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Ugh, what a mess—and I’m so sorry you’re dealing with this. The short answer? No, they should not be threatening to move your son back to his old school because of absences related to his disability. Here’s why: This is a disability-related attendance issue Your son has ADHD and severe anxiety, both of which are documented disabilities. The absences are excused and tied to medical and therapeutic needs, which means this isn’t just a truancy issue—it’s a disability access issue. Placement decisions must be based on the IEP—not attendance numbers IDEA requires that placement decisions (which include which school he attends) be made by the IEP team and based on the least restrictive environment for that student—not on whether a principal or teacher is frustrated with absences. They cannot unilaterally change his placement because it’s more convenient or “easier for them.” This could be disability discrimination under Section 504 If the school is penalizing your child because of disability-related absences, that can be seen as discrimination. Especially if the absences are backed by doctor’s notes and tied to therapy or health care. You need to put this in writing—now Send a formal letter/email to the school (cc the principal, IEP case manager, and district special ed director) stating: The absences are due to documented disabilities and supported by medical notes You are requesting that the IEP be reviewed and amended to include accommodations for medical-related absences You want written confirmation that they are not moving him without an IEP team meeting and without your consent And make it crystal clear: if they attempt to move him based on absences, you’ll consider it a procedural violation and possible 504/ADA discrimination. Also—document the teacher’s complaints if you haven’t already. That kind of pressure can sometimes lead to retaliation, and it’s better to have a paper trail. You’re doing exactly what you should: standing up and asking questions. Now it’s time to put it in writing and hold the district accountable. You’ve got this.

Hello! So my son (9yo) was diagnosed with adhd and severe anxiety. He does have an IEP but it doesn’t include absences. He’s missed 28 days and 10 early sign outs. Most have dr notes because they are for therapy and dr appointments. They are all excused. Here is the thing, his teacher isn’t happy with it and keeps complaining to the principal. He’s transferred to a different school in same district because he was bullied at his last school. Because of his absences they are threatening to move him back to his old school next year. I’m extremely worried. I’m in NC and I have tried to search for information on this and can’t find anything. Can they do this?

Request a special education evaluation in the area of social/emotional/behavior. List all the reasons you state above. Attach the autism and anxiety diagnoses. Ask the teacher to report what he or she sees in the classroom, at lunch, at recess, and at specials in terms of her responding to questions, making conversations, having friends, etc. and attach that feedback. The school must already see a need in terms of social skills if she's seeing the counselor for that. Those skills can be addressed in an IEP with goals and specialized instruction.

I wrote about my daughter back in November who was only given a 504. We are going to address the school again to get an IEP going for the fall. I am just wondering what supports to ask for for her. She received Speech, OT, PT, and works with the counselor on social skills currently. She has autism and anxiety, her IQ was around 124 which is why she was denied. She needs support with social skills, she struggles to understand the unwritten social norms around friends. She did an assignment in January that had a fill in the blank and the sentence said " School makes me feel worried" School constantly tells us she is doing so well or she's come so far but she consistently comes home expressing how hard it is for her, or that she doesn't want to go, or that she doesn't understand certain social interactions. I know she needs more support but I don't know what to ask for and I don't trust that they will make her a robust individualized plan

