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I would first reach out to the West Virginia Department of Education and ask what the requirements are in this situation in terms of certification and student/teacher ratio. I would also request an IEP meeting to discuss what is occurring and things that might need to be tweaked in the IEP document. You could request an FBA to pinpoint what the school is doing or not doing to trigger the behavior. Of course, the school FBA probably won't find anything wrong with what the school is doing, so then you can request an IEE. An independent evaluator could suggest things the school should be doing (or not doing). Finally, you might want to loop in the director of special education so that he/she knows what's happening.

This is a tough one. I'm sure Lisa will chime in with some great suggestions. Here's what I'm thinking. In general, a parent cannot dictate who the staff member is - but can dictate that they be trained to provide the necessary services and accommodations to the child. So that would be one question to look into: What is the training of the person(s) the school is considering for his 1:1? If not sufficient (you'll need a report that sets out what your son needs), make that argument (which might lead to them hiring someone else). You could also ask that during the transition period (and this is a huge transition) that your son's current care attendant be allowed to be the aid in tandem with whoever will be fulling this role at the school. It might make the transition easier and you have the letter that this is recommended. You would, of course, have to pay/have Medicaid pay for the current care attendant's time to help with the transition. I don't know much about how Medicaid factors into this. Does this funding stop when a child reaches Kindergarten? Or would it be possible to continue with the same care attendant and just obtain the school's approval that this person be the 1:1? (Can't see why they would object to this - would help them out tremendously - but there could be liability issues, union issues, etc.) This is not my area of expertise so just speaking generally. Hopefully others with more experience will join the discussion.

Ugh, what a mess—and I’m so sorry you’re dealing with this. The short answer? No, they should not be threatening to move your son back to his old school because of absences related to his disability. Here’s why: This is a disability-related attendance issue Your son has ADHD and severe anxiety, both of which are documented disabilities. The absences are excused and tied to medical and therapeutic needs, which means this isn’t just a truancy issue—it’s a disability access issue. Placement decisions must be based on the IEP—not attendance numbers IDEA requires that placement decisions (which include which school he attends) be made by the IEP team and based on the least restrictive environment for that student—not on whether a principal or teacher is frustrated with absences. They cannot unilaterally change his placement because it’s more convenient or “easier for them.” This could be disability discrimination under Section 504 If the school is penalizing your child because of disability-related absences, that can be seen as discrimination. Especially if the absences are backed by doctor’s notes and tied to therapy or health care. You need to put this in writing—now Send a formal letter/email to the school (cc the principal, IEP case manager, and district special ed director) stating: The absences are due to documented disabilities and supported by medical notes You are requesting that the IEP be reviewed and amended to include accommodations for medical-related absences You want written confirmation that they are not moving him without an IEP team meeting and without your consent And make it crystal clear: if they attempt to move him based on absences, you’ll consider it a procedural violation and possible 504/ADA discrimination. Also—document the teacher’s complaints if you haven’t already. That kind of pressure can sometimes lead to retaliation, and it’s better to have a paper trail. You’re doing exactly what you should: standing up and asking questions. Now it’s time to put it in writing and hold the district accountable. You’ve got this.

I had trouble finding 300.347(a)(7), as well. But Section 1414 Part B (d) of the IDEA is alive and well and has similar language. It does not specifically state "at least as often as parents are informed of their nondisabled children's progress," but leaves it to the team to describe in the IEP document when reports on progress will be provided and gives the example of concurring with the issuance of report cards. Since the IEP states the first one will be provided in June, the school is in compliance. Here is my advice from a practical (not legal) standpoint. Depending on what date in February the IEP was implemented, there may not be a lot of data to provide. Often progress monitoring reports that cover only a portion of a quarter say something to the effect of "IEP just implemented on such and such a date, no data available." However, depending on the disability and goals, there very well could be some data available for the month of March (and maybe some in February depending on implementation date). Even though the IEP states the first progress monitoring will be provided in June, nothing keeps you from reaching out to the case manager and asking for some data points now (say something like you don't want to wait until school is out to see if progress is being made, even though you do understand that it hasn't been implemented for that long). Don't throw any law at them just yet. See if they will respond to a friendly email first. If they refuse, you could ask for an amendment to the IEP that progress monitoring will be provided concurrent with grade cards starting with the end of third quarter of school year 2024-2025. They could make this amendment without or with a meeting. But if they were unwilling to voluntarily provide some data points (your first step), it is unlikely the team will agree to amend the IEP, in which case you're probably stuck. I don't know what the disability or goals are, but in general, I would say this isn't a battle to take on. You will likely have other more important battles to fight in the future. But it doesn't hurt and isn't unreasonable to ask for some informal data now.

putting your daughter in a position to defend her own accommodations? Absolutely unacceptable. I totally get wanting to educate this teacher instead of just blasting them with anger (which, let’s be honest, at times they kinda deserve). Here are a few short but impactful resources you can send: 1. The Classic: “F.A.T. City” Workshop (Frustration, Anxiety, Tension) Video Richard Lavoie’s “How Hard Can This Be?” This is an eye-opening workshop where a specialist makes neurotypical teachers feel what it’s like to have a learning disability. Every teacher should be required to watch this. 2. Harvard Article: Why Neurodivergent Kids Work 2x as Hard Article The Twice-Exceptional Dilemma This explains how 2e students work harder than neurotypical peers and why accommodations are essential—not a “crutch.” 3. One-Liner Response for the Future For your daughter: "My IEP is set up so I can access learning, not just so I can get good grades." For the teacher: "Accommodations don’t make learning easier—they make it possible." Would love to hear how this goes. Hopefully, the teacher has enough self-awareness to take the hint.

