Carolyn Rowlett

Yikes, is right! Yes, if you had this conversation with the general education teacher verbally, you need to follow it up with an email stating "just to confirm our conversation on such-and-such date, in response to my inquiry regarding my son's IEP, you stated.... If you feel this is incorrect in any way, please respond to this email." Include EVERYTHING he said - he doesn't read IEP's, you should maybe speak to the special education teacher about moving him to the spec ed room, etc. Unfortunately, this could put you in a very awkward position with your child's classroom teacher, but it's probably necessary. You might want to reach out to the principal about changing classrooms. This sounds like the kind of teacher who is set is his ways and may not ever abide by the IEP document, and may dig in his heels even more when you start insisting that it be followed. I agree that you should reach out to the IEP coordinator for the school (I would inform him/her of your conversation with the classroom teacher immediately and regardless of whether or not you receive a response to your email.) Then I wouldn't let much time pass before you then follow up with an email to the school district's director of special education. This was a very egregious statement made by the teacher and an immediate response and escalation is warranted. I would suggest comparing the accommodations on your son's IEP with those listed on Lisa's website for learning disabilities, ADHD, and Autism and make sure you have everything that applies to your son. If not, reach out to the IEP team and request a meeting to get those added (they also could add them without having a meeting, but given the general education teacher's attitude toward IEP's, a meeting is probably a good idea for this reason, as well). Specifically and from reading your post, I would suggest an accommodation for homework - "student should not spend more than 1 and1/2 times on homework than his peers" is a very common accommodation for all three of these disabilities. With regard to math in particular, a modification of the homework can be written into the IEP that he only has to do even problems, as long as mastery of the topic is shown. Is the reading he is required to do on the grade level that he is currently able to read? He should not be asked to read a passage above his ability, unless he is given the accommodation of text-to-speech. Also, I would want it added into his accommodation that recess cannot be taken away from him if he does spend the requisite amount of time on homework and still does not complete it - a student cannot be punished for something that is a result of a disability! This should be brought up in the meeting, as well. Just curious... If you son has a learning disability, why is he not receiving services for this? Do his scores show he needs these services in either math or reading; i.e., how far behind is he?

It might come down to a matter of semantics. If the IEP states, as you do above, that the parent is "permitted" to attend all field trips, you may be out of luck. "Permitted" does not necessarily imply that the school will pay for it. However, if a parent attending a field trip is listed under accommodations as something that is necessary for the student to be able to attend field trips with his peers, then that accommodation (as any other would be) would have to be paid for by the school. If this is not the exact wording in the IEP document, I would get that changed. Because it does sound like this is a necessary accommodation.

The school CAN provide accommodations under the ADA and other disability laws, if applicable (but I'm not an expert in these), but they don't HAVE to provide suggested 504 accommodations until they do their own evaluation and implement the 504 Plan. For a 504 Plan, the disability and accommodations have to relate to accessing educations. Also, some providers may not establish that link.

You would need something more recent, anyway. When was the most recent school evaluation? It may be time to ask for a new one (if it's been at least one year since the last one). Ask for one in the area of academics. If you don't like the results of the school evaluation, you can ask for an IEE (as referenced in my earlier response) in the area of academics. It's also quite easy to determine all three of these. (The school should be able to do this, but you might want to confirm it for yourself.) Whatever reading level you think she's at, go back one level and print off a passage from the Internet for that grade level (so if you think she's reading at a 6th grade level, just to be sure, make sure she's good at a 5th grade level first). For accuracy, have her read for 60 seconds, subtract the number of errors (do not count inserted words or the same word missed more than once) from words read, divide by the number of words read, and multiply by 100: RAR = (WR - E)/WR x 100 [RAR is reading accuracy rate; WR is total number of words read; E it total number of errors] As stated above, she should be reading at at least 95% accuracy to be considered reading at that grade level. Fluency is "words correct per minute" or wcpm. [Sometimes it may be written as just wpm (words per minute), but it is important to count errors and get the CORRECT words per minute. If the school insists on wpm, just make sure the accuracy is also calculated and is at least 95%.] To determine fluency, have her read the passage for 60 seconds and take the total number of words read minus the errors to get wcpm. Comprehension is determined by having her read the grade level passage and asking 5 comprehension questions about it. She should get 4 out of 5 before moving on to the next grade level. (That's actually 80%, but I think I stated 90% above.) A lot of times when you're searching the Internet for grade level passages, they will come with comprehension questions. But you can make up your own.

