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Yes, requesting a PWN is always a good idea. But it doesn't always solve the problem. Have you requested an IEP meeting with the new school district IEP team? I would do that and discuss the change in the IEP, how it would affect your daughter, and how she wasn't doing anything wrong to have it taken away from her. If you have it, I would bring data (provider recommendations, examples of meltdowns if her own iPad is taken away, etc.) showing why insisting on a school-issued iPad would create a barrier to her education. Stick to data and her legal rights. If still unresolved after the meeting, definitely request a PWN with a detailed explanation of why your request was denied.

Yes, I do, though maybe not in the way you're thinking. The present levels stuff I have is for teachers who contribute to IEPs. https://dontiepalone.com/iep-bundle-teachers/ I have lots of sample Present Levels statements, goals, accommodations, and other IEP examples in those IEP Toolkits (now sold as a bundle). I also have several articles on Present Levels. https://adayinourshoes.com/present-levels-iep/ One thing I would caution against is trying to make the Present Levels "strongly worded." Instead, make them specific, objective, and data-driven. A statement backed by data is much harder for a team to dismiss than one that's simply written with stronger language. For example, instead of saying your son has "major executive functioning challenges" or "severe work avoidance," I'd want the IEP to describe exactly what that looks like. How often does he initiate work independently? How many assignments are incomplete? How many prompts does he require? What happens when supports are removed? What is the educational impact? https://adayinourshoes.com/task-avoidance-task-initiation/ https://adayinourshoes.com/teaching-task-initiation/ For students who are cognitively strong, schools often spend a lot of time describing their strengths while minimizing how their disability affects their ability to access their education. "He's very bright" or "He's capable of grade-level work" doesn't tell the team why he's not making meaningful progress. The Present Levels should clearly explain how his executive functioning, emotional regulation, anxiety, or work-avoidant behaviors affect his ability to complete work, participate in class, make progress toward goals, and access the curriculum. That's the information that drives appropriate goals, accommodations, and services. Since you mentioned that his therapeutic school tends to downplay his needs, I'd also compare his progress reports to the actual data. Do the grades, missing assignments, behavior logs, teacher emails, or other documentation tell the same story? If not, that's something I would absolutely raise at the IEP meeting and ask the team to explain. And one last tip: whenever you see phrases like "needs occasional prompting," "sometimes struggles," or "making progress," ask for the data behind those statements. How much prompting? How often? What data shows he's making progress? Vague language is one of the biggest red flags I see in Present Levels. The more specific and measurable they are, the better the rest of the IEP will be.

Posting for a reader: Do you have templates or examples of specific and strongly worded Present Levels statements for highly cognitive teens who face social, emotional, and major executive functioning challenges? My son's therapeutic school tends to downplay his needs in his IEP and progress reports. While he has significant potential, his progress has been severely limited by massive work-avoidant behaviors. Any resources you could share to help ensure his IEP accurately reflects and addresses his challenges would be greatly appreciated.

First, I'm so sorry this happened to your son. No child should be afraid to get on the van just to get to school. And yes, I can tell you that the same thing happened to my son years ago. So yes, it absolutely can be done. In our particular case, it escalated quickly. The other boy decided that he just did not like my child (both have profound autism) and then it culminated in the other boy actually breaking Kevin's seizure helmet. I was seeing red, believe me. A few thoughts: The school district cannot simply shrug and say, "Well, the transportation company hasn't figured it out yet." The district is ultimately responsible for ensuring your child receives transportation safely if transportation is part of his educational program. Contracting with a private transportation company doesn't transfer that responsibility. If they promised you last year that your son would be on a different van, I would immediately put everything in writing (if you haven't already). I'd send an email to the special education director, transportation director, and your son's case manager. Include inyour email: The assault that occurred last year. The other dangerous behaviors you witnessed or were told about. The district's assurance that your son would be assigned to a different van this school year. That, as of today, they have not implemented that solution. That you are requesting written confirmation of the transportation plan before school begins. I would also state plainly that your son cannot safely ride with the student who assaulted him and that you are requesting transportation that allows him to access his education safely. Mention the possibilities of what could happen if this is not fixed (serious injury, school refusal). Keep everything in email/writing. (You know that's one of my favorite pieces of advice.) Would I hire an attorney today? Probably not as my very first step. I'd first create a solid paper trail showing that you've notified the district of the safety concern and given them an opportunity to fix it. If they refuse, ignore you, or insist he ride anyway despite the documented safety concerns, then it may be time to consult a special education attorney or advocate in your state. One other question: Is transportation listed as a related service on your son's IEP? If so, that strengthens your position because the district has an obligation to provide that service in a manner that is safe and appropriate. Don't let anyone minimize this by calling it "a transportation issue." Your son cannot benefit from his education if he's terrified to get on the van every day. I'd start with the paper trail. If they still refuse to act, then we can talk about the next escalation steps.

