Carolyn Rowlett

I should have been more clear regarding the IEE and reconsidering eligibility. Assuming your request for an IEE is granted, new data from the evaluation should prompt a meeting to go over the results. If the school doesn't schedule a meeting, ask for one. Then in the meeting, assuming the data is favorable, you can ask them to reconsider the eligibility status. Hope this helps.

When you get the consent form for the assessment, make sure that "Academic Achievement" (or similar language) is checked. The school psychologist won't label anything as a "specific learning disability," but his/her evaluation should show if your son is struggling in academic areas and to what extent. You probably already have, but I would report the math teacher's lack of response to the principal. Also, if you feel this teacher is not providing the required accommodations and modifications listed on the IEP, you need to call for an IEP meeting to address this (ask the team for his/her attendance at the meeting).

Grades are meaningless IMO when it comes to whether or not a child needs an IEP. They are not data. Data is what is needed to determine whether or not an IEP is needed. Accommodations are not something the child does - they are something the school does. While you are waiting on the IEP process (reconsideration), I would ask for a 504 team meeting to rewrite the accommodations in terms of what the school must do. But if you want them to check in for understanding, you will need to show that he may not understand without this accommodation. You can ask him if he understands the classroom material and hopefully your private evals or the IEE will show this is a needed accommodation. When you request the IEE, that will start the process for you to ask for a reconsideration. When the new data comes in, ask to schedule another IEP eligibility determination meeting. The school can absolutely help with executive functioning if a need is shown. Click on the link below to see a list of executive functioning goals that Lisa has put together. https://adayinourshoes.com/executive-functioning-iep-goals-accommodations/

You can request this. The previous evaluations will hurt your case, but you can try to get additional information that will help it: 1) Ask his teacher what he/she thinks about his writing compared to his peers. (Sometimes teachers are reluctant to answer this in a straightforward way, if they suspect you're trying to get spec ed services.) Also, ask for writing samples - first drafts, not ones the teacher helped edit later. 2) If it's been a year since the last school evaluation, you can ask for another one in the area of writing. And remember, the school doesn't have to find a writing disability - only that he needs special services in this area because he is falling behind. Because you are correct. It might not be a writing disability; it could very well be a result of his other disabilities. 3) If you disagree with the school's evaluation or if they insist on a correlation between his ADHD and ED, ask for an Independent Educational Evaluation. A good, neutral evaluator should be able to determine if writing services are needed and tie the need to what is causing it. Then you have your case!

I don't know all the facts, but it sounds like you still have a few hoops to jump through before asking for tutoring at the private school. First, you have to get a "designation" (IDEA language) from the school district that your son is to receive special education services. Toward that end, request a meeting to discuss the results of the IEE and for a designation that you son needs special education services. (I'm unclear as to how the IEE came about - whether due to refusal of the school district to perform an evaluation or your disagreement with the school district's evaluation. If the former, they may now agree to do an evaluation.) The meeting should include both representatives from the school district, as well as a representative(s) from your private school. Once the designation is (hopefully) made, a "services plan" (IDEA language) will be developed in consultation with you, the school district, and the private school. A "services plan" has similar requirements to an IEP. But you will also encounter similar push-back from the school district. Although there is nothing in the IDEA that disallows it, it is very hard to get a school district to put specific methodology in IEP's/service plans. Some even have written policies against it. The best I've been able to get into IEP documents is language at the beginning of each goal for a specific learning disability stating "after receiving instruction in an evidence-based, multi-structured literacy program..." It's also very hard to get school districts to certify their teachers in any specific program, such as Wilson. The best you can do is wait and see (even though I know we all hate that clause) if your son does not make progress. Then you have an argument that something needes to change - the instruction and/or the teacher training. As far as getting tutoring at the private school, you are probably going to have to let the school district try it their way and fail before you can make this ask.

