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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.

RePosted • @casponline, Governor Newsom signed into law the CASP-supported measure, AB 2173 (Addis). This new law allows the term ‘emotional disability’ as an acceptable alternative to the existing ‘emotional disturbance’ label in California’s Education Code and regulations. CASP believes that this change in terminology will help to reduce the stigma associated with mental health challenges which can be a major barrier to individuals seeking help and support. A big thank you to the legislature, Assembly Member Addis, Governor Newsom, and the CASP Legislative Committee for their unwavering support and coordination in getting this bill passed. This is a significant step forward for our community!

A child should always get all intervention they require to make them successful regardless of the eligibility category. If the primary disability is SLD, they should still receive goals, services, and/or accommodations for anxiety if the evaluations show they are needed to access the general education curriculum. If the primary disability is OHI, they should still receive goals, services, and/or accommodations for SLD if the evaluations show they are needed to access the general education curriculum. Your child's life should not be ruined either way because they school district is required to provide needed interventions in all areas of need. Having said that, I feel the primary disability is important, because that tends to be how the teachers view the child. Do you want the teachers to think your child's anxiety is the bigger problem or the reading comprehension. Also, what do you as a parent feel is affecting your child the most - the anxiety or the reading comprehension? But it will also depend on what the evaluations say, and it sounds like the school district may argue that the data points to OHI -but make them PROVE that if you disagree. I'm also very suspect when school districts want to avoid the SLD classification. They may feel that this holds them to a higher standard, such as providing evidence-based multisensory structured instruction, even though my thought is this is required even if SLD is a secondary category. There also might be state laws that kick in regarding SLD's that they're trying to avoid. Go with your gut - you know you child the best. But also be prepared to back up your decision by referencing data in the evaluations and (if you think it will be helpful) asking the general education teacher what s/he feels is your child's bigger obstacle.

My name is Carol Wilson, and I am a special education teacher deeply concerned about recent trends in educational placement practices for students with Emotional and Behavioral Disorders (EBD). I am reaching out to advocates to bring attention to a critical issue affecting the well-being and rights of students with EBD nationwide. In recent years, there has been a concerning trend observed across many school districts: the placement of students with EBD in self-contained classrooms designed for students with significant cognitive disabilities without following proper due process procedures. This practice not only violates the rights of these students under the Individuals with Disabilities Education Act (IDEA) but also places them at significant risk academically, socially, emotionally, and even physically. Placing students with EBD in self-contained classes without holding a manifestation determination review (MDR) and without considering the individualized needs of these students is a gross violation of their rights. It denies them access to the least restrictive environment and fails to provide the necessary supports and services outlined in their Individualized Education Programs (IEPs). Furthermore, it can have detrimental effects on their academic progress, social interactions, emotional well-being, and physical safety, as well as that of the students appropriately placed in these settings. Moreover, this practice also takes a toll on educators. Special education teachers who are tasked with managing classrooms with students who have significant cognitive disabilities face immense challenges when students with EBD are placed in these settings without appropriate support or training. The increased behavioral demands and potential for physical aggression or violence put educators at risk of burnout, injury, and compromised mental health. As advocates for both students with disabilities and educators, it is imperative that we take action to address this pressing issue. I am calling for a national campaign to raise awareness about the inappropriate placement of students with EBD in self-contained classrooms and to advocate for the rights and well-being of these students and educators. I urge advocates to join this campaign and mobilize its resources to: Advocate for the enforcement of proper due process procedures, including the holding of MDRs, before any decision is made to place a student with EBD in a self-contained classroom. Provide training and support for educators working with students with EBD to ensure they have the necessary skills and resources to meet the diverse needs of their students. Advocate for the implementation of evidence-based practices and interventions to support the inclusion and success of students with EBD in general education settings whenever possible. Call for increased funding and resources for special education programs to ensure that students with EBD receive the individualized support and services they need to thrive. Additionally, I urge advocates to encourage its members and stakeholders to flood the Office for Civil Rights with reports of these violations of students' rights. By bringing attention to these issues at the federal level, we can work towards systemic change and ensure that all students receive the quality education and support they deserve. Together, we can make a difference in the lives of students with EBD and ensure that they are provided with the opportunities and supports they need to succeed. Thank you for your attention to this critical issue, and I look forward to collaborating with you on this important campaign. Sincerely, Carol Wilson, Ph. D.

