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Ok. It seems we were confused and thought you were referring to the special education testing when you said "oral testing." But you mean the school wants to give her oral, rather than written, tests in the classroom because of her ADHD. I haven't heard of this being something to consider for students with ADHD, but maybe because it "forces" them to stay focused more than if they're sitting in front of paper or a computer taking a test? Whatever the reason, I would ask them to explain their thought process on this change - whether you ask for that in an email or during a meeting. You did say her grades are dropping, so it could be in response to that? Since you are wanting a behavioral plan, I would ask that the emotional/behavioral testing include an FBA (Functional Behavior Assessment).

Ok this is what I have in my documents. I hope this is what you are referring to. 1. LANGUAGE: Speech and language skills, voice and fluency. Goldman-Fristoe Test of Articulation, Auditory Discrimination, Test of Language Developement and Peabody Picture Vocabulary Test 2. PHYSICAL: Vision, hearing, medical examination by a physician. 3. SOCIOLOGICAL: Parent interview and/or questionnaire. 4. EMOTIONAL/BEHAVIORAL: Formal and /or informal assessment of her social and emotional adjustments and interpersonal relationships. Parent, teacher, observations, student interview. 5. COGNITIVE/INTELLECTUAL/ADAPTIVE BEHAVIOR: Wechsler Intelligence Scales, Woodcock-Johnson, and the Vineland Adaptive Behavior Scales. 6. EDUCATIONAL/DEVELOPMENTAL PERFORMANCE: Woodcock-Johnson Tests of Achievement for reading, math,and language and Wechsler Individual Achievement Test. 7. Assistive Technology: Informal and/or formal observations to determine student's needs and services to access areas and functions within the educational environment. To add to my original post, my daughter has been a good student academically. With her ADHD, she has been a handful from day one. Grades started to drop, school calling about disruptions, and her not doing her work. It was my suggestion that she receive special education and include a behavioral plan. As for as the oral testing, I don't understand where that is coming from. It seems to me if you take tests in the regular class room and do ok, why change now? Whenever we do have a meeting I will certainly ask. And by the way, the school did say that we didn't have to have a meeting for the change. If we agree, they will send us the papers to sign. Anyway I would love to get some good feedback. One other thing. Just my reading on this site, I have changed my opinion about the waivers that's on our forms. The question had to do with the 15 day waiver and one response was the waivers are there for the parents to have time to review the plan, change or proposal. It is very likely that I will not be checking that box in the future because there is too, too much that we don't know. Thank you.

Special ed assessments - I believe this is the 'oral testing' you are asking about. Every test has a testing protocol. You'd need to know what test is being given to know if oral testing is an option per the protocol. I have a few thoughts on this. (1) ADHD can co-occur with LD. If the student has an LD in reading, the results might not be accurate. (2) Some kids will mess up with filling out Berger Dots - either accidentally or on purpose. Doing the testing orally means there's an adult making sure the student's choices are accurately recorded. (3) Some kids will look to please the adult they're working with. It's possible that a student might not be honest with oral testing (which is why you need to follow the testing protocol). (4) If the evaluator had a bad experience with (1) or (2), they might opt to give the test orally as it's a waste of time and resources to give an assessment and the results aren't accurate. It also makes them look bad. Keep in mind that the student doing the Connors or BASC is one part of the special ed assessment. Parents and teachers will also do rating scales. With other evaluations, the only protocol is the student answering the evaluator's questions. I believe that a lot of IQ tests are like this.

What areas are checked on the consent form to be evaluated? That could make a difference. I would also ask what evaluations are being used for each area and then look up online to see if an oral version is appropriate.

Hello, My daughter is on a 504 plan but I have requested for her to be tested for Special Education because of poor progress with grades and her disruptive behavior. The school has us to agree to oral testing , adding that most of their ADHD students are orally tested. I have put them off but got a call last Friday so I really don't know the pros & cons of doing so. She has no problem reading from our observation and the school's given statement.

Lack of progress, missing services, work that’s too easy or too hard… there are so many red flags. How did you know your child’s IEP needed changes? What were the signs?

Preferential seating. Written as something to be established by both student and teacher so that it actually works. I know it's often a joke these days, but when it's done thoughtfully, it's wonderful.

I personally find it a beauty of a plan. Be prepared for the school coming back and offering options to stay in general ed (though if the issues and distractions in the general ed classroom are as big a deal as it seems, I don't think they'll have much of a case).

I'm curious if the school evaluated this student for an emotional disability that is secondary to the dyslexia diagnosis. Can they say that an outside therapist is needed if they didn't evaluate? I'd say no. I know that disabled students can live in fear of their disability being discovered where they end up getting teased and/or bullied. It's possible that outside therapy is needed but it's also true that this student might need a safe place and trained person to talk to when feeling anxious. (If this isn't in the IEP, the IEP might not be FAPE.) I've also seen where dyslexic students thrive when in a school that specializes in remediating dyslexia because they are not going to be singled out due to the disability plus they will tend to make better progress because every teacher is either trained to accommodate or trained to remediate (or both). My feeling is that talking to the student and doing your best to figure out where support is lacking is great data to bring to a meeting. Specific examples can go a long way to demonstrate where FAPE isn't being provided to the student as well as how this issue might not be present if all classmates were similarly disabled.

