Carolyn Rowlett

Has he been found eligible in autism only? Any other categories of eligibility, such as anxiety or SLD? Based on the information provided in your post (not knowing if other disabilities are relevant - it's doubtful that "below average" scores in math, writing, and reading would be enough for eligibility), it sounds like any accommodation for providing below grade level material and a slower pace will need to be tied to his autism. So focus on that. Point out that the faster pace and above his level instruction it too much for him to be able to access FAPE because he shuts down, starts having behavioral issues, and therefore is missing instruction and learning. If the school "isn't seeing this," ask the aide/teacher to start documenting when this occurs. If they refuse, you may need to ask for an FBA if all else fails. One question: Why isn't the 1:1 aide taking care of this issue? Seems like this could at least partially be addressed this way.

You could try the COPAA website. There is also "Yellow Pages for Kids" on the Wright's Law website (unfortunately, that site is not updated very often and even deceased advocates could be on there). If no one responds and you can't find anyone, I give a free hour consultation and might be able to at least point him in the right direction (816-547-5467). Or you could post on here with more facts such as what evaluations have been done, what disabilities does the student have, what are the goals in his IEP, what data is there to warrant private placement (behavior is still affecting his or other students' right to FAPE after accommodations have been implemented with fidelity, etc.), has an FBA been done and is a BIP in place? It is being followed? He will have to show things have been tried and nothing in the current environment is working. He will also have to show that his son is being denied access to his education without this placement.

I will preface this with the fact that I am not in Pennsylvania (although in general, my expertise is dyslexia), but I know of many others on this site who are in PA and may have better info. However, I did some cursory research and here are my responses based on my limited knowledge of PA law and my knowledge of special education law in general: 1. It appears that it the current law in PA requires school district to provide parents the results of literacy screenings, but I would assume it was at least the expectation 6 or 7 years ago. Those early results would be helpful in making a "child find" complaint and arguing something should have been done years ago. If the deficits in phonemic and phonological awareness and decoding are, as you state, still there, has he been given a special education evaluation in the area of academics? If so, what were the reasons for denying eligibility? If not, I would request one so that you have clear evidence of this gap in underlying skills which would hopefully lead to eligibility in reading (and perhaps writing) and the receipt of specialized instruction. 2. If he was being progress monitored, that means he was in tiered intervention, correct? If so, yes, you should have received the results of his progress monitoring pursuant to any interventions he was in. 3. If you are referring to "old" data from 1st and 2nd grade, this data is good for making a complaint that the school district violated "child find" (see #1 above). It is also data, as you point out, that he has had a history of reading struggles. However, you may need some recent data to get an evaluation. If they are denying your request for an evaluation in the area of academics, could you ask them to do a brief screener in phonological awareness and phonics to see if deficits show up in underlying skills that would warrant an evaluation? That's a reasonable request and it's easy to do. If they won't, could your pediatrician do one? Another option is to request an IEE because the school district didn't evaluate in all areas of suspected disabilities during the last evaluation. This could prompt them to do their own.