I know that Wilson Reading is a popular intervention in my area. There's a 'tutor center' near me where their person does Wilson Reading when the issue is dyslexia. Wilson Reading is one of the many O-G based programs that are out there. My thought is: progress. If the teacher is certified in basket weaving and the child is catching up to classmates, whatever they are doing is working and that's the whole purpose of the SDIs in the IEP - PROGRESS! I'm also on the side of the school with intervention timing. When I had looked at the Wilson Reading protocol (this has to be pre-COVID), I remember daily and 40-60 minutes. (I'm thinking the protocol might have changed.) With a 3rd grader, I'm thinking that 90 minutes of SDI seems long. With outside tutoring, I'm pretty sure the sessions aren't this long. With any program, they tend to follow the script so they can say they are doing this with fidelity. If he doesn't need that lesson, I'd be fearful that he'll shutdown during the parts he needs to learn. With monitoring progress in reading, I believe they look at WCM - words correct per minute (per hundred?). So long as they are using the same method to measure progress, you'll see progress if it's there. I do like the idea of data more often. Any program will tend to work for ~80% of students. If this isn't the right program, finding that out and changing your approach should happen sooner & you'll see that with more frequent data collection. With a good Structured Literacy, Tier 1 program, there will still be ~20% of the population who has dyslexia per the Connecticut Longitudinal Study. These are the students who need an IEP (or Tiers 2 or 3 with milder issues). They need more intensive instruction than Tier 1 provides.

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.

First, always keep in mind that budget cuts, financial constraints, etc., should never be a factor in deciding whether or not a child needs specific services. The team determines needs based on data and then figures out how to meet those needs (sometimes has to think outside the box). From a practical standpoint, yes, you may need to give the school district some grace in figuring out how to provide services if finances are an issue. But bottom line, as Lisa would say, "That's not your problem." Does she have an IEP? If not, that's your first step. I would suggest that before this school year ends you reach out to the kindergarten principal and request a special education evaluation. This will be conducted at the beginning of the next school year. If she does have an IEP, request a transition meeting with the pre-school and new grade school teams towards the end of this school year to talk about her transitioning to a new school - specifically going from a 7:3 ration to 20 (or more):1 and what her needs will be. Also ask about the expectations of Kindergarten. If there are some she cannot meet, discuss what services need to be in place for her to access FAPE. If it will have been a year since her last evaluation, I would also request a re-evaluation once school starts next fall. You might also request a Functional Behavior Analysis (FBA) to determine the why's and when's to her elopement so that can be addressed in a Behavioral Intervention Plan (BIP).

If he has issues with visual tracking, did the school evaluate that? If an area hasn't been evaluated, the assumption is the student's abilities are the same as a typical student. It sounds like the OT might need to help your child or train the para on what to do. Does he get OT via his IEP? If he needs a 1:1 aide, you need to have the school gather data and show this is what he needs. It sounds like you might need to look at what's in the eval they did to see if 'all areas of suspected disability' were evaluated (if the tracking/tracing issues were shared verbally, the para & teacher aren't going to provide extra help - they will follow what's in the IEP). State requirements are a minimum requirement. Given your child's needs, they might need a 2nd aide since your child is being removed from the classroom so often. You might want to ask for an IEP meeting so you can tweak his IEP.

I had no problems recording and the district recorded as well so we both have a recording. I will say that my recorded did not pick up everything because some people speak softer than others. I also had to record offline because our school is a bunker. that said in the future I have picked up a conference room microphone to plug in to pick up everything when I record for future meetings. And the Otter AI app I used did a decent job of transcribing and the summarizing information. so I was able to send a follow up email with bhours of the meeting. I am hopoing that in the future that the app will voice recognition so that each person can introduce themself when recording starts. etc. I know with zoom etc. it does keep track of that stuff.

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.

I have friends who live in the same school district (if it's the district with an East & West HS that sends students to TCHS) that I know and I was shocked what they did to my friend's child and attending the school they were zoned for. That said, what I would do is write a letter stating that the school's policy doesn't apply in your case because (1) it happened off campus, (2) you were told by the appropriate agency, CYF, to not report this to the police (3) but there was a legal settlement for your child to go to a different school from this child for 6 years. I would ask that they honor your request of having your child attend East rather than West which your neighborhood is zoned for. (You might need documentation from a MH professional that he should not be attending the same school as this other child due to PTSD.) You'll probably need to say you will transport as that tends to be the big ticket item with a student not going to their neighborhood school. He should be able to ride the bus to TCHS from East but you'd need to get him to/from East. On 2nd look, this part may apply: "A student victim (or his/her parent/guardian) may apply to the LEA to transfer to another school within thirty (30) calendar days after the incident is reported to school authorities." IMO, you are somewhere within this 30 day timeline as you recently told the SD about the assault. Use the points I outlined to make your formal request. You might want to call the superintendent and then follow up the call with an email so you have a paper trail. Or you might need to show up in person. I know the person in charge of school safety in my district and they might be someone to have involved with this process. Include the Title IX coordinator too.

Not in Pennsylvania, so others might know more. But for me, it would help to see the language in the NOREP as to what was agreed to at the meeting. Regardless, however, it looks like you were given some bad advice during the meeting from individuals who did not understand the entire process or know all the facts in your case. Under the board policy, you appear to be out of luck. My suggestions are: 1. Ask for all policies regarding ability to transfer schools. There might be some other way to request a transfer. 2. Write a letter to the superintendent and school board members pleading your case. Since you don't have any policy or legal ground to stand on, appeal to their emotions to make an exception. However, there are a couple of legal issues you could allude to (but I would start out nice and not demanding in this initial letter/email). State how this would affect your son and his ability to access his education (he would be so traumatized he wouldn't be able to focus and learn - I would even suggest getting a letter from a psychologist/psychiatrist stating the environment would making learning difficult, if not impossible, and attach the letter). Hopefully they could connect the dots that they would be denying FAPE. Another legal angle would be adding something like "it would be be devastating to my son physically, mentally, and emotionally if another attack were to occur." Hopefully they could connect the dots in terms of their liability if an attack occurred and they were on notice of the previous one. 3. If they insist on knowing the other boy's name, keep in mind that the school district is required to keep this confidential.

