Leaderboard

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!

I had trouble finding 300.347(a)(7), as well. But Section 1414 Part B (d) of the IDEA is alive and well and has similar language. It does not specifically state "at least as often as parents are informed of their nondisabled children's progress," but leaves it to the team to describe in the IEP document when reports on progress will be provided and gives the example of concurring with the issuance of report cards. Since the IEP states the first one will be provided in June, the school is in compliance. Here is my advice from a practical (not legal) standpoint. Depending on what date in February the IEP was implemented, there may not be a lot of data to provide. Often progress monitoring reports that cover only a portion of a quarter say something to the effect of "IEP just implemented on such and such a date, no data available." However, depending on the disability and goals, there very well could be some data available for the month of March (and maybe some in February depending on implementation date). Even though the IEP states the first progress monitoring will be provided in June, nothing keeps you from reaching out to the case manager and asking for some data points now (say something like you don't want to wait until school is out to see if progress is being made, even though you do understand that it hasn't been implemented for that long). Don't throw any law at them just yet. See if they will respond to a friendly email first. If they refuse, you could ask for an amendment to the IEP that progress monitoring will be provided concurrent with grade cards starting with the end of third quarter of school year 2024-2025. They could make this amendment without or with a meeting. But if they were unwilling to voluntarily provide some data points (your first step), it is unlikely the team will agree to amend the IEP, in which case you're probably stuck. I don't know what the disability or goals are, but in general, I would say this isn't a battle to take on. You will likely have other more important battles to fight in the future. But it doesn't hurt and isn't unreasonable to ask for some informal data now.