Carolyn Rowlett

A diagnosis in and of itself does not qualify a student for a 504. The data must show that the disability impacts the student's ability to receive an education. Think about why you want a 504. Does the disability slow down the student's reading and thus they need extended time or text-to-speech? Does the disability mean the student is spending more time on homework than their peers, so the accommodation for "no more than 1 and 1/2 times spent on homework than peers" is needed? Does the disability affect the student's written responses, so that additional time is needed or oral responses excepted? You've got to be able to show why the disability is affecting the ability to receive FAPE in the same manner as peers and base the request for a 504 and accommodations on that. Also, Emily is correct that you need to think of 504's and IEP's as distinct items. With respect to the IEP and the school district not finding eligibility when a discrepancy exists, I'd file a state complaint or go to due process. Unless I'm missing something here because it's in PA... You state there is a discrepancy and school district uses the discrepancy model, so what's their issue??

Let me preface that these suggestions for goals and accommodations are without knowing what your child's evaluation/present levels show and without seeing a copy of her IEP. In other words, some may not be applicable and will need to be tweaked. I suggest that if you do not have a recent school evaluation, that you request one (to confirm that she is "doing well," as they state.) You can request a school evaluation once a year. If you do not agree with the school's evaluation (you don't think she's doing as well as their evaluation shows), request an IEE (Independent Educational Evaluation). You do not have to give a reason other than "I do not agree with the school's evaluation," and the school must agree to the IEE at no expense to you or else must take you to due process. I will first address the specific issue regarding the states and capitals. You can ask for modifications to this assignment/assessment; for example, she is only responsible for 1/2 of the states (or more or less) and only the capital of the state she lives in (I would STRONGLY request she not be made to know the spelling of any other capitals - maybe just be given credit if she KNOWS it and can either state it in a verbal assessment or get close enough spelling-wise for it to be ascertained by the teacher). The states chosen could be based on those that follow spelling rules (which is a lot, because any vowel can make the schwa sound) - Alabama, Alaska, California, Delaware, Florida, Idaho, Iowa, Kansas, Kentucky, Minnesota, Mississippi (although in these last two the double consonants don't really follow a rule, so could be skipped), Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota (although the "k" is irregular), Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. (This is assuming she has been taught all the spelling rules.) The list should also include the state she lives in regardless of whether it follows the spelling rules. An accommodation you could ask for is that she be allowed to take multiple assessments; in other words, she is tested over 1/3 of the states one day, 1/3 another day, and the remaining states on a different day. (If they insist on capitals, as well, ask for the modification set forth earlier - either she be allowed to state the capitals verbally or get "close enough" on spelling.) As for goals, again, without knowing her specific present levels, it is difficult to help you with exact wording, but what you want addressed for her reading is accuracy, fluency, and comprehension - in that order. You need to start with the lowest grade level at which she is not yet at 95% accuracy (the recommended accuracy rate for an independent reading level). If she has 95% accuracy at a fifth grade reading level but not sixth grade yet, make sure her fluency is at a fifth grade level (download the Hasbrouck & Tindal chart to see what this is), as well as comprehension (should be at least 90%). If she has met all three for 5th grade, move on to a sixth grade level (if not, write goals for fluency and comprehension at a 5th grade level) - start with accuracy, then fluency, then comprehension - and then move on to 7th grade, etc. Suggested wording below: By the end of the IEP year, student will read a (5th grade?) passage at 95% accuracy on 4 out of 5 data collection days. By the end of the IEP year, student will read a (5th grade?) passage at 119 words correct per minute (*this is the 25 percentile for end of 5th grade in the chart referenced above - team will decide actual number) on 4 out of 5 data collection days. By the end of the IEP year, student will answer 4 out of 5 comprehension questions after reading a (5th grade?) passage on 4 out of 5 collection days. Common accommodations for dyslexia include: 1) Do not require student to read aloud in class unless volunteers or is given passage ahead of time; 2) Do not require student to take notes or copy from the board - provide teacher notes before and/or after class (or allow to tape record lectures); 3) Allow speech-to-text and text-to-speech for assessments and assignments; 4) Allow extended time on class and standardized assessments; 5) Allow extended time on assignments (two days is common); 6) Do not require student to spend more than 1 and 1/2 times on homework that her peers do (one way to reduce homework is to state "once mastery is shown" - in other words, don't have her do extra problems when she has shown that she understands a concept); 6) Do not penalize for grammar, spelling, or punctuation, unless that area is being assessed. Hope this helps! Carolyn

