Carolyn Rowlett

Also, if you do happen to get "lab partner" added as an accommodation, I agree with Backroads that specific language will be difficult. You will probably have to let the school choose the partner and then reconvene as a team if that particular partner isn't working out. But you'll need "proof" as to why it's not working out.

I would suggest first approaching this from the general education classroom, rather than from accommodations in the IEP. If all the other students have lab partners, he should have one, too. It shouldn't have to be an accommodation in his IEP. I would reach out to the science teacher (even though I realize she is uncooperative and this may not get you anywhere) and nicely say, "I realize that my son's lab partner moved away, but is there anyway he can be placed with a lab partner? If there is an odd number of students in the class, could he be placed in a group of three?" If that doesn't get you anywhere, I would then reach out to the principal and get a little more direct. Lay out the issue, then state: "I have tried to resolve this issue by not having to involve the IEP team and/or requesting additional accommodations, but I have been unsuccessful. I am just asking that my student have access to the same classroom experience as the other students in his science class. " Or something to that effect. Hopefully, the principal will get the "hint" that your student is potentially being discriminated against due to his disability. If that doesn't work, then you may have to request an IEP meeting add an accommodation. The potential sticking point with that (and one reason why I suggest trying to work this out in the gen ed setting) is that you will need data to support that he needs a lab partner. It is much easier (or should be) to just say "hey, everybody else has a lab partner to help complete labs, why shouldn't my son?"

It sounds like they're just strongly discouraging this, rather than flat out denying it (which hopefully means they know the law). The parents need to respond to Notices of Meeting that they are bringing their advocate. If they get a response in return either discouraging this or flat out denying it, they need to respond "thank you for your suggestion, but we will still be bringing our advocate as the IDEA allows parents to bring whoever they want to the IEP meeting."

Hi Christina. I advocate in Missouri, specializing in specific learning disabilities (particularly, dyslexia), but also am familiar with ADHD and other disabilities, which often go hand in hand with specific learning disabilities. In Missouri, the discrepancy model is only used for determining eligibility under the category of specific learning disability. This lack of discrepancy between IQ and academic scores does NOT affect her eligibility under other disabilities, such as Intellectual Disorder (low IQ), Other Health Impairment (ADHD), or Young Child with a Developmental Delay. It appears that your daughter might very well qualify under any of these categories. My recommendations are as follows: 1) Don't give up on the public school just yet. In my opinion, they haven't done the proper evaluations yet and could be "forced" to do more. 2) So my second recommendation is what Sharon suggested - ask for an IEE (Individual Educational Evaluation). Make sure it is done in all areas of suspected disabilities, which it appears (but I don't have all the facts) the school district's evaluation did not do. 3) As far as dyslexia, I wouldn't rule that out as a possibility just yet. The definition and diagnosis of dyslexia is very complicated. Although rare, it is possible to have both a low IQ and dyslexia. Plus, what kind of IQ test was administered? If she does have dyslexia, a non-verbal IQ test should be done, and most school districts don't do that. 4) Ask for a 504 evaluation. At a minimum, she needs accommodations. And getting her back on an IEP (I assume you're beyond the 10 days of the school district's notification that they were exiting her from services?) will take time. A 504 Plan can be implemented much quicker. 5) Depending on what the IEE shows in terms of dyslexia, reading struggles, etc., if you decide to go the home-school route, I would suggest reaching out to a tutor certified in Orton-Gillingham or another recognized multi-sensory, structured literacy program. I am happy to expand/explain if you would like to contact me offline. Carolyn Rowlett (crowlett@dyslexiaadvocates.net or 816-547-5476)

If you have data showing the need for 1:1 instruction, it's a totally reasonable request and something public schools can absolutely provide. But an easier way to get this would be to show he is not making sufficient progress with the instruction that is currently being provided, which prompts a change in services. Get specifics in the IEP; i.e., "receives in instruction in small group setting with no more than 6 (or whatever number the team decides on) students." When that doesn't work after 6 weeks/a quarter's worth of progress monitoring, ask that the services be changed to no more than 3 students. If that doesn't work, then 2, etc., until you ask for 1:1 instruction. The "ask" has to be based on data and lack of progress with services currently being used.

You are correct! But see the link below for help in making this argument. https://www.makespecialeducationwork.com/blog/what-gives-parents-the-right-to-request-a-team-meeting

I'll preface this with unfortunately, I don't have time to look up the law and department of education guidelines in NC right now, but wanted to respond in general. It's never "too early" to schedule an IEP meeting. It may be too early to schedule the annual meeting, but parents can request an IEP meeting at any time. Yes, it should be in writing. Also, it should not just be a request to the special education teacher (that might be construed as just requesting a "regular" meeting with a teacher). It should be a request to the entire IEP team. If the parent doesn't know the entire team members, copy the principal on the request and ask that the request to forwarded to all IEP team members. I would also advise having her put in the request for a meeting specifics as to why she wants to change the IEP to a less restrictive environment. If she's wanting to make changes to the IEP document, she needs to have data supporting this request - even if the data is just observations of the ABA case manager, etc. However, an evaluation would hold more weight. If it has been more than a year since the last school evaluation, she can request another one because she feels her son has improved. If it hasn't been a year yet, she can request an IEE.

