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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!

A child should always get all intervention they require to make them successful regardless of the eligibility category. If the primary disability is SLD, they should still receive goals, services, and/or accommodations for anxiety if the evaluations show they are needed to access the general education curriculum. If the primary disability is OHI, they should still receive goals, services, and/or accommodations for SLD if the evaluations show they are needed to access the general education curriculum. Your child's life should not be ruined either way because they school district is required to provide needed interventions in all areas of need. Having said that, I feel the primary disability is important, because that tends to be how the teachers view the child. Do you want the teachers to think your child's anxiety is the bigger problem or the reading comprehension. Also, what do you as a parent feel is affecting your child the most - the anxiety or the reading comprehension? But it will also depend on what the evaluations say, and it sounds like the school district may argue that the data points to OHI -but make them PROVE that if you disagree. I'm also very suspect when school districts want to avoid the SLD classification. They may feel that this holds them to a higher standard, such as providing evidence-based multisensory structured instruction, even though my thought is this is required even if SLD is a secondary category. There also might be state laws that kick in regarding SLD's that they're trying to avoid. Go with your gut - you know you child the best. But also be prepared to back up your decision by referencing data in the evaluations and (if you think it will be helpful) asking the general education teacher what s/he feels is your child's bigger obstacle.

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/

I feel an eval is needed. Reading should be assessed so she can have access to audiobooks in college. (Are audiobooks a current accommodation?) Let them do the RR (likely what they have time to do & be in compliance for triennial eval timelines) and then the full eval over the summer. She seems more like SDL Reading than OHI but dyslexia and ADHD & EF issues as well as anxiety can be comorbid. If you do college visits this summer, pop into the disabilities office and ask them what they want in order to provide accommodations. I have an advocate friend who suggests a disabled child stay within a 2-3 hour radius of home in case parents need to stop by and help them during the course of their college career.

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/

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.

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/

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.

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.

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.)

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 are absolutely correct that any areas in which the child was found eligible and has an IEP for has a right to have a re-evaluation in those areas every three years. I would suggest referring the school psychologist to the IDEA and any state guidelines you can find regarding special education processes that address this specific issue. l would even call your state department of education and speak with someone and add THAT to you email. I would also copy your director of special education. The only allowed reason for not conducting a three year re-eval is if BOTH the school district and parent agree. I they still say "no," ask for a PWN and file a state complaint. As far as the math goals, again, you are absolutely correct that she should be switched to life skills math. At a minimum, she should not be attending any gen ed math classes at all, but instead should be spending that time in special education math. Schools try to argue that students need to stay at least part of the time in the gen ed math class so they are exposed to the skills their peers are learning. But your daughter is way too far behind to get anything our of a gen ed math class and it would be very frustrating and a complete waste of time. Other than pointing to her significantly low math level, I'm not sure how else to convince the team.

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!

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.

I have never encountered a Committee for Special Education (I assume that's what CSE stands for?). But I don't see how there is a conflict of interest problem. When doing the evaluation, she must abide by the standards of her school phycologist role. Are you thinking the committee will have ulterior motives in terms of placement or other things that would create a conflict of interest? Unfortunately, I don't think you can assume that right off the bat and will have wait until you have some type of proof that her dual role is biasing her evaluation.

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.

I don't think not having an IEP in place when the school is doing all it can is ever a reason to not attend school. Of course, I don't know all the facts. What is it the parents want in place before their child goes to school? Is there a fear of elopement or some other safety issue? If so, that would be a valid reason, but have they asked the school to put something in place informally until the IEP can be put in place? Would a 504 (that process is usually faster) work until the IEP could be put in place? If there is a valid reason, have the parents asked for ways to instruct the child at home until they feel comfortable enough to send him/her?

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?

I would write a parent letter of concern. Dear School- What I see at home is my child, XX, will get overstimulated where behaviors get bad when she's allowed to use electronics. I'm not sure that allowing her to use her Chromebook during 'brain breaks' at school does the same thing. I do feel that allowing her to use her Chromebook at school for " non essential academic tasks", as stated in her IEP, does not follow her IEP. I would rather see her looking at a book, playing cards, playing with a fidget, punching a punching bag or other heavy physical activities rather than allowing her to use electronics would work better to reset her ability to stay on task when she returns to the classroom after taking a break. Can we try these activities and see if they work better than having her on her Chromebook? Thanks,

I don't see why not, and it certainly wouldn't hurt to ask the 504 team if this could be added as an accommodation. However, I don't know if the school will agree. When you say he was "tested," was he tested for academic achievement or just behavior? You might reach out and ask for additional testing - something else might be going on such as dyscalculia. Also, depending on how low his scores are in math, he might qualify for an IEP, which would give him specialized instruction in math - hopefully in a manner that works for him.

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.)

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.

