Need help with wording of SDIs

[Lara]

Hello,

I need help with 2 SDIs that are limited in the wording the school provided.

The first one is about notes. It reads,

"Provide notes when applicable to reduce the need to copy from the board. Avoid cursive whenever possible."

My child is in 8th grade and is being required to take extensive notes in class and then finish those notes for homework. She has been spending hours on note taking each night. When she self-advocates and asks the teacher for notes he simply says he doesn't have a complete set of notes to give her.  Her case manager got the same response from the teacher and then had my child's reading and writing teachers work with her to finish the notes during her 1:1 instruction time with those teachers. 

How should a note taking SDI be worded to cover the many different types of noted that may be needed for a class not just "on the board"?

The second SDI I need help with is the one below that the school added at the last IEP meeting despite my concerns. It reads,

"Provide opportunities for student to practice and gain skills she is lacking so that she can achieve adequately outside of the school setting and when these modifications may not be available."

My concern was that teachers may be confused by this and see it as an alternative to providing any and all SDIs. Now, with this note taking situation, the LEA is using this SDI as a reason for my child to not get the notes. These notes are not just for practice sake. They are what she will need to review later for a test. I see my concern was a valid one and she is being denied access to material she needs.  

Have you ever seen an SDI like this? Am I off base? Please help me understand how the notes SDI could be worded and what to do about the second SDI. 

Thank you so much!!

[Carolyn Rowlett]

It's not clear from your post what disability your child has, so I will assume it is a specific learning disability such as dyslexia or dysgraphia that makes note-taking difficult to impossible.  You need to make sure the team understands that the reason for this accommodation (in my state, this would be considered an accommodation rather than SDI) is that note-taking restricts her access to the general education curriculum because she is exerting so much effort taking notes (from whatever source - the board or a lecture or a video) that she misses information that is presented while she is concentrating on her note-taking.  She is unable to do both - take notes and absorb all the information being present; therefore, her access to the general curriculum is restricted.  When a disability is the cause of a restriction, the school must remove the barrier; i.e., give her the notes and not require note-taking.

If the 1:1 instruction instruction time with reading and writing teachers is special education time, it is completely unacceptable for this time to be used to help her finish her notes.  I assume the IEP states specific instruction that is supposed to take place during these minutes.  It cannot be used for any other reason.  If it is, track the minutes and ask for compensatory time.  Additionally, she should not have to finish the notes - she should be provided a copy.  Finally, the teacher's excuse that he doesn't have a complete copy of notes to give her is ridiculous.   Make sure the words "when applicable" are removed so that the teacher doesn't have any wiggle room.  Below is how I would word the accommodation/SDI:

"Do not require note-taking and provide notes from all learning sources including but not limited to the board, teacher lecture/instruction, and video presentations."

As for the second SDI, I would completely take that out unless some real specifics can be stated as to what "skills" she is practicing and gaining.  It is unlikely she will need a "note-taking" skill, as most colleges and universities allow recording of lectures.  Also, it's not a "skill" she needs to practice, especially if it causes her to miss out on information.  If she has dyslexia and /or dysgraphia, she may never attain that skill because the struggle is related to a disability. It would be like having a child in a wheelchair practice walking when he can't.

[Lara]

17 hours ago, Carolyn Rowlett said:

It's not clear from your post what disability your child has, so I will assume it is a specific learning disability such as dyslexia or dysgraphia that makes note-taking difficult to impossible.  You need to make sure the team understands that the reason for this accommodation (in my state, this would be considered an accommodation rather than SDI) is that note-taking restricts her access to the general education curriculum because she is exerting so much effort taking notes (from whatever source - the board or a lecture or a video) that she misses information that is presented while she is concentrating on her note-taking.  She is unable to do both - take notes and absorb all the information being present; therefore, her access to the general curriculum is restricted.  When a disability is the cause of a restriction, the school must remove the barrier; i.e., give her the notes and not require note-taking.