You are correct! And without knowing your specific state's laws and regulations (which you might look and and add, if applicable), I believe you are citing everything you need to. There is no requirement in the IDEA that reevaluations must be done concurrent with or before an annual IEP meeting. You can have the annual meeting, and then another meeting following the results of the reevaluation being available. But I would also ask the question: What are you basing this requirement on? If a school district policy, may I please have a copy?

I am probably in a different state than you are, so what do you mean by "declassify?" Does this mean she currently has an IEP and the school wants to take away her eligibility for special services? If so, I would ask what has changed in terms of when she originally qualified. If her condition impacted her academic needs then, why doesn't it now? IMO, grades are not proof of anything. To know for sure whether her condition impacts her academic needs, you would need an evaluation. I'm not sure where you are in this process, but you can ask for a new evaluation every year. Also, the IDEA requires an evaluation before a change in eligibility. It's hard to list ways that her condition could be impacting her academic needs without knowing her specific condition, but I'm sure your research will provide answers. However, the best thing is to have them written out in an evaluation report. If the school refused to do an evaluation, request an Independent Educational Evaluation.

What do you meant by the school district "denied eligibility?" Since he has an IEP, are you saying that they wanting to make a change in his eligibility status and exit him from services? Under the IDEA, that can't be done without an evaluation. Since the title in your question says "3 Year Reevaluation," I'm guessing this was done. In that case, the data in the reevaluation would drive the eligibility question - not the progress monitoring alone. What specifically are they referencing when they say "what they are seeing?" Teacher observation, the data in the reevaluation, progress reporting? They need to be looking at the data in the reevaluation. As for the goals not being met, there are many things you can do in that instance (investigate why, provide additional accommodations to support the goals, rewrite the goals), but dropping services is certainly not one of them. If he was eligible when these goals were drafted and they were deemed necessary by the IEP team, ask what has changed to make these same goals no longer necessary and him ineligible. I haven't watched it, but there is a YouTube video on scoring the essay composition on the WIAT III. There also appear to be some FAQ on the WIAT III on the Internet and a breakdown of its subtests. Other than that, I'm afraid I don't know much about it.

Just to make sure I'm understanding correctly, if your daughter does not finish the math fast facts sheet in the time allotted for the rest of the class, she has to start over with a completely new fact sheet and do it at home? That would be a violation of her IEP because it's not giving her extended time. She should be allowed to do what she can in the time allotted and take it home to FINISH - not start over. And she should be told this ahead of time - that it doesn't matter if she finishes or not - to relieve her anxiety. You should also add something to the accommodations in her IEP that state she should not be spending more than one and 1/2 the amount of time that others in her class spend on homework. That way she isn't required to finish the math fast facts sheet if it takes her several hours. There are other ways to assess her understanding of math facts. I would request an IEP meeting to address the fact that the IEP is not being followed with respect to "extended time" and ask for the additional accommodation listed above. In the meeting, I would also re-ask for the partial transcribing accommodation and if they refuse again, ask them to put their refusal in a Prior Written Notice (or whatever this may be called in your state).

I'm not completely sure what they mean by "can no longer use the initial evaluation to try to get services." I'm guessing they are saying that it was done, considered, and eligibility was determined (am I correct in assuming that the meeting you refer to was the eligibility meeting?). Therefore, case closed with respect to that evaluation. In the Missouri State Plan for Special Education (I highly suggest printing out a copy and taking to meetings), a reevaluation may not occur more than once a year unless the parent and school district agree otherwise, which is unlikely in your case. So your options at this point would be to request an IEE or file a state complain if you feel there is a procedural issue(s) in how the evaluation was conducted or eligibility was determined. Did they go through the Missouri Compliance Standards (something else I have printed out and take to meetings) and show how the data in the school's evaluation was not sufficient to meet eligibility?

I am an advocate in Missouri and get PWN's, evaluation, etc., all the time from school districts via email. But as Jenna stated, there might be a school district policy prohibiting this. And if so, just have the mom email you all the documents. If no school district policy, ask them for the federal or state law/reg/policy on which they are basing their actions.

