Carolyn Rowlett

Hi Stacey. In my opinion, you're not at the point of needing a lawyer. An advocate, maybe, but see the below first. The school doesn't need a "program" to work on written expression goals. I'm assuming from your post that your son has a goal for written expression. If so and he is not making sufficient progress, the services should be changed in some way (sufficient progress is not necessarily meeting "his potential"). The school shouldn't "always" be able to show progress if the goal is written is a correct, measurable way with a baseline and the child is not, in fact, making progress. When you say the "psych eval," do you mean the school evaluation or an outside evaluation you obtained? If it's the school evaluation and you believe that evaluation is not enough to get him the necessary services, the first step (even before getting an advocate) might be requesting an Independent Educational Evaluation (IEE), which the school has to provide at no cost to you (or take you to court to prove they don't have to provide it). Once the results of that evaluation come in, the team will hold a meeting to consider those results (they only have to consider; they don't have to use them) and at that time you can (hopefully) show his lack of progress and push for different services.

Usually what occurs (but you might check with your state department of education), assuming you can give the new school district a copy of the current evaluation and IEP, they must provide comparable services to what is listed in the current IEP until they either accept this prior IEP or develop and implement a new IEP. If they do not agree the current evaluation report, they must initial a re-evaluation. During the the time the re-evaluation is being conducted, the school district must implement the current IEP or provide comparable services. Bottom line: There should be no gap in services until and if the new school district has data supporting removal of the services.

Federal law defines educational impact broadly and that it can include social, behavioral, and emotional domains. There is no quantifying measure. But you might check your state's eligibility indicators. I do not think 15 minutes is reasonable. That's a lot of instruction time that is being missed in a one hour class. What you need to get the team to focus on is whether the student can access the educational environment the same as his/her peers. If not and it's due to a disability, then it is an educational impact. Other factors than time should be considered - are grades dropping, is s/he understanding the material, can s/he repeat back instructions, etc. Besides, how would you know how much time the student isn't focused? How are they going to measure that? Other than pointing to the things listed above.

First, you need to insist that the IEP be followed in terms of your student getting the teacher notes. I don't know how it reads, but unless it states "upon request of the student," they should be provided automatically. It doesn't matter that he's in high school now - not an excuse for not following the IEP. Reach out to the case manager about this. If it does state "upon request of the student," try to get the language changed, which may require data that he is not able to self-advocate yet. But I understand that from a practical standpoint, it may not happen. In that case, in most high school now, teacher notes are provided on Canvas or some other platform shared with students. (I do realize there would still be the problem of reading those notes, which I will get into in the next paragraph.) As far as tools for note-taking, if notes are on the whiteboard, ask for the accommodation of taking a picture of the notes. If they are lectures, as for the accommodation of recording the lecture. I don't know of any tool that will determine the important information from notes. Does your student have access to text-to-speech? That accommodation reads text to students and is very widely used by not only special education students, but all students. You definitely need to ask for that accommodation, as well as training for your student on how to use it and how to use it without embarrassment (earbuds?). You didn't mention this, but another common accommodation for dyslexic students is speech-to-text to help them with their writing. There are tools (such as a C-pen) that will read a paper document back to a student. Ask for such a tool to be included in his IEP accommodations. But those would not have the ability to take notes and determine important information. Maybe there is an AI program out there that could do this? You may need to ask for an IEP meeting to discuss your concerns. A dyslexic student should not be expected to take notes if the note-taking process is so difficult that it keeps him from accessing all the information that is being presented. The IEP needs to be followed. Tell the team what he is struggling with and ask what can be done.

I would not want the category of ED on my child's IEP (even if not primary), unless the child truly does have an emotional disturbance. There is a big difference between seeing "ED" on an IEP and writing off behavior as something that is inherent in the child and instead working to address the issues that are causing the behavior (failure on the part of his team to understand him/relate to him, frustrations with dyslexia/dysgraphia and lack of instruction/support, etc.). ED may give the IEP team and his gen ed teachers an excuse not to address the behavior properly. Request an IEE. When the results come back and an eligibility meeting is scheduled, make sure you have read and understand your state's criteria for ED and use the specific criteria and the results of the IEE to strenuously argue that he does not fall under that category.

