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The thing my child had the biggest need for was reminders to use the bathroom as well as the ability to carry a water bottle. What's ironic is, with COVID, the school turned off all the water fountains and EVERYONE started carrying a water bottle. Water bottles were banned by the school many years ago because kids would put things other than water in them and you can't learn if you're drunk. They talk about pendulum swings in education. Makes me think this is going to be one. Extra time on tests was a game-changer too. Anxiety slowed her down. Extra time leveled the field.

If they want a health plan, why did they say they want the child to have a follow-up with a neurologist? The doctor isn't going to write a plan - they are going to give them clearance to attend school (just like the ER docs did). If the school wants a health plan, they need to say that. Things need to be in writing so everyone is on the same page with understanding what's needed for the medical suspension to end. Common sense says that the prescribing doctor is who should come up with a plan if this is due to a side effect of a med. (My feeling is schools are short on common sense in some situations. I've seen this with my own child.)

Every kid is different, but sometimes we hear about an accommodation and think, why didn’t I ask for that?! What’s an accommodation that has made a huge difference for your child?

In my opinion, they're exposing themselves to a different type of liability by preventing a child from accessing FAPE when there is not a documented medical reason for the child having to stay home. Yes, get everything in writing and the reasons behind the decision, as well as share everything JSD24 points out. But I would include the IEP on your emails (do they even know the nurse told you this?), and I would request an IEP meeting to figure out the educational plan moving forward (and if even needed) because the nurse doesn't seem to have a good one.

I’m fairly certain school is doing it because they feel it’s more of a liability thing because there’s no current health plan in place for the episodes.

If school personnel feel that a student needs medical clearance to attend school, I believe you can request that the school pay for the exam. In addition, I would want this in writing. After 3 unexcused days, a child is truant and, if the parent feels they should be in school, they could not, in good conscience, write an excuse note for their child so the absence would be exclusion from school on the school's part. In other words, this is a suspension from school for medical reasons. You want it documented so you are not charged with truancy. (Parents needs to save their absence excuses for the days they feel the child needs to stay home.) I'd also ask the nurse for a referral to a pediatric neurologist. It could take months to get in to see a specialist so homebound schooling could need to be set up. In PA, I believe that after 2 weeks of illness, the school needs to provide homebound instruction. I feel the school nurse could say this but, like I pointed out, it needs to be in writing or email because I see a ripple of things that could happen as a result. Did the nurse explain what he/she was seeing where they feel it's neurological and not a side effect of the new medication? Are they aware of the med change? Is the nurse aware that the ER attributed this to the med change? (I've not dealt with this sort of thing before. This is speculation based on my best educated guess. I welcome others to chime in.)

Can school nurse director in PA tell a parent their child cannot re-enter the school building until they have a follow up with a neurologist to roll out related conditions despite discharge from ER that fainting/seizure like episode this week are not believed to be neurological in nature? No idea what the wait time to even see neurologist is. Child is currently on an IEP for other reasons. Episodes may be due to a recent medication adjustment.

With respect to not receiving the progress monitoring reports timely, I would suggest reaching out to the director of spec ed and informing him/her about this. I would also inform him/her about the accommodations not being followed. If both of these continue to occur, they are grounds for filing a state complaint for not following the IEP. But give the spec ed department a chance to correct first. As far as the accommodations, I would look closely at how they are worded. Do they state student "will" be provided such and such accommodation. In that case, the gen ed teacher doesn't have the right to only give an accommodation if the student asks for it. That would be a team decision and the language in the IEP would need to be changed. Alternatively, do the accommodations state "as needed" or "if requested by student." If so, I would ask (first in an email, then request a team meeting if they won't change via email) that the language be changed to not putting the onus on the student in order to receive the accommodations because he lacks the self-advocacy skills. That is a skill the team will want the student to master, but if he hasn't mastered it yet, his accommodations should not be withheld from him because he lacks this skill. You can even ask for a goal for self-advocacy - but in the meantime, the skill should not be expected to magically be there. Regarding an IEE, all you have to do is state you disagree with the school's evaluation in the areas of x, y, z. Or you can state in all areas evaluated by the school. You can even list areas you think they should have evaluated in, but didn't. You can give reasons why you disagree, but it is not required. I would keep in very general. As far as the school district saying "no" to an IEE, that rarely happens because they have to either agree to it or take you to due process to show why an IEE is not needed. Because of this, school districts, practically without exception, choose to allow the IEE. The school district will give you a list of approved providers, but you are also free to choose your own. See more about IEEs by clicking on the link below. https://adayinourshoes.com/iee-independent-education-evaluation/