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.)

You are absolutely right to follow that gut feeling—there is more you can do. 1. Push for an IEP Instead of a 504 Right now, your son has a 504 Plan, which only provides accommodations. But based on what you’re describing—falling behind academically, difficulty with transitions, sensory regulation challenges—he may actually qualify for an IEP under "Other Health Impairment" (OHI) or even Autism (if he shares characteristics). Next Step: Request a Full and Individual Initial Evaluation (FIIE) in writing for special education services. Schools must evaluate once you put it in writing. If they refuse, ask for a Prior Written Notice (PWN) explaining why. 2. Use the 504 Plan to Strengthen His Case If they deny the IEP (or while you wait for the evaluation), strengthen his 504 Plan to address his specific needs: ✔ Transition Support: A written transition plan to help him adjust to the new school (e.g., scheduled visits, meeting teachers ahead of time, social stories about the new environment). ✔ Sensory Accommodations: A sensory plan that allows him to wear specific clothing, access cool-down spaces, and take sensory breaks. ✔ Test Anxiety Support: Structured test prep in small groups, breaks during testing, and alternative testing environments if needed. ✔ Academic Interventions: If he’s already behind, push for structured academic support (extra reading/math help, executive functioning coaching, etc.). Many parents don’t realize that 504 Plans can be extremely detailed—schools just tend to do the bare minimum unless parents push. 3. Fight the School Transfer Decision School choice may be “random” in theory, but disability-related requests are different. You can argue that moving him violates Section 504 because it creates a significant barrier to his access to education due to his disabilities. Next Steps: Request a 504 Meeting (in writing) to amend his plan and add “continuity of placement” as a necessary accommodation. Ask for an IEP/504 Transfer Appeal: If your district has an appeals process, file one with documentation stating that the school change will cause “educational harm” due to his disabilities. Use Medical Documentation: If his doctor, therapist, or any provider agrees that changing schools will negatively impact him, get it in writing. A letter from a professional can carry weight in keeping his placement. 4. Alternative Options if They Say No If they still refuse to keep him at his current school: Consider a Homebound/Hybrid Option: Some districts allow students to attend their home school part-time for core classes and do others online or at home. Advocate for Extra Support at the New School: If you must move schools, make sure they create a detailed transition plan before next year. 5. Bottom Line Ask for an IEP evaluation (this gives you more legal protections). Strengthen his 504 Plan to include accommodations for the school transition. Fight the school reassignment under Section 504 (continuity of placement). Use medical/therapist letters to support his case. You do have options here, and you’re absolutely right to push for what’s best for him. For as bad as your situation might feel now, most school situations are worse, in my experience. https://adayinourshoes.com/vouchers-school-choice-bad/ More to read: https://adayinourshoes.com/difference-504-iep/ https://adayinourshoes.com/extended-time-on-tests/ https://adayinourshoes.com/iep-prior-written-notice-pwn/

putting your daughter in a position to defend her own accommodations? Absolutely unacceptable. I totally get wanting to educate this teacher instead of just blasting them with anger (which, let’s be honest, at times they kinda deserve). Here are a few short but impactful resources you can send: 1. The Classic: “F.A.T. City” Workshop (Frustration, Anxiety, Tension) Video Richard Lavoie’s “How Hard Can This Be?” This is an eye-opening workshop where a specialist makes neurotypical teachers feel what it’s like to have a learning disability. Every teacher should be required to watch this. 2. Harvard Article: Why Neurodivergent Kids Work 2x as Hard Article The Twice-Exceptional Dilemma This explains how 2e students work harder than neurotypical peers and why accommodations are essential—not a “crutch.” 3. One-Liner Response for the Future For your daughter: "My IEP is set up so I can access learning, not just so I can get good grades." For the teacher: "Accommodations don’t make learning easier—they make it possible." Would love to hear how this goes. Hopefully, the teacher has enough self-awareness to take the hint.

