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So the school decided to ignore the BIP and things spiraled out of control. That's what I'm getting from your post. He needed the support that's written into his IEP & the school failed to provide it. Not sure why they are taking you to Due Process over their non-compliance with his IEP. On top of that, they decided to further traumatise him by cuffing him and having him spend the night in a detention center. My guess is the school is looking only at what your child did and following school board policy - 'you hit a classmate and destroyed school property and you're expelled' is probably what the policy says. What they aren't looking at is the non-compliance with the IEP and the lack of support they were supposed to provide that led up to this happening. I'm thinking you want to bring an attorney with you to this hearing. They aren't going to listen to your side of things without one. I could say more about how this school allows classmates to bully (it's bullying because it's repeated) your child. They shouldn't allow this to be happening - pretty sure there's a federal regulation about bullying in schools not being allowed. I'm thinking this might not be the right placement for your child. If the bullying happened with the school following the BIP, the BIP might not be FAPE. This is something to also bring to the attorney's attention. Sorry to hear that the school messed up and you now need to deal with this.

Did you make your request for your child to be placed with her friend in writing? If you did, include a copy of that when you ask why they aren't together. There is a saying in education: If it's not in writing, it didn't happen. I feel this is something parents should be aware of. My mom-to-mom suggestion: Get your child formally diagnosed. This way, when you want to start meds, you're not waiting months to get in to see someone who can diagnose. I did this with my oldest. Diagnosed in K; started meds in 4th. (Also, it can take months to get in to see a psychiatrist to prescribe meds. You might want to also find someone who takes insurance & will prescribe - this could be your PCP or someone else. When the time is right to start meds, you don't want to have these roadblocks and delays to starting them.)

I live in a 2-party state. We have a form to fill out if we want to record. They want 7-10 days notice because the district wants to record if the parents are recording. Allow sufficient time with telling them you plan to record in case they also want to record. (They might need to dig out and dust off an old cassette recorder. ) It's hard to participate and take good notes at an IEP meeting. IMO, recording the meeting should be something all schools allow.

This doesn't sound like a due process hearing in the realm of special education. Who was the letter from?

We did receive a letter that states the hearing is due to breach of code or conduct and he’s been suspended - threatening others and staff, disrupting school environment. I’m assuming depending on what happens at the MDH will determine what happens with the DPH - expulsion, further suspension (he’s not been in school for 11 days already due to the meetings being pushed back twice), alternative school

I don't understand this "scheduling" or "calling for" a due process hearing. Did you receive any paperwork on this? The paperwork should explain why the school district is filing for due process, give you a deadline for your response, etc. It sounds like you've had an attorney before. I would consult with him/her on this matter.

