Jenna

I don't think it hurts to ask for another comprehensive eval in all areas of suspected disability. See https://adayinourshoes.com/sample-letter-requesting-iep-evaluation/ for some sample letters. If they deny that request, then you can decide whether you want to request an IEE. Remember that if you disagree with their eval and request an IEE, they could refuse and file for due process to defend their eval. Or, they could grant the requested IEE. Once you get the IEE though, all they have to do is "consider" it. Has her neuropsychologist done any evals recently by chance? If so, it'd be up to you whether you want to share that report with the district.

When did the school last do an eval in all areas of suspected disability? If it's been a while, perhaps they'd be willing to do new evals.

Start here: https://adayinourshoes.com/sample-letter-requesting-iep-evaluation/. If you want your daughter evaluated for special education, send a letter/email requesting an evaluation for special education services. Whether you choose to share the information from the private evaluation with the school is up to you. Definitely check out all the info at the above link before writing the school, and let us know if you have any further questions.

I'd recommend asking for a short IEP team meeting addressing this concern so you can talk with all the teachers, explain your concerns, hear theirs, and see what could be done. If not all those teachers would be required to attend the IEP meeting, maybe ask to speak with each teacher individually so you can better understand their position, and see how you could create something that would work for all the staff and your child. If the staff and you can come to an agreement without an IEP meeting, you could always do a no-meet IEP amendment.

Have you spoken w/ the sped supervisor? Explain that you reached out to the teacher and were told nothing could be done, but your child is now struggling behaviorally at school due to the other children's behavior. You could request an IEP meeting to discuss this, and get the district's response in PWN.

I'm in Ohio and would like to echo the above- Ohio focuses almost entirely on regression without adequate recoupment within a reasonable time.

I think it depends on the area. Lisa has info on parent observations in schools at https://adayinourshoes.com/can-parents-observe-classroom-iep/. Since it's a professional you've requested to observe and the district denied the request citing privacy and confidentiality laws, you can always ask them to show you the specific sections of the law that don't allow the private BCBA to observe.

In my state, if a parent/legal guardian submits a request for the local public school district to evaluate a child for special education (an IEP), the school must respond to that request in writing within 30 days, and if they choose to not evaluate the child, they have to state why they are refusing the evaluation. Check your state's regs to be sure of its timelines (see https://adayinourshoes.com/idea-individuals-with-disabilities-education-act/).

Sorry I can't open the attachment, but Lisa has a post on parent concerns letters, including samples and many helpful tips at https://adayinourshoes.com/parent-concerns-on-the-iep-parent-letter-of-attachment/. Is there an IEP meeting already scheduled, or did you request an IEP meeting in the letter? Be sure to include data from private providers, preschool, community activities, etc. to support your requests. Good luck.

The public school district is required to consider the least restrictive environment for each child. Is the school the district has placed him in an out of district placement, or a different building within the same "home" public school system? What is the district's reasoning for placing him in a different school? What supports/services does he receive in the other building? Are they available at the home public school building?

Does your public district offer only AM or PM kindergarten instead of full day programs? Would she be doing PreK in the am & K in the pm? Would she receive a rest period, if you feel she needs that? Has she been doing PreK all day? What did the district say was their reason for choosing an out of district placement? IDEA requires that the team consider the least restrictive environment for each child. An out of district placement is a restrictive environment. What supports did or does she need that the district couldn't provide? Does she still need those supports? Does the district have the proper supports available in kindergarten?

In my state, schools get different funding from the state Dept. of Education based on the eligibility category. Here, schools get the most funding for autism/traumatic brain injury. I agree with @Carolyn Rowlett. Why is the district proposing the ED category? What's the district's interest in pursuing that instead of ASD?

Did the school threaten you with a consequence for not signing their draft IEP? If so, what was/is the consequence? What state are you in? Does your state require parent agreement of the IEP? My state only requires parent permission to evaluate & on the initial IEP. RIEPs do not require parent agreement/permission; the parent just has to be invited to attend IEP meetings. As to all the administrators attending your IEP meetings, as others have said, the people who attend the IEP meetings are supposed to have knowledge of the child, but, the school can even invite their superintendent if they want. Parents have no control over who on the school side attends an IEP meeting in my state anyway.

Schools don't want to have to replace broken personal iPads, however, like was asked above- how have they been ensuring that your child has access to the educational curriculum since your child began school? Did they complete an AT eval initially? I agree w/ Angela and I'd have a conversation with the teacher/support staff and let them know that this is what your child needs; you've provided it; and you'd appreciate them using it in the classroom. I've seen too many children go years without access to appropriate AT. If your child knows how to use the app, let the teachers know that and share success you've seen at home. If you have any friends in the tech office at your district, see if they can help you expedite their review. Another idea is be to reach out to the district's sped director and let them know that you've purchased this, your child needs this based on (whatever private evals/progress data/etc. you have), and that you'd appreciate their help doing anything they can to expedite the process. Sure, the process can take a long time, but if people want to help, things can sometimes happen quickly. You're simply asking for your child to be able to access their educational environment.

