I ended up having a discussion with the case manager. They spoke with the contracting company, sounds like it is some sort of medical issue that is preventing the tvi from finishing the school year (one session ). The company is having a replacement TVI look over her notes, provide an updated goal for the new IEP and attend the meeting. TVI teacher will be back for next school year. So I think, this is a good plan.

You have more info than what I've seen with other families. When a teacher or therapist isn't available to provide the services in the IEP, lots of schools don't mention this to families. They want to amend the IEP so they are not out of compliance with the IEP is my 1st thought. You can ask that they provide compensatory services once they hire a new TVI but I see their point: If your child is building momentum, maybe it's appropriate for an OT to work toward some of the goals - this is provided this isn't outside of the OT's scope of practice. I would want something in the IEP saying that the school will be activity looking for a TVI since they are the appropriately credentialed person to be working with a student who has CVI. You don't want the school to forget your child needs a TVI if they were to amend the IEP where an OT is working on the goals having a reminder about a TVI would be good. Is there a TVI in the area where you could take your child to see them & the school covers the cost as part of the IEP? That's the only alternative that I'm aware of when they have staff unavailable to provide a service in the IEP.

This is an interesting one ... I have just been notified that the TVI is not going to be back for the rest of the year (we have consultations a direct services with goals listed in IEP) . The case manager does not know why this is happening. They are proposing to attach TVI services through an OT handwriting goal. And then amend the IEP in the fall when a new TVI is on board and can assess and develop their own goals. The contracted company also stated they don't have access to the students file and the TVI did not provide input to the new draft iep (annual) My intake thought it , they need to get a TVI replacement , new assessment and create goals but is that realistic this time of year or worth it. She has a dx of CVI but very very mild from what we can underStand. I would love to hear thoughts on this. And what steps i should be thinking about taking Thank you

You're right about asking for an IEE. The school can say yes or it's Due Process - those are the 2 options schools have. To remove an IEP, the school should do a reeval showing the student isn't behind. The special ed tests they use are normed. What teachers do tends to be subjective which is why you want a normed eval. In theory, schools should be offering parents 3 options for meeting times. We have lives outside of our kids and our schedules might not mesh with the school's. (There are doctors and other professionals who have kids with IEPs where they can't rearrange their schedules on short notice.) They shouldn't meet without you without giving you some options first. Meeting during the week before school starts when the teachers have their inservice could be an option. Teachers have lives outside of school too. IMO, special ed is a stressful job. Lots of teachers burnout after a short career. I can see how teachers miss things like having a meeting before heading to MS as they tend to have a lot of things to do to wrap up the year. If you see a goal, you can ask: How are you going to measure progress and determine if the goal has been met? If you feel the yardstick is subjective let them know. (Will they send you a copy of their proposed updates so you have time to review them before the meeting?) A good measure is imagining another teacher stepping to implement the IEP and measure the goals. Could they do what the teacher is doing and see the same thing? This is a good way to test how clear what's in the IEP is. I've also seen where a goal is met in therapy but the skill doesn't transfer outside of the therapy room. To move from a 504 back to an IEP, the school would need to do a new evaluation. It's data that drives what's in the IEP and this is how schools get that data. Hope this helps.

@JSD24, thank you so much for taking the time to respond to my questions. I did reach out to my child's school last week via E-mail and told the team that "I would like to better understand how the data they sent demonstrates that my child has met the two goals outlined in their IEP. If someone could please explain in detail how the data supports this determination, I would appreciate it." I also told them I have not received any additional data sets, nor have I received notice of a review meeting & asked if they could advise when the review meeting would occur and when I can expect to receive the remaining data? The SPED teacher responded with "so sorry for the delay regarding the data and scheduling the review meeting as it slipped my mind." They're aware that my child is moving to middle school. I'd like to give them grace, but I've been gaslit so much in the past year, it's hard for me to believe this was an oversight. Additional data was sent home, but there was 3 months missing. The school principal then responded that they can schedule a meeting on Tuesday at 11:30. I'm already losing time from work to attend my child's awards ceremony that day. I'm afraid to take any additional time off from work but school ends here on Friday. Last time I had a meeting with them, it was an hour + of time and then they didn't even address everything in the PWN. My fear is that they'll meet without me and switch the IEP to a 504 & remove some accommodations. They've brought this up numerous times in past meetings. And I know it's going to be a challenge to get switched back to an IEP. (They've already changed goals before an IEP meeting & they weren't SMART goals, so I have little trust in them.) I almost wonder if it would be best for me to tell them to send me the the details for their data that supports their position and I'll discuss it with the new school. I still want to request an IEE though. If they say "no," I guess the next step is due process if I'm not mistaken? Thanks for listening to one stressed out parent.....

Is there a specific timeline for requesting an IEE after the school completes testing? There isn't. Since it's been 15 months, they might want to do another eval rather than pay for an IEE. You might want to talk to the special ed director and ask them. I do agree that your child needs to be tested for pragmatics (and social skills). These are the areas of need with ADHD & autism. To whom is an IEE request addressed to? The school principal, school district SPED director, state agency? I'd address it to the principal, case manager (this would be the special ed teacher who writes the IEP), and the special ed director. (Send an email.) If the IEP goals aren't measurable (and the school was aware,) can I argue for an IEE? No. You do an IEE to get data. If a goal isn't measurable...well, you want SMART goals. My child is moving over to Middle School next school year, should there be a transition meeting which includes the SPED teacher at the new school? Not required under IDEA. It's a nice thing to do. Since the SPED teacher stated my child has mastered their goals, is it beneficial to ask for a meeting to have them show me how the data was collected even though they admitted the program they used only shows completion and isn't measurable? "What does that look like?" Ask that question when you feel a goal isn't measurable. If they didn't back their teacher, they would be admitting the IEP isn't FAPE.