Carolyn Rowlett

There is definitely more that can be done besides the one accommodation you listed (stop after one hour if struggling). And this isn't even a good accommodation because it does not help her access the general education setting in any way. Usually accommodations like this are written "after mastery, the student can have shortened assignments." This just lets her stop without ensuring that she has learned the material. It sounds like she need specialized instruction. Has she been assessed in the area of academics? If not, have you asked for an evaluation in this area? The standardized testing and grades should be enough to get the school to do something, but that doesn't appear to be the case. The school district can either do an evaluation or decline to; in either scenario, that allows you to then ask for an Independent Educational Evaluation (unless, of course, the school gives your daughter what she is entitled to after their evaluation). An IEE should set forth the type of specialized instruction needed and suggested accommodations. Ask for the evaluation ASAP and make sure the consent form is sent to you ASAP, because the date you sign consent is the date that starts the 60 time frame. Unfortunately, in most states this is 60 SCHOOL days, so you are already looking at next fall before they have to do anything. In the meantime, use the executive function "concerns" (do you have any data on this area? do you need to ask for an evaluation in this area?) to get as many accommodations in for math that you can - multi-step problems broken down or even written out for her, calculator, etc. Check out Lisa's website for suggested accommodations for executive functioning and see which ones might work for her struggles with math.

There are two requirements for a 504 Plan. The child must have a disability and that disability must impact the ability to receive an education in the general education setting. So you would need to track anytime the "triggering activities" affect the child's ability to learn. Reach out to the general education teacher on a weekly basis and ask if there were any "incidents" with the student in the past week (explain what you see at home and that you're worried it might be happening at school). Also, since you are specifically asking about how the triggering activities affect him at home, YOU need to track these incidents, why they occurred, and what impact they had on the child's education. For instance, was he unable to do homework assignments? This would be an impact on his/her ability to receive an education.

Wow. Small school district? You may have to get the state involved so it can educate her. I like your suggestion!!

That's fine. But I would still insist on having the eligibility determination within the required timeframe. If for some reason the school district denies eligibility, you would be entitled to another meeting when the new test results come in. I'm confused as to how the extra testing is "not looking for ED," when that's the area of testing that the school wants?

The school had their chance to do testing in all areas of suspected disability, and they decided not to. If they didn't suspect ED then, why are they now? What has changed? Nothing. I would not consent to the ED testing. The worst that can happen is they take you to mediation or due process, and it's ordered that they can test in this area. In the meantime, they have to proceed with what they have, which is a psychiatric diagnosis and and IEE concluding ASD. An eligibility determination must be held within 60 days of your consent to the evaluation (in this case, the IEE). Hold them to that. Don't allow them to put this off because now they're wanting to do further testing. It sounds like you have a pretty strong case for eligibility in the category of autism.

I assume you are in Texas, since you're using the acronym ARD? If so (or for whatever state you are in), you might want to go to your state department of education's website and look under "special education" for rules, regulations, and policies regarding the timing of annual ARD's. There might even be a parent handbook/guide for special education. Having said that, from a general, non-state specific standpoint, I don't see the need for this. At least not another annual meeting. Sometimes school districts (and parents) like to have a meeting before the end of the school year to discuss transition to the next grade, especially if the student is transferring to a new building (middle school, high school), but it doesn't sound like this is what they're doing.

I didn't find anything specific in Illinois. And the IDEA just says "withing a reasonable time."

That is unusual. I'm wondering if the school district (and others in your state) have had success before mediators and hearing officers? You might call their bluff with respect to the mediation, since due process means you would probably need to hire an attorney. I don't know the process in your state, but usually you are given a list of mediators to choose from. Vet them carefully. But first, you might try filing a state complaint (or even just making an informal call to the state compliance department) stating your right to "participate meaningfully" in the IEP process is being thwarted. I would also see if your state offers facilitated IEP meetings. That would be helpful, as the facilitator ensures that everyone can speak.

