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Others may disagree, but my feeling is that if something is no longer a parent concern, it can be removed. If it comes up again, it can always be added back in. The prior IEP's are your proof of informing the school of the parent concerns for that IEP year.

I don't think not having an IEP in place when the school is doing all it can is ever a reason to not attend school. Of course, I don't know all the facts. What is it the parents want in place before their child goes to school? Is there a fear of elopement or some other safety issue? If so, that would be a valid reason, but have they asked the school to put something in place informally until the IEP can be put in place? Would a 504 (that process is usually faster) work until the IEP could be put in place? If there is a valid reason, have the parents asked for ways to instruct the child at home until they feel comfortable enough to send him/her?

Yes. Like Carolyn said: Requesting an IEE at school expense is the next step when the eval is inaccurate or incomplete. (Was the testing done in June when your child was in 7th?) Comparisons should be to a typical peer and not a student with an IEP. https://adayinourshoes.com/iee-independent-education-evaluation/

You ask for an Independent Educational Evaluation (IEE) for the reasons set forth in this post. This would be at no cost to you, and school district either has to agreed to one or take you to due process to show why they shouldn't provide an IEE (so 99% of the time the request is granted).

I think you need to ask to see the progress reports for prior years as well as the SDI that has been provided to the student. It sounds like the remedial intervention through the IEP they have had for 8 years hasn't been helping. When was the student identified as needing help with reading? What level were they at back then? How much progress have they made? Do they have an intellectual disability that prevents them from being receptive to the special instruction in reading that has been provided? What has the school been doing? What are the teacher's certifications and/or qualifications to provide remedial reading services? It's great that they are changing the SDI in the IEP given that is sounds like they have not responded well to prior intervention. I would ask to see the evidence/research on this push-in protocol and how it will do a better job with closing the gap between this child's present levels and where classmates are. Given how far behind they are, the school needs to be doing something different/better to catch this student up. With the bullying that goes on in the MS grades, I would hesitate to do push-in IEP services. It could cause this student to become a target where they will start having mental health issues from the bullying in addition to the SLD. In your shoes, I would also look at how the school is accommodating the student's deficit areas with things like talk to text software and audiobooks. If these are not in place, they will not have access to general education material. My gut says that a child who is 6 years behind needs to be placed in a private special education school at public expense because it seems like the school has tried and failed this student. They need to start making 2 years of progress in reading each year so they can be caught up by the time they graduate. Given what the school wants to do, my feeling is that this student will drop out and never graduate. They will not be able to hold very many jobs with reading at this low a level given how important reading is. Would they even be able to fill out a job application if they don't start making better progress?

I would write a parent letter of concern. Dear School- What I see at home is my child, XX, will get overstimulated where behaviors get bad when she's allowed to use electronics. I'm not sure that allowing her to use her Chromebook during 'brain breaks' at school does the same thing. I do feel that allowing her to use her Chromebook at school for " non essential academic tasks", as stated in her IEP, does not follow her IEP. I would rather see her looking at a book, playing cards, playing with a fidget, punching a punching bag or other heavy physical activities rather than allowing her to use electronics would work better to reset her ability to stay on task when she returns to the classroom after taking a break. Can we try these activities and see if they work better than having her on her Chromebook? Thanks,

I don't see why not, and it certainly wouldn't hurt to ask the 504 team if this could be added as an accommodation. However, I don't know if the school will agree. When you say he was "tested," was he tested for academic achievement or just behavior? You might reach out and ask for additional testing - something else might be going on such as dyscalculia. Also, depending on how low his scores are in math, he might qualify for an IEP, which would give him specialized instruction in math - hopefully in a manner that works for him.

If parent training is needed, you have a few options in a virtual school. You can hire someone local to the parent and do in-person training at their place of residence or a library or other public building. You can do training over Zoom (or similar platform) which could be for just for these parents or a group of parents with similar needs. This can be done by school personnel or someone the school hires. My county does parent training but this is more-so geared toward parents found to be abusive or neglectful toward their children. It's free and they make sessions available to anyone. It might not be as targeted to these parent's needs since you're inferring they need autism-specific training. Another option is a book club with virtual meeting. A book like Ross Greene's The Explosive Child is a great parenting book for every parent. (He also wrote Raising Human Beings. I haven't read this one but I'd recommend it too.) School social worker could also work with families on this on an as-needed basis. I think getting the point across that these are required for the parents is going to be the hard part.

If this school district has a rule that a student needs to be on a 504 for a year before they will do a special ed eval: 1- Get this in writing. 2- File a complaint with the state using 1 as evidence. 3- Ask who the school's 504 coordinator is and request a 504 meeting so a 504 can be drafted and put in place. 4- Request that the prior school send a copy of the 504 the child had when the IEP went away. See if they can tell her the date it started. (It might exist - parents are not required members of the 504 team. And if it's been in place for a year it might be time for an IEP.)

TL:DR — My son’s behavior is impeding his education and the LEA denied an FBA. What now? The school denied my request for an FBA this spring and they plan on denying the one I asked for in writing last week/in person last night. This is an example of the circles we went in: “Heather, it's (LEA). My understanding, like (child’s SPED case manager) said, is after talking with (SPED district director), because I asked for clarification around what an FBA entails too, is that it really is determining the function of the behavior, and if test avoidance is the function and the concern, then an FBA really wouldn't be helpful. So I think, and even according to the team, I think our what we're thinking is denying the FBA and then encouraging the new BCBA to do some observations that actually might be more useful.” I explained that refusal is a symptom of a problem, just like a fever is a symptom of a problem — and that neither of those is the root cause of the problem. My son is refusing to do assessments, and is refusing to go to school if there will be assessments. For context, my son has missed 4 days/36% of the school year so far due to his school refusal. I haven’t counted the days he missed due to school refusal in the spring (when I last requested an FBA for the same school refusal), but it was a lot. I’m open to the possibility that I’m completely misunderstanding what an FBA is for. After all, how can everyone from the district SPED director, my son’s SPED case manager, and the Principal acting as LEA be wrong in their interpretation of what an FBA is for? Any advice appreciate on how to get my kid an FBA, get the district to understand what an FBA is for, etc. - Do I just jump straight to due process and let the state explain FBAs to the school? - Do I ask for a manifestation determination first? (My child’s eligibility categories are autistic and dyslexic) - Do I file an administrative complaint first?