Hello! This is my area of expertise! I have lots of ideas, but wanted to respond now to let you know you'll be hearing back from me. I need some time to pull some things together for you. In the meantime, can you let me know what state you are in? Thank you, Carolyn Rowlett

I just realized I still may not have answered your question. If the data shows the need for a 504 or an IEP, then no, RTI cannot replace this and does not eliminate the need for either.

I am not in PA, so only responding from a general IDEA and 504 standpoints. Emily is correct that a school district cannot use RTI to delay evaluations for either a 504 Plan of an IEP. However, you may be asking if the school district can deny a 504 or IEP even after it does its own evaluation when the student has a diagnosis of something like dyslexia. With respect to an IEP, the answer is "yes." A school district can deny an IEP even to a student with a diagnosed disability. The key to qualifying for special education services is what the data (present levels) shows - not a diagnosis. A student with a diagnosis of dyslexia may not have low enough scores to quality. Qualifying for a 504 is less stringent. A disability is required, but that disability must impact the student's ability to receive an education. A disability is defined as a condition that impacts a basic life activity and included physical, emotional, and cognitive disabilities. However, as with an IEP, having a diagnosis is not a slam dunk. The disability must be impacting FAPE.

Unfortunately, I know of at least one state that has made a determination (after a state complaint was filed regarding this issue) that school districts do not have to "copy and paste" parent concern letters into an IEP document. So you may not get your exact wording in the document. HOWEVER, the school district DOES have to put all your parent concerns (that are related to the IEP) in the document whether by way of copying and pasting or paraphrasing your words. If they do not, ask for the refusal in a PWN. If they refuse the PWN, file a state complaint.

That is NOT an acceptable option and it is NOT their only one - it's the only one that is "convenient" for them. But it's not about the school district's convenience - it's about what the needs of the child are, and it sounds like you have ample data/evidence (the pediatrician's letter) that he shouldn't be on a bus this long. I don't know what state you're in and you can check your state department of education's website and/or call them, but when a child with an IEP changes districts, the new district usually has to either accept or reject the evaluation from the previous school district. If they accept it, they will need to follow the "old" IEP. So ask them point blank what in the IEP document they are unable to provide within a 30 minute bus ride. Then brainstorm with the team ways to provide those services within a 30 minute bus ride. Sometimes when you make them come up with specifics, they can't. They just want to bus the child off somewhere. If the school district rejects the previous school district's evaluation, then they have to do their own and come up with a new IEP document. In the meantime, the "old" IEP stays in place and the new school district has to provide comparable services until a new one can be put in place. If the school district insists on busing him, you need to decide if you want to do that temporarily until the issue is resolved. If you do, ask the aid EVERY DAY how he did. I would even ask to view the video footage from the bus every day. By doing these things you are collecting data to show the school district that the 60 minute bus ride is not good for him. However, I'm guessing since your pediatrician said it could affect his health, that you don't even want to try this option. In that case, you may need to pursue options in your procedural safeguards. I don't usually recommend jumping to due process, but this is very time sensitive and needs to be addressed immediately - if he doesn't take the 60 minute bus ride and the school district doesn't offer an alternative, he will be without FAPE daily. I would actually do four things at once: 1) Request another meeting and have your pediatrician attend. (You may have to pay for her time there, so make sure she can provide her advice/opinion at the beginning of the meeting and then leave.) 2) Ask for an IEE (Independent Educational Evaluation). I don't know if this is possible, but the best thing would be if the provider could actually ride with your son and observe his reactions to long bus/car rides. 3) File a state complaint (although those tend to drag through the system way too long). 4) File for due process. Normally, you would be advised to hire an attorney for this, but it seems to me to be a pretty slam dunk issue that you could handle on your own with your pediatrician there. Also ask for compensatory services for any time he was without FAPE because he couldn't do the 60 minute bus ride.