I have a few questions. If you have had 3 school evaluations/re-evaluations that included the WIAT and KTEA, these must have been in response to a request for a special education evaluation, correct? If so, did the school district hold a Review of Existing Data meeting prior to your consent to the evaluations? Once the evaluations were complete, did the school district hold an evaluation/eligibility meeting to go over the results and did you receive a copy of the final evaluation after the meeting with a PWN stating that your son was denied eligibility? This is all required (although sometimes school districts get by with reviewing existing data without a meeting, but you should have received a document entitled Review of Existing Data that showed what areas the school district determined needed additional data). The reason I ask these questions is because the evaluation/eligibility meeting should have been the time to have your questions answered and show you any of your son's answers you were curious about. The school district has 60 days from the time you consented to the evaluation to hold this meeting. And an Evaluation Report should have been provided to you with a detailed summary of the report (minus test protocols). You should not have had to do a FERPA request. The federal law I would be holding them to is not the law surrounding FERPA but rather the law surrounding special education evaluations. To answer your questions: 1. The school may be being difficult, but if they are allowing you one hour to review and another time if an hour is not enough, there is nothing in the law you can point to to make them do more than that. They're not really limiting your time as much as they are (supposedly, but you can't prove otherwise) working around schedules and breaking up your time into two or more sessions. 2. As stated above, I would be looking at this through special education law rather than FERPA. They should have held an eligibility meeting within 60 days of the evaluation with the school psychologist present to answer all your questions (so another 45 days for FERPA wouldn't apply), and there is no requirement that they receive your questions ahead of time. 3. When you have the eligibility meeting (long overdue, so reach out soon about this), yes, you could take a magnifying glass. A better option (and one that would maybe make them provide materials in a readable format) would be to have the school psychologist tell you during the meeting what each protocol says that you can't read. Bottom line: You are entitled to see all protocols at the eligibility meeting. You do not have to delineate which ones and which ones you have trouble reading. You also do not have to provide questions ahead of time. There will be questions that come up as the evaluation is explained to you during the meeting, which is one of the main reasons for having the meeting - the evaluation is explained to you, then you ask questions based on that explanation. How would you know what questions to ask until you receive the (legally required) explanation of the evaluation?

Regarding your first paragraph, goals should not include accommodations for the skills you are working to master. The accommodations are for the general education setting to allow the student to access FAPE while the student is mastering the skill in the special education setting. The goal should be written and measured without accommodations. However, if every student is allowed the accommodations, the school district might push back. In that case, I would suggest looking at your state standards (on your department of education website) to see if he has met them and use that argument. Also, why was the goal to address writing without using autocorrect agreed to but never added? Did you send an email? What was the response? You may need to go up the chain up command to address this (director of special education). If they still refuse, ask for a PWN on that since it was agreed to in a team meeting but never added. Regarding your second paragraph, you need to get any accommodations he is using or needs (autocorrect) documented in the IEP. Unless, as I state above, every student is allowed access to them (in that case, they are not accommodations and do not need to be put in the IEP). Also regarding second paragraph... Is he only receiving specialized instruction for written expression? In other words, he was not found eligible in reading? If phonemic awareness and segmenting are still deficits in 8th grade, it sounds like he could be found eligible - especially if your state allows the discrepancy method and he has a high IQ. Depending on when the last evaluation was done, I would request an academic evaluation that delves down into those subtests, because you are correct: A highly intelligent student with dyslexia or dyslexic tendencies is going to appear "okay" due to his abilities to memorize and figure out words from context. But it will eventually catch up with him in the higher grades when he encounters words and subjects he has never come across before. What state are you in and does your state have any dyslexia screening requirements/laws? It might behoove you to obtain a dyslexia diagnosis to help with the accommodations needed for Spanish. With respect to the Spanish class issue, it is highly recommended that students with dyslexia do not take a foreign language - if you are dyslexia in English, you are dyslexic in all languages. (That accommodation would likely require an outside diagnosis.) I understand that sometimes these students want to try and do enjoy foreign language classes, but it is something to think about in terms of taking another one if you are unsuccessful in obtaining needed accommodations. When the school says something like "in general, spelling SDIs are not applied in Spanish...," ask where it says that. I don't like the "addressed on a case-by-case basis" for the extended writing assignments. You need something specific in the IEP such as "if writing requires two or more sentences, student is allowed the accommodation of xyz." To answer (or try to) your questions: 1. I completely agree with you questioning their logic. Spelling (especially for students with dyslexia) is an integral part of learning how to READ the English language, among other things. Regardless, I would make them show you (not just a statement "in general, spelling SDIs are not applied in Spanish") what they are basing this distinction on. 2. There can be reasons why certain accommodations should not apply in certain classes. However, as I state above, I would make them show you why Spanish class should be treated differently. Remember, when you are making your arguments, attach them to the standard of being able to "access the educational environment" to show a need for accommodations. If his disability of dysgraphia puts him on an uneven playing field with his peers, he need accommodations for this - even in Spanish. 3. I am not very familiar with what accommodations students usually have for foreign languages because I advise my clients not to have their student take these classes. But my thought is that it should be the same as they have for English class - again, if you are dyslexia (or have dysgraphia) in English, you have it in all languages. Similar to if you need a wheelchair to access school in America, you need one to access school in Spain. The disability doesn't go away based on location or language. One accommodation I would suggest is alternative ways to show he understands what word should be used besides spelling it correctly - oral responses, etc., that show he understands the meaning of the word even if he spells it incorrectly. 4. Yes, based on what I have stated above in terms of the disability being present regardless of language, class, etc. If the school does not appear supportive, ask for a re-evaluation in the area of academics (you are entitled to one every year). If you don't agree with the school eval, then request an IEE.