If the school "skipped" the step of doing a reading evaluation, you shouldn't have to pay for one yourself. Ask for an Independent Educational Evaluation (IEE) at school/public expense. They have to give you this or take you to court to prove why they shouldn't have to. Or they might just go ahead and do the evaluation themselves. If you disagree with their evaluation, you can still request an IEE after its completion.

For Mich- The specially designed instruction in the IEP should target the area of need specified in the evaluation report. If he hasn't been assessed or doesn't show that O-G instruction is needed, it's not going to happen. You need to advocate for the evaluation to be sufficiently comprehensive so the area of need with reading is defined to a point where it can be matched to a research/evidenced based program. If the school recently did an eval, an IEE at school expense might be what to ask for. Education advocates and special ed attorneys can read over the eval to see what was done/what might have been missed. What is taught in a self contained class should be the general ed curriculum as well as there being special instruction that addresses the student's areas of need. They might also be pulled for special instruction. Ex: Speech therapy is hard to do in a classroom with background noise. You'd want it done in the SLP's office/classroom.

I remember hearing about a dyslexia camp from a parent. From what I remember, it was in NH; we're in PA. Like you said, it was expensive but from, what was said, the child made significant progress in one summer. I'm sure there are a few where the results are being oversold or the instruction isn't a good match with what the student needs. Students make progress when the remedial program works to fill the student's area of need. If you have a 40 minute session and 5 students, this could translate into 8 minutes of helpful small group instruction for a student which isn't a whole lot. (I'm thinking this is daily during the school year.) This may be why IEP services aren't helping all that much. Given your meeting tomorrow, I would ask the school: If my child meets the goals in the IEP, when will they be at the level of their classmates? (You might want to break this out by asking this for each goal.) If a student is 2 years behind & makes 1.3 years of progress every year where typical classmates make a year of progress in a school year, it will take them 6 years to catch up. With 1.5 years of progress, it takes 4 years. With one year of progress, they will never catch up - they will remain 2 years behind forever. If this is what the school expects given the IEP goals, it sounds like this isn't meaningful progress. If the school's offer of FAPE isn't meaningful progress, it definitely provides information (data) that would support them paying for an outside program where your child will make meaningful progress. Asking the school to provide info on their remedial protocol so you can see how well it matches your child's area of need is another thing you can request. I've seen where schools are not using IEP level remedial programs. (There is general ed support like MTSS where these programs are appropriate.) Definitely ask if the school feels the IEP goals from a year ago were met & if they weren't, ask why. I've seen where schools don't have a well trained teacher who can provide the IEP level instruction so many students need. (I think there's a post on Adayinourshoes about gaslighting that covers this.)

First I would want to know what "can read the words" means. Sometimes students can "read," but that is only because they have memorized the words. The real question is whether he can DECODE. To determine that, you need an evaluation that tests nonsense word reading and also digs down into phonics and phonological awareness. Have you had any evaluations that have done this? If you don't have an evaluation that did this, request one. It will be easier to "fight" for OG if you can show a phonological and/or phonics deficit. But OG is also appropriate for the areas you mention - comprehension, vocabulary, and fluency. It depends on how low his scores are in these areas (and thus what the present levels show). You can fight for anything - but you need the data to support it. If you have the data, also ask for goals in reading to be added to the IEP (comprehension, vocabulary, fluency, and any phonics/phonological awareness deficits). That way it will have to be addressed with specialized instruction as opposed to remediation, which I assume is general ed instruction/remediation that takes place in spec ed only because he is in a self-contained class - not because it is specialized instruction.

those summer program ads are tempting, especially when you feel like your kid has been passed along with no real progress. But here’s the thing: flashy claims like “gain 1 school year in 6 weeks” are usually too good to be true. Some of these programs can help, but many aren’t backed by solid research, and they are expensive. I would look online for reviews, keeping in mind that some places actually pay for reviews. You can also look in the "what works" database, if it's still online. Linda McMahon may have pulled it down, I actually haven't used it myelf in several weeks. If the school has acknowledged that your child hasn’t made meaningful progress, you can ask for compensatory education services. This is different from summer school. It’s about making up for services or instruction your child should have already received. Bring this up in your CSE meeting. If you have data (or lack thereof), point to it. Ask what evidence-based programs they can offer or fund. Also, don’t let them skate by with “he can use a calculator” if he still hasn’t been taught the foundational math skills. That’s an accommodation, not instruction.

Is there a way to scan in the teacher notes and have some software have them neatly typed out? Is this something AI can do? If your child does this, they now have notes they did themself. Makes no sense for this to be the teacher's interpretation of the IEP. The accommodation is there due to a disability. For your child, teacher notes = student notes. I'd want this clarified in the IEP so no one else tries this in the future. Since this is the dyslexia forum, I'm assuming this is the disability. Your child is likely going to transcribe the notes inaccurately given they are going to be rushed. This doesn't 'level the playing field' which is what accommodations should do.

The notes she has from the teacher ARE her notes pursuant to her IEP. She should be allowed to use them in any way other students use their notes. If all other students are allowed to use their notes for a test, she should be allowed to use her teacher-provided notes. Since you're short on time, I would reach out to the entire IEP team asking for assistance. If you don't hear back quickly, reach out (maybe call) the director of special education. If you have a phone call (or calls) make sure to write everything down that was said.

Great information, JSD! Just a side note to this post and something I just found out. The US Department of Education's acronym is ED (Education Department) to distinguish it from the US Department of Energy (DOE).

