Does your granddaughter currently have a preschool IEP? Does she have an aide at preschool? If she's currently getting an aide, you have data showing an aide is FAPE for her. That would make it easier to show that an aide is going to be needed in kindergarten.

Yes, I am in the process of drafting a letter to the ACLU. He was represented by the juvenile court appointed attorney. We signed a consent decree which basically gave him six months of probation in a sense. The other option of pleading not guilty was going to involve him being evaluated by a marriage and family counselor that did not have extensive experience with pediatric mental health. We had heard this particular therapist often sided with the DA and the courts, so we didn’t want to go that route and subject him to further extensive punishment. The DA had no interest in looking at the manifestation determination review or the nine page threat assessment. If he follows all of the rules after six months, all of the charges will be dropped and he will have a clear record. I don’t trust the school will do what’s required to help him stay on a good path. At home, he will have no trouble following the rules because we typically don’t have a lot of big behaviors at home. We are able to redirect him and help him calm down. I am currently looking for a special education attorney and also chatting with our state advocacy group to see how to best meet his needs.

Thank you so much for the advice! I thought I was doing my best for her at every step. I thought by going in, I was being proactive and getting her the best treatment and help from the school, especially since the one counselor was seemingly ignoring my emails and the fact that he "hadn't received it". That seems to be the theme of the district. Moving forward, if I have to take things in, I will also send an email about that. I hadn't thought of doing both. I have learned so much over the last 2 weeks, and my brain is on overload. I found the "can you show me where it says that?" and plan to take that knowledge with me to meetings. I don't want to go in mistrusting the school because, in the end, we have to work together. I really appreciate this. insight.

The first thing that jumps out at me throughout your post is that so many of your conversations were over the phone. Keep in mind the following: If it's not written down, it didn't happen. Try to avoid having phone conversations. And if you do have a phone conversation, keep good notes, then send a email with those notes to the person you spoke with stating "this is what we discussed in our conversation on such-and such a date." Especially include anything the school district (by way of the person you spoke with) agreed to do or refused to do. Second, no, your daughter does NOT need to change classes in order to receive an IEP evaluation. That's just plain ridiculous and wrong. If their reasoning behind this is that she has to have an intervention first (as you state above), that is also completely wrong. My advice going forward: 1. Email (EVERY request should be in writing from this point forward) the director of special education requesting a special education evaluation and explaining the roadblock you encountered at the building (school) level of the need for intervention and changing classes (which you have researched and discovered is incorrect). 2. Include in the above request anything that would support the need for an evaluation (anxiety diagnosis; standardized testing, screenings, assessments showing low academic, reading skills/level; comments/emails from teachers that she is struggling (even going back to grade school); the email from the counselor stating that she may have a specific learning disability; etc. 3. Request an evaluation in the following areas: Intellectual/Cognitive (this may be denied if they already have an IQ test on file, as those results do not change much); Social/Emotional/Behavior (to address the anxiety); Academic Achievement (to address the possibility of a specific learning disability). 4. Request from the principal the following documents: all standardized test and screening results; all progress monitoring results from any interventions (even going back to grade school); all 504 evaluations (even if they were "lost," you need something in writing to that effect); a Prior Written Notice that the special education evaluation is being denied because of no intervention (if they are refusing to do an evaluation because you won't switch classes, you are entitled to a Prior Written Notice stating this). 5. If you ever hit a "wall" with anyone, please remember that everyone you deal with has someone in the district they report to. If you can't get anywhere with the principal, find out who the principal's supervisor is and email him/her. Keep going up the chain of command.

He has not been in the school since the second day of school (early Aug) I was able to call the state dept and got clarification I needed. We are planning to meet soon to make adjustments to the IEP. I have been asking for extra supports for years only to be ignored or brushed off. Now my son is paying the price - he was “arrested” by the SRO and spent the night in a juvenile diversion center with kids in gangs and others accused of assault, etc. My child watches Disney movies and Barbie. He has a ID and a host of other disabilities. This entire situation is maddening but at this point homebound is his safest option while he’s under supervised “probation” of sorts for 6 months. I do not trust the school will keep him from being sent back to court or the diversion center.

