Carolyn Rowlett

Hi Kris. Since you mentioned you are working with an attorney, I will answer this in very general terms. Others on this site may also be hesitant to answer since you have an attorney. Just FYI. Your attorney will have more detail about this matter than we do and more legal knowledge of your state. But having said that, yes, Stay Put means services stay in place. Stay Put is more about services than actual location. A school district can change the location of where services are provided during Stay Put (for 45 days) if the child is a threat to themselves or others, but I'm unsure how school avoidance fits into this. Check with your attorney and make sure you have really good data to support your child's school avoidance.

Or are you asking if the IEP will be good after the student has been at a private school for a year and returns to the public school? The IEP does not follow a child to a private school. In some instances, the district in which the private school is located may provide some services, but they would not be as robust as under an IEP. Since you are voluntarily placing your child in a private school (as opposed to an IEP team deciding on an out-of-district placement), you are correct that you are "opting out of services," and I believe upon the return to public school you would need to start the process all over again to determine if services are still needed.

First, a bit of clarification. When you say "they did an IEP and found no disabilities," do you mean they did an evaluation? Also, just to confirm the timeline... Last school year was the one where he repeated Kindergarten, and this year he will be going into 1st grade (unless you can win your argument to move him ahead a grade)? Lastly, I'm not completely sure what happened with your request for an IEE. Did they deny that and so you paid for your own evaluation by the psychologist? With respect to the retention, have you contacted your state department of education to see if procedures (if any) were followed? Usually a parent must be involved in retention discussions. If they didn't follow state procedures, ask what can be done about that now. And ask what can be done moving forward to get him back into the proper grade. With respect to the denial of an IEP, did you get a Prior Written Notice with the reasons why it was denied? If the IEE was denied, did they take you to due process? That is required when an IEE is denied. But regardless of past actions and a probably insufficient school evaluation, from this point on you are definitely moving in the right direction. Hopefully they will agree to your request for another evaluation. If so, make sure he is evaluated in all areas of concern. It sounds like ADHD is your only concern, so make sure to request an evaluation in the area of social/emotional/behavioral (I understand you do not think it is a social or emotional issue, but sometimes all of these are lumped together into one category). But I would also ask for an evaluation in the area of academics, since they seem to be pointing to that area as a reason for retention (reading level, doesn't understand math, etc.) - though even if that were the case, it's not necessarily a reason to retain. If you don't have data to support his slow processing speed, you might need to request an IQ test that would encompass this. If you do get the school to do an evaluation but you don't agree with it, you can then request an IEE. It sounds like you are very prepared for the meeting with data and participants. Some additional suggestions: 1. Would his teacher from last year have any good feedback regarding the fact that he should not have been retained (maybe not that blunt) and if so, would s/he be willing to speak up? 2. During the meeting, every time the school says something you don't agree with, ask for the data to support that position. And when you make a request, show them the data. It's all about the data. Don't accept anything without asking for the data to support it. 3. If the principal (and others) still think it's a "social-emotional-maturity" issue, again, ask for the data. But also ask why, if they saw concerns in those areas, weren't supports put in place rather than retaining him? 4. Record the meeting. It appears that Wisconsin is a two party state, meaning you only need one party to consent to recording (that party being you). But sometimes school districts have policies against recording. Tell them you're going to record the meeting. If they cite a policy prohibiting this, ask for the WRITTEN policy. In the meantime while you are fighting the IEP battle, I would suggest concurrently pursuing the 504 Plan route so you can get him the accommodations for his ADHD (allow for slow processing time, accommodations to lesson stimuli and increase concentration, access to headphones, ability to stand and move, etc.). If you still do not get anywhere with this school district, you could consider filing for due process. It is usually recommended to have an attorney for this, but you seem to understand the data and could probably represent yourself. You might also hire a paid advocate to look over all the documents and make further recommendations and give an opinion on your chances at due process.

You would need to contact your state department of education to ask about procedures and forms for filing a state complaint. (It should also be in your procedural safeguard provided by the school district - if these were not provided, that is another procedural violation.) The benefit to your child would be (hopefully) having the state take a look at your school district's procedurals and forcing them to make changes. Also, knowing that you are an actively involved parent may make the school district react quicker to your requests and dot their i's and cross their t's better when it comes to your child.