You can get a BIP without an FBA, but it's not best practice. More here: https://adayinourshoes.com/behavior-iep-special-education/ And, more here (sorry I'm on my way out the door): https://adayinourshoes.com/one-on-one-aide-paraprofessional-iep-special-education/

First—great job pushing to get this clarified in the IEP. Vague accommodations are basically useless when every teacher gets to “interpret” them differently. A few tips to consider: Define It in Plain Language Example: “Student will receive two additional school days, not calendar days, beyond the original due date for all assignments, unless otherwise mutually agreed upon in writing.” Add Clarification for When Teachers Are Absent Example: “If the teacher is absent on the original or extended due date, the due date will automatically extend by the number of days the teacher is unavailable.” Include a Communication Expectation Example: “Teachers will communicate any adjusted due dates in writing (email or learning management system) so the student and parent have clear documentation.” Specify for Tests and Quizzes Example: “Student will receive time and a half for all in-class tests and quizzes, consistent with College Board-approved accommodations.” Request Staff Training or Clarification Ask that teachers be given written instructions from the case manager or IEP team about how this is supposed to work across all classes. You’re definitely on the right track. Tightening up the language now will save you a ton of headaches later.

Is the "evaluation meeting" the first evaluation meeting and the one to determine eligibility for the first time? Also, what eligibility categories are you going to be looking at? If you're looking at specific learning disabilities, then an evaluation showing low scores in academics could definitely (and legally) take into consideration all the absences as a reason for the low scores. Especially if those absences have reached the point of non-compliance with state policy/regs. However, if the disability is something like ADHD, maybe that is the reason FOR the absences. What was the reason the parents chose an online school and is it through the school district?

I remember being in a meeting with my special ed director. She said that the school is obligated to meet the needs of students - it's really another way of saying they need to provide FAPE. Doesn't matter if what the student needs currently exists or not. They need to meet his neets. If it is appropriate for him to take Regents Chemistry as a co-taught class, they need to provide it. I'm not from NY so I'm not exactly sure what a Regents Chemistry does versus the non-Regents version of the class. I did find this with doing a search of case law in NY: https://scholar.google.com/scholar_case?case=3365753441522273465&q=co+taught+regents&hl=en&as_sdt=4,33 If he's denied the class, he's being denied the Regents diploma. If the Regents diploma is FAPE, he need the co-taught Regents class.

It really just depends if it's going to open the door for you to get more services for the child, and if you want the services. Here in PA, it's advantageous to do so, but every place and every family is different. I've written about this quite a bit, to explain the differences. https://adayinourshoes.com/autism-whats-the-difference-between-medical-and-educational-diagnoses/

Short answer, yes, absolutely. There is nothing in Section 504 or IDEA that prohibits a school from doing this. https://adayinourshoes.com/can-a-504-plan-excuse-a-childs-absences/ Yes—1000% yes—an IEP can and should include accommodations for a chronic medical condition. What your team told you? That they “can only note it in Parent Concerns” and not include it as an accommodation? That’s straight-up and completely wrong under IDEA. Students with chronic health conditions—like your son's antibody deficiency—can qualify for special education services under the “Other Health Impairment (OHI)” category in IDEA. The key? The condition must impact the student’s strength, vitality, or alertness, and limit their ability to access their education—which, with 20% absences, is clearly happening. Accommodations and modifications in the IEP can address: Attendance and makeup work Flexible deadlines Modified instructional delivery Adjusted course expectations if needed Grading policies that reflect medical challenges, not just missed days Credit recovery options or waivers And Yes—Absences Can Be Excused in an IEP Schools do not get to just say, “We don’t excuse absences for chronic illness.” That’s illegal if it results in denying your child a Free and Appropriate Public Education (FAPE). The IEP team can and should put in writing: “Absences due to chronic illness or flare-ups will be excused with parent or medical documentation.” “Student will be allowed to make up missed work without penalty.” “Instructional support will be provided during prolonged absences, including access to class notes, recorded lessons, or homebound services if necessary.” What They Told You = Saying “we’ll just note it in Parent Concerns” is not a valid accommodation plan. That’s just… documentation theater. It does nothing to support your child when he’s missing class, falling behind, and potentially being told he won’t pass junior year. What You Can Say at the Next Meeting “I am requesting that the IEP include specific accommodations related to [Child’s Name]’s chronic medical condition, including excused absences with documentation and academic support during and after absences. Simply documenting this in ‘Parent Concerns’ does not constitute a meaningful accommodation and does not ensure FAPE.” You can also cite guidance from the U.S. Department of Education, which has been very clear: chronic illness is a valid basis for IEP eligibility and accommodations. (Ask them if they’d like you to send a link.) Admittedly, the Guidance Letters and Dear Colleague letters feel like thin ice right now. However, we have not been instructed as a nation, that ANYTHING has changed as far as Section 504 or IDEA. YES, the IEP can and should include accommodations for chronic illness. And the school saying it can’t? Not just wrong, but possibly violating IDEA. Keep pushing. You’re right. They're not. If you want specifics on details of how to gather data, document, ask the team and respond, check out my online training. Link in signature.