Carolyn, Thank you for taking the time to respond and for the very helpful information! I don't have a copy of the updated IEP (meeting was last Friday,) but I know that they have already implemented the changes. I'll definitely follow up with an e-mail stating what I don't agree with and request the PWN for the changes they made. I requested 2 new social emotional goals as well and they said that they needed to collect data; no timeframe given to collect that. His IEP states that progress reports are to be sent every 9 weeks, but I always have to send an E-mail reminder. And his second quarter progress report was almost 3 months late & indicated that he was showing progress on his goals, not mastered. They're not following some of his accommodations. His teacher, although really nice, feels that because he's bright & doing well, he'll advocate for himself. He doesn't. The IEE crossed my mind, especially when the school psychologist & OT said that they had stopped timers during testing because my son "needed to express a thought he had in his head." To me, that would indicate that his diagnoses interfered with his ability to complete the testing within the testing parameters. Not to mention, some of the scoring showed difficulties. I don't know much about IEE's, but I know that we could obtain one at public expense if the district agrees. My concern is that the district won't agree and then we're stuck because we can't afford to pay for one out of pocket. If you could point me in the direction to learn more about the IEE, that would be amazing. I appreciate the info that you have shared already. I was so worried I was overthinking what happened at the meeting. At least now I know I have reason to be concerned.

Definitely send a follow up email setting forth what you don't agree with in the IEP and your reasons why. Also ask for a PWN for all the changes they made to the IEP and anything you requested that they denied (and outline each change/denial specifically - that way you document it without having a PWN, in case they refuse to give you one). Also state that you expect the IEP to be followed in the area of progress monitoring so that you receive these reports concurrent with grade cards (if that is what the IEP states). If you don't like the data in the progress monitoring, reach out and ask for clarification or more data. You could even request an IEP meeting to go over it. It sounds to me like you need an IEE (Independent Educational Evaluation). I would request one in a separate email from the one I reference above. If you are unfamiliar with and/or need more information about IEEs, reply back.

Thank you, JSD24 for replying. We moved from Florida to South Carolina last year. I met with the new IEP team in August to develop a new IEP and they now have his annual IEP set for August. The school was a little funny with the re-eval in that the person doing the Re-Eval would misplaced the docs from the OT, promised the Re-Eval report two different times & missed the deadlines given, and said that they were sick often which delayed completing the Re-Eval earlier. At our meeting last week to go over the results, they removed goals because they said he was making progress & didn't meet SLD in dysgraphia. They then combined his 3 Social Emotional goals into 1 & reduced his minutes. (The expectation is that he'll be accepted into their P/T gifted program, but I can't get the school district to respond to me.) I should add, no PWN for any of this. Unfortunately, I felt pressured to agreed to their terms due to their time constraint. Their testing showed some issues and they dismissed it as my child probably had an "off day." I'm now looking at sending my follow-up letter to them & telling them that I don't agree with the new IEP. They have consistently been late with progress reports & I haven't seen solid data from them. Something just isn't sitting right for me with all of this.

Thank you, Lisa for clarifying that for me. We moved to a new state last year and the school had a meeting in August and said they were creating a new IEP for him. But March was when his previous school initiated his first IEP.

First off—thank you. Your message was beautiful and powerful, and honestly, I’m saving it for the next time I need to shake off one of those days (you know the kind). You’re absolutely right—our kids just have different learning styles and needs, and there is nothing wrong with that. It’s the system that needs fixing, not the kids. Now onto your question—and yes, I’ve got you. What to Do When the School Refuses Full Support (Even After You’ve Asked 500 Times) You’re not alone. I hear this a lot: “We’ve asked. We’ve brought data. We’ve even done mediation. And still—nothing changes.” Here’s the thing—schools don’t get to say “no” just because they feel like it. Under IDEA, they’re required to provide FAPE (Free Appropriate Public Education), and if the current supports aren't enough for your child to access and benefit from their education? Then they’re out of compliance. Next Steps: 1. Put Everything in Writing (Even If You Already Have) Yes, I know. You’ve already asked. But it needs to be documented—and clearly. Frame it as a request for an IEP meeting and include: A summary of the data showing lack of progress. Specific supports you are requesting. Why the current supports are insufficient. That you are concerned your child is not receiving FAPE. 2. Ask for Prior Written Notice (PWN) Every time they say “no,” they’re required to give you a PWN that says: What they refused Why they refused it What data they used to make that decision Other options they considered and rejected PWN is the paper trail they don’t want you to have. Ask for it every time. How to Use PWN 3. Use Mediation Strategically You’ve already been to mediation, and sometimes it helps. But if not, the next escalation could be: A state complaint An independent educational evaluation (IEE) Or ultimately due process (I know—ugh, but sometimes necessary) You can search for any of the above topics I highlighted here: https://adayinourshoes.com/iep-special-education/ I didn't want to overwhelm you with 50 links, but after 14 years of blogging, I have written about all of these, I think. If your child is still struggling after years of "wait and see" and “we don’t have the resources,” then no—you're not the problem. You're the solution.