Perhaps you need to request a Functional Behavioral Analysis and then a Behavioral Intervention Plan? So that the underlying causes/triggers of his behavior can be fleshed out, a plan can be put in place to address the behavior, and teachers can receive training to implement the plan. Instead of just sticking the label of ED on him to explain the changes in his behavior.

I believe you would need to get the program written into the IEP in order for the school district to be held responsible for transportation to the program. It being "required by an outside team" is probably not enough. I would try to get a provider (maybe by way of an IEE?) to say that the child needs this program in order to receive FAPE. Then you could get transportation covered. If not, is there anyway to get the state to provide something?

Great question! I haven't come across this issue or researched it, but my thought it that since it is the home district's responsibility to implement the IEP, it would be their responsibility to provide transportation whenever the out of district placement has school and the student is expected to attend. However, from a practical standpoint, I would give a little grace depending on what the transportation is. Such as if it's a school bus and under their contracts the drivers don't drive on certain days, etc., or if it's a cab or Uber that can't get there due to snow, etc.

There are several PA people on this site that I'm sure will respond, but my advice would be to call the state department of education and ask.

I'm not sure that the goal to stop what she is doing and Cath relates to this particular situation where she was asked to begin packing up and leave, but I may not have all the facts. l would suggest adding an IEP goal about following instructions (within so many minutes, within so many prompts, etc., and gradually reducing the minutes/prompts) and relate it so the present levels of executive functioning and task initiation. I would also add an accommodation for being late to class. But in the meantime, if you can tie this behavior to her disability, then no, this is not an appropriate response from the teacher.

The law governing special education (IDEA) states that re-evaluation MUST occur every three years UNLESS BOTH the parent and school district agree it is not necessary. So I would suggest reaching out to the school district and asking if you can agree not to do a triennial re-evaluation. State your reasons for it being unnecessary in your email - progress reports and other documentation is sufficient to determine continued eligibility and revision of IEP, etc. Also, if the testing is difficult on your child or s/he would miss too much (maybe they're in high school now?), you could point that out. You might also reach out to your state department of education (special education department) for any guidelines they might have on this issue.

My first question is: Did the team agree to the two accommodations during the meeting? If so, your argument should be they need to put in the accommodations that they agree to during the meeting held to develop the IEP document. My second question is: Is it possible the special education teacher just spaced off the rest of your email? Have you received the final copy of the IEP and does it not include those accommodations? You might try responding to the email with "so what about the accommodations of x and y not being included?" You may have already done this, but it would be helpful to provide some reasons why both of these accommodations are necessary. For the reading aloud, point to data that might show her accuracy is low, her fluency/rate of reading is slow, and her prosody is poor - all of which would be very embarrassing for her reading aloud. For the extended time on tests, ask teachers how often she fails to finish tests. For both accommodations, it would also be helpful if you could point to recommendations in an outside evaluation (if you have one) that list both of these accommodations. If the school continues to hold their ground on this, ask for an Independent Educational Evaluation (IEE) to hopefully get these recommendation. (The school will likely cave at this point - it wouldn't be worth them having to pay for an IEE.) Yes, the accommodations should be in the IEP document, even if the teachers are following them. For the following reasons: 1) The IEP year will extend into the next grade level, and you can't be sure what next year's teachers will do 2) You always write an IEP with the mindset that you could move - and you can't guarantee that the new district will follow this without it being in the IEP. If you receive a response that they are not going to add these accommodations, request (in an email) a PWN stating that "although the team agreed to these accommodations at the meeting, the team decided not to provide the accommodations of x and y." You probably won't get it, but you will have it documented in an email. I would also request another IEP meeting to discuss why the team decided to exclude these accommodations. At some point, it will just be easier for them to include them.

