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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.

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- RTI is Response to Intervention and MTSS is Multi Tiered System of Support. Both are part of general ed assistance for struggling students. (Schools generally call it one or the other with RTI being the 'old' way of doing things.)

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

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

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

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

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

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

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.

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

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

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

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

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

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.)

And my reply: Nope, you are not overreacting. In fact, you’re spot on—and thank you for caring enough to ask this. You're right to be cautious. That 15-business-day waiting period was put into place for a reason: to protect parents and give them time to understand, reflect on, and dispute any proposed IEP changes—especially if those changes are significant, like moving a child from general ed to a self-contained setting. Let’s break this down: 1. Waiving the Waiting Period Is Optional The law in Louisiana (Act 696, passed in 2023) says that a parent may waive the 15-business-day delay in writing—but they don’t have to. The default is that the IEP does not go into effect until the 16th business day after the parent signs the PWN, unless they explicitly choose to waive it. ✔ So when you see a culture shift where waiving it is treated as “standard” or “best practice,” that’s… not great. It’s not illegal, but it undermines the original intent of the law—to give families breathing room. 2. Big Changes = Big Red Flags You're right that the waiting period is especially important when: The student is being moved to a more restrictive setting (like from gen ed to SSCD). There are major behavioral or placement changes being made. The parents seem unsure, confused, or overwhelmed. In those cases, encouraging a parent to waive that protection could cross the line into manipulation—or at the very least, create a situation where parents don't know they’re giving up something important. 3. It’s Not Overreacting—It’s Ethical Advocacy Teachers like you—who recognize nuance and equity—are exactly what our students need. Saying, “Hey, I know we usually do this, but in this situation, I’d encourage the family to hold off and think it over,” is not overstepping. That’s doing right by the student. And yes, in a situation like the one you described—where a student with behavior needs was placed in a self-contained setting without parent pushback or a true attempt at supports in gen ed—that’s a clear scenario where you’d absolutely want to preserve that waiting period. If you're getting pressure from admin or colleagues, you might consider: Referring families to Louisiana’s PTI (Families Helping Families); while they still exist anyway; or you can refer them here Offering neutral language like: “You do have the option to waive the waiting period, but it’s completely your choice, and it’s there to give you time to ask questions or get clarification.” Keeping documentation of cases where you believe the waiver might not be in the best interest of the student. Bottom line: You’re not overreacting—you’re being exactly the thoughtful, equity-focused educator your students need. Keep doing what you're doing.

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.

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

When the breaking of school rules happen, it's generally followed by the school following discipline guidelines which can include expulsion/a switch to alt ed (since school is mandated). The only exception to this is when the rules were broken due to a manifestation of a disability or the school not following interventions to prevent behavior in the IEP. The change of placement of a student with an IEP is required to be a team decision. In other words, you need an IEP meeting to move a special ed student to an alt ed school. If your child doesn't have an IEP, you can request a special ed evaluation to see if they qualify. If the school says they don't qualify, you can request an IEE at school expense. Lisa has info on MDRs on her website: https://adayinourshoes.com/manifestation-determination-hearing/ I've seen where an academic issue wasn't supported and the student had behaviors so you might want to look beyone the behavor to what's the root cause.

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.

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 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.

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!

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.

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?

You ask for an Independent Educational Evaluation (IEE) for the reasons set forth in this post. This would be at no cost to you, and school district either has to agreed to one or take you to due process to show why they shouldn't provide an IEE (so 99% of the time the request is granted).

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,

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.

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.

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