Carolyn Rowlett

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.

It might either be an amended IEP or a new IEP. If the re-evaluation was done because the annual IEP meeting is coming up, the IEP developed at the annual IEP meeting would be a "new" IEP and have new start and stop dates based on when the meeting is held. Even though an IEP is in place, schools often refer to it as the "new" IEP; but there is no gap or loss of services between IEP's - special education services continue seamlessly regardless of a new IEP document being developed. If it was not done pursuant to the annual meeting, it could be either an amended IEP or a new IEP, perhaps depending on how many changes the re-evaluation causes the team to make to the IEP document. If just a few simple ones, it would probably just be an amended IEP. If significant changes are made and the timing is close to the annual IEP date, the team could decide to go ahead and draft a new IEP. The difference would be that the amended IEP would most likely have the same start and stop dates as the current IEP (unless those were also amended), and a new IEP would have start and stop dates based on the date the new IEP was implemented. After a re-evaluation (or any evaluation) is done, the IEP team has to meet to go over the results and make changes to the IEP, if warranted by the new data.

Let me preface this with the fact that I am not an advocacy expert in autism. However, procedurally, I can give you some pointers. First, push hard for the PWN. You are absolutely entitled to this. Look up and refer to your state's law/regulation on this and/or your state's department of education guidelines and compliance standards and refer to them in your request IN WRITING (email is fine). If this doesn't work, file a Child Complaint with your department of education citing failure to comply with required PWN procedures. Second, request an Independent Educational Evaluation (IEE). Assuming your state is similar to others on this issue, you do NOT have to provide them with a reason for this request, but the reason would be your disagreement with the decision that the sensory issues set forth in the school's evaluation do not affect him in the academic setting. The IEE will be at "public expense," so you do not have to pay for it. Hopefully, the IEE will come back with a direct correlation of his sensory issues to academic impact and will make recommendations for services and/or accommodations. If accommodations only, you may have to go the 504 Plan route for now until he is older and there is more proof of the academic impact.

Parents, just make sure the school is doing everything they should for your child's ADHD. There are many accommodations that can be put in a 504 Plan to address ADHD and executive functioning skills, and both accommodations and goals for ADHD can be made part of an IEP. You should be able to find recommendations for both on Lisa's website. Also, make sure whatever is being used at school is compatible with any outside service you use, so that your child does not have to learn and remember two different sets of strategies. Having said that, you may find that an private service is superior to the school's proposal and implementation of accommodations and/or goals, in which case you could choose to work solely with an outside provider.

I am a special education attorney licensed in Missouri. I specialize in Specific Learning Disabilities, but handle cases involving all disability categories.

I am a special education advocate accepting clients throughout Missouri and Kansas. I specialize in Learning Disabilities, but handle IEP's and 504 Plans for all types of disabilities.