And I say that because there aren't only "3 levels of support." But I will elaborate more.

And the (unfortunate) response was: So there are three levels/types/or amounts of special education support according to the IEP documents. The 1st/initial Level is Itinerant Support: Special education supports and services provided by special education personnel for 20% or less of the school day. The 2nd/next level is Supplemental Support: Special education supports and services provided by special education personnel for more than 20% of the day but less than 80% of the school day. The 3rd/final level is Full-Time Support: Special education supports and services provided by special education personnel for 80% or more of the school day.

And so I said: what do you mean by full support? (because I needed clarification)

This is another question submitted via email that I want to put here so that all can benefit. Hello, Ms. Lisa This was very moving and even inspirational for all parents who feel so beat down and defected fighting for the help their struggling students need, who have their own unique learning styles. As I always taught my children, even more so those who have an IEP. Not to allow this situation or the people you may encounter in life to affect your mental health too much, because they may not understand your unique needs. You have a specific kind of learning style, that is all. So, those who will educate you, or have necessary interactions with, what you do in life should know what learning looks like for you. I tell them you have to take pride in what you need while taking your education in your own hands as well, because knowing how you learn is important for you too. I tell them not to allow anyone to make you feel that there is something wrong with you because you are you. It is no different from treating a person who is paraplegic unkind because what they need is not the same as what another person who is not paraplegic needs. The same is said with many different situations that require specific need requirements. Well anyway I don't want to ramble on, I just wanted to say that. Most importantly share how much I appreciate, when I read emails, of you showing the effects of how standing up for the educational needs of our children strengthens one another! With that being said, I never thought to reach out to ask you a question myself. So, the question I would like to ask you is do you have articles designed with information about What to do If the school refuses to offer a student Full Support? What could be said, even if a parent has asked several times and have highlighted years of data for the team to take into consideration on why full Support is needed. Please help if you have anything in this subject that could help. As even mediations have been called hoping for some resolution.

I can also see where the school might need a bit of time to set up the new supports in the IEP. If a student needs a safety harness on the bus or a 1:1 paraprofessional, you want 15 business days to get things put in place. If a parent waives the 15 days, is the school now out of compliance with the IEP because the harness didn't arrive the next day? Are schools allowed to say no - they are unable to start the new IEP immediately given situations like this? If the parent has been trying to put a support in place, I see the waiver as a way to prevent further delays. Seems that things like this end up having pros and cons where it should be used when it's an advantage. My personal thought is to wait 24 hours to have time to think when it comes to things like this.