If the 1:1 instruction instruction time with reading and writing teachers is special education time, it is completely unacceptable for this time to be used to help her finish her notes.  I assume the IEP states specific instruction that is supposed to take place during these minutes.  It cannot be used for any other reason.  If it is, track the minutes and ask for compensatory time.  Additionally, she should not have to finish the notes - she should be provided a copy.  Finally, the teacher's excuse that he doesn't have a complete copy of notes to give her is ridiculous.   Make sure the words "when applicable" are removed so that the teacher doesn't have any wiggle room.  Below is how I would word the accommodation/SDI:

"Do not require note-taking and provide notes from all learning sources including but not limited to the board, teacher lecture/instruction, and video presentations."

As for the second SDI, I would completely take that out unless some real specifics can be stated as to what "skills" she is practicing and gaining.  It is unlikely she will need a "note-taking" skill, as most colleges and universities allow recording of lectures.  Also, it's not a "skill" she needs to practice, especially if it causes her to miss out on information.  If she has dyslexia and /or dysgraphia, she may never attain that skill because the struggle is related to a disability. It would be like having a child in a wheelchair practice walking when he can't.

Thank you Carolyn! She is dyslexic and for over 6 years has been SLD but they just changed her catagory to OHI (anxiety and Executive Function) despite her reading and writing fluency being in the single digit percentile. She is 2E so her scores were very high in some areas 99.5% and extremely low 1% in other areas. We strongly disagreed with the catagory change but they agreed to give OG and writing instruction so we didn't know if it made a difference what they called it and wanted services to begin.

The school LEA is a special education supervisor. She is the one using the poorly worded SDIs to not provide notes and suggesting they use her special education time to complete notes. I argued many times to remove "when applicable" and they refused. They added the other "practice" SDI this year and now I fear they intend to use it (and are in this case) to not provide the accommodation she needs. I agree, it needs to be removed. 

I sent an email asking them to not use her reading and writing time for notes and to request an IEP meeting. I love the wording you suggested and will request they use that wording but I have little faith they will make the edits needed.

What do you suggest is the best approach for me to be successful in my request? Any official study or documentation I can mention, etc....

She is going to HS next year and I feel the wording needs to be adjusted appropriately before HS.

Thanks so much for your help!

[Carolyn Rowlett]

I would send a parent concerns email prior to the IEP meeting.  I believe Lisa has posts and/or forms for this on her website, but basically it sets out the concerns you want addressed at the meeting.  They should also copy and paste these concerns into the IEP document under the Parent Concerns section.  Here is what I would suggest (don't include the additional suggestions I put in italics - those are follow up items for you).  You are obviously free to change to your own wording and/or make the tone nicer (or meaner :)).

1. I would like to change my daughter's primary eligibility category back to SLD.  (This will be hard to get and as you implied, is probably not a sword you want to fall on if she's receiving services for her SLD.  However, I would ask at the meeting for the reasons and data that they are relying on to change the eligibility category - specifically, why they think the anxiety and executive function disabilities affect her more than her SLD.  If she has more goals for the SLD than for the OHI, there's your argument.  I would also ask that their refusal - assuming they do refuse - to change the eligibility category be provided in a Prior Written Notice.  The only other things you can do to change this is request an Independent Educational Evaluation and/or file due process.  My opinion would be that due process is too drastic for this particular issue.)

2. I would like the accommodation/SDI regarding note-taking to read as follows:  "Do not require note-taking and provide notes from all learning sources including but not limited to the board, teacher lecture/instruction, and video presentations."  This is because requiring someone with dyslexia to take notes restricts the disabled individual's access to the general education curriculum because of the effort that has to go into note-taking.  The student misses information that is presented while she is concentrating on the task of note-taking.  She is unable to do both - take notes and absorb all the information being present; as a result, her access to the general curriculum is restricted.  I am asking that this barrier to her education be removed by providing complete teacher notes from all classes.  (If you do not get this, ask for them to provide their refusal in a PWN.)