I agree with JDS that school districts don't have to (and often can't) be held to the requirements set forth on the Wilson website. I also agree that 90 minutes in one session is too much for a third grader (I have tutored 3rd graders 1:1 in OG-based instruction). What school districts do have to be held to is progress. And it doesn't matter what program is being used - if sufficient progress is not happening, something needs to change, whether that be the program, number of minutes, ratio of students, teacher training, etc. As JDS stated, progress monitoring is the same for whatever instruction the school is using. In very general terms: 1. For accuracy, you want to see progress toward her reading on grade level with 95% accuracy. 2. For fluency, you want to see progress toward her reading 112 words correct per minutes on a third grade passage (Hasbrouck & Tindal Compiled ORF Norms). 3. For comprehension, you want to see progress toward her answering 4 of our 5 comprehension questions after reading a third grade passage. A question for MBM. When you say you "prefer OG over Wilson," what do you mean? OG is not a program, per say, but a teaching approach. And Wilson is based in OG. As far as mastery of skills, I completely agree with you that 70/80% is too low (95% is the lowest I accept on a goal for reading skills, except for comprehension; if there are only 5 comprehension questions, I accept 90% as a goal). However, the goal should not be dictated by the program. The goal should be dictated by the IEP team, regardless of whatever program the school is using suggests.

I agree with Lisa regarding the use of a calculator. Many people need a calculator in their daily lives, and the vast majority use it whether they actually "need" it or not. With her being in high school, at this point you are readying her for life beyond high school, which for her may be life with a calculator. Having said that, it is important that she know the concepts behind math calculation problems (as opposed to just rote memory). For instance, that 24 is 4 groups of 6 or 2 groups of 12 or 3 groups of 8. I'm a little confused as to why no data is available because of distance learning. Believe me, I understand the difficulty with distance learning, but isn't there a way to work with her remotely and verbally ask her her multiplication facts (i.e., flash cards)? Or have her complete a worksheet that she holds up and shows you? I assume she is getting specialized instruction minutes in math pursuant to her IEP, so can't data be collected during those sessions?

1. If you don't think check-in's for breaks are occurring, I would suggest having them scheduled (every one or two hours, whatever you think is best). A teacher with 25 kids actually may not see his fatigue (I'm not excusing this; just looking at it from a practical standpoint.) I would say ask the teacher during the meeting, but my guess is you will not get an accurate response. 2. A self-advocacy goal would look something like "student will recognize when he is fatigued and request a break 3 out of 4 times..." One could also be written for asking for help, etc. 3. You may need to request an IEE in order to get services other than academic. Make sure that the school re-evaluation is covering social/emotional. If they refuse, you can still request an IEE based on the fact that the school had the opportunity but did not test in all areas of concern.