It would depend on the state. Section 504 is a federal law, like the IDEA, but unlike the IDEA, many states do not codify it in any way or provide any complaint procedures. Many just direct you to OCR. Some might provide for administrative hearings. I would check with your state department of education. Also, many school districts have written internal policies for resolving 504 complaints, a hoop you may have to jump through first.

I agree that the 504 student should probably get something different if the "chunking" is not alleviating the issue (the issue being not completing the work). But you would need to determine WHY the student is not completing the work before you can determine the appropriate additional accommodation.

I should have further explained the process to you. I'm not sure what state you are in so the process might differ in your state (I would suggest reaching out to your state department of education and see if they have something like a parent handbook to explain the special education process - many do), but here is what may happen after you make your request for an evaluation. The school will hold a meeting to go over existing data (a RED meeting - review of existing data). Then they will either grant or decline your request for an evaluation. (If they decline, so straight to asking for an IEE.) Once granted, they will have you sign a consent form. They should have the consent form ready to go at the RED meeting, but if they don't, pester them until they get it to you, because the date you sign consent is the date the timetable starts running (60 days), and you want that to start that running as soon as possible. After the results of the evaluation are in, they will schedule a meeting to go over the results with you (will probably be called an "eligibility meeting"). Ask for a copy of the results ahead of the meeting. (Your success in getting this will depend on the state you are in - some states require this by law and some don't.) Try to go over them with someone who can explain them to you - an advocate, your pediatrician, etc. If you son is found eligible at this meeting for a specific learning disability, the school will then schedule another meeting to revise the IEP and put in goals and services for this new eligibility category. If he isn't found eligible, request an IEE (in writing). By the way, you don't have to punt the goal for self-monitoring just to add additional goals. It's not an either/or situation. If he needs both, he should have both.

When was the last evaluation done in any area and in what areas? You can request an evaluation at any time (it helps to include reasons why you want an evaluation, such as the things you mention above, grades, teacher comments). You can bring it up at an IEP meeting, but you MUST request it in writing (email), so I would do that now rather than waiting for a meeting. Some things to keep in mind. If the school has done an evaluation in an area (for instance, academics), you must wait a year before requesting another one. If you don't agree with the school's evaluation (for instance, they did not find him eligible in a specific learning disability, which it sounds like they didn't, since he doesn't have any goals in that area), you can request an Independent Educational Evaluation (IEE). The school may ask, but you do not have to give a reason for requesting the IEE other than you disagree with the school's evaluation. (You might want to specify what areas you disagree with; for instance, you may agree with their behavioral assessment but not with their academic assessment.) If the school refuses to provide the IEE, they must take you to court (so schools usually just provide them). It sounds to me like he needs to be found eligible for a specific learning disability in both reading and written expression and given goals and services for both. If that hasn't happened yet, definitely ask for an evaluation - in writing.

Just for clarification purposes, when I used the word "transition" above, I was referring to the transition from the charter school to a new school - not transitioning from high school to post-graduate life. As JSD24 pointed out, that is a separate issue that the new school will have to look at when the student turns 14.

It is my understanding that charter schools are considered public schools for purposes of an IEP because they are publicly funded. If so, the obligations of the public high school you are transferring to would be the same as if he were transferring from another public school. Those obligations are to either accept or reject the previous school's evaluation and IEP. If they accept, they must implement. If they reject, they must keep the "old" IEP in place until they conduct their own evaluation. I would suggest reaching out to the new school NOW to discuss transition and what documentation they will need. I would also ask for a meeting with the special education team to discuss your concerns regarding the transition. Finally, since all states are a little different, I would advise reaching out to your state department of education (special education division) and ask them what the procedures are for transferring from a charter school to a public school.

To answer Nona's question... IEP's are definitely NOT limited to academics and speech. But you say he has an IEP for social skills, so that would not be academics or speech, so I'm a little confused. Did you ask for a goal under social skills for self-advocacy? If you disagree with the school evaluation, you need to request an Independent Educational Evaluation (IEE). You do not have to give a reason other than the fact that you disagree with the school's evaluation. Make sure the IEE addresses your concerns of academics and self-advocacy. After the results of the IEE come in, the team will have to reconvene to discuss the results and hopefully add some goals based on the new evaluation, if warranted.