I am struggling a bit to give advice on this matter without seeing the documents. From what you are sharing, the accommodation addresses the ability to submit another assignment when the grade received on the original work was less than 70%. It does not address late assignments. So the school district may be correct that this accommodation does not apply. Unless your argument is that a late assignment results in 0%, and therefore another assignment should be permitted? I think for clarity in the future, I would add an accommodation for late assignments/extended time to complete and how grading of late assignments will be handled. If the student's disability (ADHD?) warrants this accommodation. As far as this current situation, I think you are doing all that you can do by contacting administration and the DOE. Make sure "administrators" included the Director of Special Education. Also, send follow up emails every few days after no response is received.

In my opinion, you would be entitled to request an extension, since IEP meetings must be held at "mutually convenient dates and mutually convenient times" according to the IDEA. You have a very valid reason for asking for an extension - a medical condition that affects your ability to "participate meaningfully" in the meeting. Yes, the school district may be considered to be out of compliance, but the state DOA will not likely hold them accountable since the parent requested an extension. Instead of sending a letter to the LEA (who may or may not understand all the nuances of special education law), I would send a letter/email to the director of special education - explaining the situation and providing some meeting dates that you are available for the annual review.

Wow. This is so sad. And so wrong. Thank you for trying to help these families. I agree with JSD24. The state needs to get involved. I would suggest that you make an informal call to the state explaining the situation and asking for their advice concurrent with the families writing a complaint letter. And yes, a paper trail in this situation is critical. After any phone conversations, follow up with an email setting forth the conversation. Put all parent concerns in an email that is sent prior to any IEP meeting. Ask for a Prior Written Notice for any parent concern that is denied during an IEP meeting. Record meetings if New York is a one party state, or at a minimum follow up all IEP meetings with an email outlining what occurred, what was agreed to, and what was refused. Other observations: 1. As JSD24 pointed out, budget issues are not an excuse to not provide FAPE. 2. What is the "supplemental direct reading instruction?" Do some of these students need a multi-sensory, structured literacy due to dyslexia or dyslexic tendencies? 3. An 8th grader who is at a third grade level for reading (and 5th grade for math) needs way more than a co-taught class to catch up. 4. I would have any family who is not satisfied request an IEE, which will hopefully provide recommendations that the school will at least have to consider. And will hopefully get the school district's attention. 5. What are the state requirements and is this district following them? For instance, is RTI or MTSS required for students who are behind? If so, is the school district tracking progress and providing reports to the parents? If not, this needs to be included in the state complaint letters.

I may have lost track of whether or not the second meeting has taken place yet, but either way, you need to start requesting that the meetings include members of the high school team (sometimes personal is not known until right before school starts, but they can at least invite those who would be part of the team if the next school year started tomorrow). If you've already had the second meeting, request another meeting so that these future team members can be included. It's nothing official in the IDEA, but these meetings are usually referred to as "transition meetings" (transitioning from elementary to junior high, junior high to high school, etc.). It is a very common and reasonable request to make before your child enters high school. If the junior high team refuses, make sure you reach out to the high school so that a meeting can be set up with your child's new IEP team as soon as possible after the school year starts. Maybe even try to get it on their calendar now.

Parent input can be submitted at ANY time.

Compensatory services are a complicated issue (at least to me!). And it's particularly hard to give advice in this area without seeing all the documentation. But I'll give it a shot! First, I would not give up yet on trying to get some compensatory services for his senior year. Have you asked? Have they offered anything? You shouldn't be the one who has to think up something that might work - the school district should be doing that. If they aren't, ask for an Independent Educational Evaluation (IEE) - SOON - since we are nearing the end of the school year. The IEE will hopefully have some recommendations for what can be done for his EF deficits. Also keep in mind that compensatory services can be provided over the summer months (and not just during the time the regular summer school is in session). This should be pursued if he far behind being ready for post-secondary education. They can also be offered in after school sessions next school year. Second, there is the option of having your son not graduate. (He would still be entitled to walk during graduation with his classmates - the diploma they hand him would be "fake." If you want this option, just make sure he does NOT accept a regular diploma.) If a special education student does not graduate, they can receive services until they are 21. Although this is often not a palatable option for parents or students, keep in mind there are still college courses he could take without a diploma and his "status" would likely never be known to her peers. Third, if compensatory services are not offered (see second paragraph above), you could file for due process. At that point, your attorney could advise you on the options you have in terms of monetary recovery, but this could be difficult under the IDEA. You could speak with a civil litigation attorney about pursuing monetary damages under a tort claim, but that's beyond our scope here. Good luck!