YES—what you’re describing absolutely could warrant an IEP. You're not just being protective or overly cautious—you're seeing real, documented barriers to access, despite the school handing out “good grades” like they prove everything is fine. (Spoiler: they don’t.) “Effective Progress” ≠ “Good Grades” Schools love to lean on grades to show a student is “doing fine.” But under IDEA, “effective progress” means progress appropriate for the student, considering their unique needs—not just whether they’re pulling an A on a worksheet with 80% of it reduced or dictated to someone else. You said it yourself: "How can a 6th grader who doesn’t write their own essay or have the work reduced 80% be making effective progress?" Exactly. He’s accessing the curriculum through intense modification and scaffolding—which is fine! But that’s the definition of needing specially designed instruction (aka, an IEP). Dictation ≠ Writing Instruction Adding dictation as a 504 accommodation isn’t a fix—it’s a band-aid. Yes, it helps with access, but it doesn’t address the underlying skill deficit in written expression. Kids with dysgraphia and executive functioning issues like ADHD often need explicit, specialized instruction in: Organizing ideas Developing paragraphs Mechanics and syntax Planning, drafting, and revising That's instructional support, not just an access tool. And that’s where pull-out or push-in ELA support through an IEP comes in. When a student is writing “I am stupid” on tests, shutting down during writing tasks, and visibly distressed during classwork, that’s not just a mental health issue, it’s a symptom of a mismatch between what he’s being asked to do and what his current supports can actually address. Yes, he has access to the adjustment counselor through his 504, but that doesn’t resolve the instructional mismatch and the writing-based performance anxiety. These need to be addressed together, not siloed off. What to Bring to the Meeting Data + Documentation Bring copies of the assignments that were reduced, the math test with the “I’m stupid” note, and any communications showing how much support he’s needing just to get through assignments. Highlight Skill Deficits, Not Grades Say: “We’re not seeing independent skills. We’re seeing workarounds. That’s not the same as progress.” Use IDEA Language “My child requires specially designed instruction in written expression to make meaningful progress in the general education curriculum. Accommodations alone are no longer sufficient.” Ask for SDI Goals Even if they push for just a 504 revision, ask: “What’s the school’s plan for directly teaching writing? How will that be tracked and measured? Bottom line: this is exactly the kind of situation IDEA was written for. A child who’s smart, but struggling because they’re being patched through instead of taught in the way they need. You're absolutely right to push for an IEP, and you’ve already laid the groundwork beautifully with your eval requests.

I do have some feed back from the school though it is not as plain as it can be. The proposed 504 accommodation change from written testing to oral testing is for regular class room work. The school went on to explain how the oral testing works. But the response did not answer our question of why the change. We will not send another email for clarity. There is a meeting scheduled this month and we will address it then. We have signed a consent for a Full Individual Evaluation and they said that it will be a psychological evaluation to determine if she has an Emotional Disability. If it is positive for Emotional Disability, then they can proceed with a FBA , then develop a BIP to be apart of 504 or IEP.

Have a third grade student that is refusing to go to school and the district is not helping that much. The child has an IEP for a learning disability (she has Dyslexia) and also has Anxiety. The struggles with learning are leading to extreme anxiety. School said she "doesn't need school-based counseling." Advocating for the parents this week and this is our position: The focus of our position is that Student’s current educational setting is no longer appropriate due to the increasing emotional and behavioral challenges she is experiencing as a result of her anxiety, combined with her diagnosed learning disability (Dyslexia). These factors are preventing her from accessing her education, which constitutes a denial of a Free and Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). Key Points I Will Present at the Meeting: 1. Student’s Emotional Needs Must Be Reassessed Immediately The school has been made aware of X’s increasing school avoidance, emotional distress, and anxiety-related behaviors for months. Despite this, no emotional or behavioral supports have been initiated by the school team. We will request a comprehensive re-evaluation, including assessments in the areas of Emotional Regulation Impairment and Other Health Impairment, as these are suspected areas of disability. 2. The Current Setting Is Not Appropriate X is overwhelmed by loud noises, frequent changes in routines, and struggles with comparison to peers. These sensory and emotional stressors are increasing her school-based anxiety and school refusal. X is not emotionally or psychologically available to learn in the current environment. 3. A Therapeutic Out-of-District Placement Must Be Considered We will present a legal case (E.K. v. Elizabeth City BOE) in which a similar student was eventually placed in a therapeutic school after persistent school refusal due to anxiety and other emotional disabilities. In that case, the judge ruled that the district failed to meet the student’s needs because they delayed appropriate evaluations and interventions. Like E.K., Student X requires a small, supportive, therapeutic learning environment where she can receive emotional and behavioral support throughout the school day in order to make meaningful progress. 4. The School Must Fulfill Its Child Find Obligation Under federal and state law, the district is required to identify and evaluate all students who may have a disability. Given the clear signs of emotional dysregulation and the documented impact on X’s ability to attend and benefit from school, the district is now on notice that X needs further evaluation. We will make a formal request for this reevaluation in writing during the meeting. 5. The Goal Is Support, Not Punishment X’s refusal is not oppositional; it is rooted in fear, anxiety, and frustration. Continued placement in a setting that is too overwhelming is not only ineffective—it is emotionally damaging. She deserves a learning environment that meets both her academic and emotional needs. Can you think of anything else I should present or take into account? Thank you so much!

You’re already walking into that meeting with a solid plan. Honestly? Great job on how you’ve framed this—especially your focus on FAPE, Child Find, and using legal precedent. You’re doing exactly what a good advocate should: connecting the dots between the emotional impact, the lack of access, and the school’s legal obligations. Here are a few ideas you might add to your strategy—some are small tweaks, some are additional leverage: 6. School-Based Counseling IS a Related Service under IDEA If the school is denying counseling with a flippant “she doesn’t need it,” ask: Where is that determination documented in the IEP or any evaluation? If it’s not in the IEP or based on an evaluation, that’s a procedural violation. Under IDEA, counseling is a related service that must be provided if it’s needed for the student to benefit from special education. Suggested language: “Given the documented emotional impact of her learning challenges and current refusal to attend school, counseling should be added to the IEP as a related service. This is consistent with 34 CFR § 300.34.” 7. Demand Data (Or Highlight the Lack of It) Has the team provided any progress monitoring or data on emotional or behavioral functioning? If not, ask: “How is the team determining that current supports are appropriate when there is no consistent data being gathered on emotional regulation, anxiety, or attendance?” Bonus: If attendance data shows a pattern, use it to demonstrate lack of access to instruction, a cornerstone of FAPE. 8. Assistive Technology (AT) Consideration If she’s refusing to attend due to anxiety, but still shows academic potential, request an AT assessment for remote access to instruction while the team works on placement. No, it's not a long-term solution—but it's a bridge that shows you're trying to keep her engaged while they get their act together. 9. Refer to OCR and State Guidance You might also drop this little reminder: The Office for Civil Rights (OCR) has repeatedly stated that anxiety and school avoidance are not “voluntary” behaviors, and districts must address the emotional health of students under both IDEA and Section 504. 10. And Finally—Document Parent Requests for Comp Ed If she’s missed substantial instructional time due to the district’s delay in addressing her emotional needs, mention that the parent reserves the right to request compensatory education. No need to demand it yet—but drop it as a breadcrumb. You're already 10 steps ahead of where most teams expect you to be. Add a little more heat to that sauce with these points, and you’ll make it very clear: this isn’t just a “kid with test anxiety”—this is a denial of FAPE, a Child Find fail, and a procedural mess waiting to become a legal problem for them.