What are his categories of eligibility? For what areas are there goals? Has a re-evaluation been done for the three year re-evaluation meeting, or is this just for a review of existing data? This will help us better formulate a response to your question. But for now, I would offer the following suggestions: 1. If he has an accommodation for a break, make sure it doesn't read or can be interpreted that the student has to ask for the break. Most 8-year-olds don't have this self-advocacy skill and especially depending on what the disability is, shouldn't be expected to have this skill yet. So make sure the "break" accommodation is either scheduled breaks that the teacher has to abide by or that the teacher must prompt the break if s/he sees dysregulation (but this may not work if your son doesn't show signs of dysregulation at school). 2. In the meantime until he has the skill, self-advocacy should be a goal he is working towards (again, this could be dependent on the disability). 2. Unless already done, request a re-evaluation in the area of social/emotional. These usually have questionnaires that parents complete (and sometimes even students - not sure of the age for these). That way you can get "into the record" your concerns and his. 3. If the re-evaluation doesn't move the school toward additional goals and accommodations, ask for an Independent Educational Evaluation. 4. Depending on the severity of the "unkindness" toward your son, you should probably report these incidents to the principal. 5. If he's getting "a lot of answers wrong," this is something to point to show that there are issues at school even if he's not acting out.

The school, as his in loco parentis, has the obligation to change his diaper. They are not considered "strangers" in this situation. But I would contact your state department of education to see what type of certification and/or training is required for this and make sure the staff member(s) have that. Not changing the diaper of a child who needs his diaper changed would be considered neglect on the part of the school district. Parents cannot be and should not be responsible for this. Because you have expressed concerns over touching his private parts, I think the scenario JSD was perhaps referring to was one in which the changing of the diaper revealed soiled private parts which if not cared for could be considered neglect; i.e., in that case, they can probably touch his private parts without your permission, as the school is the acting parent in this scenario. This isn't meant to be rude - just telling you what the school protocol might in that situation. It isn't a black-and-white answer - it could depend on the circumstances. Again, I would suggest consulting with an attorney, as this site does not provide legal advice. If you have concerns about how this medical need is handled, you should absolutely request an IEP meeting and ask your questions of the team and staff in charge of this. If more specifics need to be written into the IEP or a health plan, ask for those. I think your questions have been addressed to the best of our ability and qualifications. Can the school change his diaper? Yes. Can they touch his private parts? Not unless medical necessity comes into play. If you have further questions, let us know.

I would call the Pennsylvania Department of Education and ask if this is ok. Many requirements for teachers have been modified to address the staffing shortage. But regardless if this is ok or not, the IEP MUST be followed. There is no excuse for not doing this. I would first go over all the accommodations with your son to see which ones are being followed (and if not being followed, does he still need them?). Then I would gather information as to how this failure to follow the IEP is affecting your son in the educational environment - is he getting low grades? is he struggling to turn in assignments, keep up with homework, etc.? is he frustrated or does he "hate" school? are his standardized test scores going down? Then request an IEP meeting (ask that every teacher attend, but you probably won't get that) and ask how accommodations are being implemented and outline the struggles he is having based on not following the IEP. For teachers who are not at the meeting, ask them in an email or phone call or informal meeting (during the latter two taking meticulous notes and following up with an email as to what was said). If you continue to have issues with implementation of the IEP, contact the director of special education. Next step would be filing a state complaint.

Boy, this is beyond my wheelhouse, so hopefully others will chime in. But her are my thoughts as to the question in your first sentence - thoughts only. Please know that this is not legal advice and that you should probably contact an attorney. I can't imagine a scenario in which a child's right to special education would override safety protocol, which is in place for all students. A school has to take threats seriously even IF they are a manifestation of a disability. Also, some actions taken may be out of their control, such as what happens to him from a criminal standpoint. Knowing what your son's rights are in terms of his disability in a criminal setting is something that should be discussed with an attorney. HOWEVER, the school is still responsible for correct implementation of the BIP. The fact that they missed warning signs should be immediately be addressed. When you say the school "still wants him punished," I'm assuming you mean in the school setting. I believe they would have that right up until he was suspended/removed from the educational environment for 10 cumulative days. If the MDR then found that his disabilities were the cause of his behavior, he could not be suspended beyond those 10 days and a new functional behavior assessment and BIP might be in order. Again, not my wheelhouse and hopefully others will chime in. Also, I highly suggest speaking with an attorney regarding the criminal proceedings and your son's rights in that area.

