JSD24

I remember being in a meeting with my special ed director. She said that the school is obligated to meet the needs of students - it's really another way of saying they need to provide FAPE. Doesn't matter if what the student needs currently exists or not. They need to meet his neets. If it is appropriate for him to take Regents Chemistry as a co-taught class, they need to provide it. I'm not from NY so I'm not exactly sure what a Regents Chemistry does versus the non-Regents version of the class. I did find this with doing a search of case law in NY: https://scholar.google.com/scholar_case?case=3365753441522273465&q=co+taught+regents&hl=en&as_sdt=4,33 If he's denied the class, he's being denied the Regents diploma. If the Regents diploma is FAPE, he need the co-taught Regents class.

You can use medical assistance to see a provider who can evaluate for medical autism - or if she's covered under employer insurance, it can be done with a copay or 2. A full neuropsych eval is nice to have but it's hard to get it covered and expensive if it's not covered. A psychologist with the right training can do the assessment. It might take a handful of phone calls and waiting for a few months to have it done but this is doable. We had BHRS (now IBHS) services for my daughter. They were the ones who evaluated her for autism when we were looking to renew the authorization for services. It was a rating scale that I filled out. And it's a good idea to have a backup plan. What happened with my friend was she signed up for the ID waiver and they had ID supports lined up. Then the school redid the IQ test and he was low but no longer ID. He's also got autism so he'll still be able to get a waiver but the transition program was no longer a good fit. With autism, my big concern tends to be social skills. This is one thing that can hold a person back from being able to hold a job. I'd definitely ask the school to evaluate this if they haven't already.

I remember talking to a person who worked as a school psychologist - she now does IEEs. She remembers a student who was immune-compromised and would have graduated ~15 years ago. What he school did was livestream his classes so he didn't have to get exposed to all the germs at school. Not sure if your district would be willing to do this. Also, there are robots with cameras & speakers that a school can buy which would allow a student to attend classes. This website has info: https://provenrobotics.ai/telepresence-robots-in-education/ This one too: https://www.cnn.com/business/tech/av1-robot-sick-children-school-spc/index.html This is a longer video: https://www.youtube.com/watch?v=AMcsPOvdMbw The embedded video is shorter. (I didn't watch them all the way through. I'm assuming they are 'appropriate'.) If your son is present via a robot, he's present & not absent. This could definitely be an IEP accommodation.

In PA, all disabled children are eligible for Medicaid (also called Medical Assistance). With either an ID or autism diagnosis, there are adults waivers that that they could be eligible for as well. (Good to get on the waitlist in your county now so they can plan for when your child graduates HS & needs the waiver funding.) I'm not sure the medical autism diagnosis is really needed. Providers should be told of the autism diagnosis because you approach a person differently when autism is present in addition to ID. If your child is non-speaking, I'd encourage you to watch the movie Spellers on YouTube. My friend's son was given an ID diagnosis. It was given because there wasn't a good way to assess him because he's got autism and apraxia. The apraxia made his speech & fine motor unreliable. He spells now and is taking college classes. Given what he says via spelling, I feel he should have had a GIEP. He's Vince. His story starts at 46:00: https://www.youtube.com/watch?v=8h1rcLyznK0

I forgot to add that parents are not members of the 504 team so the school gets to put what they want on a 504. With an IEP, parents get a vote. With a 504, they don't.

I'd send an email: Dear School- Accommodations on a 504 should be supported by information on a student's need. When we meet next week, can you please bring the data showing XXX's need to switch from written tests to oral tests so the 504 team can discuss this recent change. I'm suggesting an email so the school is prepared to answer your question and not say 'I'll get back to you on that' at the meeting.

From what I've been told in the trainings I've taken, you are only allowed one FBA per year. This might not apply to you/your state. This is 1000% my guess: Could RSD get the person who did the completed IEE to do an FBA IEE based on the observations they did when they observed for the IEE you will meet about next month? Based on what you posted, I'm thinking this was what the conversation between the evaluator & RSD was about. I think that when an evaluator does a lot of IEEs in a SD, they do develop a relationship of sorts. This is OK. Professionals in the same industry can & do develop working relationships. The evaluator can still be able to be unbiased when they have a working relationship with a district. Yes, they are allowed to talk to each other without parent permission or the parent being present. Evaluators don't just show up & observe. They are going to arrange a time that works for the school and will hopefully be a good time so the behavior they want to see will occur. There are general ed FBAs that a school can do w/o parent permission. With this, a BIP/PBSP can be written for a student who doesn't have an IEP. A 1:1 aide is an accommodation so it is something that can go on a 504. Lastly, I'll ask if the person who did the OT IEE has school OT credentials? Schools listen to school people more than they listen to medical people. A student might medically need OT weekly and not have a need for OT at school. Given the school OT didn't seem to have an interest in what was on the OT IEE report, one reason could be that the person who wrote the report does not have school credentials.

