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Marcy joined the community
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Can they force me to let them change his diaper?
Lisa Lightner replied to Jennifer11's question in IEP Questions
No, he needs a PCA. Or the school nurse can do it. -
Hi! Can they force me to let them change his diaper? Any time he needs a change I go to the school to change his diaper. We also have regularly scheduled times for me to change him. I’m always available, and do not want them touching his private parts. They don’t like that I come to change him, and keep harassing me to let them change him. Can they force me to let them change his diaper?
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Would government agency help? I deal with older kids, but to be honest if what is happening continues, your kiddo, sounds like he will be my kiddo, but older. In PA in Allegheny county we have liaisons for each school diaristic for mental health. They can sometimes help families get connected to resources and it almost sounds like they need someone to help at home, which might translate to school or at least have someone "official" be able to share with school that there are issues that the family is seeing that don't happen in the summer or during breaks from school. I believe the family, but I hate to say it, parents get blamed a lot even when they are doing everything that they can do. One other thought, I know everyone does not want to deal with lawyers. In Allegheny County we have a few education lawyers who meet with families for free and what they have told me is often times just a letter from them without any other action will allow for thing to happen. It does not need to be a mean letter, but a letter. I am a special ed teacher, with a kid with a hearing loss, my district knows the place I work, and that I work with education lawyers and yet I often times have had to jump through hoops to get what my daughter has needed even when I have data to back my request. I hate to say the squeaky wheel gets oiled and the other wheels get ignored, but you might have to be squeaky.
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leah joined the community
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Social work or mental health services instead of guidance counselor?
JSD24 replied to Mandypenn76's question in IEP Questions
This might be my prejudice talking but why ABA for a teen? My oldest has autism (diagnosed in 7th grade) and we never did ABA. We went to all sorts of therapists to address mental health issues. Social skills therapy ended up, IMO, making the biggest impact. We did CBT & DBT but with an ODD diagnosis, I don't think ABA would have been a good match. If you're seeing progress with ABA, you might want to stick with it but if you don't see progress, it might be time to change what you're doing. Maybe more therapist & less ABA? Now would be a good time for natural consequences with not handing in work. 8th grade doesn't go on a transcript a college would see but 9th grade does. As far an "natural consequences" goes, my son would not hand in work. He didn't do the big book report project that was assigned each marking period. The school didn't average it in - like it wasn't assigned. If they averaged in the zeros on these, he would have failed English at least once. FBAs. Have you read the blog posts about them? https://adayinourshoes.com/behavior-iep-special-education/ And https://adayinourshoes.com/school-fba-behavior-plan/ An adult observing a student might get to the root of a behavior or it might not. Can you look at a child and see they are hungry & distracted? That they can't read at grade level? I was asked to sit in on an IEP meeting or 2 for a CASD student. He would have been in 11th/12th grade. He had a goal of going to college with a major requiring a lot of reading. He was reading at a 5th grade level. I told them that they need to bring up his reading level if he was going to be successful in college - that's what the transition plan that starts at age 14 should do, develop the skills needed for life after HS. He would have needed to fund college with student loans. I could see him lasting a year and failing out and having a hard time paying any loans off without a college degree. It wasn't a good IEP and he wanted to graduate in 12th grade - not stay for another year and learn to read. Does your son have academic needs & are they being addressed? Is there SDI in the IEP with a goal of catching up? Is he making progress? -
I have a few thoughts. One is: He's got Afterschool Restraint Collapse with masking at school and then letting it out when he gets home. This is a real diagnosis. You can request a 504 meeting and see about putting accommodations into the 504 to help address this disability. To set the meeting up for success, you probably want to bring someone from the afterschool treatment team to the meeting to make sure the 504 supports work to support this aspect of his disability. (In other words, I don't feel the 504 team will believe a parent that he needs support they aren't already providing. They are wanting to hear this from an expert.) Not sure if anyone from outside of school did in-school observations where they have an idea of what sort of support is needed but that's the person to come to the 504 meeting - might be via phone or Zoom. Another thought I have is an IEE at school expense. You didn't say anything about academic needs. Is he pretending to read (masking) during independent reading where he knows he's different academically and this comes out at home as behavior? I'm trying to see what specially designed instruction the school needs to provide to support his disability. Knowing what support he might need, might help me to figure out why they don't see an area of suspected disability they need to assess and address with an IEP. Knowing this would also help to say what an IEE would need to look at. Do you know what the letter requesting the eval said was the areas that needed to be assessed? I can make a guess that social skills or pragmatics might need to be looked at but that's 100% guess. My final thought is to change up the 504 so the Afterschool Restraint Collapse gets accommodated better. It's possible the school is right where an IEP & SDI aren't needed and updating the 504 will help ease what happens at home. Might need to be a series of meetings if you see a little improvement and the accommodations work where more might work better. Also want to mention about Ross Greene & CPS. It's really a way of talking to kids about their problems and then working with them to fix the problem because if you don't understand the reasons for the masking, it's going to be hard to accommodate them. More info here:
- Yesterday
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Social work or mental health services instead of guidance counselor?