I would take what they've offered so that you can get the accommodations. Software issues can take a while to resolve IF they even feel the need to do so. If they attach the accommodations to the IEP document and they are referenced in the IEP document, you should be fine.

I think you should definitely address this. My main concern would be the elopement risk. Now that she is in gen ed for more than one hour, are they addressing this issue in the new environment? It's one thing for a general education teacher to make sure an elopement risk student is safe for one hour; it's a whole other thing when it's six or so hours. (And what about lunch and recess and specials? I'm gong to assume those have been taken care of in the IEP...) I wouldn't want to wait until the scheduled IEP meeting in September (unless it's scheduled for early in the month). You need some assurances immediately about her safety. I would approach the subject (and a request for a meeting ASAP) in the same manner that you worded this post. How much you like all the teachers, are happy she's can be in gen ed more, but due to past experiences, you are fearful this will not last and want to make sure the teacher is prepared for the possibility of elopement. You also want to request that you be notified of any placement changes in the future prior to implementation - just so it can be discussed with you ahead of time. Stress the safety issue - schools shouldn't think a parent is "crazy" for wanting to make sure their child is safe. Soft language can be used now. But if that doesn't work, I am happy to draft some stronger language for you!

I will let others in PA respond with specifics in that state, but in general (federal law), 504's can NEVER be based on convenience if it's been proven the child has a disability and needs the accommodations.

I am not in Arizona, but I would add that it is a good idea to meet with each of your child's individual teachers as soon as you can in the school year (even a phone call would work) to discuss the accommodations and see if they have any questions. That way you bring the accommodations to their attention and you're on their radar as a parent who expects the IEP to be followed. If you discover later during the school year that the accommodations are not being followed, reach out to the director of special education first so that he/she can have a discussion with the errant teacher(s). If that doesn't work, you could file a state complaint to hold the school district accountable (as a last resort).

This is absolutely NOT an immature request for a first grader. I would request a dysgraphia evaluation immediately. If you wait too long, then the school district argues that "the habits are too ingrained and can't be remedied at this point." However, since dysgraphia is not as well researched as dyslexia and dyscalculia, it is doubtful the school district will first, do a decent evaluation and second, offer the services he really needs for this. So you may be looking at requesting an Independent Educational Evaluation (IEE) from a provider who is more familiar with this area and can make recommendations.

My first question would be what would the training be for/what was the training for in the past? In your post, you mention accommodations being withheld. That would not require any training. That is a procedural violation of not following the IEP document, as well as potentially discrimination if these are needed for the disabled child to access the educational setting. Maybe a state complaint is what you need to do? Of file an OCR complaint? First you might loop in the Director of Special Education if you haven't already, just in case that person is unaware of what this IEP team is doing and saying. If he/she doesn't take any action, then I would proceed with a state complaint. The language the team is using is completely inappropriate for a child with disabilities - assuming it is the due to the disabilities that the child cannot "do better." Since you transferred to a new state, did the new school district do their own evaluation? They should have. If their evaluation does not give you the data you need to show the team that the disabilities are affecting his progress and not his "motivation," then ask for an Individual Educational Evaluation. If it shows the disabilities as hindering the progress and the school ignores this and continues to blame it on "motivation," you have a pretty good case for discrimination.

Since you're transferring to a different state, it is my understanding that the new school district cannot change the current IEP until they do their own evaluation. And until that time, the current IEP stays in place. (Check your department of education's website and/or call to confirm this.) That would mean they HAVE to provide comparable services to what he received under the current IEP document. Then, unless their evaluation shows he needs to be in a separate resource room, they have to keep him in an inclusion room. It doesn't matter if they don't "offer it." Least restrictive environment is based on what the child needs - not on what the school district "offers." If they don't have enough spec ed teachers, then they'll just have to hire more or contract with someone.

Did the student move from one state to another or just within the same state? I'm pretty sure if she moved to a different state that the new school district cannot dismiss a child from special education without doing their own evaluation first And the previous IEP stays in effect until then. Check your state's department of education website and/or call them about this. The school district changing her to a 504 may be a procedural violation.