I am a facilitator for the state of Missouri, and we are trained and told to reach out to both the school district and the parents via phone before the IEP meeting to gather facts and points of concerns and disagreements. We also ask for copies of the current IEP, evaluation, and draft IEP. As far as what a facilitator would think about one of the case managers not being there, neutral facilitators are usually not allowed to point out anything that a school district is doing "wrong." But if you bring this up with the facilitator in your teleconference, it would give him/her an opening to broach the matter with the school district in terms of it being a parent concern.

I would not bring in a lawyer yet, especially since you do not want things to get "ugly." As far as the suspension goes, for now I would see what your rights are in terms of adding a statement to your son's file about all the items you list above. Then I would shift gears and take the matter up with the special education department. Request an IEP meeting to discuss all these recent issues surrounding his IEP - the school's failure to follow it (communication, recess), whether behavioral goals are needed, etc. Besides sending the request for a meeting and detailing the issues to the entire IEP team, I would also copy the director of special education. Bringing in an advocate would certainly help and under the circumstances would not appear unreasonable.

I can only speak for myself, of course, but coming up with a general list of private schools and programs in all states for all disabilities would be quite time consuming, although you are correct, also quite helpful. Maybe someone on this forum knows where to find such a list? Unfortunately, you are correct, that there are many instances in which school districts won't find a way to deal with the specialized needs of a certain child. I didn't use the word "can't," because under the law, school district have this obligation regardless of the child's specialized disabilities. However, I also understand that you're speaking from a practical standpoint and that it's just not worth the fight and that your resources are better spent elsewhere. Something else of which I'm sure you're already aware, lack of funding is not an excuse. But again, I know you're approaching this from a practical standpoint. One thing you might do, however, is take a look at your state's education budget, specifically special education. I'm spit-balling here, but it is my understanding that most if not all states received federal funding for special education services post-COVID. Also, some state legislatures passed laws increasing the funding for special education. IEP/504 teams don't always share that information with parents and sometimes aren't even aware of it. It might be worth researching and/or calling your state department of education. But in terms of advice for locating private schools and programs, individual parents could post their city and state, along with their child's disabilities, to see if anyone has recommendations in their area. (Unfortunately, for some severe disabilities, the parents' may only have out-of-state options.) Also, there is the tried (but maybe not always true) "Google it" method. You would, of course, need to follow up with a phone call or email to any school you find via a Google search. Make sure to have all your evaluations and diagnoses ready. A lot of schools will be listed as "special education" schools, but they may be for behavioral issues only with the sole goal being to mainstream the child back into the public school system. Not trying to "punt" on this one, but this is the best I personally can suggest. Maybe others will be more helpful.

When you say the mom asked to "look at the evaluation again," does that mean she doesn't have her own copy? The school should have provided her with her own copy. If they did not, ask for it. It's part of her child's educational records that she's entitled to under FERPA. My suggestion would be to request an IEE if they don't agree to do another evaluation. I agree with JSD24 about asking the school to do a gifted assessment. However, a lot of times schools only do gifted assessments on students who get a certain score on standardized testing. As JSD24 pointed out, the student's ADHD could be getting in the way of showing his/her full potential. That leads to another suggestion: Since it could take a while to obtain special education services (if you are able to at all), you might want to consider getting a 504 Plan in the meantime. That could be established quicker and provide the student with accommodations for his/her disabilities of ADHD, Autism, and OCD, such as a separate, quite environment in which to take tests (both classroom and standardized). This might help get his/her scores up enough to qualify for a gifted assessment. But you would need to keep the accommodations in mind as you argue for special ed services - high scores with accommodations do not mean the student doesn't need specialized instruction.

