she could not use the teacher provided notes. The teacher told her to write her own note card. This instruction was given to my daughter when she asked if she would be allowed to use the teacher provided notes. It was not an instruction given to the full class. This seems counter intuitive to me. Ask a person who has notes as an accommodation to rewrite all her notes. What are my options here. Her test is tomorrow so any advise you can provide quickly would be really appreciated. Thank so much!

Great information, JSD! Just a side note to this post and something I just found out. The US Department of Education's acronym is ED (Education Department) to distinguish it from the US Department of Energy (DOE).

It seems like the support your grandchild is getting from the school isn't FAPE. If the support was appropriate, there would not have been an issue that came up where he lost the privilege of going on field trips that are scheduled in the subsequent 30 days. It seems that what happened was a manifestation of his disability as ADHD & impulsivity go together. The fact that there are 2 scheduled is "bad luck" or more likely, bad timing, since field trips tend to be scheduled later in the school year when students are antsy with anticipating summer break and state testing is over. I think the solution is to request a manifestation hearing although these are generally done when a student is being suspended from school. It might apply since he's being suspended from a school activity, namely field trips.

I wasn't sure where to put this. The back story is that the policy in my school district on IEP & 504 complaints recently changed. They dropped the contact info for the local Civil Right Office that was recently closed - one of the many changes made by DOGE. I started digging. My quest was to answer the question: Who do you call if you have a civil rights issue with a school? The answer is: The USDOE. Yep, the department of education is who now handles civil rights issues. This is the web page with info on filing complaints: https://www.ed.gov/laws-and-policy/civil-rights-laws/file-complaint

I was at a presentation on FBAs. The presenter said that there are general ed level FBAs that can be done w/o parent consent as well as more in-depth, IEP level FBAs that would need parental permission to happen. They were not clear on what the difference is. Realistically, if a student acts out every time they are asked to do a math worksheet, it doesn't take a behavior expert to determine that math worksheets are the antecedent to the behavior for this student. Another example from a different presentation. Student would 'randomly' look upset, get up and leave the classroom. A behavior specialist came in to observe. What they saw was the student looking upset and getting up when an ambulance could be heard in the classroom. They later determined this student lived in a bad area and sirens had happened with some traumatic events in the student's life. This is definitely more of an IEP level FBA given that the family needed to be involved with being able to see the full picture of why this was an antecedent for this student. Requesting & giving permission for an FBA so there is data on how well your child is doing and how much the aide is involved with him being successful with his behavior, IMO, is what's needed. The truth is that he's doing OK & doesn't have an aide as an accommodation on his IEP so he doesn't need an aide is the high level data that I'm seeing. Given he's getting help from an aide, there should be info on what they are doing and how much support he's getting so it can be determined if he needs an aide. It sounds like he doesn't have a 1:1. He might need a 1:2. The decision on what should go into an IEP should be based on data and if the school is refusing your request for an aide, I'd want to see the data that supports this decision...if it exists.

When a school's evaluation is not accurate or is incomplete, my typical suggestion is to request an IEE at school expense. This needs to be in writing (email is good) so there's a paper trail.

A BIP doesn't necessarily need parental consent, but you should reach out stating you are not in favor of it. It's never too late to do that. If they had done an FBA, that would have required parental consent. I would request a social/emotional/behavior evaluation and that it include an FBA. Schools aren't great at those, but once you receive the school's FBA, you can request an IEE. In order to receive a 1:1 aide "officially" and a good BIP, you'll need to go this route. Special education teachers and others are always afraid to speak up in meetings due to the pressure from "higher up's" about keeping services and supports to a minimum.

We do not want the BIP implemented. Is this something I should state in my “after email” requesting the final draft and the PWN? Our meeting was 1 week ago but I just saw on your blog that we should do a follow up email within a day or two. Meanwhile, my son’s teacher is emailing me on the side saying things like “off the record” and how she doesn’t know why they are giving so much push back on the 1:1 request. I just don’t feel like I can trust anyone! It’s a very unsettling feeling.