My son has ADHD & dysgraphia. Oral testing was a game changer for him. Given that it took longer for him to write, he did better with being able to voice his answers instead of writing them. If your child is being disruptive during testing, taking tests in another room might be a good thing. If testing orally keeps her focused and prevents her from leaving questions unanswered, it could help bring her grades back up to where they were. I post this a lot: What's in the IEP should be based on data. If there is no data to support the need for classroom tests to be given orally, it shouldn't be an accommodation on her IEP. I don't see this being assessed as part of the special ed testing but it could be part of the observations they are doing. With a medical ADHD diagnosis, I would expect the school to assess executive functioning. Social skills might also be an area to assess.

Special ed assessments - I believe this is the 'oral testing' you are asking about. Every test has a testing protocol. You'd need to know what test is being given to know if oral testing is an option per the protocol. I have a few thoughts on this. (1) ADHD can co-occur with LD. If the student has an LD in reading, the results might not be accurate. (2) Some kids will mess up with filling out Berger Dots - either accidentally or on purpose. Doing the testing orally means there's an adult making sure the student's choices are accurately recorded. (3) Some kids will look to please the adult they're working with. It's possible that a student might not be honest with oral testing (which is why you need to follow the testing protocol). (4) If the evaluator had a bad experience with (1) or (2), they might opt to give the test orally as it's a waste of time and resources to give an assessment and the results aren't accurate. It also makes them look bad. Keep in mind that the student doing the Connors or BASC is one part of the special ed assessment. Parents and teachers will also do rating scales. With other evaluations, the only protocol is the student answering the evaluator's questions. I believe that a lot of IQ tests are like this.

I'm curious if the school evaluated this student for an emotional disability that is secondary to the dyslexia diagnosis. Can they say that an outside therapist is needed if they didn't evaluate? I'd say no. I know that disabled students can live in fear of their disability being discovered where they end up getting teased and/or bullied. It's possible that outside therapy is needed but it's also true that this student might need a safe place and trained person to talk to when feeling anxious. (If this isn't in the IEP, the IEP might not be FAPE.) I've also seen where dyslexic students thrive when in a school that specializes in remediating dyslexia because they are not going to be singled out due to the disability plus they will tend to make better progress because every teacher is either trained to accommodate or trained to remediate (or both). My feeling is that talking to the student and doing your best to figure out where support is lacking is great data to bring to a meeting. Specific examples can go a long way to demonstrate where FAPE isn't being provided to the student as well as how this issue might not be present if all classmates were similarly disabled.

The thing my child had the biggest need for was reminders to use the bathroom as well as the ability to carry a water bottle. What's ironic is, with COVID, the school turned off all the water fountains and EVERYONE started carrying a water bottle. Water bottles were banned by the school many years ago because kids would put things other than water in them and you can't learn if you're drunk. They talk about pendulum swings in education. Makes me think this is going to be one. Extra time on tests was a game-changer too. Anxiety slowed her down. Extra time leveled the field.

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.)

If school personnel feel that a student needs medical clearance to attend school, I believe you can request that the school pay for the exam. In addition, I would want this in writing. After 3 unexcused days, a child is truant and, if the parent feels they should be in school, they could not, in good conscience, write an excuse note for their child so the absence would be exclusion from school on the school's part. In other words, this is a suspension from school for medical reasons. You want it documented so you are not charged with truancy. (Parents needs to save their absence excuses for the days they feel the child needs to stay home.) I'd also ask the nurse for a referral to a pediatric neurologist. It could take months to get in to see a specialist so homebound schooling could need to be set up. In PA, I believe that after 2 weeks of illness, the school needs to provide homebound instruction. I feel the school nurse could say this but, like I pointed out, it needs to be in writing or email because I see a ripple of things that could happen as a result. Did the nurse explain what he/she was seeing where they feel it's neurological and not a side effect of the new medication? Are they aware of the med change? Is the nurse aware that the ER attributed this to the med change? (I've not dealt with this sort of thing before. This is speculation based on my best educated guess. I welcome others to chime in.)