First, always keep in mind that budget cuts, financial constraints, etc., should never be a factor in deciding whether or not a child needs specific services. The team determines needs based on data and then figures out how to meet those needs (sometimes has to think outside the box). From a practical standpoint, yes, you may need to give the school district some grace in figuring out how to provide services if finances are an issue. But bottom line, as Lisa would say, "That's not your problem." Does she have an IEP? If not, that's your first step. I would suggest that before this school year ends you reach out to the kindergarten principal and request a special education evaluation. This will be conducted at the beginning of the next school year. If she does have an IEP, request a transition meeting with the pre-school and new grade school teams towards the end of this school year to talk about her transitioning to a new school - specifically going from a 7:3 ration to 20 (or more):1 and what her needs will be. Also ask about the expectations of Kindergarten. If there are some she cannot meet, discuss what services need to be in place for her to access FAPE. If it will have been a year since her last evaluation, I would also request a re-evaluation once school starts next fall. You might also request a Functional Behavior Analysis (FBA) to determine the why's and when's to her elopement so that can be addressed in a Behavioral Intervention Plan (BIP).

I would first reach out to the West Virginia Department of Education and ask what the requirements are in this situation in terms of certification and student/teacher ratio. I would also request an IEP meeting to discuss what is occurring and things that might need to be tweaked in the IEP document. You could request an FBA to pinpoint what the school is doing or not doing to trigger the behavior. Of course, the school FBA probably won't find anything wrong with what the school is doing, so then you can request an IEE. An independent evaluator could suggest things the school should be doing (or not doing). Finally, you might want to loop in the director of special education so that he/she knows what's happening.

The first thing that jumps out at me throughout your post is that so many of your conversations were over the phone. Keep in mind the following: If it's not written down, it didn't happen. Try to avoid having phone conversations. And if you do have a phone conversation, keep good notes, then send a email with those notes to the person you spoke with stating "this is what we discussed in our conversation on such-and such a date." Especially include anything the school district (by way of the person you spoke with) agreed to do or refused to do. Second, no, your daughter does NOT need to change classes in order to receive an IEP evaluation. That's just plain ridiculous and wrong. If their reasoning behind this is that she has to have an intervention first (as you state above), that is also completely wrong. My advice going forward: 1. Email (EVERY request should be in writing from this point forward) the director of special education requesting a special education evaluation and explaining the roadblock you encountered at the building (school) level of the need for intervention and changing classes (which you have researched and discovered is incorrect). 2. Include in the above request anything that would support the need for an evaluation (anxiety diagnosis; standardized testing, screenings, assessments showing low academic, reading skills/level; comments/emails from teachers that she is struggling (even going back to grade school); the email from the counselor stating that she may have a specific learning disability; etc. 3. Request an evaluation in the following areas: Intellectual/Cognitive (this may be denied if they already have an IQ test on file, as those results do not change much); Social/Emotional/Behavior (to address the anxiety); Academic Achievement (to address the possibility of a specific learning disability). 4. Request from the principal the following documents: all standardized test and screening results; all progress monitoring results from any interventions (even going back to grade school); all 504 evaluations (even if they were "lost," you need something in writing to that effect); a Prior Written Notice that the special education evaluation is being denied because of no intervention (if they are refusing to do an evaluation because you won't switch classes, you are entitled to a Prior Written Notice stating this). 5. If you ever hit a "wall" with anyone, please remember that everyone you deal with has someone in the district they report to. If you can't get anywhere with the principal, find out who the principal's supervisor is and email him/her. Keep going up the chain of command.