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Others may disagree, but my feeling is that if something is no longer a parent concern, it can be removed. If it comes up again, it can always be added back in. The prior IEP's are your proof of informing the school of the parent concerns for that IEP year.

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.

RePosted • @casponline, Governor Newsom signed into law the CASP-supported measure, AB 2173 (Addis). This new law allows the term ‘emotional disability’ as an acceptable alternative to the existing ‘emotional disturbance’ label in California’s Education Code and regulations. CASP believes that this change in terminology will help to reduce the stigma associated with mental health challenges which can be a major barrier to individuals seeking help and support. A big thank you to the legislature, Assembly Member Addis, Governor Newsom, and the CASP Legislative Committee for their unwavering support and coordination in getting this bill passed. This is a significant step forward for our community!

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.)

Personally, I feel that not averaging this test is isn't a 'reasonable accommodation'. Given it's the end of the school year & there is limited opportunity to make this right, this might be what to ask for. I do feel you should ask for something. What might be better would be for your child to go over the test with the teacher where the teacher allows her provide a verbal response for the questions she didn't answer 100% correctly. Also, if classmates got 5 minute with open notes, IMO, your child should have gotten 10 minutes. You might want to request an IEP meeting so 'extra time' can be clarified as to what is needed. Maybe also clarify what happens if teachers use timers or do other things contrary to what's in the IEP (if the class needs a timer, your child should be testing in another room) you might want to include that the test will not count toward the final grade unless it brings her average up. I've not seen students get more than 2X time but there are exceptions to everything. If you (or your daughter) don't ask, the answer is 'no'. Definitely say something and do it in writing tso there is a paper trail.

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.

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/

Whew—this is such a powerful, clear, and unfortunately very common story for 2e (twice exceptional) kids in public school. First, you’re doing everything right—you’ve documented, provided outside data, shown samples, advocated consistently, and kept the focus on your child’s actual experience—not just the grades or scores. Here’s the heart of the issue: your son is masking his disabilities with his strengths, and the school is choosing to see only the strengths. That’s not just frustrating—it’s a systemic failure for so many 2e kids. You're right that "relative to ability" isn't part of the eligibility criteria under IDEA anymore, and that makes it harder to qualify under SLD if a student is still performing at or above grade level. But nothing in the law says schools can't consider the discrepancy between a student’s ability and their actual performance—or how hard they’re working to maintain those grades. That’s a red flag the team is ignoring. Here are some suggestions and next steps: 1. Ask for an Independent Educational Evaluation (IEE) at public expense. If the school’s reevaluation was surface-level or didn't fully assess his functional performance, especially in reading and writing under stress or timed conditions, this is your next move. You have the right to request it if you disagree with their evaluation. Read up before you do this (info on my site) because if the school declines, they're required to file for due process. 2. Ask for data on how the writing accommodations are being implemented. Teacher conferencing sounds nice, but without documentation, it's fluff. Ask: How often is it happening? What is being taught or corrected? How is progress tracked? I have a mini course on IEP progress monitoring. 3. Push for goals and services in written expression. You have the samples. You have the documentation. He’s not meeting grade-level expectations independently. Use that language. Ask for a meeting to specifically address writing fluency, spelling, and on-demand writing without supports. 4. Bring in the emotional impact. Stress, shutdown, refusal—these are all signs that he's not accessing the curriculum in a meaningful, functional way. Emotional distress is educational impact under IDEA. 5. Reframe the “good grades” argument. Say: “Good grades with heavy scaffolding are not the same as skill mastery. He is not progressing independently or sustainably. That’s not FAPE.” 6. Consider requesting an FBA. If he's overwhelmed, shutting down, or showing behavior at home tied to school stress, an FBA for emotional regulation in response to school demands might help. It also gives you a documented path toward support if burnout increases. 7. Lean into transition goals as you head toward high school. That self-advocacy skill you mentioned? That should be in the IEP. You can ask for direct instruction in self-advocacy and executive functioning as he prepares for the next stage. I know it’s exhausting—and it’s not fair that your son’s strengths are being used against him. But the fact that he wants to be in school, wants to do well, and is finally starting to speak up for himself? That’s a huge win. You’re not overreacting. You’re seeing the iceberg the school is trying to ignore—and trying to steer your son safely past it. I have sample language for these requests, letter templates, in the IEP toolkit which is being revised right now. You're doing an incredible job.