I can also see where the school might need a bit of time to set up the new supports in the IEP. If a student needs a safety harness on the bus or a 1:1 paraprofessional, you want 15 business days to get things put in place. If a parent waives the 15 days, is the school now out of compliance with the IEP because the harness didn't arrive the next day? Are schools allowed to say no - they are unable to start the new IEP immediately given situations like this? If the parent has been trying to put a support in place, I see the waiver as a way to prevent further delays. Seems that things like this end up having pros and cons where it should be used when it's an advantage. My personal thought is to wait 24 hours to have time to think when it comes to things like this.

Students shouldn't be falling behind - it's a red flag. There is saying that ADHD never travels alone. 2 of my children got an ADHD diagnosis & proved this correct. One has ADHD & autism; the other has ADHD & dysgraphia. There are other disabilities that co-occur with ADHD and dyslexia and dyscalculia are 2 of them. His falling behind has me thinking that the school hasn't assessed all areas of suspected disability because, with a 504, it infers that students are being given accommodations and that's all they need to have the same access to their education as their nondisabled classmates. If the school missed something, a student might fall behind but the solution is the school doing additional evaluations. So long as they don't redo an eval that was done within the last 12 months, they can do more evaluations to help figure out why he has accommodations and is still falling behind. I'd request this in writing so you have a paper/email trail. (BTW, all states are required to have standarized testing in grades 3-8 and once in HS. It is part of ESSA and NCLB before that.) Maybe you can explain to him that these tests were put in place to see how well teachers are doing their job and it's a reflection on them - not the students - with how well he does. If your child does end up in a different school next year, there are ways to make that transition easier. This includes having him tour the school - maybe more than once. Introducing him to his future classmates and teachers. With being more familiar, it should help make the transition smoother. This could be an accommodation that's added to his current 504. And while you're at this meeting, you could ask for an accommodation that he stay in his current school because 504 & IEP teams can override school policy. (Just be aware that staying might mean the you need to provide transportation. My school has allowed this provided the parents get their child to/from school.)

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.

My suggestion is to enroll her back into the brick & mortar HS and at this same time explain that she currently attends a cyber HS and completes her work in 2-3 days. With moving to a 5 day per week school, you feel she will need, AT MINIMUM, a 504 and possibly an IEP. (The difference is that 504s provide accommodations. An IEP does too but adds specially designed instruction which I'm not sure is needed.) If she's successful in her current school, I can see them saying no to an eval. My other thought is to keep her in the same school but see if she's eligible to do extracurriculars at her local HS. I'm in PA & this is allowed. Not sure where you live so you might need to research this in your state. She's be able to do sports or the school play here. My state also has an option where homeschool students (this would not be for a student going to an online public school) can spend up to 1/4 of the school day taking classes in the local school. Not sure if other states have this option. In my area, most of the brick & mortar public schools also have a cyber school. The one in my district doesn't offer all the classes you need to get a diploma via the cyber school. This might be a good situation given her medical issues. She'd have some classes that are cyber and some classes that are in the school building. Transportation during the day would be on the family in this situation. I know you asked about an IEP for her but I wanted you do be aware that there are options that are outside of IEP & 504 for students like your child.

Not a myth but the worst parent request. I saw a post the other day that went: I think my child has dyslexia. What screener should I ask the school to do? My reply was (1) You don't want a screener. They aren't accurate. If you suspect a disability, ask for a special ed evaluation. (2) You want the school psychologist to do evals (or screeners) that they have been trained to do. If you request they do a test they aren't familiar with, the results may not be accurate. Better to ask what tests they plan to do and then do a search on what the evals cover. If it doesn't cover what you want assessed, more testing can be done. The big myth I see is that school psychologists can assess for dyslexia. Their practice act doesn't allow them to diagnose. The best they can do is determine if a student has a learning disability in reading. A person who doesn't follow their practice act, can lose their credentials and no credentials means no job and they aren't going to risk their job. The problem here is you want a program that remediates dyslexia if that's what your child is dealing with . A student identified with LD in reading might not get that. There aren't enough teachers who are trained to deal with dyslexia. How to do this tends to be taught in a masters program and most special ed teachers won't have a masters degree. I guess this is another myth: All special ed teachers can remediate dyslexia. The corollary myth is: Reading specialists can remediate dyslexia. These teachers are not trained to remediate disabilities - they are general ed teachers.