You’re already walking into that meeting with a solid plan. Honestly? Great job on how you’ve framed this—especially your focus on FAPE, Child Find, and using legal precedent. You’re doing exactly what a good advocate should: connecting the dots between the emotional impact, the lack of access, and the school’s legal obligations. Here are a few ideas you might add to your strategy—some are small tweaks, some are additional leverage: 6. School-Based Counseling IS a Related Service under IDEA If the school is denying counseling with a flippant “she doesn’t need it,” ask: Where is that determination documented in the IEP or any evaluation? If it’s not in the IEP or based on an evaluation, that’s a procedural violation. Under IDEA, counseling is a related service that must be provided if it’s needed for the student to benefit from special education. Suggested language: “Given the documented emotional impact of her learning challenges and current refusal to attend school, counseling should be added to the IEP as a related service. This is consistent with 34 CFR § 300.34.” 7. Demand Data (Or Highlight the Lack of It) Has the team provided any progress monitoring or data on emotional or behavioral functioning? If not, ask: “How is the team determining that current supports are appropriate when there is no consistent data being gathered on emotional regulation, anxiety, or attendance?” Bonus: If attendance data shows a pattern, use it to demonstrate lack of access to instruction, a cornerstone of FAPE. 8. Assistive Technology (AT) Consideration If she’s refusing to attend due to anxiety, but still shows academic potential, request an AT assessment for remote access to instruction while the team works on placement. No, it's not a long-term solution—but it's a bridge that shows you're trying to keep her engaged while they get their act together. 9. Refer to OCR and State Guidance You might also drop this little reminder: The Office for Civil Rights (OCR) has repeatedly stated that anxiety and school avoidance are not “voluntary” behaviors, and districts must address the emotional health of students under both IDEA and Section 504. 10. And Finally—Document Parent Requests for Comp Ed If she’s missed substantial instructional time due to the district’s delay in addressing her emotional needs, mention that the parent reserves the right to request compensatory education. No need to demand it yet—but drop it as a breadcrumb. You're already 10 steps ahead of where most teams expect you to be. Add a little more heat to that sauce with these points, and you’ll make it very clear: this isn’t just a “kid with test anxiety”—this is a denial of FAPE, a Child Find fail, and a procedural mess waiting to become a legal problem for them.

Have a third grade student that is refusing to go to school and the district is not helping that much. The child has an IEP for a learning disability (she has Dyslexia) and also has Anxiety. The struggles with learning are leading to extreme anxiety. School said she "doesn't need school-based counseling." Advocating for the parents this week and this is our position: The focus of our position is that Student’s current educational setting is no longer appropriate due to the increasing emotional and behavioral challenges she is experiencing as a result of her anxiety, combined with her diagnosed learning disability (Dyslexia). These factors are preventing her from accessing her education, which constitutes a denial of a Free and Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). Key Points I Will Present at the Meeting: 1. Student’s Emotional Needs Must Be Reassessed Immediately The school has been made aware of X’s increasing school avoidance, emotional distress, and anxiety-related behaviors for months. Despite this, no emotional or behavioral supports have been initiated by the school team. We will request a comprehensive re-evaluation, including assessments in the areas of Emotional Regulation Impairment and Other Health Impairment, as these are suspected areas of disability. 2. The Current Setting Is Not Appropriate X is overwhelmed by loud noises, frequent changes in routines, and struggles with comparison to peers. These sensory and emotional stressors are increasing her school-based anxiety and school refusal. X is not emotionally or psychologically available to learn in the current environment. 3. A Therapeutic Out-of-District Placement Must Be Considered We will present a legal case (E.K. v. Elizabeth City BOE) in which a similar student was eventually placed in a therapeutic school after persistent school refusal due to anxiety and other emotional disabilities. In that case, the judge ruled that the district failed to meet the student’s needs because they delayed appropriate evaluations and interventions. Like E.K., Student X requires a small, supportive, therapeutic learning environment where she can receive emotional and behavioral support throughout the school day in order to make meaningful progress. 4. The School Must Fulfill Its Child Find Obligation Under federal and state law, the district is required to identify and evaluate all students who may have a disability. Given the clear signs of emotional dysregulation and the documented impact on X’s ability to attend and benefit from school, the district is now on notice that X needs further evaluation. We will make a formal request for this reevaluation in writing during the meeting. 5. The Goal Is Support, Not Punishment X’s refusal is not oppositional; it is rooted in fear, anxiety, and frustration. Continued placement in a setting that is too overwhelming is not only ineffective—it is emotionally damaging. She deserves a learning environment that meets both her academic and emotional needs. Can you think of anything else I should present or take into account? Thank you so much!

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.