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?

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.

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.

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.

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.

I think the parent training on some time-keeping skills is the best way to go. It sounds like the team is doing the other pre-reminders and reminders already.

Data collection is generally done as part of an evaluation. On average, evals take 60 days - depends on state regs. With the written evaluation in hand, the team meets and decides on support for the student (or not if they don't meet criteria to get help). Special ed level data collection would require parent permission. Is the data collection & intervention trials part of RTI/MTSS where there are no timelines for placing support in place? RTI & MTSS are part of general ed intervention where data collection & support trials would not need parent permission. If I was the parent, I'd be asking for a copy of the observation results report as well as requesting a team meeting to see what the next step can be. The school should have a 'child study team' of some sort that works with gen ed students who need RTI or MTSS. If this is a special ed eval, they missed the timeline for completing the eval & moving forward and a state complain can be filed. Given how you have described this student, they need a special ed level of evaluation for learning disabilities. Having a LD & not getting the support you need can lead to frustration that comes out as punching classmates. The 'in your face' thing is the punching where this ends up being the school's focus and the root of the issue (the LD) isn't looked at. In cases like this, supporting the LD can fix the behavior. (Documentary, The Kids We Lose, covered this issue.)

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.

How many accommodations are reasonable for in IEP? An IEP was just written for a student with 25 accommodations. Is a collaborative classroom the best fit for this student, and how can a teacher stay in compliance /document that number of accommodations?

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.

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!

Was it the school neuropsych who did the diagnosing or did you bring him to someone outside of school? If this was done outside of school, the school will only have that as part of his records if you provided paperwork from the diagnostician. It's possible that the school records are sloppy or are missing the fact that his doctor tweaked meds to help him have better behavior. (Maybe they only looked at school records & not things you provided.) Under FERPA, you are allowed to clarify school records. You might want to see these records to determine if you should add something so they know he's taking meds for behavior and as long as they are right, he should be OK to be in his neighborhood school & not an alt placement. (Not sure if you should email them as to why they feel he might need an alt placement as you have not been informed of any issues he's having at school. I've seen where parents are not in the loop so the school can have data where they should be keeping parents in the loop so meds can be tweaked. I know as kids grow, dosing can often need to change.) If the person is new, they might not know your son and the fact that things settled down. Has the school requested parent input with doing the triennial eval? You could mention that he's taking meds to help with behavior and you want to know of any issue the school is having with him so meds can be tweaked when needed. I know that my son who has ADHD needed meds for both focus and to cut down on impulsive outbursts. Luckily he was OK at school. I think video games were a trigger for him. We did adjust how much he was getting from time to time.

CSE seems to be a NY thing. I (and Google) didn't see this associated with any other state. I'm not familiar with what the position entails. To answer your question. If I was looking to evaluate a student and knowing that IDEA is looking for students to be assessed in all areas of suspected disability, I'd look at the school records & put on my detective hat. If I saw low math grades, I'd suspect a math disability. If I saw many referrals for behavior, I'd suspect a behavior disability. This would be the guide to use for whomever was coming up with the disabilities I'd suspect in a student and the direction for a triennial evaluation to head in. I'm not sure if this is normal or not but it is not a conflict of interest to review records in order to plan what's needed to go forward. Also, in very small school districts you'll find that one admin will wear many hats.