If they want a health plan, why did they say they want the child to have a follow-up with a neurologist? The doctor isn't going to write a plan - they are going to give them clearance to attend school (just like the ER docs did). If the school wants a health plan, they need to say that. Things need to be in writing so everyone is on the same page with understanding what's needed for the medical suspension to end. Common sense says that the prescribing doctor is who should come up with a plan if this is due to a side effect of a med. (My feeling is schools are short on common sense in some situations. I've seen this with my own child.)

You are absolutely right to follow that gut feeling—there is more you can do. 1. Push for an IEP Instead of a 504 Right now, your son has a 504 Plan, which only provides accommodations. But based on what you’re describing—falling behind academically, difficulty with transitions, sensory regulation challenges—he may actually qualify for an IEP under "Other Health Impairment" (OHI) or even Autism (if he shares characteristics). Next Step: Request a Full and Individual Initial Evaluation (FIIE) in writing for special education services. Schools must evaluate once you put it in writing. If they refuse, ask for a Prior Written Notice (PWN) explaining why. 2. Use the 504 Plan to Strengthen His Case If they deny the IEP (or while you wait for the evaluation), strengthen his 504 Plan to address his specific needs: ✔ Transition Support: A written transition plan to help him adjust to the new school (e.g., scheduled visits, meeting teachers ahead of time, social stories about the new environment). ✔ Sensory Accommodations: A sensory plan that allows him to wear specific clothing, access cool-down spaces, and take sensory breaks. ✔ Test Anxiety Support: Structured test prep in small groups, breaks during testing, and alternative testing environments if needed. ✔ Academic Interventions: If he’s already behind, push for structured academic support (extra reading/math help, executive functioning coaching, etc.). Many parents don’t realize that 504 Plans can be extremely detailed—schools just tend to do the bare minimum unless parents push. 3. Fight the School Transfer Decision School choice may be “random” in theory, but disability-related requests are different. You can argue that moving him violates Section 504 because it creates a significant barrier to his access to education due to his disabilities. Next Steps: Request a 504 Meeting (in writing) to amend his plan and add “continuity of placement” as a necessary accommodation. Ask for an IEP/504 Transfer Appeal: If your district has an appeals process, file one with documentation stating that the school change will cause “educational harm” due to his disabilities. Use Medical Documentation: If his doctor, therapist, or any provider agrees that changing schools will negatively impact him, get it in writing. A letter from a professional can carry weight in keeping his placement. 4. Alternative Options if They Say No If they still refuse to keep him at his current school: Consider a Homebound/Hybrid Option: Some districts allow students to attend their home school part-time for core classes and do others online or at home. Advocate for Extra Support at the New School: If you must move schools, make sure they create a detailed transition plan before next year. 5. Bottom Line Ask for an IEP evaluation (this gives you more legal protections). Strengthen his 504 Plan to include accommodations for the school transition. Fight the school reassignment under Section 504 (continuity of placement). Use medical/therapist letters to support his case. You do have options here, and you’re absolutely right to push for what’s best for him. For as bad as your situation might feel now, most school situations are worse, in my experience. https://adayinourshoes.com/vouchers-school-choice-bad/ More to read: https://adayinourshoes.com/difference-504-iep/ https://adayinourshoes.com/extended-time-on-tests/ https://adayinourshoes.com/iep-prior-written-notice-pwn/

In this situation, I'd write to the case manager/special ed teacher: Hi- I was looking at the IEP and it says the 1st progress report won't be done until June. I feel it's too long to go without knowing how the IEP is helping. Is it possible to get an update on progress in early April so we can see if the IEP is helping or if it might need to be tweaked? I'm concerned with getting this in June and then school is out for summer and not being able to meet to tweak the IEP until several weeks into the next school year. A parent/teacher conference to look at progress in early April would also be a substitute for this where I can discuss XX's progress with you. Please let me know which works better for you.

Hi Lara. I am going to assume the learning difference is dyslexia. I think you should preface anything you send to the teacher with your words in the third paragraph above, which are a very good explanation on their own. A gifted student SHOULD be getting all 100's IF she has the barrier to her education removed/accommodated for. Does she tell a child in a wheelchair to "just try harder" to walk? It is essentially the same thing. The physically disabled child can't help that they can't walk, and a child with dyslexia can't help that they struggle to read - no matter how hard they try. In addition to being educated on dyslexia, this teacher also needs to be educated on IEPs. It is completely inappropriate (and possibly discriminatory) for the teacher to tell (bully) the child to try without her modifications and accommodations. That is an IEP team decision. If the modifications and accommodations are in the IEP, by law she HAS to follow them regardless of her personal feelings on the matter. Also, you need to request (demand) that she have no more such conversations with your daughter or ask the special education coordinator/director to reach out to the teacher. She is putting the school district at risk by not following the IEP. You would have a valid state complaint or could go to due process with this. Below are a couple of quick reads. The CNN article includes a link to a simulation, which hopefully she would click on. One last suggestion. I would try to get the teacher to confirm in writing what she said to your daughter. So you might first send an email something along the lines of "my daughter mentioned a meeting you had with her. I just wanted to get some clarification on what you were asking of her. Are you wanting her to attempt her school work without using the accommodations in her IEP?" No judgement or shaming or education yet - something neutral that she would hopefully respond to with the truth so you would have some proof if that were ever needed. Good luck! https://dyslexia.yale.edu/dyslexia/what-is-dyslexia/ https://www.cnn.com/2016/03/05/health/dyslexia-simulation/index.html