3. The parent concern listed in number 2 should alleviate this concern, but I insist that the special education minutes listed in my daughter's IEP not be used to assist her with finishing her notes from classes.  This is a failure to follow the terms of the IEP document and if it continues, I will ask for compensatory time to make up for this loss of special education minutes.  (Again, if refused, ask for it in a PWN.)

4. With respect to the SDI that provides for "opportunities to practice and gain skills...," I would like that removed due to lack of specificity as to what skills are to be practiced and because this is more appropriate for the area of transition.  (Again, PWN.)

 

[driven_cosmos]

When was the last evaluation done?  What did it say about note taking, and is this accommodation worded consistently with the eval recommendations?  If not, you may be able to use that to support making a change.  Would she be able to read a chapter and take her own notes if this was assigned?  You may want to address this at the same time, because right now the accommodation is technically only for copying notes from the board.

Providing a copy of notes is a very common accommodation, so it seems the teacher should be able to provide this.  The path of least resistance may be to obtain a copy of the notes from a student who takes good notes.  Or, put a reasonable time limit on how long she works on this, and if her grades drop without complete notes you have evidence of educational impact.  I agree that they shouldn't be using special ed minutes for this.

If they won't remove "when applicable" you could request that they define when it would and would not be applicable and put this definition in the IEP.  Ask for that PWN if they refuse.

For your second item--which modifications are they referring to?  Does she currently have any goals that should be providing these opportunities along with instruction?  I think that you want to see a goal and data being taken on progress for skills they acknowledge are lacking and are attached to modifications.

The eligibility category may not be as important, as long as she's getting the services needed.  I would just make sure to not allow any goals under SLD to be dropped altogether until you are satisfied that she is at grade level.  They can change based on proficiency and meeting previous goals, but be very careful before agreeing to a complete removal.  You should probably request a new evaluation before removing any SLD related goal.

[Lara]

On 3/24/2023 at 8:37 AM, driven_cosmos said:

When was the last evaluation done?  What did it say about note taking, and is this accommodation worded consistently with the eval recommendations?  If not, you may be able to use that to support making a change.  Would she be able to read a chapter and take her own notes if this was assigned?  You may want to address this at the same time, because right now the accommodation is technically only for copying notes from the board.

Providing a copy of notes is a very common accommodation, so it seems the teacher should be able to provide this.  The path of least resistance may be to obtain a copy of the notes from a student who takes good notes.  Or, put a reasonable time limit on how long she works on this, and if her grades drop without complete notes you have evidence of educational impact.  I agree that they shouldn't be using special ed minutes for this.

If they won't remove "when applicable" you could request that they define when it would and would not be applicable and put this definition in the IEP.  Ask for that PWN if they refuse.

For your second item--which modifications are they referring to?  Does she currently have any goals that should be providing these opportunities along with instruction?  I think that you want to see a goal and data being taken on progress for skills they acknowledge are lacking and are attached to modifications.

The eligibility category may not be as important, as long as she's getting the services needed.  I would just make sure to not allow any goals under SLD to be dropped altogether until you are satisfied that she is at grade level.  They can change based on proficiency and meeting previous goals, but be very careful before agreeing to a complete removal.  You should probably request a new evaluation before removing any SLD related goal.

Thank you so much for your response. She just had a reevaluation the beginning of this school year. Her reading level was at the 9th grade level but her reading fluency was the 5th percentile for her grade. All the test her reading teacher gives her they record as passing her goal already. So, without repeating the evaluation test again, I have no reliable way to measure improvement as the progress reports have her above her goals already. (They won't increase her goals.)

When she takes notes she doesn't recall anything and later has to have me read the material to her or she listens to the audio reading so she can listen and retain the information. So, no she cannot read it and take notes at the same time. 

I appreciate all your suggestions. 

Thanks so much for taking the time. 