With my son, he wouldn't do the book reports that were assigned throughout middle school. The special ed supervisor kept saying 'it's will not skill'. (She was the LEA at his IEP meetings.) I had no proof to refute this. In HS (while COVID was going on), I finally wrote to his IEP team after they did his triennial eval (RR due to COVID) that I felt it doesn't match what we are seeing. I asked for a neuropsych eval - I wanted an IEE but they offered to do one with a neuropsych who was on contract with our IU and I agreed to it. The result was that he has dysgraphia - something that I had suspected in preschool and the school had looked at more than once when he was in elementary school and had said he didn't have. He was in 11th grade and was finally getting the accommodations he should have had 12 years ago when he started kindergarten and his teacher had asked about an eval for OT. The school couldn't do one then because he had been evaluated for OT when he was in preschool and a year hadn't passed so the eval wouldn't have provided valid results. Part of the gaslighting was that OTs are credentialed to evaluate dysgraphia. I don't believe that's true even though that's who did the evals in elementary where they said he didn't have dysgraphia. The interactions with this school have been very frustrating with getting the right support for my children. My daughter was evaluated for autism in 6th grade. After an incident in 8th grade, I was asked to give my permission for a psychiatric evaluation. The conclusion of that eval was that she has Aspergers (later changed to autism level 1) and needed an IEP with the autism box checked. She had these same issues when she started kindergarten but I wasn't aware of how IEPs and special ed worked. This is the reason why I advocate. I don't want to see other families have to deal with the same things my family have had to deal with.

Schools love to say, “That never happened,” or “We didn’t say that,” or “We’ve never done that before.” What’s the worst case of gaslighting you’ve experienced? How did you document and push back?

It's always good to make requests in writing as it creates a paper trail so things don't end up a he said/she said situation. This includes following up with a letter/email after an IEP/ARD meeting. With a speech only IEP, the case manager tends to be an SLP who wouldn't be able to include things unrelated to speech. Also, Tiered support is gen ed and there isn't any paperwork required. The thought behind this is you see an issue, you provide help to the student, the student catches up and stays caught up. Reading between these lines: no disability was present so an IEP wasn't needed. I'm a question person. Rather than asking for Tier 2 in math, I'd say: My child is struggling with math. What can be done to help him? If they don't have Tiered support, they might have a teacher who can help if he gets to school early or has a ride so he can stay late. (Odds are the school would say wait & see but they can also say that a special ed eval in math is a possibility.) To answer your question about PWN: The PWNs I've seen have be extremely vague. A request like this wouldn't have made it onto a PWN. It would have been better to have requested that your concern about your child's poor grades in math go under 'parent concerns' in the IEP. This gets it into writing where anyone reading through the IEP can see that you have concerns about how your child is doing in math. As Lisa would say, PWN in this situation is not a hill to die on. The evals they do for special ed are not like the tests that teachers write to assess how well a student has understood their instruction. Special ed assessments are normed or tested. It's possible there is no disability when a student doesn't do well on a teacher's test. They could have been having an off day or they might not be grasping the concept being taught. (I do agree with you that when a student isn't doing well in math, the school should have something in place so they can get extra support & hopefully catch up.)

This child is in special education under speech only. I want some help in math because he has failed two straight grade periods in math. My train of thought was that the school could provide tier II instruction to help him catch up. I also asked for him to be evaluated for learning disability in math. The testing is complete and we are scheduled for a meeting. But as stated in the above post, being in an ARD meeting for a child that is in Speech only special education. So if I understand your opinion, if I ask for something that is in general education, perhaps it won't require a PWN if my request is rejected. Also what I'm learning from educational web sites and gov web sites is that even though a child has a problem, that problem must rise to level of actually negatively affecting his/her learning. I get that but I would like to know from tests, myself, when they don't meet the standard. Hopefully I can get more clarity during the meeting.

Just in general, you should make EVERY request to the school district in writing - whether or not it has to do with special education and whether or not you asked for it in a meeting. If you did think of it and ask during a meeting, jot down a note to yourself to send a follow up email reiterating your request to the team. Specifically, I'm not sure I can answer your question. Is the child eligible for a specific learning disability in math? If not, there would be no requirement for the school district to provide special education services in math and a PWN rejecting eligibility in a specific learning disability for math would encompass this. Your use of the term "Tier intervention" leads me to believe you were asking for something provided in the general education setting, in which case a PWN would not apply. If you child is eligible in specific learning disability (math), the services provided would not be provided in the general education setting. Others can correct me if I'm off base here. Also, Little Papa3, please reach back out with any clarification questions.

