Carolyn Rowlett

Make sure you keep a journal with dates and specifics of the instances of punishment and shaming - date, class/teacher, what actions/inaction lead to the punishment/shaming, and what the punishment/shaming consisted of. I would suggest doing a couple of things prior to the annal meeting. 1. Look at her current accommodations and ask your daughter which ones are being followed (and in which classes) and which ones are not being followed (and in which classes). 2. Look at the language of the current accommodations. Does your daughter have to ask for them or are they automatically provided? Does she have the self-advocacy skills to ask for them and is she? Is there an "embarrassment" factor to any of the accommodations that could be tweaked? 3. Does the IEP need additional accommodations? What behavior is leading to the punishment and shaming and what accommodations could help with this behavior? See Lisa's list of ADHD accommodations at https://adayinourshoes.com/adhd-accommodations-iep-504/ . These are listed under accommodations for a 504 Plan, but are equally applicable to an IEP. Go through each and see if there are any that would assist with your daughter's behavior and issues. Also, accommodations can be written regarding teacher communication with parent of all assignments, tests, etc. 4. Without knowing what the goals are, it's hard to critique those. But look at the goals and see if they are addressing the deficiencies. For instance, if she struggles to initiate a task, she needs a goal related to this struggle ("will begin a task within so many minutes/ within so many prompts, etc."). Then, of course, for any goal there needs to be specialized instruction to reach that goal, so ask how they are advancing her towards the goal. If she is not turning in homework timely, that can be a goal. In the meantime, the supports/accommodations must be in place to assist her - teacher reminders that her homework is due, etc. 5. Draft a "parent concerns" email to the IEP team. See Lisa's explanation and examples at https://adayinourshoes.com/parent-concerns-on-the-iep-parent-letter-of-attachment/ . Include the examples of punishment and shaming that you believe are related to her disability, include any information you receive from your daughter regarding accommodations not being followed, request the addition of any accommodations you feel are appropriate, request the tweaking or addition of any goals you think are appropriate, relay the communication issues you are having with her teachers, and state that retention would be detrimental to your daughter to retain her (you can find studies on this) when she may just need some additional support for her disability. Inquire as to how the environmental and schedule changes has affected her and how the IEP can be amended to address this. (My guess is, which is usually the case, that the middle school teachers are not following the IEP.) Did the team have a "transition to middle school" meeting to address this big change in her life? Or is it the same IEP from elementary school? Finally, I don't normally insist on this, but in this instance, I think I would request that all of her academic class teachers attend the meeting. The team needs to hear what is happening in each class and how to address it. The "at risk for being held back" is a very good reason for wanting all teachers there. That is a drastic step and should not be considered without hearing from all teachers. 6. Find out what the platform is in middle school for accessing assignments, test dates, and teacher notes. See if your daughter is using this and if not, why not (may need accommodations for this). Also make sure you have access to this so you can be aware of what is coming up for her. 7. In an email separate from the parent concerns email, don't just suggest, but REQUEST IN WRITING assessments for behavior (including an FBA), academic (since she is struggling in math), and cognitive (because there might be some processing or memory issues going on in addition to the ADHD, which could lead to additional goals and accommodations that specifically address the cause of her struggles if more than ADHD).

It is best practice to make sure the cost of having the IEE provider come to the IEP meeting is included in the contract. Unfortunately, most parents don't know this. After the fact may be tough to get, but you could argue that just as the school district has to provide someone who can interpret the results of a school evaluation, that an IEE necessitates this, as well. However, doubtful you would win this argument because the school district will say that their school psychologist can interpret the results. You also have the right to speak with the provider and relay what they state about the evaluation to the team. Or even better, have them write an addendum to their report that you think will be needed to convince the school district. If there any way you could pay the provider's fee to attend? Maybe have him/her attend via Zoom and ask the team if his/her input can come at the beginning of the meeting so s/he doesn't have to stay (and bill) for the entire meeting? Unfortunately, a school district only must "consider" IEE's and are not bound to implement any of its recommendations. So your only options if they refuse are those listed in your procedural safeguards. There is no federal timeline for holding an IEP meeting after the results of an IEE are available. However, your state department of education might have some guidelines on this in a Parents' Guide or on the website. You could even call them and ask . Usually when the law is silent on timing, the "reasonable" standard is applied. I would say if 30 days have passed and a meeting has not been scheduled that you file a state complaint.

If anyone needs an attorney, two good places to start are the Council of Parent Attorney Advocates, which I believe has them listed by state. There is also the "Yellow Pages for Kids" on the Wright's Law website. Unfortunately, both of these are not timely updated, so you might get some "I don't do that anymore" replies. Lastly, go to your state Bar Association, which should have attorneys listed by practice area. Again, though, that can be hit or miss - "education law" can mean one thing to one practitioner and something else to another.