Have you talked with the school's OT? The school evals are supposed to cover all areas of concern, however, the school doesn't have to agree to recommendations in private evals. If I understand correctly, you've already paid for an independent eval and submitted that report to the district, correct? If so, they are supposed to "consider" the private report.

Not a lawyer, but I suspect the reason they sometimes want to charge a fee is to cover the cost of paper and ink. Ask the school if you can just take pics on your phone.

I'm not in PA, but it's on the school to complete evaluations within their required timeframe. Have you already consented to the evals? Has the school done evals, had a meeting with you to discuss eval results, and are they now creating the IEP? There's a section in the IEP for parent input/concerns. The special education teacher/coordinator/supervisor leading the process for you should be able to explain timelines, but you can always check you state Dept. of Ed. website to confirm the timelines you are told are accurate. Let them know that you need more than a day to submit parent input. Also see Lisa's post at https://adayinourshoes.com/parent-concerns-on-the-iep-parent-letter-of-attachment/ for writing impactful parent input letters.

My state doesn't have a set requirement for when a PWN must be issued after an IEP meeting. It's just a within a reasonable time. You may check your state's regs, and if there is a time requirement that has passed in your case, you could file a state complaint. If they issue a PWN that's incomplete, respond right away letting them know all the things that weren't included in the PWN and ask them to send you an updated PWN.

Lisa has an article outlining how the sped system is stacked against parents. It stinks. Is there any way in your area to get your child help outside of school? Perhaps a nonprofit would have a reading program? Would hiring private tutors be a possibility? Keep advocating, attending meetings, requesting PWNs & such, but, it seems your district is unwilling to help your child. If there's any way to get help outside of school, I'd explore those options.

Do you mean that the school answered "no" to the question on the IEP form asking whether the child has behaviors interfering with their or other students' learning, but you feel the team should have marked "yes?" If a child has behaviors that impede their, or other students' access, to the educational environment, there should be goals working to address those behaviors. If the school said "no" to this question, but you feel the answer should be "yes," provide the team with a list of data to support why you feel the answer should be "yes" and request that they update the IEP. The data could include notes sent to you from school staff; emails regarding behavior at school; notes you've taken on any phone calls you've received from the school for behaviors, etc.

Does the pediatrician, psychiatrist and behavioral therapist all know how severe the behaviors are lately? Ask them how they can help your family. Does your family receive any support from the Dept. of Developmental Disabilities in your area? Sometimes DD and/or Medicaid programs can offer some respite. Some support groups are online, and some meet in person. Your local board of DD should be able to direct you to caregiver support groups in your area that would be relevant to your family. With online support groups, most list info about the group on their page before you request to join. With all the calls you're receiving from the school, do you feel your child is in an appropriate placement to meet her needs? One option is to request an IEP meeting and discuss all the times they're calling you and the challenges at school, and ask them how they can support your child's needs so she can be successful and access her education? Do you feel that she has been evaluated in ALL areas of concern (social emotional, behavioral, speech, OT/sensory, adaptive skills, etc)? If not, ask the school to evaluate those areas ASAP if they haven't already. If they did evaluate those areas and you disagree with evals, you can request an IEE (https://adayinourshoes.com/iee-independent-education-evaluation/) for each eval you disagree with.

Lisa has a post on when an IEP should be ended at https://adayinourshoes.com/stop-end-the-iep/. Did they evaluate ALL areas of concern (including social emotional and behavioral skills)? Do you agree with their evaluation(s)? What does their data say compared to private data/evals? If you don't agree with the district's evaluations, one option is to request an IEE for each area in which you disagree with the district. See https://adayinourshoes.com/iee-independent-education-evaluation/ for info on IEEs. With there being fewer protections for children on 504s and it seems your district wants your child on a 504 rather than an IEP, I'm wondering if the district completed an FBA each time he was suspended? Does your child have a BIP? If you haven't already, review https://adayinourshoes.com/manifestation-determination-hearing/ as Lisa recommends requesting a manifestation hearing after each suspension. Has your child been in trouble this semester?

It looks like the first paragraph under the "Reevaluation Process" section near the beginning of the document you linked, states that the IEP team reviews existing data - "including the parent and a school psychologist...This review does not require permission from the parent nor is a meeting required. (“The group may conduct its review without a meeting.” §300.305 (b)). However, the parent must be included in the review." Did you & the psychologist determine that any additional data is needed? P.3 of the document you linked addresses PA's deadlines for the RR and development of the new IEP. The IDEA lists required participants on an IEP team at https://sites.ed.gov/idea/regs/b/d/300.321. Hope this helps.

As Carolyn mentioned, if you could please provide more details on the current school setting and the setting you intend for next year, that would be helpful. Is your child attending a school primarily for those with developmental disabilities under a scholarship program- and therefore was placed there at parent choice waiving FAPE? Or, did your local public school place your child in this program on an out-of-district placement at public expense- where FAPE would still be required? Will your child be in PreK again next year, or in Kindergarten? Are there typical peer models in some of the PreK and/or Kindergarten classrooms at the school?

Lisa has links to all 50 states' Dept. of Ed websites and direct links to sections on their sites. See https://adayinourshoes.com/idea-individuals-with-disabilities-education-act/. Hope this is helpful.