My child has an intellectual disability (iq is 70), anxiety/depression, ADHD, developmental trauma, DMDD, recent TBI, possible FASD (he’s adopted so we have no info on bio family). He’s had an IEP since 3rd grade, BIP since 6th and is currently in 8th grade. He’s always had behavior concerns and medication has been helpful. Unfortunately he’s unable to take ADHD meds at the time due to stabilizing his emotions and mental health. He’s done two inpatient treatments in the past four month for suicidal ideation and suicide attempt. He had a major concussion and had to be life flighted to a level one trauma center due to an accident two months ago and his behaviors have become worse. The school is aware of the accident and inpatient treatments and his inability to take ADHD medication at the time. I always email to keep them aware of his behaviors, med changes, appointments etc. He sees a psychiatrist, psychologist, a counselor and I brought him a neurodevelopment exposure clinic to see a group of specialists. He’s had two rounds of genetic testing and he’s seen a pediatric neurologist who ordered an MRI of his brain (prior to the concussion). His psychologist and the specialists we saw at the neurodevelopment clinic all reported he’s easily triggered by school work that’s too difficult for him to complete. He shuts down. He elopes. He is also the kid that others pick on and agitate bc they think it’s funny for him to get mad, use profanity, break his glasses, etc. He blows up and shuts down or leaves the room. His fight/flight response is definitely there. He’s commented he is the one that gets in trouble at school but other kids get away the things they do to him. Due to his cognitive disability, impulsiveness and DMDD, he is unable to draw on the appropriate response or coping skills in the moment. He can later see what he did wasn’t appropriate and he can tell us what he should’ve done instead but in the moment, he is not able. The school is aware of this as well. On the second day of school there was an incident at school where he became very angry at another student that had put his hands on my son. He made inappropriate threats against the other student and once he got called into the office, he continued threatening others, tearing up the principal’s office. He’s never done this before. The SRO placed him in handcuffs and he was sent to juvenile court, and then sent to the diversion center (aka juvenile jail) overnight. He was released back to us the following day and we have a court date next month. The school has scheduled a manifestation determination hearing next week and a due process hearing that will depend on what is found at the MDH. I’m confused about what to expect at the DPH since we did not request it. I have tons of evidence from every medical professional he’s seen, emails to staff and admin, attorney’s letter from when the school was in non-compliance of his IEP two years ago, his BIP which outlines warning behaviors that he displayed that day and were missed, letters where I’ve requested a paraprofessional several times, letters where I’ve asked to change his exceptionality from SLD to ID, etc. This whole ordeal has been beyond traumatizing for a child that has already experienced developmental trauma, a child who’s intellectual disability and emotional age have him functioning around age 7-8, actual age is 13. For reference, we don’t see a lot of these behaviors at home bc we can easily deescalate him, we guide him as best we can when he’s frustrated, and we don’t do things to intentionally agitate him. When the school calls a due process hearing due to placements (expelled, suspended ?) what should I expect? I realize most of it is hinged on what is decided at the MDH.

Iowa is a one-party consent state, so you’re legally allowed to record without notifying the team. That said, you’re also right that it's highly recommended to give notice in writing ahead of time. This helps avoid unnecessary tension at the start of the meeting and puts you on solid ground if anything were to come up later. You won't win any popularity contests if you do it secretly. And I know, your goal may not be to win any popularity contests, but I always encourage parents to think about it in reverse: the team thinks they are meeting your child's needs, it is seldom that there are truly malicious IEP team members.So how would you feel if you were doing your best under the circumstances, and you were being secretly recorded? In terms of experience: most teams act more cautiously when they know a meeting is being recorded. That can be a good thing, it often leads to clearer communication and fewer off-the-cuff comments. But some teams do get visibly uncomfortable or defensive. If that happens, just calmly remind them that it’s legal and that you’re doing it to help you stay focused and review the details later, not to “catch” anyone. Also, make sure you have your device fully charged and that it records clearly. Some parents even say something like, “Just letting everyone know I’m recording for my own reference” as the meeting starts. more tips here: https://adayinourshoes.com/record-iep-meeting/

there are definitely a few important things you can and should still do in this situation, especially given what you’ve shared. 1. Put your concern in writing to the principal, too. Even though the VP and facilitator are looped in, the principal is typically the one with final say over classroom assignments. If you haven’t already sent it directly to her, you should, even if your relationship is strained. Keep the tone factual and focused on your child’s needs (not the past conflict). Frame it as a request for a reconsideration based on emotional, social, and academic benefit. Reference your daughter's documented anxiety and how the peer connection helped her engage, participate, and grow. 2. Request a meeting ASAP. Instead of waiting for an email response, ask for a quick meeting with whoever is part of the placement decision. It doesn’t need to be an IEP meeting, just a school-level meeting. Face-to-face can be more effective in situations like this, especially if you’re met with silence via email. 3. Reference the RTI and testing concerns. If the psychologist acknowledged that the testing may not have been accurate due to anxiety, that’s important. You can ask that the team consider reevaluating her once she's acclimated to the school year, or to consider an eligibility determination based on a body of evidence, not just test scores. Also, this may make her eligible for an IEE, so you may want to read up on that. Also: chronic anxiety can qualify a student under the category of Emotional Disturbance, even if ADHD isn’t formally diagnosed or medicated. If her anxiety is interfering with her ability to access the curriculum (and it sounds like it is), she may still be eligible under IDEA or for a 504 plan. You can ask the team to revisit that. 4. Continue documenting. Keep track of everything, emails, responses (or lack of them), and any behaviors you notice in your daughter during this transition. If the separation leads to a regression in progress or increased anxiety, document it. That kind of data becomes very important when requesting reconsideration, reevaluation, or formal supports. 5. You’re not overreacting. Your instincts are right. Positive peer relationships can absolutely serve as a support for children with anxiety and other emotional needs. There’s solid research to back that up, and it’s okay to include that as part of your request.