Mandypenn76 replied to Mandypenn76's question in IEP Questions
Actually, this was a follow-up after his IEP update meeting for the beginning of the year. I've been a bit pushier lately (thanks to the website and everything I am learning!), but this is new for us and I don't have much info on what a mental health eval and/or the IU will do for him. But it took 3 requests to have this specifically written in the NOREP that they were no going to schedule meetings with the guidance counselor. And so far, I have not heard of any times that she has called him in to see him, either. We have a Psychiatrist (for med management), therapist, and ABA therapy outside of school, so I was hesitant to add any more providers at the risk of him being "over clinical-ed" All that to say, NONE of his SDIs are good SDIs, and few are being followed. I have been considering getting an advocate, and yesterday his case manager told me that I should just "let him see the natural consequences of not turning in work" when his one goal on his IEP at the moment is "will complete and submit all assigned classwork and homework each week with no more than 2 missing assignments for 4 consecutive weeks when measured once weekly through check-ins and weekly grade reports." So there needs to be a major overhaul on his IEP. We are waiting on a new FBA, so I am gathering data and trying to figure out next steps. - Last week
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stardancer10 joined the community
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Jennifer11 joined the community
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laurag started following School refused evaluation
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Good morning, I am working with a family who has an adopted son. This late elementary school child has a significant trauma history and in-utero substance exposure. He has been diagnosed with ADHD, attachment issues, anxiety and depression. He has a 504 for his ADHD. This is his first year at this school. The teacher is very supportive and accommodates the child extensively. The child is in 10+ hours of outside therapy per week and is picked up early from school 4 days/week to attend these supports. He is also on 3 mental health medications. The child has explosive behavior at home but the school says the child has no academic or behavioral issues at school. I would love for this child, who is masking all day at school, to get more in-school support. This would in turn reduce stress on the child and family. The school denied the request for evaluation due to 'no adverse impact' at school. The family did provide extensive reports from outside therapists, doctors, and a full neuropsych report all stating his severe challenges. The family has not yet received the PWN. Any advice on how to show the school that his disabilities are affecting him but in delayed and less obvious ways? Thank you for your help!
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I am in CA, too. I had not done observations for a very long time, but have definitely been reminded lately (just did one yesterday) how valuable they are. Districts are very good at spinning the truth to minimize their risk and obligations to provide FAPE, which often equals dollar signs. So, while it may be annoying for you to attend, I learned that observing at the same time as the district/administrator, you can have a more intelligent conversation at an IEP meeting about what was observed. If your BCBA is willing to attend an IEP meeting to discuss their observation, great, but if not, you may want to prioritize being there to offer a likely different perspective that the district will share at a meeting. For limiting it to 20 minutes, I would push back if you want to see how they are doing in a specific subject, time of day, etc. I often put in writing why it's important to request additional time, etc., and connect it to meaningful parent participation and parent rights to ensure the IEP is being implemented with fidelity. I would definitely require them to put their policy in writing and consider if they keep pushing back if they are required to respond to the denial in the form of PWN. I am actually going back and forth with the district because they have denied (verbally) my request to be present at their observations. They are building a case, so they do not want parents to see what is actually taking place when they state he is doing everything independently, etc. I think they are aware that if we observe in a collaborative manner, it will make their narrative much more difficult to "prove". So, I am still requesting that they put their policy in writing because two years ago, the policy was the complete opposite, and one of their district staff was required to be at any parent observation. All that said, keep pushing back and ask your BCBA what is necessary as far as time, as well. Documenting the BCBA's professional opinion and submitting your requests in writing is crucial and is important if you ever file a state complaint or file for due process/mediation. This is speaking as a parent who has participated in both, and what "saved the day" was that we put everything in writing. If it isn't in writing, it didn't happen!