A diagnosis in and of itself does not qualify a student for a 504. The data must show that the disability impacts the student's ability to receive an education. Think about why you want a 504. Does the disability slow down the student's reading and thus they need extended time or text-to-speech? Does the disability mean the student is spending more time on homework than their peers, so the accommodation for "no more than 1 and 1/2 times spent on homework than peers" is needed? Does the disability affect the student's written responses, so that additional time is needed or oral responses excepted? You've got to be able to show why the disability is affecting the ability to receive FAPE in the same manner as peers and base the request for a 504 and accommodations on that. Also, Emily is correct that you need to think of 504's and IEP's as distinct items. With respect to the IEP and the school district not finding eligibility when a discrepancy exists, I'd file a state complaint or go to due process. Unless I'm missing something here because it's in PA... You state there is a discrepancy and school district uses the discrepancy model, so what's their issue??

Let me preface that these suggestions for goals and accommodations are without knowing what your child's evaluation/present levels show and without seeing a copy of her IEP. In other words, some may not be applicable and will need to be tweaked. I suggest that if you do not have a recent school evaluation, that you request one (to confirm that she is "doing well," as they state.) You can request a school evaluation once a year. If you do not agree with the school's evaluation (you don't think she's doing as well as their evaluation shows), request an IEE (Independent Educational Evaluation). You do not have to give a reason other than "I do not agree with the school's evaluation," and the school must agree to the IEE at no expense to you or else must take you to due process. I will first address the specific issue regarding the states and capitals. You can ask for modifications to this assignment/assessment; for example, she is only responsible for 1/2 of the states (or more or less) and only the capital of the state she lives in (I would STRONGLY request she not be made to know the spelling of any other capitals - maybe just be given credit if she KNOWS it and can either state it in a verbal assessment or get close enough spelling-wise for it to be ascertained by the teacher). The states chosen could be based on those that follow spelling rules (which is a lot, because any vowel can make the schwa sound) - Alabama, Alaska, California, Delaware, Florida, Idaho, Iowa, Kansas, Kentucky, Minnesota, Mississippi (although in these last two the double consonants don't really follow a rule, so could be skipped), Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota (although the "k" is irregular), Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. (This is assuming she has been taught all the spelling rules.) The list should also include the state she lives in regardless of whether it follows the spelling rules. An accommodation you could ask for is that she be allowed to take multiple assessments; in other words, she is tested over 1/3 of the states one day, 1/3 another day, and the remaining states on a different day. (If they insist on capitals, as well, ask for the modification set forth earlier - either she be allowed to state the capitals verbally or get "close enough" on spelling.) As for goals, again, without knowing her specific present levels, it is difficult to help you with exact wording, but what you want addressed for her reading is accuracy, fluency, and comprehension - in that order. You need to start with the lowest grade level at which she is not yet at 95% accuracy (the recommended accuracy rate for an independent reading level). If she has 95% accuracy at a fifth grade reading level but not sixth grade yet, make sure her fluency is at a fifth grade level (download the Hasbrouck & Tindal chart to see what this is), as well as comprehension (should be at least 90%). If she has met all three for 5th grade, move on to a sixth grade level (if not, write goals for fluency and comprehension at a 5th grade level) - start with accuracy, then fluency, then comprehension - and then move on to 7th grade, etc. Suggested wording below: By the end of the IEP year, student will read a (5th grade?) passage at 95% accuracy on 4 out of 5 data collection days. By the end of the IEP year, student will read a (5th grade?) passage at 119 words correct per minute (*this is the 25 percentile for end of 5th grade in the chart referenced above - team will decide actual number) on 4 out of 5 data collection days. By the end of the IEP year, student will answer 4 out of 5 comprehension questions after reading a (5th grade?) passage on 4 out of 5 collection days. Common accommodations for dyslexia include: 1) Do not require student to read aloud in class unless volunteers or is given passage ahead of time; 2) Do not require student to take notes or copy from the board - provide teacher notes before and/or after class (or allow to tape record lectures); 3) Allow speech-to-text and text-to-speech for assessments and assignments; 4) Allow extended time on class and standardized assessments; 5) Allow extended time on assignments (two days is common); 6) Do not require student to spend more than 1 and 1/2 times on homework that her peers do (one way to reduce homework is to state "once mastery is shown" - in other words, don't have her do extra problems when she has shown that she understands a concept); 6) Do not penalize for grammar, spelling, or punctuation, unless that area is being assessed. Hope this helps! Carolyn

