It appears that you are documenting the missed instructional minutes, which is GOOD. Ask for an IEP meeting to discuss how the minutes will be made up. (To answer your question, no, they are not allowed to cut down her minutes due to testing unless it specifically states that in her IEP.) You don't have to insist on a minute-for-minute replacement (and that may not even be required - depends on your state). But you can ask for a plan as to how your child will be compensated for this missed instruction. It could be done by adding on extra time to her pullout sessions moving forward or it could be done by sessions given during the summer, after school, or before school. Be flexible in what you will accept and hopefully this will not create any tension. They should know these hours need to be made up somehow.

In my child's newest IEP it says she is to spend 400 hours weekly in the resource classroom for reading, writing, and math. The school has been doing standardized testing for the past month, and during that time it looks like she's been getting maybe 25 minutes for just math, and not even everyday. I think they use the classroom for testing for some of the kids. Are they allowed to cut down her hours like that for testing? She's missed out on at least 1000 hours of instruction time due to this. I need suggestions on how to approach this. I'm pretty sure they are already mad at me because I pushed back before the IEP (politely, but firmly which they are not used to from me) because they gave us the exact same goals and an almost copy and past of her current levels from last year.

Hi all. My 11-year-old 5th grader has confirmed diagnoses of ASD (diagnosed age 2) and ADHD Inattentive Type (diagnosed February 2026). He has had a 504 plan in place since the first time we were denied evaluations at all at the end of 3rd grade. We are in Missouri. The district completed an initial special ed evaluation and denied eligibility. I verbally disagreed with the determination in the meeting and did not sign anything. I am on a waiting list for a state advocacy nonprofit with no ETA. We have 23 school days left and he transitions to middle school in the fall. MY QUESTIONS: Does this situation call for requesting an IEE at public expense? Is there a time limit after denial in which I have to request an IEE? The school wants to schedule a 504 Update Meeting. Is there a risk that attending or agreeing to updates could be used against me if I pursue an IEE? If so, should I send the IEE request before agreeing to that meeting? Thank you for any guidance. More context below if needed... The School's Position: The 504 is working Standardized testing scores are average to above average, so no academic need exists Executive functioning struggles are not pervasive across all settings because one teacher rated him average Even if he had qualified, he would only receive task initiation goals — no specially designed math instruction — because his standardized math scores don't show an academic deficit My Argument: The current 504 requires constant teacher prompting and nightly home reteaching to sustain passing grades — that is not independent functioning Standardized scores were obtained one-on-one in a quiet room with no competing demands and do not reflect classroom performance Executive functioning deficits are the core barrier preventing him from independently accessing, learning, and retaining curriculum — especially math — and this is showing up clearly in his most academically demanding class His real classroom math data shows a consistent pattern of failure on unit tests despite passing daily low-demand work, which the standardized scores do not capture I believe he needs both executive functioning support AND specially designed math instruction that accounts for how his disabilities affect learning and retention in a real classroom The evaluation findings: WISC-V: Full Scale IQ = 99 (average) WIAT-IV (one-on-one, quiet room): All scores average to above average. Used to rule out SLD. CELF-5: Core language score 98. Used to rule out Language Impairment. BRIEF-2 (executive function): His math/science teacher rated him clinically elevated on 6 scales including the Global Executive Composite (73). His ELA teacher rated him average (54). I rated him potentially clinically elevated (69). My son rated himself in the average range (62). The school concluded his difficulties are "not pervasive across settings" (said verbally in meeting) and denied on those grounds — despite clinically elevated ratings from the teacher in his most academically demanding class and a potentially clinically elevated rating from me at home. What the classroom data shows: iReady Math: Scored at Grade 4 level in August and again in December (1 scale point of growth over a full semester). Jumped to Mid-5th grade level in March — during the period I was reteaching math at home nightly. School cited this jump as evidence the 504 is working without accounting for my home support. Unit tests in math: Consistently 50% or below. Daily 2-4 question exit worksheets after instruction: consistently 100%. The school's own Tier 3 social intervention was described by the teacher as having "minimal success." The denial PWN lists his current math grade as an "A." His report card has never shown an A in math. His grade in math specifically has been Q1: B-, Q2: B-, Q3: B, Currently in Q4: C

It has been a long day (month, year) at this school so forgive my bluntness: 11 meetings this year so far (2 kids) and still at least 2 more to go with IEEs Not only have the Generic, drop-box, completely inappropriate crap goals not improved, the newest draft IEP went from 3 crap goals to 1!!!!!! It appears that putting crap goals in IEPs is a great tactic as I have not read one due process case (or met a lawyer willing to take a case) based on crap goals. I am not equipped to write my children’s goals (but will have to learn how to do that too), but neither is this district ( really Special Services Director in this case as he is the Only IEP team member who is allowed to do anything). Since I am pretty certain that any goals that I actually write and ask to be included in their IEPs will be refused, which leaves me in this exact situation (Due Process), does anyone have any suggestions/experience/info about this? Is it better for me to just compose goals (in the clearly established areas of need) knowing that they will not use them? So I can have them put that in a PWN/NOREP? Am I nuts to be furious that the pathetic 3 crap goals are now only 1???? Do they really think my ASD/ADHD/SLD 9th graders (who have failed their first Keystone round which was entirely predicted by the Firefly and Last spring PSDA scores…….but utterly ignored by everyone except me) only needs 1 goal???? I am really over all of this…..when I can’t even get a goal????? Can anyone tell me why I am wasting all of my energy and time (and money) just to have a few goals written down? I’m not even talking about real SDIs, or certainly not even progress with data or being implemented (I won’t bother including “with fidelity”).

You have data that he does OK when a para checks in with him and not OK when they don't. I'd request a 504 plan IN WRITING. If they call you with a 'we don't have the budget for this' message, do a follow up email: Hi School: Per your call on April 20, we discussed my request for a 504 plan. I was told that the school's budget doesn't allow for this. I just wanted to confirm that this was what I was told. Please reply to this email if I'm not understanding the reason for XYZ School saying my child doesn't need a formal 504 plan. This puts their reply in writing. If they don't reply, you have proof they are refusing the 504 because of lack of budget. You can take this to the Office of Civil Rights and they can get on the school about this. If they don't believe the data, ask them why your child has major issues when the paras are out of the building. Unfortunately, getting a 504 should be a sprint but the school is making it into a marathon. Be persistent with your advocacy. They have to accommodate him especially if you have proof he has a medical diagnosis where students will often need some extra support.

Absolutely ask for an evaluation for a 504 Plan formally in writing (email). Check with your principal to see who the 504 coordinator is for your building and send your request to that person. Send examples, data, teacher emails, disciplinary referrals, "sent to the principal's office", low grades, and anything that would show he is struggling in general education without support. Compare and contrast the difference between when a para is there and when he/she is not. Do you have outside evaluations and diagnoses? Make sure to attach those. Also attach any emails that state "it's not in their budget" to provide a 504 or if no emails, reference any conversations in which this was stated. Lack of funding is not an excuse to not provide students with disabilities needed accommodations. Obviously he needs a para since there is one provided now and makes a difference; you need to get this accommodation formalized in a 504. If denied, find out who the overall district coordinator/director is for 504's and check the appeal process in your district.