Carolyn Rowlett

In my opinion, they're exposing themselves to a different type of liability by preventing a child from accessing FAPE when there is not a documented medical reason for the child having to stay home. Yes, get everything in writing and the reasons behind the decision, as well as share everything JSD24 points out. But I would include the IEP on your emails (do they even know the nurse told you this?), and I would request an IEP meeting to figure out the educational plan moving forward (and if even needed) because the nurse doesn't seem to have a good one.

With respect to not receiving the progress monitoring reports timely, I would suggest reaching out to the director of spec ed and informing him/her about this. I would also inform him/her about the accommodations not being followed. If both of these continue to occur, they are grounds for filing a state complaint for not following the IEP. But give the spec ed department a chance to correct first. As far as the accommodations, I would look closely at how they are worded. Do they state student "will" be provided such and such accommodation. In that case, the gen ed teacher doesn't have the right to only give an accommodation if the student asks for it. That would be a team decision and the language in the IEP would need to be changed. Alternatively, do the accommodations state "as needed" or "if requested by student." If so, I would ask (first in an email, then request a team meeting if they won't change via email) that the language be changed to not putting the onus on the student in order to receive the accommodations because he lacks the self-advocacy skills. That is a skill the team will want the student to master, but if he hasn't mastered it yet, his accommodations should not be withheld from him because he lacks this skill. You can even ask for a goal for self-advocacy - but in the meantime, the skill should not be expected to magically be there. Regarding an IEE, all you have to do is state you disagree with the school's evaluation in the areas of x, y, z. Or you can state in all areas evaluated by the school. You can even list areas you think they should have evaluated in, but didn't. You can give reasons why you disagree, but it is not required. I would keep in very general. As far as the school district saying "no" to an IEE, that rarely happens because they have to either agree to it or take you to due process to show why an IEE is not needed. Because of this, school districts, practically without exception, choose to allow the IEE. The school district will give you a list of approved providers, but you are also free to choose your own. See more about IEEs by clicking on the link below. https://adayinourshoes.com/iee-independent-education-evaluation/

Definitely send a follow up email setting forth what you don't agree with in the IEP and your reasons why. Also ask for a PWN for all the changes they made to the IEP and anything you requested that they denied (and outline each change/denial specifically - that way you document it without having a PWN, in case they refuse to give you one). Also state that you expect the IEP to be followed in the area of progress monitoring so that you receive these reports concurrent with grade cards (if that is what the IEP states). If you don't like the data in the progress monitoring, reach out and ask for clarification or more data. You could even request an IEP meeting to go over it. It sounds to me like you need an IEE (Independent Educational Evaluation). I would request one in a separate email from the one I reference above. If you are unfamiliar with and/or need more information about IEEs, reply back.

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.

Can you just reach out and ask the team or IEP coordinator (or whoever sent the Notice of Meeting) what a Due Process Specialist is and what the role of this person will be at this meeting? Seems like a valid question.

What is the eligibility category in the IEP (or categories)? You mention both a diagnosis of a speech and language disorder and a reading disability. Although there could be some overlap of the types of services used for each, I think it's important to distinguish between the two. If his reading struggles are the result of his severe phonological speech and language disorder and not a specific learning disability (reading disability), the approach could be different and the teacher would need different training and skill sets for each. I don't know all the facts, but it appears that he might need additional minutes with a speech language pathologist rather than a reading specialist to address his specific disorder. I would suggest requesting an IEE (Independent Educational Evaluation) from the school, which would be at no cost to you. An outside provider would probably be able to delve into the complexity of these issues better than the school district and would provide recommendations for both treatment/services and accommodations. You are entitled to request an IEE when disagree with or feel the school evaluation is not sufficient. The school district must agree to this or else take you to a due process hearing to prove an IEE is not necessary. This is very inconvenient for school districts, so they usually just agree to the IEE. And you're definitely on to something in wanting to request pull-out services. If he is not making significant progress according to the progress monitoring reports, something needs to change.

Text me and we'll schedule something offline.

What areas of disability are missing from the above testing? You'll need to point that out specifically.

What areas were checked on the Consent to Evaluate form? Yes, absent agreement between parent and school district to not evaluate, all areas (not necessarily the same tests) for which the student is still receiving services should be re-evaluated. If they were not and if you want them to be, reach out and ask that they be done. Yes, there should be a meeting to go over the results of the re-evaluation. It would be in addition to the annual review, but the annual review could be done immediately following the meeting to review evaluation results.

There is a lot going on here and hard to advise without more info. Could you possibly call me at 816-547-5467? I am an advocate that works in Missouri and Kansas and sometimes other states. This would be outside of A Day in Our Shoes. It would be me as an advocate giving you my free one hour consultation.

Yes, it is absolutely time to change the curriculum they are using. What is the disability and what program are they using currently? If dyslexia, it must be evidence-based, multi-sensory, structured literacy. But not all programs, even if they meet these requirement, work for all kids. Sounds like it's time to try something new.

Were you involved in the "IEP team" decision to move his intervention? You should have been. Where was the intervention happening previously? What was the reason for the change - to try to get more than "minimal growth?" Or did it have something to do with the school's staffing or scheduling? If the progress monitoring data shows growth up until the change in placement and decline after that for an entire quarter, this should be enough data. Did you make the request in an email? Maybe you need to request an IEP meeting so you can ask them point blank: How can you say there isn't a problem when YOUR data is showing a decline since the change in placement? How long does he have to show decline before it's considered a problem? If they still refuse, ask for a Prior Written Notice to be sent to you after the meeting specifying the denied request and reasons for the denial. Other steps you could consider are getting an advocate and sending an email to the special education director with your concerns. And make sure from now on that you receive progress monitoring on a quarterly basis (I assume that is in the IEP). Also, keep in mind that the growth he makes should be more than his peers in order to close the gap (i.e., if he only makes a year's worth of progress in a year, as his peers are as well, he will never close the gap). If he isn't making sufficient growth, the IEP isn't working and needs to be revised.

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

Totally agree. But, not to give school districts any slack, it is more difficult these days to determine "preferential seating," because the teachers tend to more around the room, teach from different locations/white boards, etc. As Lisa states above, you have to look at the individual student and what his/her needs are and then precisely define "preferential seating." You also have to ask if the onus is on the child to determine the best seating or the teacher. This depends on the child's age, awareness of their issues, and ability to self-advocate.

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!