I have a quick question - 2 of my 3 children have IEP’s, the daughter that doesn’t is going into the 3rd grade, I did have her evaluated for an IEP, she has received RTI services every year since kindergarten. She really struggles with reading and severe anxiety which is related to her having ADHD which I did not get diagnosed but did discuss with her pediatrician but I have not felt it affects her to the level she would need medications. i did request the testing and shared that her qualifying for RTI shows that she needs more support. They did testing and said she didn’t qualify but the school psychologist gave some suggestions and she cautioned that the test results may be off because of my daughter’s anxiety, she has a hard time talking in front of unfamiliar people which made it difficult to know if she understood things or had any questions. I had requested at the end of the year that my daughter be kept in the same class as her best friend. The school agreed that she did better when had a connection in class, toward the end of the year she was even raising her hand and willing to try to read out loud. I have had a challenging relationship with the principal, there were a number of incidents some that I had to file state complaints about, just one example my son with cerebral palsy was not potty trained in kindergarten and she threatened that if he wasn’t potty trained over the summer - she would not allow him into the 1st grade. I can’t understand any good reason that she would separate the kids as they each benefited each other, there was no behavior issues, etc. I looked up research on all the impacts of nurturing positive relationships in the elementary years. I wrote an email yesterday after finding out the children were assigned different teachers. I sent the email to vice principal and the school facilitator for IEP’s asking them for any help and to request a reconsiderationb is there anything else I could or should be doing? Thank you, Tina

I'm not in Iowa, but can tell you my experience in Missouri, which is also a one-party state. I would first look at the school board policies to see if there is anything regarding recording school meetings. Sometimes they put requirements on the right to record, such as a certain amount of notice. So it is good to send an email prior to the meeting, but make sure it gives sufficient notice if that is required. Some school districts have a policy, even if they are a one-party state, that you cannot record meetings. Although I personally feel these policies violate the law, it's not a battle you want to personally take on, so hopefully your school district allows recordings. Here in Missouri it got so bad with school districts disallowing recordings, that a non-profit disability rights group had to push for legislation specifically allowing parents to record IEP meetings (the legislation passed, fortunately!) If there is no policy and you are verbally told "no," ask them how this works since the law gives you the right to record. If you still get pushback, I would further encourage them to speak with their attorney and get a legal opinion on this issue because until you see a valid legal reason not to record in a one party state, you are going to record. And if they refuse to hold the meeting based on this, file a state complaint. Just preparing you for all possible scenarios - hopefully it won't get to the "worse case" scenario. Good luck!

I have an IEP meeting on friday and curious what peoples experience has been recording a meeting. I am in iowa which is a one party state so I know that I can record. I also know it is recomneded to send an email prior to the meeting to notify them that I will be recording. But I would like to hear what others have experienced.

I found this which says that parents can observe - it's silent on a behavior specialist observing. https://codes.findlaw.com/ca/education-code/edc-sect-49091-10/ I'm wondering if this is why the school is saying the parent needs to be there. You might be able to get around this by granting the BCBA educational guardianship for the sole purpose of doing this observation of your child. Ask the school if this would be OK per their rules. There's probably a website where you can find out how to do this without getting a lawyer to draft the paperwork. My school does have a policy on this and a professional is allowed to observe longer than a parent since observations are often required as part of a comprehensive educational evaluation. The wording with my school is 40 minutes per quarter but it also says per subject (this is for parents). This means a parent could come in one week and see math for 40 minutes and then come back and see science and PE and ELA and... Did the BCBA say how long/how many times they would need to observe to have sufficient data to do the evaluation they are looking to do. If they're looking to provide an FBA, 20 minutes isn't long enough to have sufficient data on which to do a private evaluation. Also, it's not best practice to have a parent present when a professional is doing an FBA. If the professional guidance on FBAs doesn't fit with the school's rules, I think you have a good case for the BCBA being able to observe more than 20 minutes. This is something central admin would need to OK - in other words, you'd need to go over the principal's head.