Posting for a reader: I have a question regarding the transportation for my son that his local public school provides. Last year at the end of the school year my son was attacked by another student on the same van. The student also pulled another child’s hair and also grabbed the van driver’s arm while driving. The other child goes to the same private school as my son but is a student in another school district, but the same county as we live in. The school is not in our county it is about 48 miles each way. The public schools have a contract with a local company to provide bus and van services. So they do not have the transportation hired directly. I was told that last year that by this coming school year they would put our son on a different van so that he would not need to be scared every time he got onto the van going to or from school. I am now being told that as of today they still have not resolved it van situation for this coming school year. I am not going to put my son in danger going to or from school anymore. I need some advice as to what my rights are. Should I contact a lawyer to get this problem resolved or what can I do.

We moved to our 3rd district in TN and they are stating she can't have her personal iPad with her TD Snap app but must use a school issued iPad. IEP from previous district lists her iPad as her speech generating device. In description they specifically mention my daughter "brings her own communication device to school, however the school has a backup device if needed." New school wants to replace personal iPad with school issued iPad after my nonverbal daughter was "caught" taking screenshots of the sentences she created in her own AAC device. ( My daughter is 12 and also has intellectual disabilities and will be further devasted if she can't have her own iPad.) Do I need to ask the school to provide a PWN for this?

"Schools shouldn't let a child enroll while knowing noone there is trained to teach them." Public school must enroll every student no matter what - this includes disability, English language learners, undocumented, etc. The system is set up so the public school can contract with any other school so that the student receives FAPE. Refusing to enroll a student because there is no one with expertise in the student's disability is a violation of FAPE & opens a school up to Due Process and needing to pay compensatory services. (On the other hand, not having someone with the expertise and not providing appropriate special education to an enrolled student is also a violation of FAPE & opens a school up to Due Process and needing to pay compensatory services.)

I wonder if any data has been collected on how many parents attend IEP meetings but are not able to make a valuable contribution or are too embarrassed to say that they don't understand things?

I agree with your thoughts. Although rare, these students are out there and they deserve an education. Maybe one thing that would help is to require schools to be plain and transparent with parents about the situation- making sure they understand that no one there has any training in deaf education. Raising awareness of deaf issues and needs for teachers and school leaders might also help.

If the school does do a phone call, you can follow up in an email. Hi- On 6/10, I spoke on the phone with Mrs Teacher. I was told XX, YY and ZZ. Just wanted to confirm that I got this right. No need to reply if we're on the same page with this. I know this is a PITA for a parent to send a follow up email but it does get the school's response into writing when they insist on a call.

Given you are looking to have the school to provide virtual instruction, this could be looked at as an accommodation (it's not specially designed instruction - it's specially formatted instruction). I'd want this in writing on a 504 plan. I'm leaning toward an IEP not being needed for this. The 504 keeps this on the school's radar under accommodations needed when headaches are too bad to go to school in person. The executive functioning issues might require specially designed instruction. This SDI can go on an IEP. My child had this on her 504. It worked OK.