[Lara]

On 3/20/2023 at 1:53 PM, Carolyn Rowlett said:

I would send a parent concerns email prior to the IEP meeting.  I believe Lisa has posts and/or forms for this on her website, but basically it sets out the concerns you want addressed at the meeting.  They should also copy and paste these concerns into the IEP document under the Parent Concerns section.  Here is what I would suggest (don't include the additional suggestions I put in italics - those are follow up items for you).  You are obviously free to change to your own wording and/or make the tone nicer (or meaner :)).

1. I would like to change my daughter's primary eligibility category back to SLD.  (This will be hard to get and as you implied, is probably not a sword you want to fall on if she's receiving services for her SLD.  However, I would ask at the meeting for the reasons and data that they are relying on to change the eligibility category - specifically, why they think the anxiety and executive function disabilities affect her more than her SLD.  If she has more goals for the SLD than for the OHI, there's your argument.  I would also ask that their refusal - assuming they do refuse - to change the eligibility category be provided in a Prior Written Notice.  The only other things you can do to change this is request an Independent Educational Evaluation and/or file due process.  My opinion would be that due process is too drastic for this particular issue.)

2. I would like the accommodation/SDI regarding note-taking to read as follows:  "Do not require note-taking and provide notes from all learning sources including but not limited to the board, teacher lecture/instruction, and video presentations."  This is because requiring someone with dyslexia to take notes restricts the disabled individual's access to the general education curriculum because of the effort that has to go into note-taking.  The student misses information that is presented while she is concentrating on the task of note-taking.  She is unable to do both - take notes and absorb all the information being present; as a result, her access to the general curriculum is restricted.  I am asking that this barrier to her education be removed by providing complete teacher notes from all classes.  (If you do not get this, ask for them to provide their refusal in a PWN.)

3. The parent concern listed in number 2 should alleviate this concern, but I insist that the special education minutes listed in my daughter's IEP not be used to assist her with finishing her notes from classes.  This is a failure to follow the terms of the IEP document and if it continues, I will ask for compensatory time to make up for this loss of special education minutes.  (Again, if refused, ask for it in a PWN.)

4. With respect to the SDI that provides for "opportunities to practice and gain skills...," I would like that removed due to lack of specificity as to what skills are to be practiced and because this is more appropriate for the area of transition.  (Again, PWN.)

 

This is SO helpful!!! I will use most of this as you wrote it. I cannot thank you enough. I really appreciate you taking the time to help us!! Thank you so much! 

[driven_cosmos]

On 4/2/2023 at 11:13 PM, Lara said:

Thank you so much for your response. She just had a reevaluation the beginning of this school year. Her reading level was at the 9th grade level but her reading fluency was the 5th percentile for her grade. All the test her reading teacher gives her they record as passing her goal already. So, without repeating the evaluation test again, I have no reliable way to measure improvement as the progress reports have her above her goals already. (They won't increase her goals.)

When she takes notes she doesn't recall anything and later has to have me read the material to her or she listens to the audio reading so she can listen and retain the information. So, no she cannot read it and take notes at the same time. 

I appreciate all your suggestions. 

Thanks so much for taking the time. 

If the data on progress reporting indicates that she has met her current goals, but us not yet at grade level, then the data shows that the goals should be increased.  My guess is reading fluency in the 5th percentile has not met grade level since the beginning of this school year.  Have you requested this in writing?  Did they put their refusal in writing explaining why they won't increase them?

Have you contacted the Special Ed director to ask for their help or attend a meeting?  Sometimes they will intervene once they are aware of what is going on...especially if they know that they couldn't defend their actions if you move up the procedural safeguards list.

[Lara]

On 4/2/2023 at 11:18 PM, Lara said:

This is SO helpful!!! I will use most of this as you wrote it. I cannot thank you enough. I really appreciate you taking the time to help us!! Thank you so much! 

Update and Help Still Needed: 

As mentioned,  I recently asked for a meeting to discuss a few thing including the need for teacher notes. In my parent concerns letter I stated that my student needed a note-taking SDI to read, 

"Do not require note-taking and provide complete teacher notes from all learning sources including but not limited to text, the board, teacher lecture/instruction, and video presentations." 

