Lisa Lightner

So, there's a lot going on here. First, I can only reply based on what you've posted--so I don't know what you have in you, as far as mental energy to fight this. I know that many of us, in addition to raising children with significant disabilities, have other challenges at work, with our aging parents and so on. But--here are your options and some stuff to read. 1. Sounds like your FBA was just complete garbage. You gave the school a chance to get it right, and they didn't, so you may want to consider an IEE. https://adayinourshoes.com/school-fba-behavior-plan/ https://adayinourshoes.com/iee-independent-education-evaluation/ 2. No, you do not need to wait until the ARD or annual review date for evaluations. A parent can request evaluations or changes to an IEP at any time. If they refuse you your request, they are required to provide you with a PWN. https://adayinourshoes.com/iep-prior-written-notice-pwn/ 3. Homeschooling is always an option. Weigh all the pros and cons. https://adayinourshoes.com/pros-cons-homeschooling-iep/ https://adayinourshoes.com/best-homeschool-curriculums-for-adhd-and-autism/

First, have all of the points made in this article been addressed? The Many Flaws of School FBAs and Behavior Plans That's at least your starting point. My guess is no, since he just got an IEP two weeks ago.

Here you go-- Select Choosing IEP Goals: Who Gets to Decide? Choosing IEP Goals: Who Gets to Decide?

I'm glad you asked--I love when parents are this engaged so early on. Here you go, I have a whole list of ideas, plus a webinar video is in that link: https://adayinourshoes.com/iep-kindergarten-transition/

What does he need? The IU has a lot of programs.

Ask them to show you where it says this in KS state regs.

You're right, there's not. All we can do is continue to use the tools available to us--like writing on the PWN, putting it under parent concerns, covering our tracks by taking photos and taking notes and dating things when we do them. At some point, yes, many families come to an impasse with their teams. You're going to have to decide how far you want to push this via complaint options, dispute resolution etc.

Print it, add it, sign it...and return. There is nothing in IDEA that permits them to only accept digital items.

Simple--ask them to show you where it says that in the state regs, because you cannot locate it. (I bet they can't find it either!)

Ask them to show you where the cap is listed, in state regs or IDEA.

Write on the PWN. I write on them all the time.

I would look up school avoidance or school refusal and see what the current best practices are.

You can always put the onus or burden of proof on them. Ask them, "Hey, I've looked for this information online and cannot find it. Can you show me where it says that a para cannot do this?"

Can they? Yes. Should they? Well......... Grades are subjective, not objective. I'd call for a meeting to discuss what will support your child for success.

There's also a thing called a speech only IEP. That may be appropriate. But Carolyn's answer is correct.

She addresses that specifically in the video.

Our learning and knowledge is always changing. A few months ago I did an interview with an EF expert. Bottom line--the BRIEF is garbage. Most of what we know (or knew) about EF, and what schools are doing...is garbage. Please find the time to watch this video. Implementing what she suggests is an uphill battle for sure. But why keep doing "what we've always done" just because "that's what we've always done" if it's not working? https://adayinourshoes.com/executive-functioning/

Your signature is not required to implement a 504 plan, I think. THere are also NO prerequisites like what you said--there is nothing in section 504 that says a student must self advocate in order to receive accommodations.

It's an uphill battle, but not impossible. My son receives 1:1 instruction all day, every day. This is not in his IEP, but he is in an out-of-district placement, and those are their ratios.

They can, but they have to provide that on a PWN, I believe (only if they refuse). I cannot find this at the moment (the citation) I'll look for it later.

Here's the US Dept of Ed guidance: https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201301-504.html

In addition to what Carolyn said-- An IEP cannot be removed without your consent. IEPs are NOT just for academics. IDEA and OSEP/OSERS have been very clear about this. Lots more information on my site. https://adayinourshoes.com/iep-just-for-academics/ https://adayinourshoes.com/stop-end-the-iep/

Parent training is a component of IEPs. You have to make the case that it's required in order for the child to access FAPE.

So I will try to say this gently--but Dad needs to focus on other things. What I've observed in 13 years of advocacy is this--when parents are unable to see the big picture or are overwhelmed and don't know what to focus on, they tend to pick one small black & white, concrete, tangible detail...and focus on that. The interpreter issue is black and white--either the law says they can or can't, and either the interpreter is there or they aren't. But, now, the whole focus of the dispute is the interpreter. And not FAPE. This is not a battle I would fight, and here's why. IDEA does not clearly define this. However, it is VERY hard to get someone the school invited to a meeting uninvited. And as I stated above, it changes the focus of your communication. The school could say that they have trouble understanding Dad's speaking, and that's why they want an interpreter. Any dispute resolution person (mediation or DP) will side with the school on this one, imo. The school must provide IEP information to the parent in a language that the parent can understand. There are so many other pieces to this where you have described that Dad is not being allowed 'meaningful participation' in the IEP process. That is where I would focus my energy if I were this family's advocate. Just play it forward--ok, great. The interpreter is uninvited to the meeting and doesn't come. Yay, you won. Now what? You still have described several other errors (limiting meeting time, possible predetermination) that are much bigger fish to fry.

What is the plan to get her ready for kg in this year?