This is a copy & paste of the law from this website: https://legislature.idaho.gov/statutesrules/idstat/title33/t33ch2/sect33-202/ TITLE 33 EDUCATION CHAPTER 2 ATTENDANCE AT SCHOOLS 33-202. School attendance compulsory. The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. To accomplish this, a parent or guardian shall either cause the child to be privately instructed by, or at the direction of, his parent or guardian; or enrolled in a public school or public charter school, including an on-line or virtual charter school or private or parochial school during a period in each year equal to that in which the public schools are in session; there to conform to the attendance policies and regulations established by the board of trustees, or other governing body, operating the school attended. History: [33-202, added 1963, ch. 13, sec. 25, p. 27; am. 1992, ch. 243, sec. 1, p. 721; am. 2009, ch. 103, sec. 2, p. 318.] I am not a lawyer but the way I'm interpreting this is if you are 7 on the day school starts, you must be enrolled in school. If he's turning 7 in a month, school has already 'commenced', so he'll need to start in the fall. I don't see this as a truancy issue. Part of school evaluations often include a classroom observation. I think this will be needed before the school says a 1:1 is needed. Parent will not see this on an IEP or 504 until the child is in school & the school sees a need. Has the family considered a virtual charter school where they can provide 1:1 support? This might be a way to show the local school district that a 1:1 aide is needed.

Yes. Like Carolyn said: Requesting an IEE at school expense is the next step when the eval is inaccurate or incomplete. (Was the testing done in June when your child was in 7th?) Comparisons should be to a typical peer and not a student with an IEP. https://adayinourshoes.com/iee-independent-education-evaluation/

I think you need to ask to see the progress reports for prior years as well as the SDI that has been provided to the student. It sounds like the remedial intervention through the IEP they have had for 8 years hasn't been helping. When was the student identified as needing help with reading? What level were they at back then? How much progress have they made? Do they have an intellectual disability that prevents them from being receptive to the special instruction in reading that has been provided? What has the school been doing? What are the teacher's certifications and/or qualifications to provide remedial reading services? It's great that they are changing the SDI in the IEP given that is sounds like they have not responded well to prior intervention. I would ask to see the evidence/research on this push-in protocol and how it will do a better job with closing the gap between this child's present levels and where classmates are. Given how far behind they are, the school needs to be doing something different/better to catch this student up. With the bullying that goes on in the MS grades, I would hesitate to do push-in IEP services. It could cause this student to become a target where they will start having mental health issues from the bullying in addition to the SLD. In your shoes, I would also look at how the school is accommodating the student's deficit areas with things like talk to text software and audiobooks. If these are not in place, they will not have access to general education material. My gut says that a child who is 6 years behind needs to be placed in a private special education school at public expense because it seems like the school has tried and failed this student. They need to start making 2 years of progress in reading each year so they can be caught up by the time they graduate. Given what the school wants to do, my feeling is that this student will drop out and never graduate. They will not be able to hold very many jobs with reading at this low a level given how important reading is. Would they even be able to fill out a job application if they don't start making better progress?

If parent training is needed, you have a few options in a virtual school. You can hire someone local to the parent and do in-person training at their place of residence or a library or other public building. You can do training over Zoom (or similar platform) which could be for just for these parents or a group of parents with similar needs. This can be done by school personnel or someone the school hires. My county does parent training but this is more-so geared toward parents found to be abusive or neglectful toward their children. It's free and they make sessions available to anyone. It might not be as targeted to these parent's needs since you're inferring they need autism-specific training. Another option is a book club with virtual meeting. A book like Ross Greene's The Explosive Child is a great parenting book for every parent. (He also wrote Raising Human Beings. I haven't read this one but I'd recommend it too.) School social worker could also work with families on this on an as-needed basis. I think getting the point across that these are required for the parents is going to be the hard part.

If this school district has a rule that a student needs to be on a 504 for a year before they will do a special ed eval: 1- Get this in writing. 2- File a complaint with the state using 1 as evidence. 3- Ask who the school's 504 coordinator is and request a 504 meeting so a 504 can be drafted and put in place. 4- Request that the prior school send a copy of the 504 the child had when the IEP went away. See if they can tell her the date it started. (It might exist - parents are not required members of the 504 team. And if it's been in place for a year it might be time for an IEP.)

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.