Agree with JSD24. It is very state specific, so I would get a copy of your state's special education policies, parents' guide, etc., and see what the procedure is for in-state transfers. Usually, the new school district has to either accept the evaluation and IEP from the previous school district and therefore implement the IEP as is, OR the new school district can reject it, in which case it would do it's own evaluation and determine eligibility or draft a new IEP. If the latter, the new school district has to keep the "old" IEP in place and implement until they either exit the student from special education (not likely in this scenario) or develop a new IEP document. I think what you are doing is the correct approach. If I were you, I would prefer an IEP that is as specific as possible before a transfer occurs. I would also reach out to the new school for a meeting to discuss issues like tardiness and absences and how they are related to her disabilities, so you can know upfront how they will handle this rather than being blindsided when an incident actually occurs.

It's neither a placement or a right - it's whether or not it's the least restrictive environment in order for your son to receive FAPE. You may need an outside evaluator to weigh in on the traumatic and educational impact moving school's would have on your son. Without this, the school may be able to fall back on its special permission policy and deny his attendance at that school.

They can't, since this is a re-evaluation and not an initial evaluation. The only basis for denying one would be that it has not been one year since the last evaluation. I would file a state complaint for this very obvious and clear-cut procedural violation.

Does the student at least have a 504? To give her some accommodations for her attention issues, anxiety, and depression? You might want to pursue this path WHILE you are fighting the IEP battle, just to get something in place. Or is the school saying she doesn't have a disability because she doesn't have a diagnosis of ADHD or anxiety? If so, request an IEE so that (hopefully) you can get some diagnoses on the record and they have to provide a 504. Then when the IEP is finally implemented, the accommodations can switch over to that document. They can DEFINITELY do something to support her with turning in homework. It is untrue that the school doesn't have to address the school avoidance issue. They have to look for the cause of the school avoidance and see what supports can be put in place to help the situation. Otherwise, her missing so much school results in them not providing FAPE. Request a Functional Behavioral Assessment (FBA). If they refuse, ask for an IEE. What does their "reading at grade level" mean? Did they look at accuracy, fluency, AND comprehension? She may be able to read, but if she is not reading fast enough and/or not understanding/retaining what she is reading, that might be why she is "reluctant" to read. If the school eval didn't dig deep enough, again, ask for an IEE. Unfortunately, is sounds like your state's DOE will be no help, and I'm sure the school district knows that. Any legal counsel who says getting parent input is "inefficient" is ignorant regarding the IDEA.

I don't believe POA is addressed in the IDEA, so you would need to check your state's laws on this. Some states might require the POE come from a judge, others will not. So check your department of education's website. Your DOE might even have a boilerplate POA for education. If you can't find anything on the website, give them a call about this issue. Below is a great post on Lisa's website explaining educational surrogates. https://adayinourshoes.com/become-iep-educational-surrogatea-disabled-child-needs/

I agree with JSD24 - the school has wide latitude in who they bring. You can question it, however. Four administrators does seem like overkill. Since they don't know your child or the disability, the only reason for them there is to be the person that can commit school resources (the LEA). But you don't need FOUR people for that role. Depending on how "brave" you are, you could reply to the meeting invitation asking for the role each participant will be playing. If four are for the exact same role, you could ask why this is needed. I would also advise reaching out to an advocate agency (your state department of education could help with this) so you can bring someone else for your "team." Or you could bring another relative, family friend, coach, etc., who knows your child and has a "strong" personality. Finally, I would look into whether your state offers facilitated IEP meetings. If so, I would definitely ask for one in this case. Neutral facilitators make sure that the parents are not intimidated and that all participants are equally heard. Sounds like you may need someone to ensure a level playing field. It also tends to make sure everyone shows up on time - one of your other issues.

When a PWN is required is sometimes state specific. So you might check your state department of education's website for a list of when they require PWN's (or just call). It is possible that they don't need to send you one until the change is put into the IEP document. A copy of the minutes should protect you from them withdrawing their proposals. But there are other things you could do. You could send an email outlining the proposals made and agreed to at the meeting in the guise of "hey, I just wanted to confirm what we spoke about on_____ since we're coming up on the annual meeting." You could also ask for a PWN showing the agreed to proposals (the worst they can do is say they don't have to do this).