One thing that hasn't been said: An IEE is an outside evaluation. Outside evals are 'considered'. School evals are followed by the school. I'd ask their SLP if they are familiar with the TOPL. You want this test if the SLP can do it but you'd like them to do the optional extended assessment as well because you feel he might mask at school where their assessment might not be accurate w/o this extra bit of testing. Meanwhile, get on a list or 2 for an IEE. If the SLP doesn't do a great job, you can ask for the IEE again. My SD has electronic report cards. There are a bunch of different ways to code an absence on the report card. Look up how his being removed from general ed was recorded. Being removed for 3 hours a week amounts to missing one school day every-other week or around 20 days of school over a year. If this isn't reflected on the school's records, I'd file a complaint with your state's dept of ed because their records aren't accurate. Or, if you have this data, you can request through FERPA that your child's school records are corrected given the school hasn't been correctly recording when he had in-school suspensions the prior school year. Not sure about starting with a request to see his records in person so you can determine how often he was given ISS w/o you being informed. School policy should show how this should be handled (and my guess is that parents should be in the loop when this is happening). Policies are generally on the school district's website.

What is their reasoning for this? If given a reason, ask for the written policy. Can you compromise and have you and the principal outside the classroom unbeknownst to your son? Did the school do an FBA? Sound like even if they did, it was insufficient if you think additional accommodations are still needed. Either way (now if they've done an FBA, later if they haven't and you need to request one) you could go the IEE route and the school would have to let the provider do the observation in the time and way that s/he sees fit.

This sounds SO similar to my son (7, adopted from foster care, ASD, gifted). I made the mistake of allowing the school to do their own re-eval while in the process of the IEEs. Their re-eval was a waste of time, but only strengthened their argument to say "look, we now have TWO assessments contradicting the IEE!" Things got to the point where he was assigned an aide and a BIP under the 504- but now that we are on the IEP they removed a BIP and said "its not needed." The battle when you have a child who doesn't have academic delays but needs social/ emotional and executive functioning supports is not easy.

My 7yo is on an IEP. His private BCBA requested to do a school observation, to help us figure out how to best support him at home, as well as additional accommodations to request at school. The school has stated she is only allowed to do a 20 min observation, and only with me and the principal present as well. I work full time and cannot be there, plus if I'm there it has a significant chance of changing his behaviors in the classroom. We are in CA. Is there any regulations around classroom observations?

Wow. This is a lot and some is outside of my expertise, but below are the things that jumped out at me: 1. I don't know Ohio specifically, but I would want each suspension to be "formal" and not "informal," so that you could build up to the 10 days needed for a manifestation hearing, which in turn might lead to additional testing and support. So when they call you to pick him up because he has been "informally suspended," I would refuse until you received something in writing that he is being "formally suspended." But again, maybe "informal suspension" is a thing in Ohio? 2. Find or ask for the school board policy on formal (and informal?) suspensions and manifestation hearings. 3. I would argue they're out of compliance regarding the IEE request, but that's a little fuzzy. Under the IDEA the school district must provide this "without unnecessary delay." I don't see anywhere where the time is suspended for summer (as it would be for a request for a school evaluation). The director of spec ed (who normally handles requests for IEE's) would likely be a year-round employee and could have started on this request. There is caselaw that three months is considered "unnecessary delay." I would really push back on this and insist they get the ball rolling with respect to the IEE. 4. Given the poor quality of the school evaluation and that they've had multiple opportunities and sufficient time to do their own evaluation (requested last December!), I would not give up my right to an IEE or delay this process. You need to reach out yourself and get on a waiting list - don't wait for the school to do this. I understand your concern with it taking "a million years," but the school district is also taking a million years and you can't trust them to not keep stalling. Plus, their evaluation will likely be insufficient, so better to wait for a good one than get a bad one and have to start all over with the IEE process. Make sure it is done in ALL areas off concern. But to answer your question, unless there is something specific in Ohio, I don't think (but am not sure) there would be any harm in letting the school district do further evaluations - as long as the IEE process continues. If it's an "either or," I would choose the IEE route because you're probably going to end up there, anyway. 5. ln terms of "proving" the 504/BIP is not enough, that's why you need to insist on FORMAL suspensions. You also need to journal all the times you are made aware of him being in the hall, in another classroom, or with an administrator, as well as "informal" suspensions. You could also revise the BIP to require data collection.

