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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.)

And my reply: Nope, you are not overreacting. In fact, you’re spot on—and thank you for caring enough to ask this. You're right to be cautious. That 15-business-day waiting period was put into place for a reason: to protect parents and give them time to understand, reflect on, and dispute any proposed IEP changes—especially if those changes are significant, like moving a child from general ed to a self-contained setting. Let’s break this down: 1. Waiving the Waiting Period Is Optional The law in Louisiana (Act 696, passed in 2023) says that a parent may waive the 15-business-day delay in writing—but they don’t have to. The default is that the IEP does not go into effect until the 16th business day after the parent signs the PWN, unless they explicitly choose to waive it. ✔ So when you see a culture shift where waiving it is treated as “standard” or “best practice,” that’s… not great. It’s not illegal, but it undermines the original intent of the law—to give families breathing room. 2. Big Changes = Big Red Flags You're right that the waiting period is especially important when: The student is being moved to a more restrictive setting (like from gen ed to SSCD). There are major behavioral or placement changes being made. The parents seem unsure, confused, or overwhelmed. In those cases, encouraging a parent to waive that protection could cross the line into manipulation—or at the very least, create a situation where parents don't know they’re giving up something important. 3. It’s Not Overreacting—It’s Ethical Advocacy Teachers like you—who recognize nuance and equity—are exactly what our students need. Saying, “Hey, I know we usually do this, but in this situation, I’d encourage the family to hold off and think it over,” is not overstepping. That’s doing right by the student. And yes, in a situation like the one you described—where a student with behavior needs was placed in a self-contained setting without parent pushback or a true attempt at supports in gen ed—that’s a clear scenario where you’d absolutely want to preserve that waiting period. If you're getting pressure from admin or colleagues, you might consider: Referring families to Louisiana’s PTI (Families Helping Families); while they still exist anyway; or you can refer them here Offering neutral language like: “You do have the option to waive the waiting period, but it’s completely your choice, and it’s there to give you time to ask questions or get clarification.” Keeping documentation of cases where you believe the waiver might not be in the best interest of the student. Bottom line: You’re not overreacting—you’re being exactly the thoughtful, equity-focused educator your students need. Keep doing what you're doing.

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/

In this situation, I'd write to the case manager/special ed teacher: Hi- I was looking at the IEP and it says the 1st progress report won't be done until June. I feel it's too long to go without knowing how the IEP is helping. Is it possible to get an update on progress in early April so we can see if the IEP is helping or if it might need to be tweaked? I'm concerned with getting this in June and then school is out for summer and not being able to meet to tweak the IEP until several weeks into the next school year. A parent/teacher conference to look at progress in early April would also be a substitute for this where I can discuss XX's progress with you. Please let me know which works better for you.

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.

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

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...

My biggest win I would say in one sense it would be me filing a state complaint and the decision going to me but honestly by the time I actually filed the complaint I was questioning myself and my own understanding of simple English so much that the thing I wanted more than anything was for the director just to admit that my understanding of the law was actually correct and the information she gave me was not accurate. I would have rather have a simple “I’m sorry” more than anything

I think the parent training on some time-keeping skills is the best way to go. It sounds like the team is doing the other pre-reminders and reminders already.

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 really can't put a "cap" on the number of accommodations needed because it totally depends on the child's needs - you could have a child with multiple disabilities who needs multiple accommodations. You base the number on what is needed - not on whether or not it is difficult to implement. However, you make a very good point about a teacher's ability to implement multiple accommodations (25 is quite a large number). Without knowing all the facts it's difficult to say whether a collaborative classroom is best. I would start by pointing out the impossibility of a teacher to stay on top of all these accommodations and ask for push in minutes from a special education teacher or an aide for the classroom - both of which can assist with the accommodations. If that doesn't work, then a more restrictive environment might be an appropriate discussion.

I'm guessing you've used all of them, but here are the "arguments" you could use with the custodial parent: 1) Ask why (what data) she has that the general ed material is "too hard?" Has the child verbalized this? Are grades falling? Does she struggle doing homework with her? 2) Explain that is wouldn't be fair to the younger child to stay on the same track as the older child if the younger child is more capable - could lead to resentment later on. 3) Is the grandmother able and willing to engaged the younger child in social activities that help with the socialization of home-schooled children? Or will social skills and interaction suffer? 4) Would she be willing to try the gen ed setting for a while with supports to see how the child does before pulling him/her to home-schooling? Gather more data? Speak with the child after each school day for indications of struggles? Check in with the gen ed teacher? I don't know much about home-schooling, but I would guess if the grandmother uses a state-approved program there would be no educational neglect.

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!

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.

