Carolyn Rowlett

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.

Is the other teacher also providing special education services? I think the quickest way to get your question answered is to call your state department of education. States vary on what is accepted in terms of "certification" and in what environments.

The IDEA requires the following: The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP team to be appropriate and necessary for the child to participate in nonacademic settings. This can include transportation. The issue in your scenario is that the IEP team removed the service. You need to request a meeting to discuss this decision. The reason for removing a service cannot be because "the bus doesn't run that late." It can only be removed if the service is not necessary for the child to participate in the extra-curricular activity. That it what you need to stress - that curb-to-curb transportation is necessary for your child to participate. It is for the academic setting, so why wouldn't it be for the non-academic setting? There are other ways to provide curb-to-curb transportation such as Ubers and cabs.

I am not in PA and others on this site are, so I didn't do a thorough dive into what's required in your state, but I did find "A Parent's Guide to Response to Intervention in Pennsylvania," which appears to answer some of your questions. In that guide, it refers to parental involvement as a "key feature" in the response to intervention process. It also requires that progress monitoring be provided to the parents. Neither of these things seem to have happened in your case. It is good that you have asked for a re-evaluation in writing and to add reading (I assume this was done via email/in writing). Have they approved this yet? Have you signed for consent? You need to push for this so that the 60 days can begin. What is the school district basing their accommodations on for writing and reading? These have to be tied back to the present levels. If he needs accommodations, there could be some data in the present levels that he needs specialized instruction, as well. You state you were "permitted to view evaluations and special ed records at the district office." Is there an evaluation report? Was an IEP meeting help to go over the results? With respect to the destruction of evaluation protocols, you need to request a copy (or find on the school district's website) of their records retention policy. There is no reason why the school can't give you copies of his writing only (without the protocols). But if you continue to get pushback on this, ask for writing samples from his general education teachers or have him do something at home with a prompt from you. Additional documents I would request are results of all dyslexia screeners from Kindergarten on and all standardized testing results from K on (these may not start until 3rd grade). As far as this affecting your relationship, you now know you need to be very diligent in requesting what, if any, interventions are occurring with you son, as well as progress monitoring resulting from such interventions. You also should not rely on school staff telling you "he is fine." Ask for evaluations.

I haven't had to go through either of those processes. But a client of mine did file a state complaint and was successful in getting compensatory services through that route. If you have good facts, that might be an easier route to try first.

This doesn't sound like a due process hearing in the realm of special education. Who was the letter from?

I don't understand this "scheduling" or "calling for" a due process hearing. Did you receive any paperwork on this? The paperwork should explain why the school district is filing for due process, give you a deadline for your response, etc. It sounds like you've had an attorney before. I would consult with him/her on this matter.

I'm not in Iowa, but can tell you my experience in Missouri, which is also a one-party state. I would first look at the school board policies to see if there is anything regarding recording school meetings. Sometimes they put requirements on the right to record, such as a certain amount of notice. So it is good to send an email prior to the meeting, but make sure it gives sufficient notice if that is required. Some school districts have a policy, even if they are a one-party state, that you cannot record meetings. Although I personally feel these policies violate the law, it's not a battle you want to personally take on, so hopefully your school district allows recordings. Here in Missouri it got so bad with school districts disallowing recordings, that a non-profit disability rights group had to push for legislation specifically allowing parents to record IEP meetings (the legislation passed, fortunately!) If there is no policy and you are verbally told "no," ask them how this works since the law gives you the right to record. If you still get pushback, I would further encourage them to speak with their attorney and get a legal opinion on this issue because until you see a valid legal reason not to record in a one party state, you are going to record. And if they refuse to hold the meeting based on this, file a state complaint. Just preparing you for all possible scenarios - hopefully it won't get to the "worse case" scenario. Good luck!

What is their reasoning for this? If given a reason, ask for the written policy. Can you compromise and have you and the principal outside the classroom unbeknownst to your son? Did the school do an FBA? Sound like even if they did, it was insufficient if you think additional accommodations are still needed. Either way (now if they've done an FBA, later if they haven't and you need to request one) you could go the IEE route and the school would have to let the provider do the observation in the time and way that s/he sees fit.