Hi Lara. I am going to assume the learning difference is dyslexia. I think you should preface anything you send to the teacher with your words in the third paragraph above, which are a very good explanation on their own. A gifted student SHOULD be getting all 100's IF she has the barrier to her education removed/accommodated for. Does she tell a child in a wheelchair to "just try harder" to walk? It is essentially the same thing. The physically disabled child can't help that they can't walk, and a child with dyslexia can't help that they struggle to read - no matter how hard they try. In addition to being educated on dyslexia, this teacher also needs to be educated on IEPs. It is completely inappropriate (and possibly discriminatory) for the teacher to tell (bully) the child to try without her modifications and accommodations. That is an IEP team decision. If the modifications and accommodations are in the IEP, by law she HAS to follow them regardless of her personal feelings on the matter. Also, you need to request (demand) that she have no more such conversations with your daughter or ask the special education coordinator/director to reach out to the teacher. She is putting the school district at risk by not following the IEP. You would have a valid state complaint or could go to due process with this. Below are a couple of quick reads. The CNN article includes a link to a simulation, which hopefully she would click on. One last suggestion. I would try to get the teacher to confirm in writing what she said to your daughter. So you might first send an email something along the lines of "my daughter mentioned a meeting you had with her. I just wanted to get some clarification on what you were asking of her. Are you wanting her to attempt her school work without using the accommodations in her IEP?" No judgement or shaming or education yet - something neutral that she would hopefully respond to with the truth so you would have some proof if that were ever needed. Good luck! https://dyslexia.yale.edu/dyslexia/what-is-dyslexia/ https://www.cnn.com/2016/03/05/health/dyslexia-simulation/index.html

Totally agree. But, not to give school districts any slack, it is more difficult these days to determine "preferential seating," because the teachers tend to more around the room, teach from different locations/white boards, etc. As Lisa states above, you have to look at the individual student and what his/her needs are and then precisely define "preferential seating." You also have to ask if the onus is on the child to determine the best seating or the teacher. This depends on the child's age, awareness of their issues, and ability to self-advocate.

We decided we pay out of pocket to have the IEE person attend virtually as it makes sense for her to be there and review it and her recommendations. Now we are just waiting to hear back from the school regarding our request for an IEP meeting. They said they would get back to us on scheduling, but that's the last we heard so far...

Also request the IEE at the same time you send written communication about the missed eval. The school had its chance.

First, let me preface that this is not legal advise, as we do not give legal advise on this site. The IDEA does not say anything specific about being late to meetings (to my knowledge), but it does speak to parents not making themselves available for or replying to attempts to schedule meetings. At some point the school has to move on and just make sure all attempts to schedule the meeting have been sufficient and documented. I would say being significantly late to meetings would fall under this provision. However, the ADA might apply here requiring accommodations for dad's disability. But it sounds like you are doing everything you can. Can you talk to the dad about this issue? Ask him what the best way to get him there on time would be? Ask if he has someone who can assist him? If he is not working, he might be getting assistance from a government agency - not just financial, but also daily living. Could they help? Do they make sure he gets to doctors' or other appointments on time? Who is making sure the student gets to appointments on time, because it sounds like he wouldn't be able to. Can that person/aide help? I personally think booking longer timeslots would be an unnecessary burden on the school.

When the breaking of school rules happen, it's generally followed by the school following discipline guidelines which can include expulsion/a switch to alt ed (since school is mandated). The only exception to this is when the rules were broken due to a manifestation of a disability or the school not following interventions to prevent behavior in the IEP. The change of placement of a student with an IEP is required to be a team decision. In other words, you need an IEP meeting to move a special ed student to an alt ed school. If your child doesn't have an IEP, you can request a special ed evaluation to see if they qualify. If the school says they don't qualify, you can request an IEE at school expense. Lisa has info on MDRs on her website: https://adayinourshoes.com/manifestation-determination-hearing/ I've seen where an academic issue wasn't supported and the student had behaviors so you might want to look beyone the behavor to what's the root cause.