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Answering this many months after it was posted because this was posted as a resource and not a question about an IEP. One thing that I felt was missing from the IEP is mention that parents are providing outside tutoring for 1 hour 3X per week and that the parents feel this is the main reason your child is making progress in her ability to read. I would question how a student who is reading in the 6th percentile per special ed testing is able to get A's and B's in school. Why are they referring to 4th grade Lexile levels when the student is in end of year 5th grade where you'd expect them to achieve the EOY (high end) of the 5th grade level? I see reference to her accommodations on state testing (Georgia Milestone) but they didn't include her results on the IEP - it could be they have this on her evaluation report but my feeling is that this is good data to have to see how she's doing compared with others in the state. These results would provide a more comprehensive picture of her ability. My feeling is the IEP failed to provide FAPE given that your child only started to make progress when you started taking her to a tutor. If she does need a special dyslexia school, it should be on the school's dime - not yours. If the IEP teams feels that the outside tutoring is helping, they should have this as an ESY service. I'm not sure this was considered since the IEP is silent on the fact that she's getting outside tutoring. When a student makes progress, the school assumes that what they are doing is the driving force behind the progress. In oth words: Without documentation showing your child is getting outside help, the school feels the IEP is FAPE because she is making progress with the help the school is providing. (This is a version of "if it's not in writing, it didn't happen".) The school is providing 750 minutes (12 hours + 30 minutes) of special instruction every week per page 16 and another 400 minutes (6 hours + 40 minutes) per page 17 and it looks to be helping. Given the additional 180 minutes of dyslexia-specific tutoring not mentioned, I'd say the reality is that the school's help isn't targeting the areas your child needs help with. The school MUST FACTOR IN the outside tutoring when considering if the IEP is appropriate. If she's in school 6 hours a day (keep in mind things like lunch, PE, art & music are part of the week), this is 3 full days every week where she gets SDI. I'd expect more progress.
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What should the timeline be after an evaluation?
JSD24 replied to Alicia's question in IEP Questions
In some schools, they have a 2nd person reviewing the eval before it get into the hands of a parent. This tends to push school to use all of their 60 days to do the eval. There is a timeline booklet that I tend to use when I have timeline questions. I was surprised to learn that teacher inservice before school starts are part of the 60 days. (Not sure if that's in the booklet.) https://www.pattan.net/CMSPages/GetAmazonFile.aspx?path=~\pattan\media\materials\publications\files\spec-ed-timelines-_5-24-wbl.pdf&hash=1df7d4859f62411260a429485f5d066624438b34f693c83424d59a8d9235673e&ext=.pdf Or download from: https://www.pattan.net/Publications/Special-Education-Timelines -
You're good. Accommodations don't have a particular place in the PA IEP. They kind of, sort of fall under 'related services'. That's where they tend to end up. The important part is that it is in the IEP & the school is following the IEP. They don't even mention the word accommodation in the PA Annotated IEP. Maybe they should. https://www.pattan.net/assets/PaTTAN/51/51bbd07e-a8c4-46a6-ba3a-5183b8307a83.pdf The annotation on page 45 says: NOTE: Do not be overly concerned about the category of the items you write into this section (e .g . does this service/activity fall under the category of SDI, modifications, or supplementary aids and services?) . Instead, include what the student needs and write it in where you believe is the most appropriate location.
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Social work or mental health services instead of guidance counselor?
JSD24 replied to Mandypenn76's question in IEP Questions
"It’s been an SDI that he can go see the guidance counselor when he wants, we’ve introduced them, etc., etc." This doesn't sound like a good SDI. He should be accessing the GC when he NEEDS to talk to someone and not when he WANTS to talk to someone. If he doesn't use this (I think it's an accommodation in the SDI section of the IEP), it should be removed...and possibly replaced with something that will actually work to help him. So he has a self advocacy goal. It sounds like this is needed to he can use the SDI/accommodation to go to the GC when needed. Who has been providing SDI to teach him the skills needed to reach this goal? How long has he had this goal? What does the progress report say about progress toward this goal when you get it (which is everytime he gets a report card)? From what you posted, you inferred he's not making progress toward this goal. The person providing the SDI needs to change up what they are doing or perhaps he needs to work on this more often so he can make some progress. With bullying, it sounds like you have concerns. You need to write this out into a parent letter of concern (because if it's not in writing, it didn't happen). It sounds like when teachers see he's been bullied, they need to share that with you. (Kids are stealth. This could be happening in stairwells, locker rooms and bathrooms where there are no adults present.) This accommodation can go into the IEP. It sounds like he needs help dealing with this so you, the school social worker or GC or an outside therapist needs to help him with this (sounds like he might be internalizing how this makes him feel) so he can work on this. You could put an SDI into the IEP on this or have him go to an outside therapist - or both. IBHS through Medicaid could have an MT working with him at home if getting him to a therapist is an issue. I'm not sure if CASD has clinical people working with students - I'm in WCASD and they have hired clinicians via CCIU to work with students. A GC isn't considered to be clinical (some may have the training in addition to school certifications but it's not required). Also, GCs are spread thin and CASD doesn't want to be out of compliance with an IEP so that's part of why meeting with a GC wouldn't be in an IEP. LCSW & MSW are clinical. What to do next is write out your concerns & request an IEP meeting. I don't feel there's a NOREP headed your way given it sounds like you didn't have an IEP meeting. Do be aware that bullying can be reported anonymously using Safe2Say in PA. Not sure if this might be a good way for him to report bullying. -