CSE seems to be a NY thing. I (and Google) didn't see this associated with any other state. I'm not familiar with what the position entails. To answer your question. If I was looking to evaluate a student and knowing that IDEA is looking for students to be assessed in all areas of suspected disability, I'd look at the school records & put on my detective hat. If I saw low math grades, I'd suspect a math disability. If I saw many referrals for behavior, I'd suspect a behavior disability. This would be the guide to use for whomever was coming up with the disabilities I'd suspect in a student and the direction for a triennial evaluation to head in. I'm not sure if this is normal or not but it is not a conflict of interest to review records in order to plan what's needed to go forward. Also, in very small school districts you'll find that one admin will wear many hats.

I have never encountered a Committee for Special Education (I assume that's what CSE stands for?). But I don't see how there is a conflict of interest problem. When doing the evaluation, she must abide by the standards of her school phycologist role. Are you thinking the committee will have ulterior motives in terms of placement or other things that would create a conflict of interest? Unfortunately, I don't think you can assume that right off the bat and will have wait until you have some type of proof that her dual role is biasing her evaluation.

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.

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/

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,

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.

I'm not in NYC and my district put into their school board policy around the same time they started giving all students in grades 7-12 a laptop that all teachers will post all assignments online. Checking the assignment book was a thing with my oldest but it wasn't needed with her younger brother with the change in policy. They even made assignment books optional for all students when they made this change. If K-12 is getting students ready for college, I'd say that 99.99% of colleges have their assignments posted online. My other thought is: are teachers posting the assignments on the portal when they are assigned? If they are, you & your child could be checking the portal to see the assignments. Pretty sure our portal said if the assignment was an in-class assignment or a homework assignment. This could also be an IEP accommodation: Teachers will post all assignments on the school portal when assigned or they much check student's assignment book that all assignments are written in the book. Like Carolyn said: teachers need to follow the IEP. If they are supposed to check the assignment book & it's not happening, they are out of compliance with the IEP. The solution is to go up the chain of command or file a state complaint. You can also do both & file a complaint if talking to the school isn't working.

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?

I think there was one IEP meeting where the school saw our perspective. My child was in a job exploration program and many of the community partners are retail stores and food service. When you have a child whose transition goal is college and a job in an office, these types of jobs don't align too well with that goal. I think that clicked at this meeting. We were offered a job shadow opportunity in the school's IT department. This was pivotal in my child's life. Prior to this, they wanted to go into graphic design. This position changed their focus and they went to school/got a degree in IT. Funny story. One assignment was to transfer videos on a disk, label them and store them for future use. They couldn't get it to work. My child figured out that the accessory holding the disk needed to be turned on where the people training them couldn't figure this out.

IMO, he needs to sign over educational guardianship to you. I do know he'll need to be 18 & an adult to sign this sort of paperwork. (You can't do it ahead of time but you can have the paperwork ready for his signature on his birthday.) A FERPA waiver might also be expected by the school. Many special ed attorneys offer a free 15 minute consult but they will likely want to set up the paperwork for this if you contact them. (I'm in PA & the age of majority for IEPs seems to be 21 here so I didn't have to deal with this.) Not sure if you can find a free template for this online. How do you know this will be his last year? He can stay in school until 21. What are his post HS graduation plans? Will he need a current evaluation to get accommodations where he plans to be post-graduation? If yes, ask the school to do an eval during the 2024-25 school year so you don't need to pay for one. Also, every child should be providing their parent with POA when they turn 18. Disability/incapacitation can happen in an instant. I remember a lawyer with 2 children had a POA set up for his disabled adult child. It was his typical adult child who ended up hospitalized from a skiing accident & he couldn't get any info from the hospital.

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!

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.

Hello. Compensatory services are very complicated, but I will attempt to answer each of your questions below: 1. Although you should check with your state department of education, generally, compensatory services do not have to be provided on a 1:1 basis. It depends on how much progress (or lack of progress) the child made after being denied the required services. To determine this, you may need to request an IEE to show that the child could have made more progress had the required services been given. The goal is to get the child to the point they would have been had the services been provided, but this does not necessarily mean that make-up services have to be 1:1. 2. ESY and compensatory services are two distinct services based on two distinct determinations and cannot be provided concurrently. 3. Who can be a "Reading Specialist" is likely defined by requirements set forth by your state department of education. A general education teacher may very well meet the definition depending on his/her training in early intervention reading, etc., or whatever the state requires. But if the IEP states "Reading Specialist," it has to be someone that meets this definition. I do not think a PWN would be appropriate to deny something already written into an IEP. An amendment would be the correct route, but I would fight that. 4. If they are not using Wilson and that is written into the IEP, they are in violation. I'm surprised they stated a specific methodology if they can't/won't use it. The problem you might encounter, however, if you tried to enforce this by way of a state complaint or due process is that the state or hearing officer would be sympathetic to the school district if they could show the methodology they are using is comparable to Wilson. Again, they should amend the IEP if they are not going to follow it. A PWN does not give a school district a pass on implementing what's already written into an IEP.