My kids graduated in 2022 but I remember getting a FERPA notice annually when I updated info on the parent portal. This was electronic. I also was given procedural safeguards at the IEP meeting. (I refused them. I can look it up online if needed.) Not sure about getting PPRA and Rehab Act or the OPT notices. A few years ago, PDE changed mandated school age. You need to be 18 to quit & take your GED. I think there is a loophole where you can quit if you have a job. This: Section 1330 of the Pennsylvania Public School Code states that a 16 year old student "who is regularly engaged in any useful and lawful employment or service during the time the public schools are in session, and who holds an employment certificate issued according to the law" is exempt from compulsory attendance. There is no specific number of hours given in Section 1330. Therefore, each school district should have a policy that specifies how many hours of employment are necessary in order for a student to withdraw at age sixteen (16). From: https://www.pa.gov/agencies/education/programs-and-services/schools/school-services/child-labor-law.html#accordion-0e098facc6-item-a27ab6a14c Pretty sure charter & reg public schools have the same rules on this. I'm more familiar with reg public school - that's where my kids went - this is what I'm referencing. Homeschooling is also an option. I'm not understanding your question about IUs. Kids that go there, their IEPs are written by their SD. IUs don't get progress monitored by PDE. The IEPs would be looked at via monitoring of the public school/charter school. Always good to communicate in writing/email so there is a paper trail of what was asked for when. This would include FERPA records requests. Schools do regularly destroy records. My district has a records retention policy. They might not have what you're asking for.

The school is right. The rules are for initial testing. I'm in PA & once a parent signs a PTR (permission to reevaluate) it's the same timeline as an initial PTE. Definitely a gray area and w/o knowing where you live, I can't even say if you count school days or calendar days. It does make sense that they complete this before the IEP meeting or they will need to meet for the annual and again for going over the updated eval so they can meet the timelines for having meetings.

No matter who is running the program, a disabled person is required to get reasonable accommodations under the ADA. It isn't right, IMO, for the program to unilaterally decide what those accommodations will be. In other words, you should be able to negotiate the support your child will get. Ex: if you have another adult who can go as her support person, this should be OK to do - it shouldn't have to be a parent. They don't need to follow her 504 but it can be used as a guide for what support she'll need. Does it make sense for the 504 to be amended to include that the school provides a 1:1 on school trips given it's needed with trips this program does?

I'm not aware of another school with a DP Specialist so I'm not sure what the normal is with this person attending IEP related meetings. I can make an assumption that DP costs the school a lot of money because they need to have an attorney and they charge $180/hour in my area where costs add up quickly. They might be present so they can avoid DP and these costs. I can see this person's main responsibilities being to gather paperwork needed for the lawyer - like a law clerk who is paid less than an attorney - which saves the school money. It might be good to ask them who will be attending from the school so you know what to expect at the meeting. (I remember a meeting for my son where the psychologist & special ed teacher both had interns/shadows and the school math specialist attended even though there was no reason given for this. We ran out of chairs and possibly violated fire code. I wasn't prepared for this big of a crowd.)

I'd be looking to change the remedial program/approach. Modifying the curriculum can take a student off of a pathway to getting a diploma and 2nd grade is way early to do that. You really don't see students getting back on track once they start getting a modified curriculum. Has he been assessed for apraxia? That can cause some of the issues you're seeing. The remediation for apraxia is very different from remediation w/o apraxia. He might not be getting the right interventions if they haven't correctly identified all the pieces of the disability.

I wouldn't want a child with an IEP who gets special ed services (5x30 push-in services for reading) to also get general ed Tier services with a reading specialist. It doesn't make sense. If he's making progress and is on track to meet IEP goals after a year of these IEP services, the school isn't going to see a need for more services - either gen ed or special ed. IMO, the focus should be on how and when the gap will close if he continues at his current rate of progress. When will he catch up if he stays on the current trajectory? Isn't motor planning an OT or PT sort of thing? If they agree, I can see asking to add therapy to the mix.

The data makes me wonder about a few things. Could this be a blip where he's getting used to the new class? Could this be a different person evaluating him where they are using a different bar to measure him? Looks like he's due for another data point soon. I'm curious to see where this one lands. I'd be less concerned about getting accommodations and more concerned on how he's doing relative to same-age classmates. Is the gap getting bigger or is he catching up? Is the ROI goal appropriate?