I would normally say you probably can't request a specific fidget, as long as others are provided that satisfy the need. But with you having a formal recommendation letter (I assume from a provider, doctor, etc.) that does give your request more weight. However, schools only have to consider outside evaluations and recommendations, so they may be within their rights to refuse this. I would ask for a PWN on the school's denial. If this truly is the only fidget that addresses your child's needs, start documenting any instances you become aware of at school where the inability to access this fidget has affected your child's FAPE. Then you might have to request mediation to sort it out if the school doesn't budge. Without knowing the severity of this issue, it's hard to say if this is an issue worth going to mediation over. Maybe others will chime in.

Also, when a school district says things like "based on the principles for practice guidance provided by the national association of school nurses" and "per other sources," ASK FOR SPECIFICS. Can you send me a link to those guidelines? What other sources?

I'll start with a general answer to your last question. It appears in Minnesota that parents do not have to sign off on any IEP's (with the exception of the initial IEP that begins the special education services). So if that's what you mean by "sign off on the new proposal," the school district can implement the IEP without you "signing off." However, I'm a little confused. You state you received a "draft IEP" and "proposed IEP," but also a PWN. How can there be a PWN if the IEP is only in draft form at this point? Is this for an annual IEP revision? Has a meeting been schedule? If not, you need to request one. You have the right to participate in the drafting of revisions to the IEP before implementation and receive a PWN detailing what you asked for at that meeting that was denied. As far as the IHP, I have included a link below to a website that addresses these in detail. I only did a quick review, but one thing I saw that stood out was that the IHP should be included in the related services section of the IEP because it contains school-related nursing and health services. Since most of the requirements related to IHP's are left to the states, I have also included a link specific to Minnesota law and policies. https://undivided.io/resources/individualized-health-plan-ihp-in-an-iep-1380 https://arcminnesota.org/resource/arc-guide-to-individualized-health-care-plan/

I will preface this with I've never come across this issue and a quick search didn't turn up much. I'll also preface it with the fact that it's hard to advise on this one without reading the actual IEP, services, placement, not knowing if the student is home-schooled with IEP services provided or attends the public school, etc. But my gut instinct tells me that if the parent decides to pull the student for travel and makes implementation of the IEP impossible, that would be on the parent. However, I'm a little confused about the virtual option. Is the school district saying THEIR providers are not certified in that state? That actually might make sense and "be a thing." Hopefully someone else has some ideas or has run across this before.

A correction to my most recent post. I meant "You have some time to think about the IEE." Not "IEP."

You have some time to think about the IEP. It might be worth it in case it uncovers something besides ADHD that is causing his "incidents" and reactions to social drama, teasing, bullying, etc. In the meantime, get started on the 504. You can probably accomplish what you want within that document. Put in an accommodation that when he experiences something and feels it building up to an unacceptable reaction (social drama, teasing, bullying, etc.) that he can go to the school counselor. I would hope that would be available for all students, but you better get it in writing.

My thoughts are below, listed in the order of your questions. 1. IEP's should be drafted for one year, not three. There should be an annual review after which a new IEP should be put in place for the next year cycle. Besides the dates, there should be changes in present levels and most likely goals, as well. What doesn't have to happen for three years is an re-evaluation (unless either the school district or parent request one sooner and as long as it has been at least one year since the last evaluation). Re-evaluations are not considered "evaluations for qualifying for services," so it that is how your school district is referring to them, that is incorrect. A student does not have to re-qualify for services. However, a re-evaluation might provide data showing an exit from services is warranted. To answer your question: no, a re-evaluation (regardless of when done) does not "negate" the current IEP. The evaluation results must be explained to the parents and an IEP meeting held to determine if the IEP should be amended or (if applicable based on the data) if the student should be existed from services. Until then the IEP stays in place and must be followed. 2. There is no requirement that a parent sign a re-evaluation. However, the school cannot "move forward" with exiting a child from special education services until the results are explained (and sent/given) to you, an IEP meeting is held, and if the decision is made to exit the child from special education services, a Prior Written Notice is sent notifying you of this action and explaining in detail the reasons behind the decision. At that point, you can request mediation and/or file for due process to invoke "stay put" (the current IEP must remain in place). Also, you can request an Independent Educational Evaluation (IEE) if you do not agree with the school's evaluation. The school can ask why you disagree, but by law, you do not have to give a reason. The school must grant the request for an IEE or take you to due process to show why they are denying the request (so such requests are usually granted). 3. To answer your third question (after you qualified it with a follow-up email), "access the general curriculum" refers to the requirement that not only must a child have a disability, but that disability must also affect his ability to receive an education. So in the case of ADHD, if the child's behavior is limiting his access to classroom learning (because he is being sent to the principal's office repeatedly, having multiple suspensions, etc., or even because his inattention means he is not able to grasp the material being taught), then he should have goals to work on this. It is important to note that the behavior must be tied to the disability and must be affecting his education. 4. Yes, an IEE might help if the school is relying on grades to say he no longer needs services. Grades are way too subjective to use to exit a child from special education. It might tie in how not having "good social relations" can affect his access to an education.