I am in Missouri, also! What is the next meeting for if student was denied eligibility? You can ask for another evaluation at a meeting, but make sure your client also asks for one in writing. They might not agree to one since they just conducted one last spring, in which case you should request an IEE. Either way, during the eligibility meeting after the evaluation results come in, make sure they explain - using the Missouri Standards and Indicators for Other Health Impairment (ADHD and OCD) and Autism AND the data - why the student does not meet eligibility. Also make sure the reason(s) are detailed in the PWN. It does not sound as if the first PWN has enough detail. As far as the IQ question, I don't see the harm in getting one in this particular scenario. It might be very helpful to know if the student is gifted.

Whether a typo or purposeful, this absolutely needs to be corrected. I would email the IEP team now and ask for an amendment. If they prefer to wait until the annual meeting/renewal, at least get them to acknowledge the mistake in your email correspondence with them and that it will be corrected on the next IEP document. One exception would be if they are doing a re-evaluation and do not plan to set forth previous results in the new IEP document under the argument that they are no longer "present levels" (this has, unfortunately, been successful in some cases). In that scenario, you would definitely want the current IEP changed now.

Answers to your questions below: 1) Just to clarify: Are they asking you to send a revised copy of the most recent meeting notes OR of the notes from the meeting two months ago which contains the alleged additional/incorrect verbal statement? Either way, you have no responsibility to send them ANY revision. You are giving them an opportunity to respond to your recollection - that's it. It doesn't come with any obligation on your part to do more. I do think it's a good idea to put a "footnote" or even a response to them documenting that this correction was not asked for in close proximity to the meeting date, but rather two months later. Because even though you gave them a "deadline," they have no obligation to you to meet this deadline, and now the email is out there and should be addressed by pointing out the delayed response. 2) I don't think these recent responses should stop you from sending out your notes. Just make sure to respond to any changes you don't agree with that "we'll have to agree to disagree" because that is not your recollection. However, since discrepancies are being reported, you might want to think about recording future meetings, if your state and school district allow that. 3) Without doing more research, I can't say for sure that your notes would hold up "legally," but I would think they would at least be considered (along with any notes the school might be taking). However, it would help if they were sent in an email in close proximity to the time of the meeting. You could even send them in a email to yourself if you didn't want to send to the school. But I see no harm in continuing to send these to the school. 4) I'm not familiar with PA, but I can't imagine that there is any requirement for school districts to reply to your notes. It would be in their best interest, however, if they disagree with any part of them. 5) I would continue with your current practice of requesting input. They can respond whether you ask for it or not, and if you stop asking for it now, it might look like you're no longer trying to get accurate notes.

Could you provide a few more details? Under which category of disability were you hoping to find eligibility? If Specific Learning Disability, does your state allow the discrepancy model? What were reasons were stated and/or set out in the Prior Written Notice for denial of services? Why does the mom want to request an IQ test? What areas were assessed in the first evaluation? An IQ test would be necessary if the school uses a discrepancy model (most states don't, but a few still allow it). A high IQ can be used AFTER services are provided to argue under the Supreme Court case Endrew that progress isn't enough "in light of the child's circumstances." If you do ask for an IQ test, make sure it is one that is best suited for the child. For instance, if dyslexia is a concern, you would want a non-verbal IQ test done.

After about 15 minutes of research, I also could not find any solid data for your argument! But most websites and experts on the Internet recommend it, so it must not be "an unnatural mastery." Also, I don't understand their statement about "having to start over." One reason most goals state "3 out of 4" or something similar is that it takes into account the "bad day" possibility. The trials themselves have to be consecutive - the goal is only 3 out of 4, which allows for one "miss." Although I couldn't find any data, the overall consensus seems to be that doing something "in a row" (or close to it) is a sign of mastery. The argument is if they can't show they can do a skill "consecutively," it isn't mastered. Having said all that, I'm not sure it's a fight worth fighting if you are comfortable with his progress, scores on standardized tests, reading ability at home, and comprehension of classroom material.