Hello! This is my area of expertise! I have lots of ideas, but wanted to respond now to let you know you'll be hearing back from me. I need some time to pull some things together for you. In the meantime, can you let me know what state you are in? Thank you, Carolyn Rowlett

I just realized I still may not have answered your question. If the data shows the need for a 504 or an IEP, then no, RTI cannot replace this and does not eliminate the need for either.

I am not in PA, so only responding from a general IDEA and 504 standpoints. Emily is correct that a school district cannot use RTI to delay evaluations for either a 504 Plan of an IEP. However, you may be asking if the school district can deny a 504 or IEP even after it does its own evaluation when the student has a diagnosis of something like dyslexia. With respect to an IEP, the answer is "yes." A school district can deny an IEP even to a student with a diagnosed disability. The key to qualifying for special education services is what the data (present levels) shows - not a diagnosis. A student with a diagnosis of dyslexia may not have low enough scores to quality. Qualifying for a 504 is less stringent. A disability is required, but that disability must impact the student's ability to receive an education. A disability is defined as a condition that impacts a basic life activity and included physical, emotional, and cognitive disabilities. However, as with an IEP, having a diagnosis is not a slam dunk. The disability must be impacting FAPE.

Unfortunately, I know of at least one state that has made a determination (after a state complaint was filed regarding this issue) that school districts do not have to "copy and paste" parent concern letters into an IEP document. So you may not get your exact wording in the document. HOWEVER, the school district DOES have to put all your parent concerns (that are related to the IEP) in the document whether by way of copying and pasting or paraphrasing your words. If they do not, ask for the refusal in a PWN. If they refuse the PWN, file a state complaint.

That is NOT an acceptable option and it is NOT their only one - it's the only one that is "convenient" for them. But it's not about the school district's convenience - it's about what the needs of the child are, and it sounds like you have ample data/evidence (the pediatrician's letter) that he shouldn't be on a bus this long. I don't know what state you're in and you can check your state department of education's website and/or call them, but when a child with an IEP changes districts, the new district usually has to either accept or reject the evaluation from the previous school district. If they accept it, they will need to follow the "old" IEP. So ask them point blank what in the IEP document they are unable to provide within a 30 minute bus ride. Then brainstorm with the team ways to provide those services within a 30 minute bus ride. Sometimes when you make them come up with specifics, they can't. They just want to bus the child off somewhere. If the school district rejects the previous school district's evaluation, then they have to do their own and come up with a new IEP document. In the meantime, the "old" IEP stays in place and the new school district has to provide comparable services until a new one can be put in place. If the school district insists on busing him, you need to decide if you want to do that temporarily until the issue is resolved. If you do, ask the aid EVERY DAY how he did. I would even ask to view the video footage from the bus every day. By doing these things you are collecting data to show the school district that the 60 minute bus ride is not good for him. However, I'm guessing since your pediatrician said it could affect his health, that you don't even want to try this option. In that case, you may need to pursue options in your procedural safeguards. I don't usually recommend jumping to due process, but this is very time sensitive and needs to be addressed immediately - if he doesn't take the 60 minute bus ride and the school district doesn't offer an alternative, he will be without FAPE daily. I would actually do four things at once: 1) Request another meeting and have your pediatrician attend. (You may have to pay for her time there, so make sure she can provide her advice/opinion at the beginning of the meeting and then leave.) 2) Ask for an IEE (Independent Educational Evaluation). I don't know if this is possible, but the best thing would be if the provider could actually ride with your son and observe his reactions to long bus/car rides. 3) File a state complaint (although those tend to drag through the system way too long). 4) File for due process. Normally, you would be advised to hire an attorney for this, but it seems to me to be a pretty slam dunk issue that you could handle on your own with your pediatrician there. Also ask for compensatory services for any time he was without FAPE because he couldn't do the 60 minute bus ride.