In a previous ARD meeting I requested Tier intervention for math. It was not approved because they stated that they only do Tier intervention for reading. I did not make that request (directly) in writing but, I did during the meeting. Since our next meeting is coming up and I had not gotten a PWN, I sent an email inquiring about it. They called and left a voice mail indicating that we will talk about it at the meeting. With all of this being new to me, I thought if you requested some service and it was rejected or not approved, a PWN was due. Or did I make a technical error by not putting it in writing?

My son has a standing desk with the ability to pace the back of the class in his 504. It really helps him focus.

Thank you so much. DDS (Department of Developmental Services) is going to help us and review the evaluations. Our case manager is also coming to the meeting. She cannot serve as an advocate, but she said that we could get a consultation with an intern advocate with the Federation for Children with Special Needs as well as have her in the meeting and then DDS would contribute funds towards an advocate. I plan on putting together all of the emails that have gone between myself and the school to show his challenges. It's all documented in writing with the exception of the quote incident. That information came from my son and the teacher has not confirmed nor denied it. I apologize for any typos. I can't see everything that I am typing through the ads. Thank you for this forum and for your reply!

I remember being in a meeting with my special ed director. She said that the school is obligated to meet the needs of students - it's really another way of saying they need to provide FAPE. Doesn't matter if what the student needs currently exists or not. They need to meet his neets. If it is appropriate for him to take Regents Chemistry as a co-taught class, they need to provide it. I'm not from NY so I'm not exactly sure what a Regents Chemistry does versus the non-Regents version of the class. I did find this with doing a search of case law in NY: https://scholar.google.com/scholar_case?case=3365753441522273465&q=co+taught+regents&hl=en&as_sdt=4,33 If he's denied the class, he's being denied the Regents diploma. If the Regents diploma is FAPE, he need the co-taught Regents class.

You can use medical assistance to see a provider who can evaluate for medical autism - or if she's covered under employer insurance, it can be done with a copay or 2. A full neuropsych eval is nice to have but it's hard to get it covered and expensive if it's not covered. A psychologist with the right training can do the assessment. It might take a handful of phone calls and waiting for a few months to have it done but this is doable. We had BHRS (now IBHS) services for my daughter. They were the ones who evaluated her for autism when we were looking to renew the authorization for services. It was a rating scale that I filled out. And it's a good idea to have a backup plan. What happened with my friend was she signed up for the ID waiver and they had ID supports lined up. Then the school redid the IQ test and he was low but no longer ID. He's also got autism so he'll still be able to get a waiver but the transition program was no longer a good fit. With autism, my big concern tends to be social skills. This is one thing that can hold a person back from being able to hold a job. I'd definitely ask the school to evaluate this if they haven't already.

My son is currently a sophomore. He has an IEP with co-taught ELA, social studies and science. Math is not in there because he was a year ahead. (Now I wish I would have fought for that, he’s struggling a little with the higher level). Next year he wants to take chemistry. Our district is refusing to put him in co-taught chemistry. They are only allowing him to take a non regents level chem because they don’t offer regular level chem as co-taught. We are going to hire a lawyer to fight this. He doesn’t want to take a lower class because they refuse co-teaching. He has every right to take the regular level class. Is this something worth fighting?

Thank you so much for the information. I will definitely check out the video! My daughter is verbal and I was actually the one advocating for the ID classification based on her cognitive testing. My main reason for pushing for ID was because she didn't have the autism medical diagnosis and I was worried that she would leave school with no real options for accessing resources after graduation. I don't know if this makes sense or not but that was a worry of mine. Now that she has the ID classification, I just can't help but wonder if the autism medical diagnosis would still be a benefit for her moving into adulthood. But I know the cost to have her evaluated and that is really not financially an option for us right now. We have met with a representative from our county to get her name on the necessary lists. I just want to make sure I'm not leaving something on the table for her. Thanks again for the help!