I have a few suggestions, and I apologize in advance if I have forgotten or missed some of the facts in this scenario. If you have not requested an Independent Educational Evaluation (IEE), you need to do so now. Request it in the area of academics (specifically reading and written expression). I have yet to see an outside evaluator who recognizes dyslexia (or even just dyslexia "tendencies") not put an accommodation for note-taking in their recommendations. That is what you need. (Of course, by law, the school only has to "consider" outside evaluations, but it is still important to get this in writing from an expert.) The above, of course, will take longer than 10 days. In the meantime, sign the IEP with your disagreement regarding note-taking set forth on the signature page. Also, make sure the Prior Written Notice lists the school's refusal to make that accommodation. Additionally, make sure there is an accommodation regarding her spending no more than 1 1/2 times on homework than her non-disabled peers. This is a very common accommodation for dyslexia. That would (hopefully) take care of the problem of her having to spend so much time at home on homework, finding sources for her notes, etc. Again, this is something that outside evaluators almost always include in their accommodation recommendations for dyslexia. Finally, depending on how "nuclear" you want to go, I would start using words like "discrimination based on my child's disability." You child has a right to equal access to the general curriculum, and she cannot access this on an equal footing without the accommodation of note-taking. They don't make children in wheelchairs crawl to their classes, do they, in order to receive an education? No - they give them the accommodation of a wheelchair, ramps, etc. Note-taking is the accommodation your child needs to access the general curriculum. If all else fails, file a complaint with the Office of Civil Rights. School districts hate dealing with those and might back down then. You may need the help of an advocate. If you can't afford one, see if your state department of education has any agencies it recommends for advocacy help. Most do. You could even have an informal discussion with your state's department of education to see if they have any recommendations on what to do in your situation with the school district.

I just need a few points of clarification. If I'm reading your post correctly, you are now on a second draft of the IEP document and are waiting on a follow up meeting because the second draft did not contain any of your parent concerns? And in the meantime, the IEP is not being implemented? Here are my suggestions: 1) Make sure the parent concerns are distributed via email to all team members before the meeting - don't just bring a written copy to the meeting (it sounds like you did this after the second meeting). 2) During the meeting, make sure each of your parent concerns are addressed AT the meeting and that a consensus is reached one way or the other on each item BEFORE you leave the meeting. For each parent concern that is refused, ask that the refusal be noted in the Prior Written Notice. Also ask that your parent concerns be copied and pasted into the IEP document. If this is refused, again, ask that this refusal be stated in the PWN. 3) Is the executive skills class part of special education? If so, then the school would be correct that the child cannot attend until you give consent for special education services. 4) You can sign an IEP agreeing IN PART. List on the signature page everything you disagree with and every parent concern that was refused. Then sign that you agree to move forward with the IEP with these exceptions. That way the services you agree to (executive skills class) can be implemented. 5) I would contact your state department of education and ask what your recourse is for a school district refusing to take parent concerns into consideration. They may suggest filing a state complaint.

That's going to depend on many factors. If he/she has a diagnosis of a disability and the school knows about it, suspects it, or should have known, then this could be discrimination. A child with a disability cannot be excluded from activities in which his/her peers are participating. They may not have any supports in place (I'm assuming the child also does not have a 504 Plan) yet, but options could be explored: Could the parent go with the child on the field trip? A school staff member? (However, this would depend on the behavior and whether the school has someone trained to deal with the specific behavioral issues.) It is also going to depend on the severity of the behavioral issues - is it something that could cause harm to the child or others on the trip if he/she participates? Not necessarily a deal breaker if supports could be put in place, but something that would be relevant. If there is no data or evaluation yet that shows a disability, it will be harder to argue inclusion because the school will just point to the instances of "bad" behavior.

Agree with Jenna - we need to know if the reevaluation looked at social emotional and behavioral skills and do these areas show he is doing great? Also agree that you might want to request an FBA. To answer your question, yes, an IEP can have only behavioral goals.