This situation is a long one. In 2019, my daughter, in 1st grade at the time, was already starting to struggle when COVID hit. Schools got shut down, and her teacher did her best to finish out her lesson plans online. In second grade, she was struggling, and the teacher showed great concern for her progress and reached out to me multiple times. I didn't understand what she was asking of me. I worked a lot and was not very involved in my kids' learning at this time. I got her tutoring, and the school put her in help classes. In third grade, they had her in similar classes on my request. They were somewhat effective, and she benefited from them. I thought I had set up a 504 plan, as I didn't understand the full extent of what that was. I didn't understand the differences in what I was requesting vs what she got, and I didn't know how to ask for it. In 4th grade, I found out that I had not done what I thought. Sept 12, 2022 - I got a Title I paper asking if I wanted her in Title I Oct 21 - I asked about it at a PTC and found out I had not gotten a 504. We took the holidays to figure out how to ask for a 504 specifically. At the time, I did not know that a 504 and an IEP were different. Jan 13, 2023 - I started her in personal counseling because that's what the school recommended I do for her to help her get a 504. She was diagnosed with Anxiety Jan 16 - I started trying to set up a meeting for a 504. Jan 18 - I had a call with the teacher where I expressed my concerns. This process was exhausting. The teacher told me my daughter wouldn't have been put in her class if she knew she needed a 504 because her class isn't set up for helping her. Jan 23 - I called again to try to set up a meeting. Feb 6 - I finally got a meeting for Feb 8th. Feb 8 - I sent the teacher the counselor's number, had a meeting, and was informed that I did not need to sign anything. Feb 16 - I sent the number again as they still claimed they had not received the letter with her diagnosis from the counselor. Feb 23 - I had a PTC. Feb 28 - I received a sorry text from the teacher for how long it was taking. March 1 - I informed them that the councilor had faxed the letter and offered to get them a physical copy. March 10 - I called to inform the teacher that I had sent the letter with my daughter. March 23 - I called to ask if the teacher received the letter, as she never called me. April 12 - I confirmed the councilor letter worked. The teacher said she had checked a few times. We set up a meeting for April 20. April 20 -We had the meeting. Came up with an accommodations plan. The Teacher said she would get me a final copy to sign by April 25th. Did not come. Had my daughter ask multiple times. May 8 - Call to check on final copy. The teacher said she would ask. May 17 - Teacher called back and said no need to sign the final copy. I asked if there was anything else I needed to do, and the teacher said no. 5th grade Aug 31, 2023 - I got a call and email from the new school counselor telling me they had lost everything. Sept 5 - I brought a copy of the only paper I had, which was a draft from April 20th of the 504 Eligibility Determination, not the plan, not the accommodations, to the office to give to the school counselor. I called the old personal counselor (we had pulled her from counseling over the summer) to try to get a copy of the anxiety paper, and she had quit, and the facility did not have a copy. Equally frustrating. Said they would reach out. Never heard back. Sept 21 - I sent an email to check the councilor had received the Draft and got no reply. Oct 16 - I called to check again and was informed he hadn't gotten them from the secretary. Oct 18 - My husband checked with the office during PTC to meet the counselor, and he was not there. Spoke with the secretary, who had the Draft, and informed husband that based on the computer, she was eligible but that there was no plan in place. Oct 19 - I gathered documentation of all of this and went in to talk to the school counselor. He said we do have a 504, just no paperwork. Though this time my daughter was not receiving the accommodations that we had implemented the year prior, as they were lost. ______________________________________________________ The conversation with the councilor He came in and showed me what he did have, which is what I took him on Sept 5th. I said “ok. So that was the meeting we had on the 20th. He was supposed to get her a final for me to sign based on our meeting that following Tuesday (the 25th), and I didn't get it. Asked her to check with the teacher about it. Nothing. I called the teacher about it on the 8th to double-check why I hadn't gotten it. She asked the counselor and called me back on the 17th and said I was good and done. Did he just not do it?” He said, “Well, he remembers doing it, and the teacher remembers it all happening also, but the information is just not there, so right now this is the only paperwork we have on it.” (What I gave) I said, “I understand you are not at fault, but what do I need to do to get it going?” He said, “Oh no, she does have one. There's just no paperwork to say why. And normally, we schedule a meeting to update these once a year anyway, so we can just move forward at that meeting. I try to do it a little later to make sure the teachers can help adjust it appropriately.” I said, “Ok, so that's why I'm here actually, because when you said you didn't have the papers I brought in, I asked my husband to stop in to the