We are going to need more facts for this. What do you mean by "full support" versus "itinerary or supplementary support?" I can respond in a general sense... You need data to show the student needs the support you're asking for. What do you mean by "records" show serious struggle? Has there been a school evaluation? That is what you need to refer to in order to show a need. Point to struggles/deficiencies shown by the school evaluation and other data (grades, teacher comments, etc.) and make sure it is documented in the present levels. If it's there, it needs to be addressed with accommodations. Ask the team: "Why aren't you providing the support that the present levels show the student needs?" If the school evaluation/present levels don't show a need, you can disagree with the school evaluation and request an IEE (Independent Educational Evaluation) at school expense. Unfortunately, school districts do not have to follow the recommendations in an IEE, but they do need to consider them.

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.

Thanks for that perspective! My concern is that the TA won't be 2:1 based on the language in the PWN and will be working with additional kids regularly. This was an issue this year as there were always 3 adults in the room and my daughter was still able to elope. Also, by taking it out of the grid there's no definition around what the TA will be helping with. I emailed the speech therapist and she forwarded it on to the CSE director and the principal. We'll see what they have to say. Thanks so much for your input!

I would request a meeting and make sure the principal and director were there. Ask for the 2:1 to be put in the services section or at a minimum the TA. I would also request a new or revised PWN setting forth that the 2:1 agreed to at the meeting was removed without another meeting being held and the reasons why it was removed.

So the 2:1 was in the draft, discussed at the meeting as staying in the IEP, and was deleted from the final version. There definitely needs to be a explanation in the PWN as to why something agreed to was removed from the IEP. With a case manager leaving their job between having an IEP meeting & getting the final draft to the family, I would hope that the LEA would be the person to do the edits on the IEP so it's someone who was at the meeting.

Like I posted before: There is a saying in schools: If it's not in writing, it didn't happen. Make sure you have a paper trail. If you do have a phone or in-person conversation, follow it up with an email so you get important points in writing. I know this is a PITA but it's necessary.

Hi….I’ve been a member for a while. I’m in California, I have twins, I’m a single mom, and I have a very big case against the school district and beyond. District is pushing to settle (mediator contacting me daily now), but I don’t have a lawyer, and am not equipped to negotiate settlement agreement that spans special Ed, civil rights, personal injury, etc. District understands this is what we are both talking about. Please reach out to me asap with any strong attorney referrals. Again, this goes far beyond compensatory services and requires an attorney who can jump in now, understand multiple overlapping areas of law, and negotiate a settlement agreement now.

Hello. Compensatory services are very complicated, but I will attempt to answer each of your questions below: 1. Although you should check with your state department of education, generally, compensatory services do not have to be provided on a 1:1 basis. It depends on how much progress (or lack of progress) the child made after being denied the required services. To determine this, you may need to request an IEE to show that the child could have made more progress had the required services been given. The goal is to get the child to the point they would have been had the services been provided, but this does not necessarily mean that make-up services have to be 1:1. 2. ESY and compensatory services are two distinct services based on two distinct determinations and cannot be provided concurrently. 3. Who can be a "Reading Specialist" is likely defined by requirements set forth by your state department of education. A general education teacher may very well meet the definition depending on his/her training in early intervention reading, etc., or whatever the state requires. But if the IEP states "Reading Specialist," it has to be someone that meets this definition. I do not think a PWN would be appropriate to deny something already written into an IEP. An amendment would be the correct route, but I would fight that. 4. If they are not using Wilson and that is written into the IEP, they are in violation. I'm surprised they stated a specific methodology if they can't/won't use it. The problem you might encounter, however, if you tried to enforce this by way of a state complaint or due process is that the state or hearing officer would be sympathetic to the school district if they could show the methodology they are using is comparable to Wilson. Again, they should amend the IEP if they are not going to follow it. A PWN does not give a school district a pass on implementing what's already written into an IEP.

Did the school psychologist provide a reason on why they want this category? I'm in PA & what I've found is they have regs on teacher caseloads. Autistic support has a small caseload, learning support allows for a bigger caseload. Sometimes the school will push for a category so they have an easier time meeting caseload requirements. I looked up PA regs and they list 9 categories & their caseloads. OHI isn't listed. I know the category is important. The thing is, IEPs are based on what's in the eval report. If there is a need for reading help per the eval and the SLD box isn't checked, the school still has to set goals & remediate the reading issue. The wrong box being checked shouldn't have much effect on your child. So long as the IEP eval is both complete & accurate, all your child's needs should be met by the special instruction & services in the IEP.

You could try asking for a meeting and agreeing to excuse all the required team members who, by contract, are off for the summer. But I don't know who that would leave you with or if the school would even agree to a meeting under those circumstances. You might also try asking for an informal meeting with the director of special education IF s/he is contracted year-round and IF s/he would agree to it.