I would take what they've offered so that you can get the accommodations. Software issues can take a while to resolve IF they even feel the need to do so. If they attach the accommodations to the IEP document and they are referenced in the IEP document, you should be fine.

I think you should definitely address this. My main concern would be the elopement risk. Now that she is in gen ed for more than one hour, are they addressing this issue in the new environment? It's one thing for a general education teacher to make sure an elopement risk student is safe for one hour; it's a whole other thing when it's six or so hours. (And what about lunch and recess and specials? I'm gong to assume those have been taken care of in the IEP...) I wouldn't want to wait until the scheduled IEP meeting in September (unless it's scheduled for early in the month). You need some assurances immediately about her safety. I would approach the subject (and a request for a meeting ASAP) in the same manner that you worded this post. How much you like all the teachers, are happy she's can be in gen ed more, but due to past experiences, you are fearful this will not last and want to make sure the teacher is prepared for the possibility of elopement. You also want to request that you be notified of any placement changes in the future prior to implementation - just so it can be discussed with you ahead of time. Stress the safety issue - schools shouldn't think a parent is "crazy" for wanting to make sure their child is safe. Soft language can be used now. But if that doesn't work, I am happy to draft some stronger language for you!

I will let others in PA respond with specifics in that state, but in general (federal law), 504's can NEVER be based on convenience if it's been proven the child has a disability and needs the accommodations.

I am not in Arizona, but I would add that it is a good idea to meet with each of your child's individual teachers as soon as you can in the school year (even a phone call would work) to discuss the accommodations and see if they have any questions. That way you bring the accommodations to their attention and you're on their radar as a parent who expects the IEP to be followed. If you discover later during the school year that the accommodations are not being followed, reach out to the director of special education first so that he/she can have a discussion with the errant teacher(s). If that doesn't work, you could file a state complaint to hold the school district accountable (as a last resort).

This is absolutely NOT an immature request for a first grader. I would request a dysgraphia evaluation immediately. If you wait too long, then the school district argues that "the habits are too ingrained and can't be remedied at this point." However, since dysgraphia is not as well researched as dyslexia and dyscalculia, it is doubtful the school district will first, do a decent evaluation and second, offer the services he really needs for this. So you may be looking at requesting an Independent Educational Evaluation (IEE) from a provider who is more familiar with this area and can make recommendations.

My first question would be what would the training be for/what was the training for in the past? In your post, you mention accommodations being withheld. That would not require any training. That is a procedural violation of not following the IEP document, as well as potentially discrimination if these are needed for the disabled child to access the educational setting. Maybe a state complaint is what you need to do? Of file an OCR complaint? First you might loop in the Director of Special Education if you haven't already, just in case that person is unaware of what this IEP team is doing and saying. If he/she doesn't take any action, then I would proceed with a state complaint. The language the team is using is completely inappropriate for a child with disabilities - assuming it is the due to the disabilities that the child cannot "do better." Since you transferred to a new state, did the new school district do their own evaluation? They should have. If their evaluation does not give you the data you need to show the team that the disabilities are affecting his progress and not his "motivation," then ask for an Individual Educational Evaluation. If it shows the disabilities as hindering the progress and the school ignores this and continues to blame it on "motivation," you have a pretty good case for discrimination.