And my reply: Nope, you are not overreacting. In fact, you’re spot on—and thank you for caring enough to ask this. You're right to be cautious. That 15-business-day waiting period was put into place for a reason: to protect parents and give them time to understand, reflect on, and dispute any proposed IEP changes—especially if those changes are significant, like moving a child from general ed to a self-contained setting. Let’s break this down: 1. Waiving the Waiting Period Is Optional The law in Louisiana (Act 696, passed in 2023) says that a parent may waive the 15-business-day delay in writing—but they don’t have to. The default is that the IEP does not go into effect until the 16th business day after the parent signs the PWN, unless they explicitly choose to waive it. ✔ So when you see a culture shift where waiving it is treated as “standard” or “best practice,” that’s… not great. It’s not illegal, but it undermines the original intent of the law—to give families breathing room. 2. Big Changes = Big Red Flags You're right that the waiting period is especially important when: The student is being moved to a more restrictive setting (like from gen ed to SSCD). There are major behavioral or placement changes being made. The parents seem unsure, confused, or overwhelmed. In those cases, encouraging a parent to waive that protection could cross the line into manipulation—or at the very least, create a situation where parents don't know they’re giving up something important. 3. It’s Not Overreacting—It’s Ethical Advocacy Teachers like you—who recognize nuance and equity—are exactly what our students need. Saying, “Hey, I know we usually do this, but in this situation, I’d encourage the family to hold off and think it over,” is not overstepping. That’s doing right by the student. And yes, in a situation like the one you described—where a student with behavior needs was placed in a self-contained setting without parent pushback or a true attempt at supports in gen ed—that’s a clear scenario where you’d absolutely want to preserve that waiting period. If you're getting pressure from admin or colleagues, you might consider: Referring families to Louisiana’s PTI (Families Helping Families); while they still exist anyway; or you can refer them here Offering neutral language like: “You do have the option to waive the waiting period, but it’s completely your choice, and it’s there to give you time to ask questions or get clarification.” Keeping documentation of cases where you believe the waiver might not be in the best interest of the student. Bottom line: You’re not overreacting—you’re being exactly the thoughtful, equity-focused educator your students need. Keep doing what you're doing.

I got this question on the Facebook page and wanted to move it here because my response got rather lengthy. And, this way we have it as a resource. A teacher wrote: I have a question for you. The Louisiana Legislature passed a law last August that there must be a 15 business day waiting period for an IEP to take effect from the date the PWN is signed. We tell parents they can initial the PWN to waive that waiting period so services may begin the day of the IEP. AS a generic inclusion teacher, most of my IEPs are straightforward and I have no problem with informing parents they can waive this waiting period. However, I have had SSCD and autistic classes where students need more support and this makes me uncomfortable to see the push to waive the waiting period become "best practice" among all special education teachers. Am I overreacting? I can think of a student who against his civil rights was put in a an SSCD self contained class from all general education classes due to behaviors. That is one incident where I would advise the family to seek help from the PTI and not waive the waiting period. When he was transferred to my class and I held an amendment meeting, every suggestion I made to support the student in gen ed was shot down by the principal.

Students shouldn't be falling behind - it's a red flag. There is saying that ADHD never travels alone. 2 of my children got an ADHD diagnosis & proved this correct. One has ADHD & autism; the other has ADHD & dysgraphia. There are other disabilities that co-occur with ADHD and dyslexia and dyscalculia are 2 of them. His falling behind has me thinking that the school hasn't assessed all areas of suspected disability because, with a 504, it infers that students are being given accommodations and that's all they need to have the same access to their education as their nondisabled classmates. If the school missed something, a student might fall behind but the solution is the school doing additional evaluations. So long as they don't redo an eval that was done within the last 12 months, they can do more evaluations to help figure out why he has accommodations and is still falling behind. I'd request this in writing so you have a paper/email trail. (BTW, all states are required to have standarized testing in grades 3-8 and once in HS. It is part of ESSA and NCLB before that.) Maybe you can explain to him that these tests were put in place to see how well teachers are doing their job and it's a reflection on them - not the students - with how well he does. If your child does end up in a different school next year, there are ways to make that transition easier. This includes having him tour the school - maybe more than once. Introducing him to his future classmates and teachers. With being more familiar, it should help make the transition smoother. This could be an accommodation that's added to his current 504. And while you're at this meeting, you could ask for an accommodation that he stay in his current school because 504 & IEP teams can override school policy. (Just be aware that staying might mean the you need to provide transportation. My school has allowed this provided the parents get their child to/from school.)

After hunting around a bunch yesterday, I discovered that 300.347 was axed in the last reauthorization 20 years ago, but the same-ish wording is in the one that replaced it, 300.320 (a)(3)(ii), (ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided; And I live in the state of Vermont, which has: SBE Rule 2363.7(b) Measurable annual goals related to the child's present levels of academic and functional performance which shall: (4) Be accompanied by a method of reporting the child's progress to the parents at least as often as other parents in the school receive progress reports. So at least in my state, yes, they are required to report a child’s progress on their IEP goals at the same time as other parents of non-disabled kids get report cards. I’m writing a state complaint to address this, because the SPED director for our entire district was at our annual meeting to create this IEP. She just confirmed via email that the first progress report isn’t until June. She seems unaware that progress reports for IEPs are supposed to go out at the same time as regular report cards. It is literally her job to know these rules! This means our entire district could have non-compliant IEPs when it comes to progress reporting requirements. Sigh.