Regardless of past evaluations done by this provider, he/she will still need approval from the school district before moving forward. So my guess is that you will have no choice but to wait because the provider won't draw up the contract yet. As for it being summer, if the LEA is not someone who works year round, send the request for approving your neuropsychologist choice to the Director of Special Education, who probably does work year round.

We might need some specifics to help you; i.e., what isn't being met in the IEP and what are the school's stated excuses, what is the form of the retaliation, etc. But in the meantime, Lisa has a GREAT general answer to this on her website. Link is below. https://adayinourshoes.com/retaliation-iep-parent-special-education/

Let me preface this answer with I am not in Illinois, and I can only answer this question with regard to the IEP process itself. In other words, there could be agencies and/or non-profits in Illinois that provide financial assistance to families with special needs children. I would suggest calling the state department of education directly. As far as getting "financial assistance" via the IEP process, that would actually be getting your school district to pay for placement in a private school. However, that would only happen if the data shows that the school district cannot meet the needs of your child within the district. Private placement is close to being a "last resort" and is considered a "restrictive environment" (and school districts are required to place a child in the "least restrictive environment"). So if the school district says it can meet your child's needs, you will most likely have to let them try. If they fail, then you can argue private placement is necessary. But depending on the severity of the intellectual disability, that could be a long process.

I would also request a Prior Written Notice stating that the consultant's recommendations (which you agreed with and asked for - if you didn't make this clear in the meeting, request another one and do so) were denied. If they refused to issue a PWN for this, your follow up would be "then you agree with them, so let's add them to the IEP." They have to do one or the other - agree to add to IEP or issue a PWN that they refused. That would be a compliance issue. But you are correct - otherwise, you are talking FAPE and lack of transition plan, which would require due process. I would start with requesting mediation or a facilitated IEP meeting (if your state offers those). The big problem I see is your son graduating in 1.5 months. That doesn't give you a lot of time to do anything (mediation, etc.). You may be stuck with asking for compensatory services for the school district's past failures. Are you considering delaying his graduation date at all? If so, reach back out on this site for advise on that route. Sounds like your district is playing the "delay game" and winning.

You can definitely do a partial consent for an initial IEP (after that, it gets a little trickier). The IDEA (Individuals with Disabilities Education Act) specifically states that a school district cannot use a parent's refusal to consent to one service as an excuse to deny another service. I'm not familiar with PA, but wherever the school district is asking for your signed consent for special education services (the IEP, the NOREP, or both), sign but write that you are in disagreement with the services for ED (and anything else that you disagree with in the IEP document - the school's evaluation, present levels, etc.) You can even attach an addendum to the document if you need more room. (Make sure the attached page is referenced on the signature page on which you note your partial disagreement.) Then keep your 504 for SM. Just to cover all bases, you might call the state department of education to make sure you are doing the partial consent correctly. If you can say "this is how the state told me to do it," the school district will have a hard time denying services.

Also, I would assume she's taking standardized tests of some sort. What are these showing? They would not be modified and would be data.

Lots of red flags here regarding the ICT teacher. First, I agree with you that modified tests and lessons are not an accurate way to monitor progress or to tell what her true level is compared to her peers. And the fact that she has no supporting documentation for the trial dates is very suspicious. At a minimum she should have a graph or something showing the dates the data was taken. Not to make your post "all about me," but I have a similar situation and was considering posting about it. Mine involves reading data. The school district found my client ineligible for special education based on an RTI model and have shown us graphs plotting data and dates, but when my client asked for the actual reading passages used to get the data, she was told they were done on the computer and are not saved. If anyone reading this post and my response has any suggestions, please respond. It doesn't seem right that the parent can't see the actual data used to plot on a graph. The school district could easily fabricate the data. We want to see the passage for several reasons - to ensure they are on grade level, to see the words missed, and to see how far she read in one minute. Just FYI - they also did an evaluation and we requested an IEE, but they are only relying on their RTI data to show she's making "sufficient progress" and therefore does not need an IEP. Another question: Does anyone know what "sufficient progress" should be under an RTI model? The director of spec ed said she has to fall below 10%...??? Back to this post. I think you're on the right track with involving the superintendent. Hopefully, since the superintendent is making the request, you will get to see the data. Even if you get the data, I would still take further action. When was the last time the school evaluated your daughter? If it has been over a year, I would definitely ask for a re-evaluation (you can request one once a year). This would give you testing data without any modifications. Then, if you don't like the results from the school evaluation, I would request an IEE (Independent Educational Evaluation). You don't have to give reasons for this request - just that you disagree with the school's evaluation. Because you are correct - data drives the goals and it doesn't appear that you can trust the special education teacher to provide the data.