With the prevalence of Zoom, advocates work (and attend meetings) remotely all the time. I'm assuming from your post name you are in Wisconsin? If you cannot find an advocate in Wisconsin, advocates can work across state lines, so you might find someone from out of state. I would try calling your state's department of education before hiring an advocate to see if they could assist in any way with the issues you're having. Specifically, the department of special education. Explain that the school district is not implementing the IEP correctly as it is not providing the minutes set forth on the document.

With respect to the IEP year prior to the one that started three weeks ago, I would send another (written) request to the spec ed director asking for documentation of minutes for that IEP year. I would also state in that same email that if you do not receive the documentation, you feel you have no choice but to file a state complaint to get that information. If you do receive the documentation and it shows minutes were missed, reach out to the team (copy the spec ed director) and ask for an offer of FAPE as to how they intend to provide compensatory minutes. (Although it varies by state, even if you are owed minute for minute, I would suggest being willing to compromise.) If you do not receive any documentation, move forward with filing a state complaint on the issue of minutes provided. With respect to the current IEP year (that you're three weeks into), again, reach out to the team and ask how they intend to make up the lost minutes. For these, I would be less willing to compromise now and moving forward. Although you can extend the school district a little grace for staffing issues, it should not last for three weeks. They need to figure something out whether that be hiring more staff, contracting the work out, reimbursing you for tutoring, etc.

Hi Christi. I'm in Missouri. How old is the student? Does a provider (therefore, data) say that this is recommended? Did you ask the school specifically why it can't happen - attendance laws, etc. - and what they're basing this on? I would suggest calling DESE and asking based on your fact pattern.

I would assume this evaluation is pursuant to the local school's obligation under Child Find. An evaluation has to come before a determination of eligibility for special education, then after a determination of eligibility (assuming eligibility is found) a meeting to draft the IEP is held. So no, what is scheduled is NOT an IEP meeting and only an evaluation. You do not have to consent to having the child evaluated. Did you sign anything? It would have been a consent for evaluation form. If you did, you can reach out to the school and revoke your consent. In extreme cases, the school could take you to court (due process) to order the evaluation, but I don't think they would do that if you explained to them you are in the process of getting him into a private school. I don't know what ESA is and so can't speak to how funding would be affected. I would suggest reaching out to that process and ask that question directly to them. This level of disability is not my expertise, so hoping others will chime in to correct or add to my answer.

This math instruction (link below) is supposed to be amazing for children with math disabilities. It's less than $1,000 to train an educator. See if the school might agree to send a teacher or someone to this and then provide you son services under this program. www.asdec.org/Multisensory-Math-1

Hi Brooke. I agree with you that this goal a bit much for one goal. I would also think it would be a nightmare in terms of progress monitoring and data collection for a SLP. I would ask specific questions such as: 1) How are you determining whether he "participates in collaborative conversations...?" What specific skills are you teaching? Making eye contact? Conversational turn-taking? I think an actual skill needs to be identified in order to teach it and then collect data for it. I would ask these questions for each of the items stated in the goal and then ask that each skill set have it's own goal and data tracking/progress monitoring. 2) What does "minimal support" mean? I know they have given a percentage (25%), but what does this actually mean? That he will initiate conversations 3 out of 4 times on his own? Not walk away from a conversation 3 out of 4 times? Maintain eye contact without prompts 3 out of 4 times? And so on for the other skill sets. They need specificity. Here is a link to Lisa's social skills goals: https://adayinourshoes.com/social-skills-iep-goals/ As far as the minutes, I would make the argument that the goal is always to work toward the least restrictive environment (being able to transfer the skill set being taught in spec ed to the general education classroom). Taking away push-in minutes and adding more to the spec ed setting is going backwards and especially shouldn't be done when he is making progress.