Carolyn Rowlett

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.

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.

Also include phonics for reading as that is different from phonological awareness. For writing, I think you've covered all the bases. I would look at your state standards to see where he should be at his grade level for writing and state you are concerned he is not meeting those state standards. I don't know if you'll be able to get anything for "handwriting fluency." I think that this would be more of a fine motor skill and by the time a child is in middle school, it's past the time where it can be corrected other than practicing. I'm guessing he has accommodations such as speech-to-text or typing? I know you eventually want him to be able to write without accommodations, but "handwriting" without accommodations may be a losing battle. In general, keep in mind that it's the school's obligation to evaluate in all areas of suspected disabilities - not yours. If they don't evaluated in an area that should have been, you would be entitled to request this in an IEE - they don't get a "do-over" if their evaluation isn't sufficient the first time. Auditory processing disorder is something I would advise pursuing privately. Most insurance covers this, as well as the therapy. However, his IQ test may have shown low processing, which you can use for the time being as a reason for accommodations - extending time to process/respond, etc.

Yes, the school will want to do their own re-evaluation BUT if you don't agree with their results, THEN you can ask for an IEE. So start the process of requesting a re-evaluation as soon as possible. (I would ask for it not only in the areas which have been removed, but also in the areas which are still in the IEP unless you are comfortable with the data in those areas, if any.) Unfortunately, the IDEA doesn't define a time by which re-evaluations have to be done. But since the director of spec ed probably works during the summer months, you can include her on your email request to make sure someone sees it. Then follow up when school starts. I would push hard for this to be done ASAP given that they removed services without data. You will be required to sign a permission form before the re-evaluation can start, so ask for that on a weekly, then daily, basis until you receive it. Although the IDEA does not define the timeline, the default is usually "withing a reasonable time," which has been defined to mean 60 days - similar to the initial evaluation.

Hi AM. I will attempt to answer the questions I can in the order you presented them. To be safe, I would wait until after the meeting is held to go over the results of the school's reevaluation. It would be a difficult to argue you disagree with the evaluation (necessary to request an IEE) if you haven't seen it or received an explanation of the results. The amount of time in which an IEE is done is on the school - not you. However, you should keep an eye on the timeframe. Most states define it as "within a reasonable time," which has been interpreted as 60 days (similar to the school evaluation requirement). If it starts going beyond 60 days, I would reach out to the school and inquire as to timing. I'm not completely sure about the Due Process timeline for denying an IEE and how it's affected by summer break. In my state, Due Process complaints and resulting timelines continue throughout the summer. You could call your state department of education and ask. You can always decide to withdraw your request for an IEE. Unfortunately, there is no criteria on when a school district must accept the results of a private evaluation. Legally, they are only required to "consider" such results. That's why IEEs are so important - to "break the tie" between the differing reports in the hopes that the school district will reconsider their refusal of a secondary category. At the very least, it will hopefully get the needs listed in the present levels and then the IEP has to address those needs regardless of whether he is found eligible in a particular category.

I'm not in PA, so hopefully others with chime in regarding PA specifically. In general, I would look at the language of the goal - does it say anything about writing independently? Of course, even if it doesn't, that's the assumption - that supports are put in place in the gen ed setting UNTIL the goal can be met independently without support. When you say "at two previous IEP meetings, school staff agreed to add a goal for on-demand writing," etc., why didn't that happen after the meeting(s) in which it was agreed upon? With respect to the executive functioning goal, it would be necessary to also look at the language of this goal - was it only about checking his work? If there was more, then the goal wasn't met. To answer your question about data versus meeting a goal, they are intertwined. It IS based on whether or not the goal is met (although a different goal may be needed, i.e., if he met a sentence-writing goal, he needs to more on to a paragraph goal), BUT the only way to tell if a goal is met is with DATA. Have you been receiving quarterly progress monitoring reports? The annual IEP can't just "show" he met his writing goal without data in the present levels. Here are my suggestions: 1. In response to the PWN/NOREP, because it should be set forth on this document why a goal was removed, I would definitely request an explanation, but more importantly, the data behind the explanation. Also cite the previous meetings in which a goal and data were agreed upon but never added. 2. Since you are entitled to an evaluation every year, I would request one in the areas which have been removed - writing, executive functioning, and social skills. They have to have data before they can remove these, and it sounds like they don't have it. So request an evaluation.

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.