First, I'm not an expert in this field, so hopefully others will weigh in. Charter schools are publicly funded, so the assumption would be that they do have to follow the IDEA. However, private schools often receive public funding, as well, and have to provide (or in this case, allow) services, but not to the extent that public schools do. It might depend on what the school's charter says. It also might depend on what state regs say in terms of charter schools. I would suggest contacting you state department of education and asking your question.

You can definitely ask for a re-evaluation prior to the tri-annual, as long as it has been one year since an evaluation was done. Ask for it in all areas of disability and concerns. As far as what to ask for specifically in math, I don't believe you have to ask for anything other than "academics in the area of math," but you would want the specific areas of concern evaluated, as well as whether she is meeting state standards. Once the re-evaluation is back, if you disagree with it, you can request an IEE. There shouldn't be a "fight" over this, since the school has to agree to it or take you to due process, which most school district don't do. All you have to say is that you disagree with the school's evaluation. You do not have to get into specifics of why you disagree - even if they ask you. But you will need to know what areas you want evaluated in the IEE.

It may be time to file a state complaint on the procedural violations of not having an LEA present at the meeting and therefore no annual meeting was held, making changes to the IEP without agreements, and failure to provide PWN's. In the meantime, keep requesting a meeting so that the state knows you're trying on your end.

Hi! Yes, the IEP process, specifically IEP goals and progress monitoring, is very overwhelming. In an ideal world, the school district should be ensuring the goals are realistic, aligned with needs, measurable, and adjusted as needed according to progress - all the things you mentioned. Unfortunately, that doesn't always happen. It sounds like you have some questions about the goals: 1) Are they realistic? 2) Are they aligned with my child's abilities and needs? You also have questions about the progress monitoring: 1) How are we going to be able to tell if progress is made or not made and how much? 2) How are we going to know when adjustments need to be made to goals and services, and will I be made aware of this? These are questions you need (and have the right) to ask the IEP team during a meeting. So ask for a meeting (you can ask for one at any time - you do not have to wait until the next annual meeting) and ask these questions. Make them explain it to you until you understand. Don't let them make you feel like you are "stupid" - you, as a parent, have the right to understand what's going on with your child. If you have a question, ask it. I would suggest doing so in a nice, non-confrontational manner (that works best - at first, anyway - with school districts), but in a way that let's them know that you intend to be an involved and informed parent. It's hard to give specific advice without knowing your child's disabilities, but in general (and I'm sure you read this on Lisa's website) goals should be Specific, Measurable, Attainable, Results-Oriented, and Time-Bound (SMART goals). Another website that might be helpful is below: https://www.understood.org/en/articles/how-to-tell-if-your-childs-iep-goals-are-smart Best of luck and reach out again if you need to!

Dyslexia is listed as a disorder under the definition of specific learning disability in the IDEA, so I don't know how NY doesn't recognize it. I don't know what ICT or MS is, but pulling a child from their home school right off the bat for instruction appropriate for dyslexia is a violation of least restrictive environment. They obviously have an OG program if they're using it for intervention, so I don't understand why they can't use that for special education. To answer your questions: A) No, this is not appropriate. If they don't have a program for dyslexic students, they need to purchase one (and provide the requisite training for their teachers); B) No they can't "declassify" (if by "declassify" you mean take away eligibility) because you don't agree with the IEP. They can only take away eligibility status if the data shows the child is no longer eligible. However, I'm a little confused on the timing. It sounds like you have already consented to services at some point (since they're asking you to revoke consent), so this must not be the initial IEP? Is this a revision? If so, was a meeting held? Did you receive a PWN for items you did not agree to? You may need to get an advocate or an attorney involved since your state complaints are not going anywhere. Or from a practical standpoint, if you like the instruction your daughter is receiving via intervention and she is making progress, maybe you just continue with that until and if she starts not making sufficient progress. Then you can start the IEP process again. This is not to say that the school is right in what they are doing - just that if you can't force them to do the right thing, look at options you can live with for a while. They are correct that you do not need special education status to receive reading intervention, but that does NOT mean that an IEP is not appropriate now or in the future.