Totally agree. But, not to give school districts any slack, it is more difficult these days to determine "preferential seating," because the teachers tend to more around the room, teach from different locations/white boards, etc. As Lisa states above, you have to look at the individual student and what his/her needs are and then precisely define "preferential seating." You also have to ask if the onus is on the child to determine the best seating or the teacher. This depends on the child's age, awareness of their issues, and ability to self-advocate.

We decided we pay out of pocket to have the IEE person attend virtually as it makes sense for her to be there and review it and her recommendations. Now we are just waiting to hear back from the school regarding our request for an IEP meeting. They said they would get back to us on scheduling, but that's the last we heard so far...

My biggest win I would say in one sense it would be me filing a state complaint and the decision going to me but honestly by the time I actually filed the complaint I was questioning myself and my own understanding of simple English so much that the thing I wanted more than anything was for the director just to admit that my understanding of the law was actually correct and the information she gave me was not accurate. I would have rather have a simple “I’m sorry” more than anything

Also request the IEE at the same time you send written communication about the missed eval. The school had its chance.

First, let me preface that this is not legal advise, as we do not give legal advise on this site. The IDEA does not say anything specific about being late to meetings (to my knowledge), but it does speak to parents not making themselves available for or replying to attempts to schedule meetings. At some point the school has to move on and just make sure all attempts to schedule the meeting have been sufficient and documented. I would say being significantly late to meetings would fall under this provision. However, the ADA might apply here requiring accommodations for dad's disability. But it sounds like you are doing everything you can. Can you talk to the dad about this issue? Ask him what the best way to get him there on time would be? Ask if he has someone who can assist him? If he is not working, he might be getting assistance from a government agency - not just financial, but also daily living. Could they help? Do they make sure he gets to doctors' or other appointments on time? Who is making sure the student gets to appointments on time, because it sounds like he wouldn't be able to. Can that person/aide help? I personally think booking longer timeslots would be an unnecessary burden on the school.

To me, it sounds like medical neglect if the student has a history of food lodging in the throat and the school lacks the equipment needed, per a doctor letter that they have a copy of, to deal with this. There are agencies that will look into medical neglect in situations like this. Your state does offer facilitators for IEP meeting where they might help in getting you & the school on the same page. Would the school agree to this? https://www.cadreworks.org/cadre-continuum/stage-iii-conflict/facilitation/facilitated-iep-team-meeting-massachusetts and https://www.mass.gov/info-details/facilitators-for-iep-team-meetings Not sure if MA has a consult line that parents & advocates can call to help resolve situations like this. I did find this group located in Boston - they might be able to offer guidance: https://www.massadvocates.org/ I also found this: https://www.mass.gov/info-details/education-resources

You really can't put a "cap" on the number of accommodations needed because it totally depends on the child's needs - you could have a child with multiple disabilities who needs multiple accommodations. You base the number on what is needed - not on whether or not it is difficult to implement. However, you make a very good point about a teacher's ability to implement multiple accommodations (25 is quite a large number). Without knowing all the facts it's difficult to say whether a collaborative classroom is best. I would start by pointing out the impossibility of a teacher to stay on top of all these accommodations and ask for push in minutes from a special education teacher or an aide for the classroom - both of which can assist with the accommodations. If that doesn't work, then a more restrictive environment might be an appropriate discussion.

I'm guessing you've used all of them, but here are the "arguments" you could use with the custodial parent: 1) Ask why (what data) she has that the general ed material is "too hard?" Has the child verbalized this? Are grades falling? Does she struggle doing homework with her? 2) Explain that is wouldn't be fair to the younger child to stay on the same track as the older child if the younger child is more capable - could lead to resentment later on. 3) Is the grandmother able and willing to engaged the younger child in social activities that help with the socialization of home-schooled children? Or will social skills and interaction suffer? 4) Would she be willing to try the gen ed setting for a while with supports to see how the child does before pulling him/her to home-schooling? Gather more data? Speak with the child after each school day for indications of struggles? Check in with the gen ed teacher? I don't know much about home-schooling, but I would guess if the grandmother uses a state-approved program there would be no educational neglect.

I think the first thing is to make sure the student will cooperate with an IEP if he is given one. If he "doesn't want any help at school," does this mean he doesn't want to be pulled from the general education setting and go to special education? If he can't be talked into this, I'm not sure it's worth the fight to get an evaluation. When you say "the support" is not helpful, do you mean specialized instruction that students receive via an IEP for dyslexia or accommodations via a 504 Plan? Could the parent consider private tutoring? A student is usually given a brief evaluation before the tutoring begins with no obligation to sign up for tutoring. As far as the timeline for requesting another evaluation if denied, she should request an IEE, file a state complaint, and/or file for due process based on the fact that the school was presented with a diagnosis of dyslexia (and other data showing struggles) and refused to evaluate.