I’m an alcoholic. Well, almost. I am immersed waist-deep in the suburban mom wine culture, that’s for sure. More on that in a bit. Actually, I’m not an alcoholic, but my mom was. So much so that she actually drank herself to death when I was 9 and she was 39. Nice, huh? So I have a lot, I mean a LOT of baggage when it comes to drinking, parenting, and self-examination. Not wanting history to repeat itself and all that. An alcoholic Mom. Despite my less than stellar childhood, for decades I gave her a pass on the drinking. She came from a genetic line of alcoholics and “It was the 1970s,” I’d think to myself, “No one was really talking about alcoholism.” I mean, after all, the Betty Ford center didn’t open until 1982 (my mom died in 1979). And no one, I mean, no one was talking about women and alcoholism. If my family and neighbors knew, they didn’t talk to each other about it. Or they did in whispers. I figured she was doing the best she could at the time. Becoming a Suburban Wine Mom. Then I had kids. And like most parents will tell you, having kids completely changes your emotions, your views on life, everything. When I look at my kids and feel that overwhelming love for them, and you just want everything and nothing all at the same time. Didn’t she feel that? Wasn’t I good enough? I mean, when I look at my kids, if nothing else, I am constantly reminding myself that I would never subject them to the childhood that I had. Why didn’t my mom want this for me? So this is why I supermom. Why I bake cookies and grow a garden and am constantly on the go showing my kids new things and volunteering and being PTO president. (I told you, I have a lot of baggage!) I am always doing whatever I can to not be my mom. Which was passed out drunk at 3:00 when I got home from school. And usually still passed out in the morning so I had to fend for myself a lot. My dad traveled frequently for business and she usually kept it under control when he was around. Moms who drink too much. But in the midst of all that I was doing, I was drinking. Frequently. Not ever driving or while pregnant or breastfeeding. Not falling down, passing out, vomiting drunk (yes, my mom did that too). But just a glass or two of wine in the evenings. My kids were always fed, clothed and bathed and nurtured. But wine was always a part of my evening routine. Am I overthinking it? And given my history, I think about it. Too often. I overthink it. I read books, articles, watch tv shows and documentaries. Any data that I can find to reassure me that I am not an alcoholic. Several years ago, Elizabeth Vargas came out openly as an alcoholic and has written a book about her struggles. I’ve always liked her so I read the book and watched her on 20/20. But hey, she was always trying to hide her wine. In bathroom cabinets, the classic mom alcoholic. I wasn’t doing that, so that must mean I’m not an alcoholic, right? I will add here, that the main takeaway from Vargas’ book and the story is the link between women with anxiety and alcoholism. I struggle with anxiety issues, as did my mom. I did not realize that about half, yes half, of all female alcoholics struggle with anxiety. That was a huge red flag to me, as during the past 2-3 years with Kevin’s seizures and the way this country is headed, my anxiety has gotten worse. And what can I say, wine relaxes me. That’s why people drink it. I mean, I never hide my drinking. For suburban moms, it’s a part of the mom culture. You know it is. We joke about it. All the social media memes about it. Funny t-shirts, funny wall plaques for your kitchen, kitschy wine glasses and coffee mugs with funny wine sayings on them, right? Wine jokes and memes are everywhere! Wine Moms. I mean, as my friend Lindsay pointed out today, as she stops drinking, she will probably be the only woman in her neighborhood who doesn't drink. My friend Lindsay, we chat almost daily. Mom stuff, kid stuff, blogging stuff, wine stuff. And during discussions about how we sleep better without wine and such…we decided that we want to stop. Over the years, we have stopped for weeks or months at a time. This time felt different. It started with Chrissy Teigen and her public decision to stop drinking. When I read a few of the articles and saw her on TV, her thoughts just really resonated with me. Elizabeth Vargas’ situation did not resonate with me, but Chrissy did. I could identify with her and thought, “Hmm, maybe I’m not an alcoholic, but that doesn’t mean I shouldn’t stop drinking.” Then Lindsay suggested I read the book “Almost Alcoholic” which she was reading. That book sealed the deal for me. Basically, the premise is this. Just because you’re not a full-blown, physically dependent on alcohol alcoholic, doesn’t mean that you don’t have a problem. How bad is my problem? I don’t know, I’m still self-examining. But the self-tests and questionnaires in the book are enough to give me some red flags. I have a strong family history of both anxiety and alcoholism. I remember my grandfather, who was an alcoholic–and his wife, my grandmother used to say, “Oh how I wish that just once he would wake up with a hangover, that might stop him from