I remember talking to a person who worked as a school psychologist - she now does IEEs. She remembers a student who was immune-compromised and would have graduated ~15 years ago. What he school did was livestream his classes so he didn't have to get exposed to all the germs at school. Not sure if your district would be willing to do this. Also, there are robots with cameras & speakers that a school can buy which would allow a student to attend classes. This website has info: https://provenrobotics.ai/telepresence-robots-in-education/ This one too: https://www.cnn.com/business/tech/av1-robot-sick-children-school-spc/index.html This is a longer video: https://www.youtube.com/watch?v=AMcsPOvdMbw The embedded video is shorter. (I didn't watch them all the way through. I'm assuming they are 'appropriate'.) If your son is present via a robot, he's present & not absent. This could definitely be an IEP accommodation.

In PA, all disabled children are eligible for Medicaid (also called Medical Assistance). With either an ID or autism diagnosis, there are adults waivers that that they could be eligible for as well. (Good to get on the waitlist in your county now so they can plan for when your child graduates HS & needs the waiver funding.) I'm not sure the medical autism diagnosis is really needed. Providers should be told of the autism diagnosis because you approach a person differently when autism is present in addition to ID. If your child is non-speaking, I'd encourage you to watch the movie Spellers on YouTube. My friend's son was given an ID diagnosis. It was given because there wasn't a good way to assess him because he's got autism and apraxia. The apraxia made his speech & fine motor unreliable. He spells now and is taking college classes. Given what he says via spelling, I feel he should have had a GIEP. He's Vince. His story starts at 46:00: https://www.youtube.com/watch?v=8h1rcLyznK0

Thank you for the information. I hope you don't mind a follow up question. We do live in PA so I'd be interested in hearing the PA specific benefits and, she has an intellectual disability classification as well from school. Does that change whether having the medical autism diagnosis is as important in order to access services or does the ID classification provide much of the safe resources? Thank you again!!!

It really just depends if it's going to open the door for you to get more services for the child, and if you want the services. Here in PA, it's advantageous to do so, but every place and every family is different. I've written about this quite a bit, to explain the differences. https://adayinourshoes.com/autism-whats-the-difference-between-medical-and-educational-diagnoses/

Hi, I was wondering if there is a benefit / need to attain a medical autism diagnosis if your child has the school classification? Thank you!

Thank you for validating what I thought was logical. It’s almost the end of the school but I’m going to insist this added to IEP. Thankfully he makes up all work and teachers have been kind. His grades are pretty good considering how much he’s actually missed! He’s got a Bs and a couple As so he should not be penalized for chronic absenteeism. One of his conditions he’s had since birth and I’ve been very transparent. It is not a condition that I will take him to doctor so sometimes it’s just half days he’s missing. please send the link again as I didn’t see it in your reply. Thank you!