To me, it sounds like medical neglect if the student has a history of food lodging in the throat and the school lacks the equipment needed, per a doctor letter that they have a copy of, to deal with this. There are agencies that will look into medical neglect in situations like this. Your state does offer facilitators for IEP meeting where they might help in getting you & the school on the same page. Would the school agree to this? https://www.cadreworks.org/cadre-continuum/stage-iii-conflict/facilitation/facilitated-iep-team-meeting-massachusetts and https://www.mass.gov/info-details/facilitators-for-iep-team-meetings Not sure if MA has a consult line that parents & advocates can call to help resolve situations like this. I did find this group located in Boston - they might be able to offer guidance: https://www.massadvocates.org/ I also found this: https://www.mass.gov/info-details/education-resources

You are absolutely correct that any areas in which the child was found eligible and has an IEP for has a right to have a re-evaluation in those areas every three years. I would suggest referring the school psychologist to the IDEA and any state guidelines you can find regarding special education processes that address this specific issue. l would even call your state department of education and speak with someone and add THAT to you email. I would also copy your director of special education. The only allowed reason for not conducting a three year re-eval is if BOTH the school district and parent agree. I they still say "no," ask for a PWN and file a state complaint. As far as the math goals, again, you are absolutely correct that she should be switched to life skills math. At a minimum, she should not be attending any gen ed math classes at all, but instead should be spending that time in special education math. Schools try to argue that students need to stay at least part of the time in the gen ed math class so they are exposed to the skills their peers are learning. But your daughter is way too far behind to get anything our of a gen ed math class and it would be very frustrating and a complete waste of time. Other than pointing to her significantly low math level, I'm not sure how else to convince the team.

How many accommodations are reasonable for in IEP? An IEP was just written for a student with 25 accommodations. Is a collaborative classroom the best fit for this student, and how can a teacher stay in compliance /document that number of accommodations?

I think the first thing is to make sure the student will cooperate with an IEP if he is given one. If he "doesn't want any help at school," does this mean he doesn't want to be pulled from the general education setting and go to special education? If he can't be talked into this, I'm not sure it's worth the fight to get an evaluation. When you say "the support" is not helpful, do you mean specialized instruction that students receive via an IEP for dyslexia or accommodations via a 504 Plan? Could the parent consider private tutoring? A student is usually given a brief evaluation before the tutoring begins with no obligation to sign up for tutoring. As far as the timeline for requesting another evaluation if denied, she should request an IEE, file a state complaint, and/or file for due process based on the fact that the school was presented with a diagnosis of dyslexia (and other data showing struggles) and refused to evaluate.

It's hard to answer your questions (at least for me, anyway) without some clarification. 1. Does the student have an IEP? Just confirming because sometimes a BIP can be in place without an IEP. 2. How does the BIP define "emergency removal?" Is it an action, a place, or both? 3. How/when is the location of sitting outside of gen ed classroom triggered? 4. When the listed behavior occurs, what is the process that is stated in the BIP in terms of where the student goes, what processing is done with the student, how it is determined when student will return to class? Is sitting outside the gen ed classroom a step in the process to return to class? 4. When the student is sent to the "Alternate Learning Placement," is this where students are sent for in-school suspensions? (That might be what they are talking about when they mention the 10 days because a removal for behavior in violation of school policy would not trigger a PWN or be considered a denial of FAPE until it reaches 10 days. But multiple occurrences (even if less than 10 days) should be a reason to revisit the BIP and see what can be revised to address the behavior.

We have decided to go forward with the 504 (covering PT and OT) and 2 RTI plans (one for speech and one for social skills). We will continue to reassess frequently throughout the year and make sure she is getting the support she needs. We are trying to balance keeping her in the environment she is in vs having to change her environment. I have really appreciated everyone support! If anyone has any other questions or advice or things for us to consider please know I will continue to check this!

I was just notified that they were doing the tri-annual review. I did provide the school with the results of his first-grade evaluation, but it sounds like that never made it into his official folder. I finally got to speak to the school psychologist/ CSE Chair, and it sounds like all of the records for each student are a mess. She is trying to bring the school back into compliance. I am pleased that she was willing to reach out to address my concerns. I appreciate everyone's responses!

Was it the school neuropsych who did the diagnosing or did you bring him to someone outside of school? If this was done outside of school, the school will only have that as part of his records if you provided paperwork from the diagnostician. It's possible that the school records are sloppy or are missing the fact that his doctor tweaked meds to help him have better behavior. (Maybe they only looked at school records & not things you provided.) Under FERPA, you are allowed to clarify school records. You might want to see these records to determine if you should add something so they know he's taking meds for behavior and as long as they are right, he should be OK to be in his neighborhood school & not an alt placement. (Not sure if you should email them as to why they feel he might need an alt placement as you have not been informed of any issues he's having at school. I've seen where parents are not in the loop so the school can have data where they should be keeping parents in the loop so meds can be tweaked. I know as kids grow, dosing can often need to change.) If the person is new, they might not know your son and the fact that things settled down. Has the school requested parent input with doing the triennial eval? You could mention that he's taking meds to help with behavior and you want to know of any issue the school is having with him so meds can be tweaked when needed. I know that my son who has ADHD needed meds for both focus and to cut down on impulsive outbursts. Luckily he was OK at school. I think video games were a trigger for him. We did adjust how much he was getting from time to time.