drinking.” Like him, I infrequently get headaches from wine, and it is socially acceptable for moms like me to drink wine, frequently and lots of it. That’s a dangerous combination for me. So I’m stopping. It’s scary. Fact is, I don’t really know how to “mom” without wine. It’s been a part of our household, our holidays, for as long as I can remember. But it’s expensive. I’ve gained weight as I am barreling towards age 50 and my metabolism slows down. I need a good sleep. I need to regain and retain patience, extra patience that is required when raising a medically complex child. I want to do better for my children. I want to accomplish more, because when I have wine in the evening, nothing gets done after dinner. What a waste of precious time! Mom Wine Marketing. Ladies, we are being marketed to! According to the Chicago Tribune, 60% of wine customers are women. And, the alcohol industry has sat up and taken notice of this. So many things are put in place to encourage us to drink more wine. Wine sellers advertising during the Super Bowl (50% of Super Bowl watchers are female) Wine becoming more accessible, easier to purchase because moms are busy and want convenience. In stores, you now often will see suggested pairings, so that buying wine at the grocery store will be as natural as buying food. All sorts of glasses, mugs, aprons, framed art, t-shirts, hats, key rings, note pads, refrigerator magnets and other tchotckes all that reinforce the message of, “hey, drinking wine is part of being a mom.” What’s worse, is that as marketing efforts have increased and women are drinking more, bad statistics followed. As reported by the CDC, women and drinking is a growing health concern. Is it a coincidence that these statistics happened when the wine industry started to actively target their campaigns toward women? No. This is why I want Moms to reevaluate their wine habits: Alcohol-related deaths are twice the amount as any and all other drugs, combined. One recent study found women are now drinking almost as much as men, closing a historically wide gap. Another study found rates of binge drinking increased by 17.5 percent among women between 2005 and 2012, but rose just 4.9 percent among men for that same period. The rate of alcohol-related visits to U.S. emergency rooms spiked by almost 50 percent between 2006 and 2014, especially among women, the government announced in January. From 2000 to 2015, death rates for chronic liver disease and cirrhosis — often associated with alcohol abuse — increased 57 percent for women 45 to 64 years old, and 18 percent for women ages 25-44, the Centers for Disease Control and Prevention reported. Our “giving up alcohol” stories. Lindsay is into week 3 of her 30-day sobriety challenge. For me, I think if I look back at the past 20-22 days, I’ve had two glasses of wine in that time. (author's note--this post is from 2016 or 17) My head feels clearer. I’m sleeping better. I’m not feeling overwhelmed with morning tasks because I am getting more stuff done in the evenings. I have more patience. I’m reading more, finishing books at a much quicker pace. My skin is clearer. It’s back to school time and I have a big social event on Saturday. I likely wouldn’t drink anyway because I’ll have to drive. But still, it’s on my mind as other friends are already talking about how much they plan on drinking. But as Lindsay has said, once it’s off the table as an option, it’s not that hard. Sure, some evenings I get the feeling of “I could really go for a glass of wine right now” but then I think of my kids, and all these thoughts in this blog post that are swirling in my head, and the money, and it’s a no-brainer. I kinda regret all the money that my household has spent on wine in the past few years. I wanted to get these thoughts out of my head, so here they are. If you are having doubts or concerns or wondering about your own situation, I strongly recommend that you check out the books I’ve recommended. Almost Alcoholic points out, just because you don’t meet the DSM 5 criteria for an alcoholic, does not mean that change isn’t needed. I needed change, and I’ve found it. I have another friend who also gave up drinking in the past couple of years, and to quote her, “No, I wasn’t an alcoholic, I just decided that I don’t want alcohol to be a part of my life anymore.” That pretty much sums it up for me too. Author’s Update: Now that I have been sober for the better part of two years, I can’t tell you how much better life is. My health is better. I’ve lost weight and I have more energy, more patience. And, the more I read about the poison that is alcohol, the more I am confident I will spend the rest of my time not drinking it. And, I’ve heard from so many of you who are also on this same journey and feel so much better for doing it. (that update was posted in 2018 or 19) To my family: If you are reading this and are disturbed or hurt that I am “airing dirty laundry,” well, too bad. We need to be able to talk about alcoholism. If we could talk about it and not hide it, she might still be alive today. Nothing that I’ve said is untrue, and many families are struggling with it. Doesn’t mean they/we are bad people…and we need to stop treating it that way. 2025 Addendum: I'm not a mental health or alcoholism counselor and I don't play one on the internet. But, if you find yourself struggling, please feel free to reach out. I also recommend the following books or podcasts: Quit Like a Woman, This Naked Mind, Almost Alcoholic, Take a Break. If you are a mom/woman questioning this, re-evaluating and so on, I strongly recommend that you read and listen to things by women. The dynamics between men vs women and alcohol are very different. Honestly, it's been so long at this point, I don't really miss "my" mom, but I definitely miss having "a" mom. Because I never really did. I'm sure there were good times, but the traumatic times are what we remember. What an incredible life wasted--gone at 39, acute alcohol poisoning.