Since you're transferring to a different state, it is my understanding that the new school district cannot change the current IEP until they do their own evaluation. And until that time, the current IEP stays in place. (Check your department of education's website and/or call to confirm this.) That would mean they HAVE to provide comparable services to what he received under the current IEP document. Then, unless their evaluation shows he needs to be in a separate resource room, they have to keep him in an inclusion room. It doesn't matter if they don't "offer it." Least restrictive environment is based on what the child needs - not on what the school district "offers." If they don't have enough spec ed teachers, then they'll just have to hire more or contract with someone.

Did the student move from one state to another or just within the same state? I'm pretty sure if she moved to a different state that the new school district cannot dismiss a child from special education without doing their own evaluation first And the previous IEP stays in effect until then. Check your state's department of education website and/or call them about this. The school district changing her to a 504 may be a procedural violation.

Regardless of past evaluations done by this provider, he/she will still need approval from the school district before moving forward. So my guess is that you will have no choice but to wait because the provider won't draw up the contract yet. As for it being summer, if the LEA is not someone who works year round, send the request for approving your neuropsychologist choice to the Director of Special Education, who probably does work year round.

We might need some specifics to help you; i.e., what isn't being met in the IEP and what are the school's stated excuses, what is the form of the retaliation, etc. But in the meantime, Lisa has a GREAT general answer to this on her website. Link is below. https://adayinourshoes.com/retaliation-iep-parent-special-education/

Let me preface this answer with I am not in Illinois, and I can only answer this question with regard to the IEP process itself. In other words, there could be agencies and/or non-profits in Illinois that provide financial assistance to families with special needs children. I would suggest calling the state department of education directly. As far as getting "financial assistance" via the IEP process, that would actually be getting your school district to pay for placement in a private school. However, that would only happen if the data shows that the school district cannot meet the needs of your child within the district. Private placement is close to being a "last resort" and is considered a "restrictive environment" (and school districts are required to place a child in the "least restrictive environment"). So if the school district says it can meet your child's needs, you will most likely have to let them try. If they fail, then you can argue private placement is necessary. But depending on the severity of the intellectual disability, that could be a long process.

I would also request a Prior Written Notice stating that the consultant's recommendations (which you agreed with and asked for - if you didn't make this clear in the meeting, request another one and do so) were denied. If they refused to issue a PWN for this, your follow up would be "then you agree with them, so let's add them to the IEP." They have to do one or the other - agree to add to IEP or issue a PWN that they refused. That would be a compliance issue. But you are correct - otherwise, you are talking FAPE and lack of transition plan, which would require due process. I would start with requesting mediation or a facilitated IEP meeting (if your state offers those). The big problem I see is your son graduating in 1.5 months. That doesn't give you a lot of time to do anything (mediation, etc.). You may be stuck with asking for compensatory services for the school district's past failures. Are you considering delaying his graduation date at all? If so, reach back out on this site for advise on that route. Sounds like your district is playing the "delay game" and winning.

You can definitely do a partial consent for an initial IEP (after that, it gets a little trickier). The IDEA (Individuals with Disabilities Education Act) specifically states that a school district cannot use a parent's refusal to consent to one service as an excuse to deny another service. I'm not familiar with PA, but wherever the school district is asking for your signed consent for special education services (the IEP, the NOREP, or both), sign but write that you are in disagreement with the services for ED (and anything else that you disagree with in the IEP document - the school's evaluation, present levels, etc.) You can even attach an addendum to the document if you need more room. (Make sure the attached page is referenced on the signature page on which you note your partial disagreement.) Then keep your 504 for SM. Just to cover all bases, you might call the state department of education to make sure you are doing the partial consent correctly. If you can say "this is how the state told me to do it," the school district will have a hard time denying services.

Also, I would assume she's taking standardized tests of some sort. What are these showing? They would not be modified and would be data.