This is a copy & paste of the law from this website: https://legislature.idaho.gov/statutesrules/idstat/title33/t33ch2/sect33-202/ TITLE 33 EDUCATION CHAPTER 2 ATTENDANCE AT SCHOOLS 33-202. School attendance compulsory. The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. To accomplish this, a parent or guardian shall either cause the child to be privately instructed by, or at the direction of, his parent or guardian; or enrolled in a public school or public charter school, including an on-line or virtual charter school or private or parochial school during a period in each year equal to that in which the public schools are in session; there to conform to the attendance policies and regulations established by the board of trustees, or other governing body, operating the school attended. History: [33-202, added 1963, ch. 13, sec. 25, p. 27; am. 1992, ch. 243, sec. 1, p. 721; am. 2009, ch. 103, sec. 2, p. 318.] I am not a lawyer but the way I'm interpreting this is if you are 7 on the day school starts, you must be enrolled in school. If he's turning 7 in a month, school has already 'commenced', so he'll need to start in the fall. I don't see this as a truancy issue. Part of school evaluations often include a classroom observation. I think this will be needed before the school says a 1:1 is needed. Parent will not see this on an IEP or 504 until the child is in school & the school sees a need. Has the family considered a virtual charter school where they can provide 1:1 support? This might be a way to show the local school district that a 1:1 aide is needed.

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 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?

If the behavior is coming from academic instruction that isn't at an appropriate level of rigor for a student, the fix would be to provide appropriately rigorous instruction. Has the school done an FBA? A BIP/PBSP needs to be based on data and an FBA is where this data comes from. I'm not sure what state you are in so I'm not sure what the rules are on how gifted has to be done. I'm in PA & GIEPs go from K to 12 even though the formal gifted program in many schools doesn't start until 3rd grade. I do have a suggestion for homework. Modify it to his level. If the assignment is addition of single digit numbers, find a worksheet with double digit addition or change the one he brought home and have him do it and hand it in. Write a note that he was bored and uncooperative with the assigned homework, so you modified it. This also provides data on how mismatched his ability is to the work the class is doing. If you feel your child needs sensory breaks and enrichment, figure out what the school needs to do to come up with data on that being the need so they can tweak the IEP so he has the right support. There are evals for social skills. Has any been done? I'm also thinking that this might not be ADHD & anxiety. My oldest was like this - got an ADHD diagnosis in kindergarten. As it turned out, she's on the autism spectrum. She was diagnosed with Aspergers in 7th grade. This was changed to autism level one when the DSM 5 came out. She's 2E. Very bright - had a GIEP. Communication skills & social skills were low. It's a hard combination to deal with. The school saw the intelligence but not the deficits. She finally got an IEP at the end of 8th grade.

My answer is going with the assumption that you voluntarily placed your child in the private school and it was not an out-of-district placement agreed upon by an IEP team in your home district. If that is not the case, please reach out again because my answer would likely be different. There may also be a difference if your child was found eligible prior to or after placement in the private school. When a child is enrolled in a private school, it is the responsibility of the district in which the private school is located to conduct evaluations, determining eligibility, and developing a plan for special education services. Also, it will most likely not be called an IEP, but rather a "services plan." You do not have the same rights to special education in a private school setting that you have in a public school. Funds are allocated to public school districts for providing special education services in private schools in their district, but they have a lot of flexibility in how they spend those funds. Any meeting you have with the school district to develop the plan should include a representative from the private school. I would suggest reaching out to your state department of education for specific guidelines in your state.