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You’re right to be worried, and you’re also right to push back because what you’re describing raises both IEP and discrimination concerns. A few key points: IEP coverage of absences. If your child’s medical and mental health needs require frequent appointments or cause him to miss school, that can and should be addressed in the IEP. For example, the team can add accommodations such as “excused absences for medical/therapy appointments will not be counted toward truancy” or “work will be provided in advance/alternative format when absences occur.” Placement decisions. Moving him back to his old school because of absences isn’t an IEP team decision, it sounds more like an administrative threat. Under IDEA, placement must be determined by the IEP team based on his needs (34 C.F.R. § 300.116), not as punishment for medical absences. Discrimination concerns. Since the absences are tied to documented disabilities (ADHD and anxiety) and medical treatment, punishing him for that could be a violation of Section 504 of the Rehabilitation Act, which prohibits disability discrimination in schools. North Carolina angle. NC has compulsory attendance laws, but excused absences for medical reasons are not supposed to trigger punitive measures. A school cannot override federal law (IDEA/504) with a local policy. What you can do next: Ask for an IEP meeting to discuss how absences impact his education and write in accommodations/supports around this. Put your concerns in writing to the principal and district, document that these absences are medically necessary and excused, and that moving him would not be appropriate or supportive of FAPE. If they keep pressing, you can escalate by filing a state complaint or a 504 complaint with the Office for Civil Rights. You’re not overreacting....schools can’t use absences related to a disability as a reason to deny services or change placement. Getting it into the IEP is the best way to protect him moving forward.
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First, I am embarrassed--but this post never sent a notification, I just found it "hidden" when I was trying to do something else.
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Change of Placement/Denial of FAPE
Lisa Lightner replied to Linda Glazewski's question in IEP Questions
First, I am embarrassed--but this post never sent a notification, I just found it "hidden" when I was trying to do something else. You’re right to be asking these questions, because the way your child is being handled raises some serious red flags under IDEA. 1. Emergency removals. Schools can remove a student for dangerous behavior, but when this becomes a pattern (even if each removal is under 10 days), the law says the team has to look at whether it adds up to a “change of placement.” It’s not just about one long suspension—it can also be when a series of removals shows a pattern. IDEA: 34 C.F.R. § 300.536 talks about this. 2. Alternate Learning Placement in the building. If your child is being regularly sent to another room for part or all of the day, that’s effectively a change in placement—even if the district says it isn’t. Placement decisions must be made by the IEP team, not unilaterally by staff in the moment. IDEA: 34 C.F.R. § 300.116 (placement decisions by IEP team, based on the IEP). 3. Sitting in the pod with a para. If your child is outside the gen ed room all day and only “listening” instead of receiving the instruction and supports written in the IEP, that’s a problem. IDEA guarantees the student has the right to be educated in the least restrictive environment (LRE) to the maximum extent appropriate (34 C.F.R. § 300.114). Less than 10 minutes a day in gen ed is clearly not access to LRE unless the IEP team specifically agreed on it. 4. Prior Written Notice (PWN). Any time the district proposes or refuses to change placement or services, they must give PWN (34 C.F.R. § 300.503). If you’re being told “no PWN is required” while your child is being regularly removed or placed elsewhere, that’s not consistent with IDEA. What to do next: Put your concerns in writing. Request PWN for each removal and for the use of the alternate room/pod instead of gen ed. Document how often this is happening. A log of days/hours removed is powerful evidence. Ask the IEP team to reconvene (beyond the BIP review) to talk about whether the current placement is truly meeting FAPE and LRE requirements. If they continue to refuse PWN or deny there’s been a placement change, you can file a state complaint with the Ohio Department of Education, citing the regulations above. You’re not overreacting, IDEA is clear that placement and access to services can’t just be adjusted on the fly without the IEP team and proper notice. -
Behavior issues and FBA in preschool
Lisa Lightner replied to BeckyGunn's question in Preschool Questions
You’re asking really good questions, and it sounds like you’re already doing a lot right by calling the IEP team together early. At four years old, biting/hitting/scratching often comes from frustration with communication or being asked to do something that feels too hard, too noisy, or too long. The fact that the behaviors happen both at school and home shows it’s not “just the classroom”—it’s his way of expressing overwhelm. A few things to know: PWN (Prior Written Notice): Yes, even in preschool, the school should provide Prior Written Notice any time they propose or refuse a change in identification, evaluation, placement, or services. Since they’re proposing an FBA (Functional Behavior Assessment), you should receive something in writing about that decision. FBA is the right next step. An FBA helps the team figure out why the behaviors are happening (communication needs, sensory overload, task avoidance, etc.) and then design a Behavior Intervention Plan (BIP) that teaches new skills instead of just managing the behavior. Sitting for non-preferred work: It’s reasonable to want him to build stamina for non-preferred tasks, but forcing a preschooler to sit until a task is done usually backfires, especially if communication and sensory challenges are in play. It may be more effective to use shorter tasks, visuals, choices, or sensory breaks to build up his tolerance gradually. Noise sensitivity: If he’s sensitive to sound, that’s an accommodation issue. Things like headphones, a quieter space for certain tasks, or letting him rejoin the group after a short break are all common strategies. It’s not about shielding him forever, it’s about helping him participate successfully now, while he develops coping tools. The good news is that your team seems open and willing to meet, which is a huge plus. Keep documenting what you see at home, bring those notes to the FBA, and don’t be afraid to ask for supports to be written into the IEP. You’re right at the beginning of this journey, and advocating now is going to set him up for much better experiences in kindergarten and beyond. -
What should the timeline be after an evaluation?