First, a couple of questions. What is the specific disability for which she qualified under Other Heath Disability? What do you mean by "they determine the absences were her academically"? You need to ask for a revised PWN for the outcome of the eligibility meeting. It should specify under which category she meets criteria and clarify how she "meets criteria" but "doesn't qualify." At a minimum, the PWN needs to state WHY she doesn't qualify. 1. The school psychologist is correct that a goal for attendance due to a medical condition cannot be written. The hybrid model you propose is something that you should work out with the principal, as this is a general education issue and not a special education issue. You will need a doctor's note/report regarding the migraines and that her inability to attend full days in person is due to this. 2. IEPs are not limited to addressing academic struggles and/or learning differences. Just because a student is bright and capable academically does not mean services are not needed. So I would suggest not thinking in terms of "she doesn't need special education." She doesn't need it for specialized instruction in math or reading, but assuming the evaluation data shows this, she does need it for her executive functioning deficits. Saying "IEPS are only for kids with learning differences" is completely wrong. But so is saying "she doesn't need special education." Special education is much broader than addressing academics. Although I believe, as I state above, that you need to work out her general education schedule with the principal, the IEP could incorporate the hybrid schedule as an accommodation for her migraines. I don't know what a "transition plan" would look like since she has no control over her migraines. But if the data shows the need, you could absolutely have goals and instruction for turning in work on time and advocating for herself. Since the school is refusing a request (for an IEP and special services), it appears that in Minnesota the PWN must be provided to the parent within 14 calendar days of the request (so this could be interpreted as 14 days after the conciliation meeting, but this is not legal advice). You might go on the Minnesota Department of Education website and see if there is anything like a "Parents Guide to Special Education." You can also call them (specifically the special education department) and ask your question about the PWN - and anything else you have questions about.

My child has had a migraine/headache every day since January. She’s missed so much school going back all the way to the start of the year. I finally got the school to do an evaluation after asking twice. 25 school days after I first asked and two meetings after they tried to talk me out of it, they finally sent me the consent to evaluation form. And 32 And 32 school days later, I saw the results. She qualified under Part A of Other Health Disability and met the criteria in Part B/they determine the absences were her academically. But they denied her services. I didn’t get a PWN until three calendar months after the evaluation was complete (May 24 vs Feb 19) and I specifically requested it. It was incomplete and didnt include anything more than “this is late due to an oversight” and “child meets criteria and doesn’t qualify.” We had a conciliation meeting last week after I sent the letter of disagreement, and the school psychologist said that the services were denied because: 1. He can’t write a goal around attendance because it isn’t skills based. We were asking for a hybrid model where she endures language arts and math in person with her headaches every day and does the other classes online with one hour a day instruction. What goal(s) could I tell the psych to write in the IEP? 2. I am asking for special services and their IEPs go through special education and she doesn’t need special education (she’s extremely bright and capable with no learning differences). The evaluation determined executive functioning needs around organization, task initiation and completion, endurance, planning. I would think they could provide someone to teach EF; am I right? They said this was really just an attendance issues and their special education department handles IEPs but only for kids with learning differences. Since she doesn’t need special education, she doesn’t need an IEP. They are willing to temporarily set her up for the hybrid schedule, but won’t put it in an IEP. We need the IEP to return to as the headaches may come and go over the next three years, she needs a transition plan to return to a full-time in-person schedule, and she needs to learn how to get her work done on time and advocate for herself. I am still waiting for their revised PWN. How long do they have after the conciliation meeting to get it to me? I’m in MN.

@JSD24, first and foremost THANK YOU, THANK YOU, THANK YOU! The IEP team decided that they wanted to schedule an annual IEP review at the last minute. The date proposed fell on the same day as my child's class awards ceremony, so I they offered the following day. As I was leaving my child's ceremony, the school Principal stopped me in the hallway (with my husband and child) & thought it was a good idea to discuss if I would attend the meeting & tell me the team was recommending the completion of my child's IEP and move to a 504. I told her my child wasn't ready for that & we could discuss it in detail at the meeting. So much for confidentiality.... I read and re-read your note and did some research on IDEA & pulled out my procedural safeguards. That information helped me so much in my advocacy for my child. The school was recommending completion based on the data they collected which wasn't measurable (or complete) and seemed to want to use the 15 month old re-eval data. And then they tried to say that they didn't have to do evaluations to declassify him. They said my state doesn't require that and I said I go by federal law (IDEA), not state law. When they realized those tactics wouldn't work, the gaslighting started "I didn't say that we were removing his IEP." Silly rabbit, I have it in an E-mail. I also need to thank @Lisa Lightner for having the Middle School/High School webinar. That helped me so much with having an idea on what I need to discuss with the Middle School for my child's IEP. I only hope that the school and I have a smoother transition and more open communication when we have our meetings. I have my follow-up meeting with my child's Elementary School tomorrow to go over the draft IEP. I'm sure it'll be interesting and they're probably happy to be rid of me. Thank you again for your time, I sincerely appreciate your assistance.