We are going to need more facts for this. What do you mean by "full support" versus "itinerary or supplementary support?" I can respond in a general sense... You need data to show the student needs the support you're asking for. What do you mean by "records" show serious struggle? Has there been a school evaluation? That is what you need to refer to in order to show a need. Point to struggles/deficiencies shown by the school evaluation and other data (grades, teacher comments, etc.) and make sure it is documented in the present levels. If it's there, it needs to be addressed with accommodations. Ask the team: "Why aren't you providing the support that the present levels show the student needs?" If the school evaluation/present levels don't show a need, you can disagree with the school evaluation and request an IEE (Independent Educational Evaluation) at school expense. Unfortunately, school districts do not have to follow the recommendations in an IEE, but they do need to consider them.

I would advise first calling your state department of education (special education department) and asking what they think. You don't want to start a fight or pay for legal expenses if you don't have back up from the state. States have been very lenient toward school districts during this special education teacher shortage. One thing I would ask for personally is if the offer could be used DURING the school day. School districts contract with outside providers all the time and provide services during the school day - sometimes via Zoom. See if you could work something out. We do not provide legal advise on this site, but a couple of things jumped out at me. First, they are referring to it as an "offer." Does this mean if the parent can't arrange for services to be provided outside of school that the school district is off the hook because the parent "rejected" the offer? That doesn't sound right. (Not to mention that transportation should probably be "offered," as well.) Second, you make a good point about other parents who don't have the resources or aren't savvy enough to understand this "offer." Is the school district going to follow up with all parents to confirm that minutes were actually provided? After all, the school district is the entity that owes the child the minutes and has to show proof that they were provided. (Another question to ask the state.) As far as the school district's failure to respond to your communication, first, I would not call. That leaves no trail of your attempts. Second, when you do not receive a timely response from the person you emailed, go up the chain of command - principal, special education director, superintendent, school board. You might also consider attending a school board meeting and asking your questions - preferable getting other parents similarly situated to attend.

Question: What's the most creative or unusual accommodation you've successfully included in your child's IEP? How has it helped them?

Thanks for that perspective! My concern is that the TA won't be 2:1 based on the language in the PWN and will be working with additional kids regularly. This was an issue this year as there were always 3 adults in the room and my daughter was still able to elope. Also, by taking it out of the grid there's no definition around what the TA will be helping with. I emailed the speech therapist and she forwarded it on to the CSE director and the principal. We'll see what they have to say. Thanks so much for your input!

I would request a meeting and make sure the principal and director were there. Ask for the 2:1 to be put in the services section or at a minimum the TA. I would also request a new or revised PWN setting forth that the 2:1 agreed to at the meeting was removed without another meeting being held and the reasons why it was removed.

So the 2:1 was in the draft, discussed at the meeting as staying in the IEP, and was deleted from the final version. There definitely needs to be a explanation in the PWN as to why something agreed to was removed from the IEP. With a case manager leaving their job between having an IEP meeting & getting the final draft to the family, I would hope that the LEA would be the person to do the edits on the IEP so it's someone who was at the meeting.

Like I posted before: There is a saying in schools: If it's not in writing, it didn't happen. Make sure you have a paper trail. If you do have a phone or in-person conversation, follow it up with an email so you get important points in writing. I know this is a PITA but it's necessary.

Hi….I’ve been a member for a while. I’m in California, I have twins, I’m a single mom, and I have a very big case against the school district and beyond. District is pushing to settle (mediator contacting me daily now), but I don’t have a lawyer, and am not equipped to negotiate settlement agreement that spans special Ed, civil rights, personal injury, etc. District understands this is what we are both talking about. Please reach out to me asap with any strong attorney referrals. Again, this goes far beyond compensatory services and requires an attorney who can jump in now, understand multiple overlapping areas of law, and negotiate a settlement agreement now.

So, it seems (if I got this right) that your son's IEP wasn't followed & he ended up at (A) because of the agression he developed w/o the right support. While at (A), he was traumatized because he was attacked by a classmate. He sometimes does OK at (A) and other times, it's a trigger for him. I'm not sure if this is the building triggering him or a lack of support or possibly his classmate that's the trigger. My feeling is this really needs to be figured out so that 'his needs' can be addressed. You can't address a need if you haven't pinpointed what that need is. You seem to want to avoid (A) because of the director there and you feel it will not be a place where your child is supported. You also say they don't seem to have academic rigor if he's taking 2 hour naps. I'm also reading that the school wants to use old evals to base placement where you feel present levels changed since then. My gut says he needs a new school eval to figure out what's going on. He's on meds (that keep changing). His antecedent to being aggressive is unknown. Until you and the school are on the same page with his present levels, needs, triggers and what's going to help him, you are going to go in circles. Keep in mind that schools only 'consider' (not follow) outside evals - the one from Nystrom and Associates is an outside eval. Have you shared this eval with the school? A doctor's note is also treated like an outside eval. If they offer to redo evals - sign permission for that. If he's not getting homebound services, I would think they would set him up with virtual, online classes so he can get an education.