office last night while we were at PTC, and the secretary told him she was eligible but that she didn't have one.” He started apologizing for my anxiety over it, and I said “ok, so she does have one?” He said, “Yes, I apologize for your anxiety over that.” Me: “Well, ya (and I pulled out my timeline from my folder as I said), I have been through a lot to get this 504, and I truly don't feel it should be this hard or frustrating.” (point to my paper with all of the above info) He goes "wow, th-that(he stuttered) is incredible, you were able to gather all that when there's so little to go on" “I said this seems a bit ridiculous to me. And I am frustrated. And to go through all this to have it lost is incredibly frustrating.” He was trying to read my paper, but I didn't offer it to him(I decided it's mine, and he didn't need a copy), and he said, “That seems like more than most have to go through, and it shouldn't be that hard to get a 504.” I said, “I agree, but it was. And so to have this happen first thing school started is incredibly overwhelming.” He said, “Again, I apologize for your anxiety. I will send an email out to her teachers and set up an appointment within the next 2 weeks to get this set and done. ______________________________________________________________________ Oct 23 - Councilor called me to set up a meeting for the 24th. Oct 24 -The meeting went well. 6th grade March 17 - I was sick. My husband had a follow-up meeting, which went great. They gave him a copy of the previous year's meeting. However, she came home crying after ISATs. She sat until the end of the school day and was expected to finish the next day. She wasn't able to move on from the first question because she didn't understand what the question was asking her. There was no intervention for her, and she had no timer because extra time was in her 504. I told her to put “I don't understand what the question is asking me” on any she didn't understand. 7th grade - Current grade and year July 11 - I started her in new counseling. Aug 27 - She qualified for the YES program and was diagnosed with SED. Diagnosis is for Anxiety unspecified and ADHD Predominantly Inattentive Sept 6 - I got this email from the personal counselor ___________________ “It is possible that she may have a learning disability. To initiate testing, a request can be made through the school to determine if she qualifies for an IEP or 504 plan. Addressing this may also help reduce her anxiety related to classroom learning.” ___________________ Sept 8th - I went into the office to talk with the school counselor. I said her personal counselor emailed me and said I should look into testing for her for a 504 or an IEP. The school counselor told me the only way to get her tested is to do an intervention. Which, the councilor said, means that she has to switch her classes around so the teacher has a smaller class and can do the evaluation. Also, because her grades are good (we are 4 weeks into school), she doesn't present as a child who needs help. The counselor and I were able to switch only 3 of her main classes. But the counselor decided that it should be my daughter's choice, and she doesn't want to do it. She also requested that I forward her the email that the personal counselor sent me, and I did. She let me know that they did interventions in the 2nd and 3rd grades. Sept 9th - I emailed the councilor _______________________ After talking with her further, we decided to let her keep her classes as they are. However, she is still struggling to understand the material, and I would like to set up a 504 meeting to come up with a plan that helps her make it through this school year. Also, I do not have a copy of the last meeting that was held on March 17th. Could you please send me a copy? I have sent you an email also about the ISATs. I will bring in a copy to the Principal as I can't seem to find an email for him. Thanks. (I sent an opt-out letter that was accepted by the councilor, but I have no proof it made it to the principal as of yet.) Also, You had said that she was in intervention in second and third grade. Can I get a copy of that? ___________________ The counselor sent me so much info that I didn't have before. They have been mildly helping her since 2019. I set up a 504 meeting for next Monday, Sept 15th. I sent the email to her about opting out of the ISATs, and then she asked me if I wanted her to do the interim ISATs. I told her I would like to talk about it in the meeting after we decide if she gets all of these 504 things I'm trying to set up. Based on all this information, I obviously have a lot of questions. Currently, my main question and concern is, Does my daughter HAVE to switch classes in order to get testing for an IEP? I do believe an IEP would help her. I have done my research and homework now. I believe she has a learning disability, and I simply didn't know the difference. But I do not believe that my daughter would benefit from switching classes. I have already come up with an IEP paper that I believe says all of the things that need to be said; however, I am not sure what kind of testing I should be asking for specifically. Also, do you have any advice moving forward? I work a lot and am doing my best, but we are failing her. I thought the school had her best interests in mind, but I realize they don't. I feel like they have no intention of helping her, and so now it is my job to step up and be the mom she needs me to be, an advocate.