Lisa Lightner

I'm confused as to the timelines you have listed. Using either 3/14 or 3/16, barely a week has passed. Each state has their own set of timelines. A state can do more than what IEP calls for (in favor of the student) but it cannot do less. In most cases, IDEA does not even define timelines but uses vague language like "reasonable." Most would find 5-7 days still reasonable.

Read this and listen to the attorney podcast episode (embedded) about unilateral placement. It's an extreme measure, but sometimes desperate times call for desperate measures. Esp if you have data on your side. https://adayinourshoes.com/iep-unilateral-placement/

This should help--but read the whole thing, esp the part about a FERPA request may be considered a hostile act. https://adayinourshoes.com/ferpa-regulations/

Yes, my overarching philosophy is that "if you're doing it, put it in the IEP." The IEP is the only way we can hold the team accountable to things actually happening. If it doesn't happen, a "but you said in the meeting you would do this" 6 or 8 months later....is meaningless. I either write on the PWN and send it back, or otherwise communicate that I expect to see this on the IEP or PWN.

Hospital and homebound are the most restrictive environments. But, some kids need that. If the student has major behaviors at home, I am assuming that in a public school setting with noise, commotion, transitions and distractions...it would likely be worse? Or that is the parents' concern? An out of district placement in a small setting, yes, that is an option. The IEP teams (or LEA) can come to the table at any time and change their offer of FAPE, which may or may not include a placement change. I would advise that the parents take a step back, take a look at their child, and envision a setting in which the child can be successful. What does that look like? And then begin their advocacy efforts to steer toward an IEP that provides that.

To piggy back on what Carolyn said, the school is required to evaluate in all areas of suspected disability. Sounds like that did not happen. https://adayinourshoes.com/iep-timeline-how-long-does-the-school-have-to/ https://adayinourshoes.com/iee-independent-education-evaluation/ You can also read up on OCR complaints for not following a 504 plan. https://adayinourshoes.com/office-civil-rights-complaint-special-education/

So, there's a lot going on here. First, I can only reply based on what you've posted--so I don't know what you have in you, as far as mental energy to fight this. I know that many of us, in addition to raising children with significant disabilities, have other challenges at work, with our aging parents and so on. But--here are your options and some stuff to read. 1. Sounds like your FBA was just complete garbage. You gave the school a chance to get it right, and they didn't, so you may want to consider an IEE. https://adayinourshoes.com/school-fba-behavior-plan/ https://adayinourshoes.com/iee-independent-education-evaluation/ 2. No, you do not need to wait until the ARD or annual review date for evaluations. A parent can request evaluations or changes to an IEP at any time. If they refuse you your request, they are required to provide you with a PWN. https://adayinourshoes.com/iep-prior-written-notice-pwn/ 3. Homeschooling is always an option. Weigh all the pros and cons. https://adayinourshoes.com/pros-cons-homeschooling-iep/ https://adayinourshoes.com/best-homeschool-curriculums-for-adhd-and-autism/

First, have all of the points made in this article been addressed? The Many Flaws of School FBAs and Behavior Plans That's at least your starting point. My guess is no, since he just got an IEP two weeks ago.

Here you go-- Select Choosing IEP Goals: Who Gets to Decide? Choosing IEP Goals: Who Gets to Decide?

I'm glad you asked--I love when parents are this engaged so early on. Here you go, I have a whole list of ideas, plus a webinar video is in that link: https://adayinourshoes.com/iep-kindergarten-transition/

What does he need? The IU has a lot of programs.

Ask them to show you where it says this in KS state regs.

You're right, there's not. All we can do is continue to use the tools available to us--like writing on the PWN, putting it under parent concerns, covering our tracks by taking photos and taking notes and dating things when we do them. At some point, yes, many families come to an impasse with their teams. You're going to have to decide how far you want to push this via complaint options, dispute resolution etc.

Print it, add it, sign it...and return. There is nothing in IDEA that permits them to only accept digital items.

Simple--ask them to show you where it says that in the state regs, because you cannot locate it. (I bet they can't find it either!)

Ask them to show you where the cap is listed, in state regs or IDEA.

Write on the PWN. I write on them all the time.

I would look up school avoidance or school refusal and see what the current best practices are.

You can always put the onus or burden of proof on them. Ask them, "Hey, I've looked for this information online and cannot find it. Can you show me where it says that a para cannot do this?"

Can they? Yes. Should they? Well......... Grades are subjective, not objective. I'd call for a meeting to discuss what will support your child for success.

There's also a thing called a speech only IEP. That may be appropriate. But Carolyn's answer is correct.

She addresses that specifically in the video.

Our learning and knowledge is always changing. A few months ago I did an interview with an EF expert. Bottom line--the BRIEF is garbage. Most of what we know (or knew) about EF, and what schools are doing...is garbage. Please find the time to watch this video. Implementing what she suggests is an uphill battle for sure. But why keep doing "what we've always done" just because "that's what we've always done" if it's not working? https://adayinourshoes.com/executive-functioning/

Your signature is not required to implement a 504 plan, I think. THere are also NO prerequisites like what you said--there is nothing in section 504 that says a student must self advocate in order to receive accommodations.

It's an uphill battle, but not impossible. My son receives 1:1 instruction all day, every day. This is not in his IEP, but he is in an out-of-district placement, and those are their ratios.