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Executive disorder dysfunction with online school, and incorporating this so can be done through IEP., the online school refuses to try to provide.

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Hello, long post, sorry am overwhelmed right now.


My 11 year old sweet boy is a 6th grader and currently in an district online program.  who in the past 2 weeks told me he is no longer welcome there due to executive function needs and needs to as of now start at the local brick and mortar against our wishes.  He just started in the fall at the program as we just moved to the district post buying a house and moving post divorce and remarriage.  He is just starting to get adjusted.

My son gets good grades, is happy there, goes to his classes without reminders (except IEP as he says its just extra work in addition to his schoolwork that he does not have to work on).  In the final IEP, there was no explanation as to what they could not provide except needing frequent reminders to do homework and stay on task. I want to include in the dispute I am filing how his needs CAN be met with online schooling, in fact better then in person school as he would be in a general class most of the time, and in middle school he will be switching classes, getting different books, etc.  He is terrified to transfer and said has great anxiety.

Some background for context: 

The online school informed us on 12/7 with the final IEP meeting that he needs too much assistance for them to provide, and was to go to the in person middle school by my house in January.  Unfortunately, neither during testing or the previous meetings or meeting notes said he would need to transfer and could not stay there, even the 11/16 meeting notes that we received on 11/30.  On 12/9 I filed a due process dispute as the transition meeting to go to the middle school was set for 12/12, despite my pleadings to discuss alternatives was ignored.  No PWN was done or IEP final written done until 12/16. 

They are filing to dismiss the dispute, but I will refile now that I have researched more how I need to word things better and what to include.  

One of the main reasons he goes to an online school is that right now his dad and I are divorced, and he refuses an in-person school. He stays with his dad during the week, from Tues through Thurs or Fri, every other week so 3 out of 5 of the days he is at his dads, and dad is in a different county as well as that is far from me, he refuses to drive him to and from school during the week and already told me he does not want him at an in-person school at all.  A tough court battle with custody and schooling during the divorce was made with the decision for this agreement. Dad won't budge and would lead to a long and hard battle, but the school said not their problem , they offered FAPE. 

He has not been in a brick-and-mortar school since the 3rd grade, mainly because of covid and is terrified to go to an in person school. 

Coming up plan: 

With the new dispute, I am trying to figure out ideas for how he can have executive function skills done with the online program.  I am not sure what a 6th grader is supposed to have and the exact things he needs help with as did not specify in the IEP except need frequent monitoring, mainly.  Some of the issue is not being strict enough with no games until homework is finished-mainly at his dads but sometimes at mine so this is our bad, but he does lack executive function skills, just not sure to what extent and how this could be implemented/worded in his IEP with online or hybrid school.  I currently disagree with the findings post interview/testing, and answers given to their questions were taken out of context, and their questions leading but that is another story.  I am requesting an IEE as I don't think the assessment is accurate.


Eventually he should go back but right now, I think the online is better for him,   my other two, they both had a hard time with executive dysfunction but did not help being in a brick and mortar school. Mainly they just did not go to class starting in middle school and I could do nothing about this. Also, I know exactly what homework he needs to be doing and what he has turned in.  This is going to be a long battle and lots of decisions need to be made before he switches schools. 

They do have an hybrid program they did not offer, as a choice and said they were only going to transition him to the neighborhood school and that was it, despite protests.

I know this is long, sorry any ideas would be helpful. 

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I hope I'm reading this right. Are they saying he requires too much support to be successful in the online program (you say he is successful) or that they want to have an executive function skills teaching component best served in brick-and-morter?

If it's the latter, would it be at all possible to schedule in one-on-one virtual time, or to meet in the middle, attend the school for the time for such skills?

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Lisa's article at https://adayinourshoes.com/iep-pendency-stay-put/ discusses the "stay put" clause. If you have an advocate or attorney helping you with due process, I'd recommend reaching out to them for advice after they've reviewed everything as they'd likely be much more familiar with the programs/resources available in the online schools in your state and in the brick and mortar schools in your area.

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