I explained the need as follows, 

“This is because requiring someone with this student’s profile to take notes restricts her access to the general education curriculum because of the effort that has to go into note-taking. She misses information that is read or presented while she is concentrating on the task of note-taking. She is unable to do both - take notes and absorb all the information being read or presented; as a result, her access to the general curriculum is restricted. We are asking that this barrier to her education be removed by providing complete teacher notes from all classes."

During the meeting, the district  gave extreme pushback stating that this would not be needed because teachers that have notes will provide them to everyone in HS. If they don't it is because the notes don't exist so they don't have notes to provide.  (I know how wrong this statement is and explained in the meeting that the IEP is written for the student's needs and is not based on what the teacher is willing to provide.)

When time allocated for the meeting ran out, they said they would discuss the request and would respond with some suggested edits. 

The school  responded in the NOREP  with the following SDI:

 "When note taking exercises are required, the student may share her notes or completed assignment with her teacher. The teacher will provide feedback towards the accuracy and may directly provide her with the source/s used for the assignment (i.e.:text, audio, video, etc.)"

 

This did not address our concerns and made the situation even worse.  Now she will miss all the work during the class while trying to take notes. Then she'll need to spend time with the teacher after class or arrange a time to meet to check the notes. Then she'll need to spend additional time at home, in addition to her other homework, with the source material trying to get the notes right.  There are simply not enough minutes in the day for her to manage this. Meeting with every teacher after every class alone will cause her undue hardship. To give you an idea of her challenges, on the WAIT-4 her sentence writing fluency was 66, 1st Percentile and reading fluency was 79, 8th Percentile on her last evaluation done at the beginning of this school year. 

 

What would you recommend I do now?  I have 10 days to respond. Please help. 

 

P.s. With regards to the other "practice" SDI mentioned, they added specific skills for which she is lacking ("such as instruction on quick and efficient problem solving, decision-making strategies, and time management skills") of which she has no instruction in or goals listed. I'll need help with how to deal with that too but the notes are my main concern now. 

 

Please help. This is setting her up to fail. 

[Carolyn Rowlett]

I have a few suggestions, and I apologize in advance if I have forgotten or missed some of the facts in this scenario.  If you have not requested an Independent Educational Evaluation (IEE), you need to do so now.  Request it in the area of academics (specifically reading and written expression).  I have yet to see an outside evaluator who recognizes dyslexia (or even just dyslexia "tendencies") not put an accommodation for note-taking in their recommendations.  That is what you need.  (Of course, by law, the school only has to "consider" outside evaluations, but it is still important to get this in writing from an expert.)

The above, of course, will take longer than 10 days.  In the meantime, sign the IEP with your disagreement regarding note-taking set forth on the signature page.  Also, make sure the Prior Written Notice lists the school's refusal to make that accommodation.

Additionally, make sure there is an accommodation regarding her spending no more than 1 1/2 times on homework than her non-disabled peers.  This is a very common accommodation for dyslexia.  That would (hopefully) take care of the problem of her having to spend so much time at home on homework, finding sources for her notes, etc.  Again, this is something that outside evaluators almost always include in their accommodation recommendations for dyslexia.

Finally, depending on how "nuclear" you want to go, I would start using words like "discrimination based on my child's disability."  You child has a right to equal access to the general curriculum, and she cannot access this on an equal footing without the accommodation of note-taking.  They don't make children in wheelchairs crawl to their classes, do they, in order to receive an education?  No - they give them the accommodation of a wheelchair, ramps, etc.  Note-taking is the accommodation your child needs to access the general curriculum.  If all else fails, file a complaint with the Office of Civil Rights.  School districts hate dealing with those and might back down then.

You may need the help of an advocate.  If you can't afford one, see if your state department of education has any agencies it recommends for advocacy help.  Most do.  You could even have an informal discussion with your state's department of education to see if they have any recommendations on what to do in your situation with the school district.