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.

Given that the school can change a 504 w/o parent input, they can write the whole 504 however they wish. Predetermination doesn't apply with 504s.

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. 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/

I really don't have an answer for you. Just wanted to say my son had similar issues. His diagnosis is ADHD/dysgraphia. He never wanted to use the accommodations in his IEP. He saw himself as typical and saw the accommodations as cheating. He also didn't want his classmates to view him as different/disabled. I think he was afraid this could end up with him being teased/bullied/shunned. When he got closer to graduation and could see himself living a life after graduation, this is when he started to realize he needed to do better so he could graduate with his class. He graduated in 2022. I can see your child using their accommodations if they had peer models that had similar accommodations. He'd have this is he was attending a school where everyone had dyslexia...or a summer camp where they bring dyslexics together. At 15, he's not seeing the importance of being able to write well.

I didn't want your question to go unanswered but I'm not sure of the right answer. I do know that teachers/staff rarely lose their job over an IEP complaint. Teacher/staff training tends to be what happens. The resolution should attempt to make it like the issue didn't happen. Back services also tends to be a resolution. I had filed a complaint when my child was being evaluated for an IEP. I dropped off my signed permission to evaluate. (It was actually the school that initiated evaluating my child.) Around 60 days later I was back at the school for something and popped in to check on how the eval was coming along. The AP opened the desk drawer and the paperwork was still there. I later found out that the psychologist assigned to this middle school was sick. She eventually passed away - I'm pretty sure she had cancer. The HS psychologist should have been given the paperwork to do the eval. I'm not sure why that didn't happen. The Assistant Principal should have known better than to do what she did. She still works for the district - I think she's an AP in one of the HSs. I'm hoping she got chewed out for doing this and never does this to another student.

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.

I would not want the category of ED on my child's IEP (even if not primary), unless the child truly does have an emotional disturbance. There is a big difference between seeing "ED" on an IEP and writing off behavior as something that is inherent in the child and instead working to address the issues that are causing the behavior (failure on the part of his team to understand him/relate to him, frustrations with dyslexia/dysgraphia and lack of instruction/support, etc.). ED may give the IEP team and his gen ed teachers an excuse not to address the behavior properly. Request an IEE. When the results come back and an eligibility meeting is scheduled, make sure you have read and understand your state's criteria for ED and use the specific criteria and the results of the IEE to strenuously argue that he does not fall under that category.

Perhaps you need to request a Functional Behavioral Analysis and then a Behavioral Intervention Plan? So that the underlying causes/triggers of his behavior can be fleshed out, a plan can be put in place to address the behavior, and teachers can receive training to implement the plan. Instead of just sticking the label of ED on him to explain the changes in his behavior.

The way I see this (because I've seen this with other students), his ED is coming from the CPTSD he experienced due to the IEP team not understanding ASD (and his other diagnoses) & not being able to meet his needs. Unfortunately, you do not have the credentials to dispute their diagnosis. In your shoes, I would disagree with the eval and request an IEE at school expense. IMO, he needs a team that better understands ASD & can better meet his needs. You can ask for teacher training in ASD if you feel this is what's going on. You can start by writing a parent concerns letter stating that the appearance of ED is due to the school team not understanding him & how ASD affects him. Without the support like he had in 6th grade when the team did a better job meeting his needs, the lack of support is coming out as behavior which looks like ED. Is the school also saying that he no longer has ASD? The way ASD is defined includes this: "Autism does not apply if the child's educational performance is adversely affected primarily because the child has an EMOTIONAL DISTURBANCE." If they remove the ASD diagnosis, then he won't get the support he needs at school for the ASD issues.

Start by asking the school if the student should have a consequence when they fail to meet an IEP goal. Ex: If a student had to learn times tables and get 80% in 4 out of 5 trials, ask what should happen if they only get 80% in 3 out of 5 trials. Or if a reading goal was 75 CWM, what if they only do 71? In these cases, the consequence is nothing. (I'm in PA and they only allow for positive behavior support so you'd never see a consequence.) If your child has a goal of promptly transitioning, what should be the consequence if they fail at this goal? Ask them to write 'no consequence/no unexcused tardies when delayed transitioning results in being late for class' in the IEP. This goal should be treated like oner IEP goals where there are no consequences if the goal isn't met. I'd also look at what specially designed instruction the school is providing (prompts are accommodations - not SDI) with teaching your child how to promptly transition to a non-preferred activity. You might also need to change up the SDI if the current instruction isn't working.

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