I would request a meeting and make sure the principal and director were there. Ask for the 2:1 to be put in the services section or at a minimum the TA. I would also request a new or revised PWN setting forth that the 2:1 agreed to at the meeting was removed without another meeting being held and the reasons why it was removed.

That might be helpful, but I still think I would advise requesting a meeting so that you can ask why something was removed that was agreed to during a meeting. I would also advise asking for a PWN that states the 2:1 aid "agreed to during the meeting" (since you didn't actually request it) was denied and the reasons why. You might also call your state department of education, tell them the scenario, and ask what can be done. Finally, I would advise recording the next and all future meetings if you are in a one-party state. Given what has happened, that would not be an unreasonable thing to do. If you are not in a one-party state and can afford it, take an advocate with you or have one participate via zoom. At a minimum, take a friend or relative as another set of ears. If the school district takes notes during the meeting, ask for a copy of those notes afterwards.

I would reach out to the director of special education and relay what happened. If they are going to take away something that was agreed upon during the meeting, they need to hold another meeting - so request one. Also, at a minimum, the PWN should state that you requested a 2:1 aid, were denied this, and the reasons why.

Here are the three possibilities and pros and cons of each: 1. District provides the services without a 504 Plan or an IEP. The school district would have no obligation to monitor progress under this scenario, but they might. If they don't, she should monitor her child's progress in case these "voluntary" services show insufficient progress. If that case, she might want to request an evaluation for an IEP so that specific goals, minutes, and progress reports could be requested. 2. District provides the services by way of a 504 Plan. 504 Plans can provide "related services," which can include speech therapy. However, again, there would be no goals or progress monitoring with a 504 Plan. 3. District provides the services by way of an IEP. Specific goals, minutes, and progress reports could be requested. However, the IEP might be written so that the speech therapy is considered a "related service" and not "specialized instruction," meaning that goals and progress monitoring would not be required. My advise would be to go along with what the school is offering, but keep a close watch on progress. She can always request a 504 evaluation or an IEP evaluation to obtain data when she thinks that is warranted.

Let me preface my response with the fact that I do not have any experience with pre-elementary students. But a quick review of the IDEA shows that when a child reaches the age of 3, they move out of Part C (Infants and Toddlers) into Part B, which includes "all children with disabilities between the ages of 3 and 21." So I don't see how the LEA would not be responsible for FAPE in this situation. My first thought was to contact your state department of education. But I'm not sure what "IFSP" stands for. I'm guessing this is through the state? Even so, you could reach out to the department of special education and ask for clarification/correction on what you have been told by the case manager. If it is someone within the school district, I would go up the chain of command or jump straight to contacting the director of special education for the school district. My interpretation is that the school district is responsible for providing services AND transportation. However, you will need to establish that your child has a disability. I'm not familiar with what transfers over from Part C to Part B, so you may need to "start over" by requesting an evaluation, etc. Your state department of education and the district's special education director should be able to assist you with the process.

The Council of Parents Attorneys and Advocates would be the best organization to go to for a strong attorney recommendation in the areas of law you list.

Hello. Compensatory services are very complicated, but I will attempt to answer each of your questions below: 1. Although you should check with your state department of education, generally, compensatory services do not have to be provided on a 1:1 basis. It depends on how much progress (or lack of progress) the child made after being denied the required services. To determine this, you may need to request an IEE to show that the child could have made more progress had the required services been given. The goal is to get the child to the point they would have been had the services been provided, but this does not necessarily mean that make-up services have to be 1:1. 2. ESY and compensatory services are two distinct services based on two distinct determinations and cannot be provided concurrently. 3. Who can be a "Reading Specialist" is likely defined by requirements set forth by your state department of education. A general education teacher may very well meet the definition depending on his/her training in early intervention reading, etc., or whatever the state requires. But if the IEP states "Reading Specialist," it has to be someone that meets this definition. I do not think a PWN would be appropriate to deny something already written into an IEP. An amendment would be the correct route, but I would fight that. 4. If they are not using Wilson and that is written into the IEP, they are in violation. I'm surprised they stated a specific methodology if they can't/won't use it. The problem you might encounter, however, if you tried to enforce this by way of a state complaint or due process is that the state or hearing officer would be sympathetic to the school district if they could show the methodology they are using is comparable to Wilson. Again, they should amend the IEP if they are not going to follow it. A PWN does not give a school district a pass on implementing what's already written into an IEP.