Thank you for sharing this—and I can feel how upsetting and unfair this feels, because it is. You’re absolutely right to question it. Here’s the thing: Students with disabilities are still protected by Section 504 on field trips, just like they are in the classroom. That protection doesn’t stop just because the trip is off school property. Denying access to a trip because of behavior related to his disability could be considered disability discrimination if the behavior was part of his ADHD and the school didn’t consider how to support him before punishing him. Schools can set behavior expectations, but they are also required to make reasonable accommodations so that students with disabilities have equal access to school activities, including trips. That means looking at whether his behavior was a result of his disability, and whether other supports or interventions could have helped him succeed instead of just excluding him. You might want to ask the school for a 504 team meeting to review how they’re supporting his behavior before they make exclusion decisions. You can also ask to see their written policy on field trips and discipline, and how they ensure it applies fairly to students with 504 plans. You’re right to speak up. He deserves support, not set-ups.

I have a 9 yr old grandson who has adhd takes meds for it. I recently paid for a class trip 140.00. He has a 504 plan at school. The permission slip stated if children get into any trouble or write up 30 days prior they are not able to attend. We'll he was thrown off 2 class trips in that time period? Because he has a disability is it legal to not let him go on the trip on or off school property? I was just informed they are not allowed to do this. I feel in my opinion they set him up for failure. He was punished for taking something off the teachers desk that didn't belong to him. Why both trips? Any advise would help. Thank you

High school transition team members should be well aware this is required by most/all colleges. I believe this is why you were offered the eval over the summer. They take time for the school to do and can cost thousands of dollars if a family needs to pay out of pocket - not usually covered by insurance since it's educational. When is the triennial due? An RR is quick to do so it's done to be in compliance with timelines. It could be sufficient for your child as far as IEPs are concerned. If your child has access & is making progress, an RR might be OK where an eval isn't a real need. (Schools often look at evals as what's done so see if a student is eligible for an IEP. Once they have one, the progress monitoring provides the needed data on present levels to set goals & determine services so they don't see the need for an eval.)

Thank you. Yes, she does have audiobooks on her IEP currently. That is something she will always need. I did visit the disability office on some college websites and it does appear that most Colleges require an evaluation be within 3 to 5 years of matriculation depending on the college. Am I correct to assume the High School should be aware of this requirement? I really feel good about her case manager so I am surprised they were trying to suggest an RR. When I asked what colleges would need she said, "We would not suggest an evaluation for the purpose of college. But if you request one we'll do one this summer. " Is that not a valid reason I should give to request the evaluation. Isn't it the HS's responsibility to prepare students for what comes next? Thanks again for your help.

I like your idea of an accommodation stating "No peer editing or sharing..." However, I agree that it may not be accommodated because he wasn't found eligible for SLD in written expression. But it never hurts to ask! Could he possibly be allowed to use speech-to-text or type with autocorrect during on-demand writing? The downside to any of these is him looking different from his peers, which may be worse that showing them his "poor" writing. Yes, continue to bring samples (which is data) to meetings. I really think I'd push for the IEE. I understand your concerns, but it seems to me the school evaluation is either flawed for not having him write the entire 15 minutes OR proof of his writing deficiencies since he did NOT write for the full 15 minutes. Get another eval, then you have two versus one (which is flawed). Also, the request for an IEE might prompt the school to just say "ok, we'll give him services and write a goal."

You helped clarify my concern. It is that there is no backup accommodation when such books are not available. Also a great tip about language for the quality of the voices. Thanks!