You are absolutely right to follow that gut feeling—there is more you can do. 1. Push for an IEP Instead of a 504 Right now, your son has a 504 Plan, which only provides accommodations. But based on what you’re describing—falling behind academically, difficulty with transitions, sensory regulation challenges—he may actually qualify for an IEP under "Other Health Impairment" (OHI) or even Autism (if he shares characteristics). Next Step: Request a Full and Individual Initial Evaluation (FIIE) in writing for special education services. Schools must evaluate once you put it in writing. If they refuse, ask for a Prior Written Notice (PWN) explaining why. 2. Use the 504 Plan to Strengthen His Case If they deny the IEP (or while you wait for the evaluation), strengthen his 504 Plan to address his specific needs: ✔ Transition Support: A written transition plan to help him adjust to the new school (e.g., scheduled visits, meeting teachers ahead of time, social stories about the new environment). ✔ Sensory Accommodations: A sensory plan that allows him to wear specific clothing, access cool-down spaces, and take sensory breaks. ✔ Test Anxiety Support: Structured test prep in small groups, breaks during testing, and alternative testing environments if needed. ✔ Academic Interventions: If he’s already behind, push for structured academic support (extra reading/math help, executive functioning coaching, etc.). Many parents don’t realize that 504 Plans can be extremely detailed—schools just tend to do the bare minimum unless parents push. 3. Fight the School Transfer Decision School choice may be “random” in theory, but disability-related requests are different. You can argue that moving him violates Section 504 because it creates a significant barrier to his access to education due to his disabilities. Next Steps: Request a 504 Meeting (in writing) to amend his plan and add “continuity of placement” as a necessary accommodation. Ask for an IEP/504 Transfer Appeal: If your district has an appeals process, file one with documentation stating that the school change will cause “educational harm” due to his disabilities. Use Medical Documentation: If his doctor, therapist, or any provider agrees that changing schools will negatively impact him, get it in writing. A letter from a professional can carry weight in keeping his placement. 4. Alternative Options if They Say No If they still refuse to keep him at his current school: Consider a Homebound/Hybrid Option: Some districts allow students to attend their home school part-time for core classes and do others online or at home. Advocate for Extra Support at the New School: If you must move schools, make sure they create a detailed transition plan before next year. 5. Bottom Line Ask for an IEP evaluation (this gives you more legal protections). Strengthen his 504 Plan to include accommodations for the school transition. Fight the school reassignment under Section 504 (continuity of placement). Use medical/therapist letters to support his case. You do have options here, and you’re absolutely right to push for what’s best for him. For as bad as your situation might feel now, most school situations are worse, in my experience. https://adayinourshoes.com/vouchers-school-choice-bad/ More to read: https://adayinourshoes.com/difference-504-iep/ https://adayinourshoes.com/extended-time-on-tests/ https://adayinourshoes.com/iep-prior-written-notice-pwn/

My son will be going into the third grade next school year. He will also be rezoned to a different school. He has ADHD and Sensory Processing Disorder which with the two mimics autism at times. Our state starts standardized testing in third grade which puts a lot of stress on students already. My son doesn't do well with change. So much so that he struggles appropriate clothes based on weather. (Such as if it's hot out he will want to have long-sleeved shirts and pants on and typically will go the whole day in a hoodie) He has fallen behind this year and is already concerned about the "BIG" test next year. I'm extremely worried that with already falling behind, stress of the test, and a change in schools will be too much for him. Our school district only has a school choice request form which is basic child's name, grade, zoned for what school, and wants to attend which school. I submitted a form and received notification that my son is waitlisted for the school he is at now. We just had a 504 plan meeting were I spoke my concerns and I was told that the choice seats are picked at random. Is there anything else I can do to help my son? I don't know all the ins and outs to a 504 plan. So, I can't stop this feeling that there's more I can do to help keep my son at his current school. I just don't know what there is for me to do from the information I have.

In this situation, I'd write to the case manager/special ed teacher: Hi- I was looking at the IEP and it says the 1st progress report won't be done until June. I feel it's too long to go without knowing how the IEP is helping. Is it possible to get an update on progress in early April so we can see if the IEP is helping or if it might need to be tweaked? I'm concerned with getting this in June and then school is out for summer and not being able to meet to tweak the IEP until several weeks into the next school year. A parent/teacher conference to look at progress in early April would also be a substitute for this where I can discuss XX's progress with you. Please let me know which works better for you.