You could try asking for a meeting and agreeing to excuse all the required team members who, by contract, are off for the summer. But I don't know who that would leave you with or if the school would even agree to a meeting under those circumstances. You might also try asking for an informal meeting with the director of special education IF s/he is contracted year-round and IF s/he would agree to it.

Are you inferring retaliation? Ask for the policy/standards for determining academic achievement awards. (It's hard to say just knowing the GPA and percentile ranking, as I'm sure every school has different standards and there are all different types of "achievement awards.") If your son meets any of those and didn't receive an award, there's your grounds for retaliation.

They can restrain her. Students who are a danger to self or others can be restrained. If she's hitting her head or smashing her fingers, she is a danger to herself. The person restraining her would need to be trained on how to properly restrain because people can get hurt if it's done wrong. Redirection should be what's tried 1st but you don't stand by and watch a child hurt themself. Restraint should be the last resort. It is possible that they don't have trained personnel. If they are not trained, they legally cannot restrain. Pretty sure this falls under child neglect if they are not intervening and allowing your child to get hurt. You might want to call the CPS people in your state and ask them what's legal.

I love all of this I’m actually a member in Dr. Mona’s monthly membership group. I also wanted to share an app a lot of people are not aware of it’s free and it’s to help with Ross Greene’s work I always forget the name iOS: https://apps.apple.com/us/app/lens-changer-new/id1569130814 Android: https://play.google.com/store/apps/details?id=com.livesinthebalance.lenschangers

Hi, virtual school teacher here with thoughts. You said it was a charter, so if you're in the US that automatically means public. You said she was just diagnosed. Was this diagnosis shared with the IEP team? If you have any interest in staying with this school, this could help with new accommodations to help her with lesson completion. The way she's been completing lessons sounds reasonable at least to me. If that method keeps her on track and doesn't affect the integrity of learning and practicing the material, I don't see what the big deal is. That very way may be great accommodation for her. That all said... A huge majority of accommodations in virtual school tend to fall on the parent and virtual school requires a lot of independent determination from the student and family. In my state, any public school including charters has the right to deny entry to an expelled student for up to a year, so if it comes down to it, yeah, you're best to withdraw on your own.

Hi. This website may be helpful as well as this Tech Wheel https://www.callscotland.org.uk/information/dyslexia/reading/ and this is the Ipad Apps for Learners with Dyslexia Reading/Writing difficulties (free download) https://www.callscotland.org.uk/downloads/posters-and-leaflets/ipad-apps-for-learners-with-dyslexia/

The first thing that popped into my head was stuff like tests/worksheets with individual questions to be read. I'd look into a separate testing room for those as not to disturb others.

His civil rights are being violated given he is not being accommodated. In addition, IDEA is being violated given the IEP isn't being followed. You might want to file a state complaint if going up the chain of command hasn't helped. In college, they take these things seriously. Schools lose funding when they don't accommodate at the college level so there is no need to 'prepare for a world w/o accommodations'. There is scan to text software. Once it's text, there is text to talk software. If he is going to be using this at school, it should be written into the IEP so it's not viewed as cheating. Do verify that the IEP doesn't say 'when student requests'. It shouldn't. He needs this for every lecture & assignment. In college, they pay a classmate for their notes so this is an accommodation for the future too. (My daughter's friend got paid for making a copy of his notes and providing them to the disability office to forward to a classmate.)

An FBA will look at what can be seen. If there is something else going on that can't be seen (my guess is the frustration because of the discrepancy between giftedness + dysgraphia w/o proper technology to accommodate), the FBA isn't going to be all that helpful. Ross Greene's CPS works well with PDA. It can take a while to learn which is a drawback.

Hello! This is my area of expertise! I have lots of ideas, but wanted to respond now to let you know you'll be hearing back from me. I need some time to pull some things together for you. In the meantime, can you let me know what state you are in? Thank you, Carolyn Rowlett