Hi Christi. I'm an advocate in Missouri, but unfortunately not an expert in ABA therapy. I would suggest you reach out to the Missouri Disability Empowerment Foundation (MoDE). They offer free advice. I also know of a paid advocate in Missouri who is more familiar with this area than I am. You can contact me at the email address below if you want her contact information. (MoDE also offers grants to help pay for advocacy services.) Carolyn Rowlett crowlett@dyslexiaadvocates.net

And if they refuse to do an evaluation, ask for an Independent Educational Evaluation (IEE).

You should find the answers to these questions on you state department of education's website, special education division.

FAPE is "free appropriate public education." Your son's ability to retake tests at ANY threshold does not affect other students' right to an education in any way, shape, or form. As far as their "unfair advantage" argument, anything that is deemed necessary by the team for a student to get FAPE should be given regardless of how the school thinks it may affect other students. (Accordingly, my suggestion would be to not bring up the other student, since as your correctly point out, IEP's are based on the "Individual." But you could ask for their WRITTEN policy on this. There is no way they have one because you can't pre-determine what might be needed in an IEP for every individual student.) Having said all that, I agree with Emily that retakes can be more about the score than content mastery, so make sure that is what you stress and have data for. It might help if the accommodation was more specific - "someone will go over the missed items on the test with student to explain why answers were wrong before the retake" - or something more eloquent that what I just came up with.

Link to IDEA law regarding this issue is below. As you can see, a lot is left up to the individual states, so you will need to check your state department of education's website for specific procedures. https://sites.ed.gov/idea/regs/b/e/300.520

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. Carolyn Rowlett, Dyslexia Advocates crowlett@dyslexiaadvocates.net

You might want to revise the subject heading of your post. MO is not Montana - it is Missouri. Montana is MT.

Can you send the link to what you reference? I'm not seeing it, but I did a really quick search. I see another problem (maybe bigger or the main problem) in that the school is limiting the time for the IEP meeting. If more time is needed for him to make use of an interpreter, they should give it to him. Otherwise, they're not actually providing an interpreter. And if he can't "participate meaningfully" without an interpreter and without enough time given to make use of an interpreter, they are violating his rights as a parent under the IDEA. Not to mention discrimination against him if he has a diagnosed disability. If the school district continues to be difficult in this area, I would suggest requesting a facilitated meeting, if your state offers those. That would ensure the meeting is scheduled for an appropriate amount of time. Make sure to tell the facilitator that the use of an interpreter requires some extra time for the meeting.

The IDEA requires students 14 and over to be invited, but it does not require their participation. I don't know what state you are in, so you might check you state department of education's website to see if your state has any such requirements (or just call the special education division). If the school keeps insisting on her attendance, as for the WRITTEN school district policy on this. I'm guessing they won't have one.

I've seen (and received copies of) many parent and teacher completed rating scales. Maybe those school districts are violating copyright laws. I don't know...

By "in the meeting" do you mean the annual IEP meeting since he has been on ADHD meds? How long had he been on the meds prior to the meeting? In any event, if the IEP team is attributing his academic struggles to inattentiveness, I'm not sure what your purpose would be in getting a new IQ test done. If they were trying to pass off his struggles as related to a low IQ, then yes, I would want to get a new IQ test done to show his true cognitive ability. But one of the purposes of requesting an evaluation is trying to understand why he is struggling and if you're thinking the IQ test will go up, that won't necessarily be helpful. But I may not be understanding everything. If by "new evaluation" you don't just mean an IQ test, I would say yes, you should request a new one since his present levels seem to have changed (this being the first year he has struggling academically). Request one in the area of academics. Couldn't hurt to also request a new IQ test - as long as it's in ADDITION to the area of academics. It would probably be good to know what his cognitive ability is while on medication that helps him focus better. You do have to wait one year from the last evaluation to request a new one. If I'm not understanding everything or you want to provide clarification, just reach out again.