There are no credible resources that say a school should wait until 3rd grade to test/screen/evaluate for dyslexia. In fact, the research says the earlier dyslexia or dyslexic tendencies are addressed, the better the chances are for the student to be successful in the future. See the link below from the International Dyslexia Association. Many states are starting to pass legislation to require screening for dyslexia as early as Kindergarten. Also, even if there is no legislation, many State Departments of Education have policies and guidelines for school addressing this issue. I would suggest going to your state's DOE website and looking for something you can use to persuade the school to test. If the website is not user-friendly, call someone in the special education department at the state. Make sure you have any screening or standardized testing that has been done, which with your daughter being in first grade might be minimal. But there should be something to tell you where she stands in terms of reading. Look for "below grade level," "at risk," and "not approaching standard," etc. Also ask the teacher to do a quick assessment to see what grade level she is at. Then send this information via email to the special education coordinator at your school building - don't spend any more time asking the teacher about evaluations. Also tell him/her how much time your first grader is spending on homework. Finally, request an evaluation based on the fact that you suspect your child may have a disability. If your request is denied, make sure you receive a Prior Written Notice (PWN). If you don't, ask for one. If the PWN does not detail specific reasons for the refusal to evaluate, ask for a revised one that does. If this doesn't get you anywhere, you still have options: 1) Get an outside evaluation - sometimes pediatrician offices can do these and sometimes insurance will cover. Once you get the results, send them to the school. 2) Go up the "chain of command" - send your request to the principal, then the director of special education, and finally the superintendent. 3) File a State Complaint based on the school's failure to fulfill the "Child Find" obligation in the Individuals with Disabilities Education Act (IDEA). 4) File for Due Process. This sounds like a scary option that requires an attorney. But a single issue like this (requesting an initial evaluation) is totally doable without an attorney. You would only need to bring the data I referenced above. Chances are just the filing for due process would motivate the school to do an evaluation OR it would be something that would be reached during a settlement conference and there would be no need to go to the actual hearing. https://dyslexiaida.org/testing-and-evaluation/

Have you tried contacting/complaining to anyone within the DoDEA? You probably have. I had a client on a military base who took his concerns via the Army route rather than the state. That, and bringing an advocate to the next meeting, helped him get what was needed for his daughter.

Forgive my ignorance, but what does "IU" refer to? And when you say "our IU," I take it you mean s/he is an evaluator within the school district and therefore you consented to an evaluation being performed by the school district? If so, I would assume at this point you should be invited to a meeting to determine eligibility. The evaluator alone would not determine eligibility. But I'm not in PA. I would reach out to someone in the school district who is over their Early Childhood Special Education program and ask what the next steps are after the evaluation is complete. If after the meeting he is deemed not to qualify, I would assume you have the right to request an IEE, but I am not familiar with early childhood IEP's. At a minimum, you should receive procedural safeguards from the school district setting forth your rights. Ask for those. You could also reach out to the PA State Department of Education and ask for their policy/guidelines for preschoolers showing signs of a disability. Under the IDEA, the requirements for an IEP are: 1) The child is at least three years old; 2) The evaluation shows a disability or developmental delay; and 3) Special education services are needed to address the disability or delay before the child enters Kindergarten.

I think this depends on what you are wanting from the school. If you think the benefit of "understanding his needs a little better" is outweighed by the possibility of a different placement, then you might not want to risk it. My advice would be to have the outside evaluation done as planned, but don't consent to a school evaluation until you receive the results. The outside evaluation results will give you a better idea of whether or not you even want/need any services for his suspected autism. If not, there would be no reason for the school to do an evaluation - so don't consent to one. If you do, they would then have the right to do an evaluation before considering additional services.

I would add that an argument could be made that taking recess away from him is discrimination IF the action for which he lost recess privileges was caused by/related to his disability. If the school will agree, it's best to have it written into accommodations that recess will not be taken away - just to make sure.