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

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

They CAN, but with the caveat that they might want another adult in the room, just like a doctor does during an examination, to avoid claims of misconduct toward the student. As far as whether they SHOULD, HIPPA does not apply to public schools. But FERPA does (a student's medical records are considered part of their "education record"), so maybe an argument could be made under FERPA that they are not following the law regarding keeping student information private (i.e., performing such examinations in view of other students is the same as telling those students about a medical condition). Emphasis on MAYBE because I did not do any research on this exact situation nor can we provide legal advice on this site. The best solution would be to ask the school nicely to perform such examinations in a more private setting and hopefully they would understand and cooperate.

The school SHOULD track missing minutes and make those up, but I would suggest the parent to track, as well. There is some lenience, in terms of time, given to school districts due to staff shortages across the country. I would suggest that if a month has gone by without a replacement hire or contracting with an outside provider, to give the school a 10 day notice letter (just to be safe) informing that the parents will be obtaining outside services for the OT with the expectation that they are reimbursed by the school district. (I would suggest first consulting with the Kansas Dept of Education to see what they consider to be a "reasonable time" in this scenario.) Some of my answers might change depending on the specific child. Will he/she suffer or lose significant gains if OT is not established right away? Is it provided on a fairly rigorous schedule under the IEP and therefore it would be difficult to "double up" in order to provide compensatory services once an OT is hired? The actual fact scenario could be relevant.

It sounds as if one has been drafted and proposed, but parent did not sign.

Agree with Lisa that no, sounds like retaliation. We don't offer legal advise on this site, but while you are searching for an attorney, as an advocate I would recommend signing the IEP but writing immediately below or beside your signature that exceptions/concerns to your approval of the IEP are attached - and then attach them. It might give you more "legal pull" if your son is actually on an IEP. For instance, you state above that they have "no equipment" that is referenced on the IEP. That is not an excuse. If it's in the IEP, they must obtain the equipment. Once you have an IEP in place and they fail to implement, you can file a state complaint for failure to follow the IEP. The IEP at least gives you a path and a way to try to get recourse. Right now, you have nothing. And the school district can say they "tried," but you refused to sign. Let them try, fail, and then hold them accountable. What is the school district doing now for the choking/food lodged issue is they have no equipment? That would be my first concern.

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

I'm not sure what you mean by "recommendations." Goals? Accommodations? Referrals? Findings of eligibility? Please clarify and I will try to answer your question!

That's a tough one to answer without all the facts. It sounds like you're ok with her progress in reading. But as you state, definitely monitor this. Is the progress she is making closing the gap with her peers and advancing her toward grade level? She would need to be making more than a year's worth of progress in one year's time in order to be making sufficient progress. Otherwise, she never closes the gap. Also, how does your school district determine eligibility for an SLD in reading? Sounds like response to intervention? If so, ask what their policy is on how MUCH progress is needed to deny eligibility. Finally, what state are you in and does your state have any reading/dyslexia laws in place that you can refer to? Some states have strict laws reading reading that even without an IEP your daughter might be entitled to a specific type of intervention, which she may not be receiving now. As far as the slow processing, I tend to agree with the school that a 504 would be the appropriate path for that. There are some brain practices, etc., that can improve processing speed, but schools usually address this with accommodations only. It would be a fight to get specialized instruction and goals for slow processing in an IEP, and there's no guarantee it would be that beneficial. As far as the math and spelling, with the school eval showing her to be "average," there is not much you can do aside from requesting an IEE (except, as you state, closely monitor). Do you have other data regarding these areas such as grades, standardized testing, spelling test results, written work that you can use to show the school why you are requesting an IEE? That way you can couch it in terms of "I understand your evaluation showed..., but I'm seeing..." It would be hard in that case to blame (retaliate) a parent/child for requesting additional data. If you don't have the data now, start collecting it. That way your request is based on data/facts, rather than you just not agreeing with their evaluation (which I know is not the case, but it helps to avoid that perception). I like your idea of signing the evaluation report/eligibility decision with a written explanation of why you have concerns that the team did not find eligibility. Write this on the signature page OR make a notation on the signature page that there is an attached written statement by you. A partial acceptance will NOT affect your case down the road for an IEE. You can request an IEE at any time. But once a year has passed, the school will have a right to do their own evaluation again if you request an IEE.

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.

This doesn't make sense at all. First, the BASC includes a questionaire for parents, so you would obviously see that one. Second, the results of the BASC are put in an evaluation report (with the questions and answers). Third, BASC itself recommends using it multiple times to assess whether interventions are working. It says nothing about seeing the questions making the tool invalid. This would make sense for academic assessment tools, which specifically state you cannot use the same one more than once per year, but not for a behavior assessment and not indefinitely. I am also in Kansas, but this applies generally.

This Virginia requirement seems to be in contradiction to the IDEA which has no such requirement for SLD. I would reach out to your state department of education and ask for advice in this scenario. I would concurrently request an IEE from your school district because you disagree with the previous evaluation (insufficient because testing wasn't done in all areas) and because the previous evaluation has outdated data. If you can afford it, you might get an outside evaluation. Start with your pediatrician for a referral and see if insurance might cover it. Finally, take a look at your state standards and see if you son is meeting them in the area of writing, because it appears he is not. If this is the case, see if there is any type of intervention (outside of an IEP) that can be provided to your son to help him meet the state required standards. The school has to fulfill this obligation.