Alicia replied to Alicia's question in IEP Questions
Thank you! That's what I thought the timeline was but wanted to be sure it wasn't just me being impatient. I was told when I asked why I could just get the report and was told it’s “just protocol…a lot of politics involved.” -
BeckyGunn started following Behavior issues and FBA in preschool
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I have a four year old level two autistic grandson and he is attending public preschool in a class blended with special needs and typical children. The class has eight children, one special education teacher and three aides. He is having behavioral issues, such as biting, hitting, and scratching his teachers and students. He does this at home as well. He does talk some, but can’t communicate very well. His teacher has tried to pinpoint what the cause of the behavior is but it’s pretty random. She says that he does not like to sit and do his work and has trouble with non preferred activities, which cause the behaviors most of the time. I’m on the fence about her forcing him to sit at the table until his work is completed. I can see that he needs to get use to attending non preferred activities, but he is definitely having a hard time adjusting. We called an IEP meeting yesterday to discuss the behavioral issues and they did propose we do a FBA and meet again in December, which we agreed to. They are being very helpful and offered to meet anytime we feel necessary. Being new to all this, I wasn’t sure if they would provide a PWN or if it was needed since he’s only in preschool. We live in Alabama if that’s helpful. I kinda think his behavior is due to his teacher being ridged in the way she runs her classroom and he is sensitive to noise, and she agrees, but says he needs to get use to that in order to be more successful in Kindergarten next year. Any insight would be appreciated, as I’m brand new to dealing with the school system. I do feel like they are trying to help him by offering the FBA as a start.
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What should the timeline be after an evaluation?
Lisa Lightner replied to Alicia's question in IEP Questions
So first of all, as you're learning, you have to pick your battles. Seeing as Sept 26 is tomorrow....not sure this is one I'd choose to fight right now. However, there are some red flags. Yes, summers are exempt, the exact wording from the code is: In addition to the requirements incorporated by reference in 34 CFR 300.301 (relating to initial evaluations), the initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60-calendar days after the agency receives written parental consent for evaluation, except that the calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term will not be counted. A couple of clarifications that may help in practice: This applies to initial evaluations. Reevaluations have a different timeline (within 60 calendar days of receiving parental consent, but no later than every 3 years, 2 years for students with intellectual disabilities). The pause only applies if the 60-day window runs into summer. If you gave consent back in, say, February, the school can’t use summer to stretch their deadline, the report should have been finished before the end of the school year. The IEP meeting timeline is separate. Once the report is issued, the team still has 30 calendar days to meet and develop the IEP, regardless of summer break. If the psychologist has already reviewed the results with you, there’s really no reason you can’t have a copy of the written report now. You’re entitled to it—period. Delaying until late September doesn’t line up with the law. (but again, if they said you're getting it tomorrow....I'd just keep that documentation in case I need it later) What I’d suggest: Put your request in writing. Email the school and say you are formally requesting a copy of the evaluation report that was completed July 3rd. Reference the law. You can mention that under IDEA and PA Chapter 14, the district has 60 calendar days to complete the evaluation after consent and must provide parents with the report. Request an IEP meeting date. Ask them to schedule it within 30 days of when you receive the report. You’re not being unreasonable, this is about your child’s right to timely services which is why timelines were put in place. I"d also read up on IEEs, because it sounds like that might be the path you're headed down next. https://adayinourshoes.com/iee-independent-education-evaluation/ -
We switched to a Pennsylvania Public Cyber school the following school year after covid and they got the ball rolling asap with the eval. Our local school district dropped the ball big time and after paying several hundred dollars to get my daughter evaluated at Sylvan Learning Center and found out she was more than two years behind academically. Fast forward to May of 2024 and I had some concerns again. The eval seemed rushed (according to the evaluators) to be completed. I just spoke with the school psychologist today after several attempts to find out the results. I have never had this much trouble with the school over getting answers. The eval was completed July 3rd. I'm being told the school is allowed to freeze the iep process over the summer because school is not in session. I'm just wondering if we are still in compliance with the timeline. The school psychologist did go over all the results with me but said it can't be sent home until September 26th. Although I'm grateful for the results but seems crazy I can't have the actual report yet or even have a date for the IEP meeting yet. When trying to find the answer on the PA Dept. Of Ed website, I got conflicting timelines. Any help is appreciated!