1. Carolyn, good suggestions. I’ll ask to have my notes about errors on the evaluation added to the IEP and look up a score conversion chart. 2. To clarify, my (2e) son had a private speech and language evaluation focusing on reading, writing, and speech and language last year (almost 3 years after the previously mentioned private testing), which diagnosed expressive language, reading (spelling, comprehension, prosody, accuracy, and fluency), and written expression disorders. (This is the second private diagnosis of written expression disorder.) We presented this newer testing to the school IEP team which prompted another school evaluation. The resulting TOWL-IV and reading scores from the school testing differed considerably from the private evaluation, and I am not sure why except that maybe he wrote more for the private testing leading to more chances for errors. The school evaluation concluded no SLD and average, but even so writing support and a goal were added to the IEP to edit with autocorrect and add more content. The goal was just recently met and removed indicating there's no longer a need for writing support. I do plan to ask for data showing that he's doing 3. Another point of disagreement with the school is about on-demand versus edited longer-form writing. His written essays are fairly good when typed, written over multiple days/weeks, edited with autocorrect, and incorporate suggestions from teacher conferencing. Any writing that is by hand or not edited has many issues and is very different than how he’d answer verbally or type with auto correct. Would a “No peer editing or sharing of on-demand writing with peers” SDI at least be something to help my son feel more comfortable (In the same vein of not being expected to read aloud at school)? I feel this may not work, because there is a fair amount of group work and sharing in class, though. Do I just continue to bring samples to the IEP team showing evidence that he's not independently showing skills in conventions and written expression and ask for services and another goal? I don’t think asking for an IEE would help, because the school has already mostly disagreed with our private evaluation. Thanks!

You are actually "lucky" in the sense that the school even showed you the writing your son did for the evaluation. Many districts take the "copyright" infringement a little too far and won't even show the parent that. If they let you view and take notes, that's probably all you're going to get. Here's what you can do: 1. You can ask that a parent concern be added to the IEP regarding what you saw on the evaluation (be as specific as you like with all the errors, etc. - heck, if you can remember it, you could put in the whole thing), as well as the fact that he only wrote for 5 of the 15 minutes. Also, speak to your son's behavior when it comes to writing and reading tasks throughout the years. 2. I was thinking of suggesting a request for an IEE, but it looks like a private evaluation was already done? (Albeit, one you paid for, I'm assuming, so you could technically still ask for an IEE. I think one reason for disagreeing with the school's eval would be the 5 minutes - what would the writing have looked like if he had to write for the entire 15 minutes? But you don't necessarily have to give a reason for wanting an IEP other than you disagree with the school's.) What did the private evaluation show in terms of qualifying for written expression? If you have both a private eval and a school eval with average scores, you may be out of luck. (And thus, yet, may be looking at outside help.) Scaled scores and standard scores can be converted to the other. You could ask the school for a conversion chart or find one online.

You can get a BIP without an FBA, but it's not best practice. More here: https://adayinourshoes.com/behavior-iep-special-education/ And, more here (sorry I'm on my way out the door): https://adayinourshoes.com/one-on-one-aide-paraprofessional-iep-special-education/

Hi! We just had our annual IEP meeting where we requested a 1:1 for our son for the next school year. They said no and instead presented us with a Behavioral Intervention Program. No FBA was done (to my knowledge) and it seems like this was hastily thrown together. I would like to think that I have a good relationship with his team but this was the first time we really asked for something and the whole vibe was tense during the meeting. Looking for any insight! BIP without an FBA- positive/negative? * my son will be in 4th grade. He has Autism and currently has “supplemental support for transitions” listed in his IEP. He has had an aide the entire year that has been in the role of a 1:1 without being an official 1:1. We were requesting it be made official for next year. *His current SpEd teacher recommended the 1:1. It wasn’t really on our radar. She asked me to meet and told me he has done so well with the support of the aide and thinks he should continue to have that support next year. In the IEP meeting, radio silence from the teacher. She did not advocate for the 1:1.

I don't really have a problem with the "when available digitally" language. But if you're concerned about different interpretations, ask the team what is meant by "when available digitally"? And what are your concerns as to how it might be interpreted? Maybe those concerns could be addressed with clarifying language. Regardless, they need to have a backup accommodation for when such books are not available, such as human reader or a C-pen. Totally agree with you regarding the quality. If he won't listen to computer voices (many kids won't), then it's the same as not providing him with the accommodation. You could add language to the accommodation along the lines of "such books will either have text-to-speech capabilities or a voice pattern that the student responds to/engages with." Can't answer your question regarding specific programs.