Co-lab is probably the same thing, EXCEPT make sure that you get the push-in minutes defined as to how many and in what classes and that they are documented in the IEP. As far as phone calls, yes, it's very difficult to get a school district to only converse by way of email. The solution to that is to take good notes during the phone call (you can ask them to slow down or repeat something if you're having trouble keeping up with your note-taking). Then send the important parts (what was agreed to, what was denied, etc.) of the discussion in an email to whoever you spoke with stating "this is what I took away from our conversation" or something to that effect. Another option is to request another IEP meeting. Then you can get whatever was agreed to or denied in a PWN. Did you receive a PWN after this most recent meeting stating they are taking away all her instructional minutes? JSD is correct that they must evaluate to show she no longer has this need - if she didn't meet her goals, I don't know how they can argue that. If she cannot yet advocate for herself, the accommodations should not be on her. For instance, they should read that the teacher will check it to make sure she is on task, understands the assignment, etc. Ideally, she should have a goal for self-advocacy, especially since she has documented poor executive functioning, They definitely need to keep minutes in some form whether that be push-in or pull-out. As far as typing, that is no longer taught in most school districts (which is weird given everyone needs to have that skill). You will need to enroll her in an online course (or two) for that. Because you are correct, she needs to learn that skill. If it has been a year since her last evaluation, you need to request one and make sure it is done in all areas with which you are concerned. After that, you can request an IEE if the school district is still not doing the right thing.

Hi Carolyn, Thank you for your insight and help. It wasn't clear if they were offering "push-in minutes"., but I can ask for that now that I know the term. They said she would be placed in something called "Co-lab" which has a general education teacher + a special education teacher who would help if needed. I don't know how many kids would be in the class and how many would be assigned to the special educaiton teacher in the class either. I emailed them asking for the info and they want to do a phone call instead. I wish they would just answer my questions in writing via email. My child is horrible at asking for help in class (I suspect she doesn't want others to see she needs help and seen as weak possibly). She has ADHD, so she needs an adult to keep her on task and to help her start boring tasks. I have to sit next to her and keep her on task and direct her a lot at home to help catch her up on her in-class school work that she did not finish in class, + the homework that needs to be completed at home. Her written expression is extremely low on the state testing. In class, her in class school work is barely done. Her IEP has goals for starting a writing task, sustaining a writing task, Wilson's pull out for spelling, and has pull out for written expression with goal to write a short paragraph. She has trouble memorizing phonics and blending sounds when reading as she has a poor working memory for these, but has no problem memorizing facts about her favorite tv shows. Maybe they can give push or pull in/out minutes and typing class? She does not like using speech to text in school as I suspect it makes her stand out and makes others aware she can not type well. At home she if comfortable using speech to text, but it doesn't always understand her or work well (not sure which is the issue).

If they are ending IEP supports, they need to be doing a reevaluation showing there is no longer a need for these services. And if you don't agree with the school's eval because you feel a student in MS should be able to write a paragraph w/o help, you can ask for an IEE at school expense. Also, if this MS doesn't have what your child needs, your school can pay for another school that does provide what's needed. This is the right option if they don't have what's needed. This happens a lot: https://adayinourshoes.com/what-to-do-when-school-says-we-dont-do-that-here/ Gifted students like yours do tend to mask their disability. This could be why the teacher isn't seeing the need. IEP evals are normed and should be able to detect if a student is masking...which is why you end IEPs with an eval and not a progress report showing there is no longer a need for services.