Short answer, yes, absolutely. There is nothing in Section 504 or IDEA that prohibits a school from doing this. https://adayinourshoes.com/can-a-504-plan-excuse-a-childs-absences/ Yes—1000% yes—an IEP can and should include accommodations for a chronic medical condition. What your team told you? That they “can only note it in Parent Concerns” and not include it as an accommodation? That’s straight-up and completely wrong under IDEA. Students with chronic health conditions—like your son's antibody deficiency—can qualify for special education services under the “Other Health Impairment (OHI)” category in IDEA. The key? The condition must impact the student’s strength, vitality, or alertness, and limit their ability to access their education—which, with 20% absences, is clearly happening. Accommodations and modifications in the IEP can address: Attendance and makeup work Flexible deadlines Modified instructional delivery Adjusted course expectations if needed Grading policies that reflect medical challenges, not just missed days Credit recovery options or waivers And Yes—Absences Can Be Excused in an IEP Schools do not get to just say, “We don’t excuse absences for chronic illness.” That’s illegal if it results in denying your child a Free and Appropriate Public Education (FAPE). The IEP team can and should put in writing: “Absences due to chronic illness or flare-ups will be excused with parent or medical documentation.” “Student will be allowed to make up missed work without penalty.” “Instructional support will be provided during prolonged absences, including access to class notes, recorded lessons, or homebound services if necessary.” What They Told You = Saying “we’ll just note it in Parent Concerns” is not a valid accommodation plan. That’s just… documentation theater. It does nothing to support your child when he’s missing class, falling behind, and potentially being told he won’t pass junior year. What You Can Say at the Next Meeting “I am requesting that the IEP include specific accommodations related to [Child’s Name]’s chronic medical condition, including excused absences with documentation and academic support during and after absences. Simply documenting this in ‘Parent Concerns’ does not constitute a meaningful accommodation and does not ensure FAPE.” You can also cite guidance from the U.S. Department of Education, which has been very clear: chronic illness is a valid basis for IEP eligibility and accommodations. (Ask them if they’d like you to send a link.) Admittedly, the Guidance Letters and Dear Colleague letters feel like thin ice right now. However, we have not been instructed as a nation, that ANYTHING has changed as far as Section 504 or IDEA. YES, the IEP can and should include accommodations for chronic illness. And the school saying it can’t? Not just wrong, but possibly violating IDEA. Keep pushing. You’re right. They're not. If you want specifics on details of how to gather data, document, ask the team and respond, check out my online training. Link in signature.

My son has a chronic medical condition and this year was diagnosed with a specific antibody deficiency. Due to these conditions he has missed about 20% of school days this year. The doctor wrote a letter explaining the antibody deficiency and how we now know this has caused almost weekly infections resulting in absences. The letter ends by asking that his absences be excused and he be allowed to progress forward academically. (Not have to repeat a junior year.) the cst told me that they could only add a note in Parents Concerns about chronic medical condition and absences. However they would not make any accommodations such excusing absences for chronic conditions flare-ups whether or not there is a doctor’s note. Can the IEP include accommodations for chronic illness/conditions?

Are School Staff Allowed to Talk to the IEE Assessor Without the Parent? Short answer: Technically, yes. But only within reason. If you signed a general consent for the IEE, that often includes permission for the assessor to observe your child and communicate with school staff to complete the evaluation. That’s standard. However... What’s NOT okay? Using those communications to have off-the-record conversations about services, placement, eligibility, or future decisions before you—the parent—are brought in The district stalling or making decisions behind closed doors based on those communications Contacting the IEE assessor after the report is completed to try to spin or reshape interpretation before the IEP team discusses it So while a quick follow-up like, “Hey, what did you observe again?” might be within bounds if it’s part of the evaluator’s clarification, it starts getting shady if it’s being used to delay your FBA IEE or influence decisions before the meeting. What You’re Describing? Pattern of Delay and Noncompliance You requested an IEE. They dragged it out for over a year. They denied your initial choices (common stall tactic). Now, they’re reaching out to the assessor privately after the IEE is done. And they’re using those conversations to decide if they’ll even allow another IEE (FBA). That’s not collaboration. That’s obstruction. Here’s What You Can Say (In Writing): “I was recently informed that the district contacted the IEE assessor to discuss his observation outside of a scheduled IEP meeting. I did not give specific permission for post-report discussions outside the IEP process. I would like any further communication with the IEE evaluator to include me, as I am a required member of the IEP team. Additionally, I would like a written response regarding my request for an IEE in the area of FBA. Please consider this a formal follow-up request.” And you’re allowed to add some spice: “Given the timeline of delays and the district's previous refusal to accept qualified assessors I proposed, I am increasingly concerned about the lack of transparency and good faith.” Don’t Forget: Under IDEA, when you request an IEE, the school must respond without unnecessary delay—by either agreeing to the IEE or filing for due process to prove theirs was sufficient. Sitting in silence while they “talk to the assessor” is not a legal response.