If the behavior is coming from academic instruction that isn't at an appropriate level of rigor for a student, the fix would be to provide appropriately rigorous instruction. Has the school done an FBA? A BIP/PBSP needs to be based on data and an FBA is where this data comes from. I'm not sure what state you are in so I'm not sure what the rules are on how gifted has to be done. I'm in PA & GIEPs go from K to 12 even though the formal gifted program in many schools doesn't start until 3rd grade. I do have a suggestion for homework. Modify it to his level. If the assignment is addition of single digit numbers, find a worksheet with double digit addition or change the one he brought home and have him do it and hand it in. Write a note that he was bored and uncooperative with the assigned homework, so you modified it. This also provides data on how mismatched his ability is to the work the class is doing. If you feel your child needs sensory breaks and enrichment, figure out what the school needs to do to come up with data on that being the need so they can tweak the IEP so he has the right support. There are evals for social skills. Has any been done? I'm also thinking that this might not be ADHD & anxiety. My oldest was like this - got an ADHD diagnosis in kindergarten. As it turned out, she's on the autism spectrum. She was diagnosed with Aspergers in 7th grade. This was changed to autism level one when the DSM 5 came out. She's 2E. Very bright - had a GIEP. Communication skills & social skills were low. It's a hard combination to deal with. The school saw the intelligence but not the deficits. She finally got an IEP at the end of 8th grade.

My answer is going with the assumption that you voluntarily placed your child in the private school and it was not an out-of-district placement agreed upon by an IEP team in your home district. If that is not the case, please reach out again because my answer would likely be different. There may also be a difference if your child was found eligible prior to or after placement in the private school. When a child is enrolled in a private school, it is the responsibility of the district in which the private school is located to conduct evaluations, determining eligibility, and developing a plan for special education services. Also, it will most likely not be called an IEP, but rather a "services plan." You do not have the same rights to special education in a private school setting that you have in a public school. Funds are allocated to public school districts for providing special education services in private schools in their district, but they have a lot of flexibility in how they spend those funds. Any meeting you have with the school district to develop the plan should include a representative from the private school. I would suggest reaching out to your state department of education for specific guidelines in your state.

I'm not in NYC and my district put into their school board policy around the same time they started giving all students in grades 7-12 a laptop that all teachers will post all assignments online. Checking the assignment book was a thing with my oldest but it wasn't needed with her younger brother with the change in policy. They even made assignment books optional for all students when they made this change. If K-12 is getting students ready for college, I'd say that 99.99% of colleges have their assignments posted online. My other thought is: are teachers posting the assignments on the portal when they are assigned? If they are, you & your child could be checking the portal to see the assignments. Pretty sure our portal said if the assignment was an in-class assignment or a homework assignment. This could also be an IEP accommodation: Teachers will post all assignments on the school portal when assigned or they much check student's assignment book that all assignments are written in the book. Like Carolyn said: teachers need to follow the IEP. If they are supposed to check the assignment book & it's not happening, they are out of compliance with the IEP. The solution is to go up the chain of command or file a state complaint. You can also do both & file a complaint if talking to the school isn't working.

I would advise first calling your state department of education (special education department) and asking what they think. You don't want to start a fight or pay for legal expenses if you don't have back up from the state. States have been very lenient toward school districts during this special education teacher shortage. One thing I would ask for personally is if the offer could be used DURING the school day. School districts contract with outside providers all the time and provide services during the school day - sometimes via Zoom. See if you could work something out. We do not provide legal advise on this site, but a couple of things jumped out at me. First, they are referring to it as an "offer." Does this mean if the parent can't arrange for services to be provided outside of school that the school district is off the hook because the parent "rejected" the offer? That doesn't sound right. (Not to mention that transportation should probably be "offered," as well.) Second, you make a good point about other parents who don't have the resources or aren't savvy enough to understand this "offer." Is the school district going to follow up with all parents to confirm that minutes were actually provided? After all, the school district is the entity that owes the child the minutes and has to show proof that they were provided. (Another question to ask the state.) As far as the school district's failure to respond to your communication, first, I would not call. That leaves no trail of your attempts. Second, when you do not receive a timely response from the person you emailed, go up the chain of command - principal, special education director, superintendent, school board. You might also consider attending a school board meeting and asking your questions - preferable getting other parents similarly situated to attend.

Question: What's the most creative or unusual accommodation you've successfully included in your child's IEP? How has it helped them?