A child should always get all intervention they require to make them successful regardless of the eligibility category. If the primary disability is SLD, they should still receive goals, services, and/or accommodations for anxiety if the evaluations show they are needed to access the general education curriculum. If the primary disability is OHI, they should still receive goals, services, and/or accommodations for SLD if the evaluations show they are needed to access the general education curriculum. Your child's life should not be ruined either way because they school district is required to provide needed interventions in all areas of need. Having said that, I feel the primary disability is important, because that tends to be how the teachers view the child. Do you want the teachers to think your child's anxiety is the bigger problem or the reading comprehension. Also, what do you as a parent feel is affecting your child the most - the anxiety or the reading comprehension? But it will also depend on what the evaluations say, and it sounds like the school district may argue that the data points to OHI -but make them PROVE that if you disagree. I'm also very suspect when school districts want to avoid the SLD classification. They may feel that this holds them to a higher standard, such as providing evidence-based multisensory structured instruction, even though my thought is this is required even if SLD is a secondary category. There also might be state laws that kick in regarding SLD's that they're trying to avoid. Go with your gut - you know you child the best. But also be prepared to back up your decision by referencing data in the evaluations and (if you think it will be helpful) asking the general education teacher what s/he feels is your child's bigger obstacle.

You could try asking for a meeting and agreeing to excuse all the required team members who, by contract, are off for the summer. But I don't know who that would leave you with or if the school would even agree to a meeting under those circumstances. You might also try asking for an informal meeting with the director of special education IF s/he is contracted year-round and IF s/he would agree to it.

You need to file a state complaint alleging a compliance violation in that the school district did not allow the general education teacher to attend the IEP meeting.

First, I would want to confirm that this was purposeful and not just a mistake or technical glitch. Did they actually PROHIBIT her from joining the Google meet when she attempted to? Also, was this teacher listed on the Notice of Meeting? Second, how old is your child? The reason I ask is that if s/he is in grade school age and only has one general education teacher, then yes, this is illegal because a general education teacher is a required IEP team member. But if your child is in middle or high school and another teacher was present, it might not be illegal, because only one is required. We try not to guess why school districts do what they do on this site, but my guess would be that the general education teacher was bringing data to the meeting that they didn't want presented. For instance, the teacher would have information on how far behind the child is academically or how much the disability is affecting his/her participation in the educational environment (without knowing the specific disability, it's hard to say). They should want this information, but they might not if they don't want to provide services.

Are you inferring retaliation? Ask for the policy/standards for determining academic achievement awards. (It's hard to say just knowing the GPA and percentile ranking, as I'm sure every school has different standards and there are all different types of "achievement awards.") If your son meets any of those and didn't receive an award, there's your grounds for retaliation.

First, you need to make sure you are keeping a log of all of these incidents. Second, as soon as you are made aware of an incident, ask for a copy of the nurse's report. All the scenarios you mention above should have resulted in a visit to the school nurse. Third, request a team meeting. It's not clear from your post if she is on a 504 or an IEP. Either way, a discussion needs to be had about how to keep your child safe. She may even need a 1:1 aide. Also, tell the team you are going to put a body cam on your child because she cannot convey verbally what is happening. Check with your state department of education regarding this because all state laws differ, but the consensus is usually that children can wear these in areas where there is no expectation of privacy, which in a school is just about everywhere except the bathroom. Finally, there is probably a way to report these injuries as potential abuse that should be investigated - either through the school district's own procedures or through the state department of education.

Welcome to the group! You might check with your state department of education, special education division. Sometimes they have a list of when a PWN is required.

If a behavior is related to a disability, you absolutely cannot punish that student for the behavior, which includes prohibiting them from participating in activities in which his non-disabled peers are participating. That is discrimination based on his disability. If he has an IEP with behavioral goals, that means the present levels show he struggles in that area due to his disability; therefore, excluding him based on behavior stemming from the disability would be discrimination. You need to reach out to the director of special education who should know this.

The first question this site would need the answer to is: Are you overseas 3-4 years at a time due to one of you being in the miliary?