Wow. This is a lot and some is outside of my expertise, but below are the things that jumped out at me: 1. I don't know Ohio specifically, but I would want each suspension to be "formal" and not "informal," so that you could build up to the 10 days needed for a manifestation hearing, which in turn might lead to additional testing and support. So when they call you to pick him up because he has been "informally suspended," I would refuse until you received something in writing that he is being "formally suspended." But again, maybe "informal suspension" is a thing in Ohio? 2. Find or ask for the school board policy on formal (and informal?) suspensions and manifestation hearings. 3. I would argue they're out of compliance regarding the IEE request, but that's a little fuzzy. Under the IDEA the school district must provide this "without unnecessary delay." I don't see anywhere where the time is suspended for summer (as it would be for a request for a school evaluation). The director of spec ed (who normally handles requests for IEE's) would likely be a year-round employee and could have started on this request. There is caselaw that three months is considered "unnecessary delay." I would really push back on this and insist they get the ball rolling with respect to the IEE. 4. Given the poor quality of the school evaluation and that they've had multiple opportunities and sufficient time to do their own evaluation (requested last December!), I would not give up my right to an IEE or delay this process. You need to reach out yourself and get on a waiting list - don't wait for the school to do this. I understand your concern with it taking "a million years," but the school district is also taking a million years and you can't trust them to not keep stalling. Plus, their evaluation will likely be insufficient, so better to wait for a good one than get a bad one and have to start all over with the IEE process. Make sure it is done in ALL areas off concern. But to answer your question, unless there is something specific in Ohio, I don't think (but am not sure) there would be any harm in letting the school district do further evaluations - as long as the IEE process continues. If it's an "either or," I would choose the IEE route because you're probably going to end up there, anyway. 5. ln terms of "proving" the 504/BIP is not enough, that's why you need to insist on FORMAL suspensions. You also need to journal all the times you are made aware of him being in the hall, in another classroom, or with an administrator, as well as "informal" suspensions. You could also revise the BIP to require data collection.

It's hard to comment without knowing the specific facts of each case (for instance, it might matter whether the private placement was by the parent or by the school), but if a parent can waive FAPE in a settlement agreement that includes a private placement, I would assume that would mean the entirety of FAPE - even the "free" part. Waiving FAPE in order to receive the services of the private school allowed the school district to use this as an argument to not cover at 100%. May not be the best result, but I can't think of a reason it would not be allowed in a situation involving a private school not subject to FAPE, and perhaps having 50% covered was the best the parents thought they could receive without spending more time and money. Unsure in Seattle (actually, Kansas City :))

Not in Pennsylvania, so others might know more. But for me, it would help to see the language in the NOREP as to what was agreed to at the meeting. Regardless, however, it looks like you were given some bad advice during the meeting from individuals who did not understand the entire process or know all the facts in your case. Under the board policy, you appear to be out of luck. My suggestions are: 1. Ask for all policies regarding ability to transfer schools. There might be some other way to request a transfer. 2. Write a letter to the superintendent and school board members pleading your case. Since you don't have any policy or legal ground to stand on, appeal to their emotions to make an exception. However, there are a couple of legal issues you could allude to (but I would start out nice and not demanding in this initial letter/email). State how this would affect your son and his ability to access his education (he would be so traumatized he wouldn't be able to focus and learn - I would even suggest getting a letter from a psychologist/psychiatrist stating the environment would making learning difficult, if not impossible, and attach the letter). Hopefully they could connect the dots that they would be denying FAPE. Another legal angle would be adding something like "it would be be devastating to my son physically, mentally, and emotionally if another attack were to occur." Hopefully they could connect the dots in terms of their liability if an attack occurred and they were on notice of the previous one. 3. If they insist on knowing the other boy's name, keep in mind that the school district is required to keep this confidential.

I may have missed something, but when did the "compensatory reading" come into play? Also, I may not be following all the timelines, but if it's been one year since the school evaluation in academics, ask for one. If denied (or if given and you disagree), ask for another IEE. You mentioned when summer instruction starts. I don't think you'll likely be able to get a private evaluation in time for it to make a difference this summer. I would just wait out the year so you don't have to pay. But, of course, that's totally up to you. I'm a little confused about the "specific OG reading evaluation." That isn't a thing in special education, so it must be something used for their general education intervention. Make sure you understand the difference. Reach out and ask for the policy, steps, qualifications, etc., for the "specific OG reading evaluation." I don't understand how they're tying that to "compensatory reading for the summer." Compensatory minutes are minutes missed in the special education setting.

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.

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.