This can also be a sign of school climate & culture. In other words, it can be a sign that the adults in the building see student who need extra help as 'less than'. I think it's a great idea to teach self-advocacy and a quick comeback works great. The truth is that adults need help too. Most people don't DIY everything. They have people who cut their grass, fix their plumbing, repair/maintain their car... I'd want to know how pervasive things like this are in a building. I know my daughter was bullied for going to pull-outs in elementary school. Hers were for gifted enrichment and cello lessons. I found this out too late to offer advice on how to deal with it.

Many school districts want to stop pull out minutes in middle and high school. Sometimes it is for good reasons, such as the student know longer wants to be seen by their peers as being pulled out for special education. Sometimes it's for "bad" reasons such as they don't want to utilize resources for pull out minutes in middle and high school (not a valid reason if the student still needs pull out minutes). But they usually at least offer "push in" minutes. Did they do that here? At a minimum, I would ask for those instead of just jumping from push in instruction to nothing, especially if she is not on grade level for writing. If the data justifies it, ask for push in minutes to get help with writing. This is not necessarily obvious to the rest of the class, as the person is often helping other students, as well. Having said that, if the need is there for pull out minutes, you can definitely fight for that. "We don't do that" is not a valid reason. But you do need data. It sounds like your daughter only has a goal for spelling within the "specialized instruction for writing" category. This is a tough one to keep as it's not a well defined sub-category of written expression. So you will have to show a need. Does she spell well enough for spell check to know what she's trying to spell and does she have this accommodation? If so, that may be all you can get. However, if she is so poor at spelling that the accommodation is useless OR the teacher cannot understand what she is trying to say in a sentence/paragraph/essay, that is an argument for a spelling goal. due to her spelling deficit affecting her ability to access FAPE. Moving forward make sure to have all written work sent home so that you can see her output and start collecting data to make your argument. But it sounds like your daughter needs more than a spelling goal if she cannot write a 3 sentence paragraph on her own (start collecting the data on this, as well). To get that you will need to ask for an evaluation in the area of academics, specifically, written expression. If the evaluation comes back with low enough scores to find eligibility in written expression, there's the data you need to either get pull out or push in minutes. If they still refuse, ask for an IEE. Finally, is there any concern about dyslexia or dyslexic tendencies here? With her being 2e, she may very well have been masking this throughout elementary school (by memorizing and figuring out words from context) and may present as reading on grade level. If you have any concerns at all about this, also ask for an evaluation in the area of reading. Make sure they do subtests that dig into phonological awareness and phonics (the very basics of reading foundation) because that's where these type of students usually slip through the cracks. But not having the foundational skills in place usually catches up with them at some point.

We had our middle school articulation meeting as my child (ADHD & 2e, with poor executive function) is going into middle school next year. They said they will keep all my child's accommodations, but not the pull outs because the school "doesn't do that". Is this legal? She has not met her most of her IEP goals. And has definitely the goals for spelling and executive function. She gets pulled out for spelling using Wilsons. Yet her spelling is below grade level and she can not write a 3 sentence paragraph independently on her own. I pointed out her spelling issues and they just replied they don't grade spelling in middle school, so it is not an issue. I disagreed and said that doesn't matter, she is not at grade level and can't write an essay on her own. They just repeat that they "don't do that" in middle school. What can I do to get her pull outs in middle school? Or do I need to advocate they pay for tutoring for spelling and writing skills? Or is there something else I can ask for here in CA? They don't offer up solutions.

One of our community members shared something that got me thinking. She's a Reading Interventionist and former Special Education teacher. A parent recently told her that another student sometimes makes comments that make her child feel "stupid" for getting reading help. Oof. First, that parent's response was exactly right. She had great advice for him, reminding him that we all have things we are good at and things we need more work on. That's true for kids and adults. But it got us wondering... What can we teach kids to say in these moments? Not every child is ready to ignore it and walk away. Some kids feel more confident when they have a few phrases prepared ahead of time. So let's crowdsource some ideas. If another student says something like: • Why do you leave for reading? • Are you in the dumb group? • Why do you need extra help? What are some responses a student could use? Examples: ✔ Everyone learns differently. ✔ I'm working on my reading skills. ✔ Lots of people get extra help with things. ✔ This is what helps me learn. Parents, teachers, and students, what would you add to the list? Let's build a resource together that helps kids respond with confidence instead of feeling ashamed for getting the support they need.

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.