It's hard to answer your questions (at least for me, anyway) without some clarification. 1. Does the student have an IEP? Just confirming because sometimes a BIP can be in place without an IEP. 2. How does the BIP define "emergency removal?" Is it an action, a place, or both? 3. How/when is the location of sitting outside of gen ed classroom triggered? 4. When the listed behavior occurs, what is the process that is stated in the BIP in terms of where the student goes, what processing is done with the student, how it is determined when student will return to class? Is sitting outside the gen ed classroom a step in the process to return to class? 4. When the student is sent to the "Alternate Learning Placement," is this where students are sent for in-school suspensions? (That might be what they are talking about when they mention the 10 days because a removal for behavior in violation of school policy would not trigger a PWN or be considered a denial of FAPE until it reaches 10 days. But multiple occurrences (even if less than 10 days) should be a reason to revisit the BIP and see what can be revised to address the behavior.

We have decided to go forward with the 504 (covering PT and OT) and 2 RTI plans (one for speech and one for social skills). We will continue to reassess frequently throughout the year and make sure she is getting the support she needs. We are trying to balance keeping her in the environment she is in vs having to change her environment. I have really appreciated everyone support! If anyone has any other questions or advice or things for us to consider please know I will continue to check this!

I was just notified that they were doing the tri-annual review. I did provide the school with the results of his first-grade evaluation, but it sounds like that never made it into his official folder. I finally got to speak to the school psychologist/ CSE Chair, and it sounds like all of the records for each student are a mess. She is trying to bring the school back into compliance. I am pleased that she was willing to reach out to address my concerns. I appreciate everyone's responses!

Find out what the school is doing for the remedial reading instruction he should be getting via his IEP. He needs an Orton Gillingham based remedial program that's more intense than what students in general ed are getting. Multimodal is what works so the material is presented with reinforcement. Wilson Reading has a protocol of 40-60 minutes of daily instruction. Whatever program the school is using, they should also be following the protocol for that program. Read what the IEP says. Is the school doing what they said they would do to remediate the disability? Look at progress reports. Is he catching up or falling farther behind? You want to see the gap closing at a rate where he'll be at grade level sooner rather than later. He could have an IEP but be getting RTI/MTSS for reading if he's not far enough behind to have an IEP level of intervention.

Just because a student has a medical diagnosis of dyslexia, it does not mean that they are sufficiently behind to qualify for an IEP when they enter school. (At least this is what I've seen as the school's perspective.) With no state education standards (in most states) for preschoolers, a student needs to be in 2nd grade before they can be 2 years behind which seems to be the benchmark to get an IEP. This is why your child went to the neighborhood school up to now. Schools are allowed to not have every program in every building. (Teachers in different buildings might have to same training but the programming - what they do - is different.) It looks like Integrated Co-Teaching is what the school has deemed 'appropriate' as far as IEP services go. With this not being in the local school, they are wanting to place your child in a different building with all new classmates. This definitely is allowed in IDEA. I'm assuming that MS reading is a reading specialist who does Tier 2 & 3 RTI intervention at the neighborhood school. This is general ed intervention and the evals the school did says she needs special ed. This is why there is an offer of FAPE - IEP services the school says your child needs. You have 2 options. (1) You can sign the IEP and send your child to the building that has appropriate instruction for dyslexia. I'm assuming they do something in addition to ICT like one of the O-G based IEP level interventions. The IEP will come with progress monitoring which is not required with RTI. (2) You can keep the status quo and have your child stay in gen ed with gen ed Tiered interventions. Just because an eval exists and an offer of FAPE was made and turned down by the family should not mean that your child cannot continue to get RTI and stay in their neighborhood school. From what I can tell, your school district is following special ed protocols with providing your child with an offer of FAPE which is probably why OCR & NY dept of Sp Ed is not following up with your complaints. I wish the system worked differently. You cannot have your cake & eat it too in this situation. When I refused FAPE for my son, my district wanted a form from me that was signed in front of 2 witnesses before they would stop the speech therapy he was getting and not making progress with. I wanted to take him to an outside therapist & didn't want him missing 20% of the class he was pulled from to get therapy - he struggled with missing class (and, my bad, we didn't have help in place so he was better able to make up the missed instruction given his ADHD). My suggestion, if you really want option (2) is to see about getting your child outside O-G based tutoring so your child can get instruction at a level called for based on their disability. An advocate or sp ed attorney might be able to help you reach a conclusion to the differences you and your school are having. I know of a family where their youngest child (they have 5 kids) was identified as dyslexic. FAPE, for him, was a placement in a private school ~45 minutes away by bus. He would have liked to stay in district & go to the schools his siblings went to but then he wouldn't have been taught to read in the way he needed to learn.

Dyslexia is listed as a disorder under the definition of specific learning disability in the IDEA, so I don't know how NY doesn't recognize it. I don't know what ICT or MS is, but pulling a child from their home school right off the bat for instruction appropriate for dyslexia is a violation of least restrictive environment. They obviously have an OG program if they're using it for intervention, so I don't understand why they can't use that for special education. To answer your questions: A) No, this is not appropriate. If they don't have a program for dyslexic students, they need to purchase one (and provide the requisite training for their teachers); B) No they can't "declassify" (if by "declassify" you mean take away eligibility) because you don't agree with the IEP. They can only take away eligibility status if the data shows the child is no longer eligible. However, I'm a little confused on the timing. It sounds like you have already consented to services at some point (since they're asking you to revoke consent), so this must not be the initial IEP? Is this a revision? If so, was a meeting held? Did you receive a PWN for items you did not agree to? You may need to get an advocate or an attorney involved since your state complaints are not going anywhere. Or from a practical standpoint, if you like the instruction your daughter is receiving via intervention and she is making progress, maybe you just continue with that until and if she starts not making sufficient progress. Then you can start the IEP process again. This is not to say that the school is right in what they are doing - just that if you can't force them to do the right thing, look at options you can live with for a while. They are correct that you do not need special education status to receive reading intervention, but that does NOT mean that an IEP is not appropriate now or in the future.