That's one thing that can shock parents but the school follows their evals and considers an outside eval. Outside experts in person at a meeting - same thing. They will follow what their staff says. Did they say no to an IEE at school expense? Tell them your child is bored and it going to be a behavior issue if his slow processing and ADHD aren't taken into account. The 1st rule of special ed is to do it in writing (email is OK) so you have a paper trail. I feel a 504 to accommodate the disabilities the outside eval found is a good 1st step. You can't force them to give your child an IEP & put them in the grade you want him in. An attorney & due process is the way to get them to do things.

IMO, he needs to sign over educational guardianship to you. I do know he'll need to be 18 & an adult to sign this sort of paperwork. (You can't do it ahead of time but you can have the paperwork ready for his signature on his birthday.) A FERPA waiver might also be expected by the school. Many special ed attorneys offer a free 15 minute consult but they will likely want to set up the paperwork for this if you contact them. (I'm in PA & the age of majority for IEPs seems to be 21 here so I didn't have to deal with this.) Not sure if you can find a free template for this online. How do you know this will be his last year? He can stay in school until 21. What are his post HS graduation plans? Will he need a current evaluation to get accommodations where he plans to be post-graduation? If yes, ask the school to do an eval during the 2024-25 school year so you don't need to pay for one. Also, every child should be providing their parent with POA when they turn 18. Disability/incapacitation can happen in an instant. I remember a lawyer with 2 children had a POA set up for his disabled adult child. It was his typical adult child who ended up hospitalized from a skiing accident & he couldn't get any info from the hospital.

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.

My name is Carol Wilson, and I am a special education teacher deeply concerned about recent trends in educational placement practices for students with Emotional and Behavioral Disorders (EBD). I am reaching out to advocates to bring attention to a critical issue affecting the well-being and rights of students with EBD nationwide. In recent years, there has been a concerning trend observed across many school districts: the placement of students with EBD in self-contained classrooms designed for students with significant cognitive disabilities without following proper due process procedures. This practice not only violates the rights of these students under the Individuals with Disabilities Education Act (IDEA) but also places them at significant risk academically, socially, emotionally, and even physically. Placing students with EBD in self-contained classes without holding a manifestation determination review (MDR) and without considering the individualized needs of these students is a gross violation of their rights. It denies them access to the least restrictive environment and fails to provide the necessary supports and services outlined in their Individualized Education Programs (IEPs). Furthermore, it can have detrimental effects on their academic progress, social interactions, emotional well-being, and physical safety, as well as that of the students appropriately placed in these settings. Moreover, this practice also takes a toll on educators. Special education teachers who are tasked with managing classrooms with students who have significant cognitive disabilities face immense challenges when students with EBD are placed in these settings without appropriate support or training. The increased behavioral demands and potential for physical aggression or violence put educators at risk of burnout, injury, and compromised mental health. As advocates for both students with disabilities and educators, it is imperative that we take action to address this pressing issue. I am calling for a national campaign to raise awareness about the inappropriate placement of students with EBD in self-contained classrooms and to advocate for the rights and well-being of these students and educators. I urge advocates to join this campaign and mobilize its resources to: Advocate for the enforcement of proper due process procedures, including the holding of MDRs, before any decision is made to place a student with EBD in a self-contained classroom. Provide training and support for educators working with students with EBD to ensure they have the necessary skills and resources to meet the diverse needs of their students. Advocate for the implementation of evidence-based practices and interventions to support the inclusion and success of students with EBD in general education settings whenever possible. Call for increased funding and resources for special education programs to ensure that students with EBD receive the individualized support and services they need to thrive. Additionally, I urge advocates to encourage its members and stakeholders to flood the Office for Civil Rights with reports of these violations of students' rights. By bringing attention to these issues at the federal level, we can work towards systemic change and ensure that all students receive the quality education and support they deserve. Together, we can make a difference in the lives of students with EBD and ensure that they are provided with the opportunities and supports they need to succeed. Thank you for your attention to this critical issue, and I look forward to collaborating with you on this important campaign. Sincerely, Carol Wilson, Ph. D.