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Should accommodations be listed under the SDI/program modifications section in an IEP in the state of Pennsylvania. The IEP lists VI.Special Education/Related Services/Supplementary Aids and Services/Program Modifications. Then section A. says Program Modifications/Specially Designed Instruction. Does Pennsylvania lump accommodations, modifications, and specially designed instruction together? I’ve seen IEPS that say “preferential seating”, “explicit instruction in phonics instruction”, and “up to 50% reduced workload on assignments based on student need from data collection” all in this same section. What am I missing?
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Social work or mental health services instead of guidance counselor?
Mandypenn76 posted a question in IEP Questions
we are in Coatesville school district (PA) for reference. We have been trying for years to get a relationship with our son and his guidance counselor in each of the schools he’s been in. It’s been an SDI that he can go see the guidance counselor when he wants, we’ve introduced them, etc., etc. But what we can’t get is for the guidance counselor to bring him in or to speak with him. One of the goals on his IEP is to learn to self advocate, which is proving troublesome too because collecting data is difficult for that. But he is not going to request to go talk to somebody, someone’s going to have to pull him in and talk to him The big issue we have is that he’s been bullied in almost every school he has been in. His emotional age is younger than his physical age and now in eighth grade he’s still playing with action figures and getting comments from the kids. Our son will not tell us if he’s being bullied, the only time we know about it is his friend’s parents will let us know if they overhear something. He doesn’t tell teachers, and the teachers don’t report anything (at all!!) to us.We requested a meeting every other week with the guidance counselor. This was the response I got the other day: “I also spoke to the guidance counselor. Unfortunately, they are told not to put specific meeting times in IEPs due to the number of students they serve. But he is on her radar and will schedule an informal recurring 1:1 with N. If we feel something needs to be placed in the IEP, we will have to look towards social work services. Did N ever work with a mental health therapist IN school? We can consider adding a social work screener to determine whether he would qualify for in-school sessions. However, I can see him acing the screener because he is so good at masking his emotions. Let me know your thoughts.” I don’t know much about social work screeners or working with mental health within the schools because it’s never been an option provided to us. They really just don’t have anyone. Also, he does perform when he knows he’s being screened so having a relationship is the most important thing. I am very aware that I need to request a NOREP about the guidance counselor. But what should I do next? -
I'm surprised they have 3 teachers in one classroom for 7 students. Around here, they have one teacher (there's a teacher shortage) and any other adults in the classroom tend to be instructional assistants, paraprofessionals, aides, personal care assistants... It would show up as a 1:2:7 ratio in an IEP. I would want the 3:7 ratio your grandchild has & is successful with noted in her IEP so you can show the school this when she goes to kindergarten and they want to put her into a classroom that's 1:24. It sounds like they will need at least one other adult in the room given she will need to be escorted to the nurse for diaper changes because letting her walk there alone provides an opportunity for elopement. Again, make sure the elopement tendencies and need for diaper changes are noted in the IEP. This is data that one teacher cannot meet her needs and still be teaching her classmates. My personal style is to ask questions: How will my child get to the nurse for diaper changes without attempting to elope from the school? She needs a lot of redirection because she has a hard time sitting still. Will the teacher be able to do this and still be able to provide the class with the academic instruction they need? Given her unwillingness to draw or write, has apraxia been evaluated by the school? Speech, & writing are both fine motor skills. She might need special instruction to be able to write and draw like her classmates - or it could be a skill that's out of reach due to her disability. (Behavior is communication. This might be what the refusal is trying to say.)
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Several years ago, the Pupil Services Director did a presentation comparing the number of due process cases in WCASD & other districts. WCASD had more per pupil than all of the other districts in the county. I'm not sure this has changed in recent years. The amount they budget for due process does keep increasing. They had twice the number as DASD (if I remember correctly) which is close in size.