Admin Note: I don't normally do anonymous posts, but this person is having trouble getting past the recaptcha, which we're trying to figure out. In the meantime, I said I'd post her question so that hopefully it has responses by the time she can get in. --------------------------------------- I have been fighting our (Ohio) school to get an IEP for my 9yo son (diagnosed with Social Pragmatic Communication Disorder, PTSD, and ADHD; adopted from foster care and had extensive early neglect) for over two years now. He gets good grades and tests well, but struggles extensively with the social-emotional parts of school and executive function stuff. Last year he was spending time in the hall, in another classroom, or with an administrator at least three times a week for a solid hour at a time and getting informally suspended more and more frequently, which to me means not accessing FAPE. In second grade, they declined to assess for an IEP based on classroom observations and good grades and punted him to RTI for speech. Not knowing what I know now, we assumed good faith and went to get a private psych eval to get diagnoses and prove disability, which took nearly a year. When I got the psych report last November, I sent it to the school and asked again for an IEP assessment in December. I followed up in February when they were out of compliance, and they slapped together a 504 Plan in February for his ADHD. At the same time, his behavior was getting more explosive, and he was getting informally suspended more and more frequently. (Also didn’t know that was a thing at the time.) When he got formally suspended for the first time in March (and my conversation with the principal revealed that the principal believed he was three incidents away from expulsion), I hit the roof and demanded all the things. The school psych used the private psych report to put together her portion of an ETR, the school gave us an FBA with one of the district BCBAs, and the school SLP declined to evaluate for the ETR again, somehow, despite my son receiving speech services at the local children’s hospital (for pragmatics and articulation). They were rushing a lot of stuff because by this point it was the end of the school year. At the ETR meeting, the LEA/school psych said he did not qualify for an IEP on the grounds that there wasn’t evidence that his disabilities were impacting his access to FAPE, and that we needed to use the BIP and “wait and see.” This is where I finally did some Googling and discovered y’all and started learning the process. I talked to our state disability rights org, who assigned me a short-term advocate to give me advice. She read the ETR and said it was really badly done and I absolutely had grounds to request an IEE. She specifically pointed out that not having a speech eval for a communication disorder was ludicrous, that there was no OT eval despite SPCD being related to autism, and that the report the school psych cribbed from the private eval failed to address the clinically significant results of various assessments. I asked for an IEE using the Don’t IEP Alone template at the end of July, and the district IEP person said that we needed to wait for the school year since most staff were 10 month. I emailed to follow up today (3 days into the school year), and she said that we could either proceed with an IEE (we’re not on a waitlist yet) or the school could do the speech and OT assessments and we could have a new ETR and meeting. I need advice on this. I am torn, because I feel the school has been acting in bad faith for a long time and the IEP rep did not mention readdressing the psych eval concerns. On the other hand, an IEE is gonna take a million years. Is there any harm in saying yes to the re-eval while getting on IEE waitlists in case they keep trying to deny the IEP? Now that I found Don’t IEP Alone, I am keeping much better documentation, I am working to find a longer-term advocate, and I hope to have a much stronger case and be more prepared for an ETR meeting. Also, how do I prove the 504/BIP is not enough when there’s no IEP mandating data collection? When I asked for my son’s behavior record last year (in writing), they gave me one mostly-empty page documenting the one formal suspension and that was it.

