Lisa Lightner

Yes, I'm a firm believer of "all ships in the harbor rise together" and that by all of us advocating, we can change the course. The other option is your state complaint process, or OCR, or the other complaint options.

Every time someone posts for the first time....you will have to be approved. Subsequent posts should go through without approval. But, if you post a link...sometimes it gets held. If you're a frequent poster, it shouldn't. But bots gonna bot...and they don't always get it right.

This isn't going to be something you'll find defined anywhere. Sure, psychologists, neuropsychologists and the like will all have their opinions. And, there are always the assessment protocols which may not be being followed. But keep it focused on your son. How is this affecting him? Is it affecting him? How? How is it affecting his education? Do you agree with the assessments or the evaluation reports? If not, time to consider an IEE. https://adayinourshoes.com/iee-independent-education-evaluation/

My online training is four components in one-- Parent Advocacy Training Pro Advocacy Training Deep Dives into IEP topics includes IEP toolkit I need to work harder at better messaging, but I'm an advocate....not a marketer! I've been trying to message it differently--because I want people to realize that it's for both parent advocates and pro advocates--it just matters which components you do. The parent advocate may never do the pro modules, but they will always have access to them. The world needs more advocates, so I want everyone to have access if they should ever decide to change careers. And, for the pro advocates, I don't want them to think "well, I'm already working, so I don't need this." Because the pro advocates get 3 live attorney chats every fall and spring--so that alone makes it worth it. Hope this helps, let me know if you have any other questions.

We just testing the security settings, pay no attention to us!

I'm confused as to the timelines you have listed. Using either 3/14 or 3/16, barely a week has passed. Each state has their own set of timelines. A state can do more than what IEP calls for (in favor of the student) but it cannot do less. In most cases, IDEA does not even define timelines but uses vague language like "reasonable." Most would find 5-7 days still reasonable.

Read this and listen to the attorney podcast episode (embedded) about unilateral placement. It's an extreme measure, but sometimes desperate times call for desperate measures. Esp if you have data on your side. https://adayinourshoes.com/iep-unilateral-placement/

This should help--but read the whole thing, esp the part about a FERPA request may be considered a hostile act. https://adayinourshoes.com/ferpa-regulations/

Yes, my overarching philosophy is that "if you're doing it, put it in the IEP." The IEP is the only way we can hold the team accountable to things actually happening. If it doesn't happen, a "but you said in the meeting you would do this" 6 or 8 months later....is meaningless. I either write on the PWN and send it back, or otherwise communicate that I expect to see this on the IEP or PWN.

Hospital and homebound are the most restrictive environments. But, some kids need that. If the student has major behaviors at home, I am assuming that in a public school setting with noise, commotion, transitions and distractions...it would likely be worse? Or that is the parents' concern? An out of district placement in a small setting, yes, that is an option. The IEP teams (or LEA) can come to the table at any time and change their offer of FAPE, which may or may not include a placement change. I would advise that the parents take a step back, take a look at their child, and envision a setting in which the child can be successful. What does that look like? And then begin their advocacy efforts to steer toward an IEP that provides that.

To piggy back on what Carolyn said, the school is required to evaluate in all areas of suspected disability. Sounds like that did not happen. https://adayinourshoes.com/iep-timeline-how-long-does-the-school-have-to/ https://adayinourshoes.com/iee-independent-education-evaluation/ You can also read up on OCR complaints for not following a 504 plan. https://adayinourshoes.com/office-civil-rights-complaint-special-education/

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.