If you are in PA, then Chapter 14 applies. In other states, it's § 300.303 Reevaluations and any local case law that applies. And the federal law seems vague to me. You can file a state complaint for not following timelines - it's a procedural violation in PA: https://odr-pa.org/parent-resources/state-complaint-process/ Without knowing for certian what state's rules apply, it's possible that your school is OK with timelines and the new eval is due in October 2025 or March 2026. In most state, I believe you can request an IEE at school expense when a school fails to do a timely triennial eval. Most state also allow the school & parent to agree that an eval isn't needed. In this case, the progress reports are what defines the stude's baseline on which to determine goals & services. The Stay Put process varies from state to state. If you are not in PA, you should look at the procedural safeguards in your state as that should explain what to do. Given this is a national group, unless a question is posted in a Pennsylvania-specific part of this site, I tend not to assume that the poster is in PA - especially when they call an IEP meeting a CSE meeting. CSE seems to be a New York term. I tried to confirm what the reeval timeline is for NY & I didn't see where it said 3 years from the school's evaluation. It said reevaluations every 3 years or sooner if needed but not more than once a year. And there are exceptions to the once a year rule as well.

Thank you, Annique! Super helpful.

Which date/set of data should drive the timing of the 3 year eval-original or IEE? The original school evaluation date (April 2022) drives the 3-year reevaluation timeline, not the date of the IEE: IDEA Regulations – IDEA 34 CFR §300.303, / PA Chapter 14 Regulations Are they required to compare any new evaluations to the IEE neuropsych data in the IEP or PLOP? Yes, if the IEE was accepted in full or in part and used to determine eligibility and develop the IEP. The school must consider that data when reviewing progress or conducting future evaluation: IDEA 34 CFR §300.502 If he doesn’t qualify, or if the school doesn’t conduct a comprehensive evaluation, can you request another IEE? Do services continue during that process? Yes, you can request another IEE if the district’s reevaluation is insufficient or you disagree with the results. Services continue during this process under "stay-put" protections: IDEA 34 CFR §300.502 and §300.518 / Office for Dispute Resolution (ODR) – IEE and Due Process Guidance

Hello. My son was originally evaluated in April, 2022 by our district and found to not qualify for services (dx: anxiety and ADHD). We requested an IEE, for which a neuropsych evaluation was done in October 2022 (new diagnoses of moderate dyslexia and dysgraphia and disorder of written expression). The report wasn't available until March, 2023 with our original IEP meeting June 1, 2023. He has been receiving services since Sept, 2023. There was no discussion of re-eval at our CSE meeting this year (May, 2025) though the CSE chair had resigned, and the school psychologist was serving as interim. A few questions: Which date/set of data should drive the timing of the 3 year eval-original or IEE? Are they required to compare any new evaluations to the neuropsych data (IEE) which qualified him for services and is in the PLOP? If he doesn't qualify, or they don't do a comprehensive evaluation, I can request an IEE, correct? Would services continue during this process? Thanks, Betsy

It's hard to comment without knowing the specific facts of each case (for instance, it might matter whether the private placement was by the parent or by the school), but if a parent can waive FAPE in a settlement agreement that includes a private placement, I would assume that would mean the entirety of FAPE - even the "free" part. Waiving FAPE in order to receive the services of the private school allowed the school district to use this as an argument to not cover at 100%. May not be the best result, but I can't think of a reason it would not be allowed in a situation involving a private school not subject to FAPE, and perhaps having 50% covered was the best the parents thought they could receive without spending more time and money. Unsure in Seattle (actually, Kansas City :))

I was reading a post in a Facebook group and I'm in a bit of shock about what I saw. This was about a school district in PA and out of district placements. An advocate posted that they've seen this district cover 50% of the tuition for private schools for several students. I thought that offers from a school needed to be FAPE - Free Appropriate Public Education. It's not 'Free' if only half is covered. I did ask the advocate how they are able to only offer 50% and it's OK. She said, because the parents were waiving FAPE, that the school wasn't obligated to pay for 100%. Settlement agreements, where the private school isn't going to follow an IEP, does require a parent to waive FAPE. I thought that this was waiving the right to having an IEP where the student would be getting special instruction to meet specific goals - in other words, the 'A' in FAPE - Appropriate. I didn't think they would also be waiving 'F' - Free. Does this sound right to you?