Wow. I can't imagine how frustrating this must be (and has been) for you. School districts often play the "delay and deny game." Unfortunately, the law does have loopholes that allow delay in some instances. For example, the 60 days that the school district has (or whatever timeframe your state has) to determine eligibility only starts after the parent signs the consent for evaluation. So sometimes you have to be a squeaky wheel to even get the referral meeting. But you've got that scheduled now, so the delay game should be over. Here are my recommendations based on various outcomes (DISCLAIMER: This is NOT legal advise): 1. For the upcoming referral meeting, even though you have sent all of them previously, make sure you bring copies of all your outside evaluation, diagnoses, doctor recommendations, etc. Also, are his grades suffering at all due to his disabilities? Grades are subjective, but if he is falling behind in class, that is relevant. Has he been given any standardized testing or interventions of any type with progress monitoring? If so, get those results, as well. Finally, if you think he/she might be helpful, you could reach out to the general education teacher and ask for instances in which his various disabilities (whether that be his ADHD, speech, etc.) have affected his ability to learn (the legal phrase being "access to the general education curriculum"). Make sure you bring up ALL areas you are concerned with during the referral meeting. 2. If the school agrees to do an evaluation, make sure when you get the consent form that ALL areas of disabilities that you have concerns in are checked. Sign and return as soon as possible because this starts the 60 days (or whatever timeframe your state has determined). If the school does NOT agree to do an evaluation, request an IEE (yes, even though the school district can repeat its mantra of "not severe enough" and dismiss after consideration. 3. Once the school evaluation is done (or IEE, is school refuses to evaluate) and an eligibility meeting is scheduled, make sure you review (I suggest downloading and printing so you can take to the meeting) the state plan for special education, the state standards and indicators for eligibility, etc. and become familiar with them. If the school denies eligibility based on "not severe enough," make them match the data to the eligibility standards and make them explain WHY his disabilities are not severe enough. It's about objective data - not what the school "thinks or feels." 4. If the school does their own evaluation and denies eligibility, request an IEE based on your disagreement with their evaluation. They can ask, but cannot make you give a reason other than that you disagree. 99% of the time school districts will agree to an IEE because otherwise they have to take you to court to show why one should not be granted. Once you get the results of the IEE, you will be entitled to another meeting. If they still deny eligibility, your only option at that point is going to due process. A couple of general suggestions. 1. Reach out to your state department of education and ask for agency recommendations for advocacy. 2. Put EVERY request in writing. If you find yourself on a phone call with school district staff, follow it up with an email outlining the relevant points of the conversation (especially what they agreed to). Follow up meetings with an email as to what was said and agreed to. 3. Keep in mind that lack of funding and being short-staffed are NOT excuses that can be made by school districts if a child qualities. 4. I don't know what the result of your 504 meeting was, but since the IEP process might take a while, make sure you get all necessary accommodations in a 504 plan now. Look at your outside evaluations for suggested school accommodations. If there aren't any, reach back out to the evaluator/provider and ask for some. Like an IEP document, the 504 document can be amended at any time. You don't have to wait until the annual review. So if you didn't get everything in there during the April meeting, you still can. 5. Just an FYI. It's doubtful you will get the school district to do any auditory processing disorder therapy. But it should be covered by your insurance. Summer is a great time to do it, but I do understand you will still be working and transportation could be an issue.

That would not be my interpretation of the law referenced within this document (DISCLAIMER: This is NOT legal advise.) But you never know with state departments of education. There might be a chance they would accept the heading of the document to be ARC Conference Summary IF it included everything the PWN is supposed to. I would call someone in the special education compliance section of Kentucky's department of education and explain the situation and see what they say. If it is not sufficient to them, then at least you have the backing of the state when you reach back out to request a PWN.

A statement on a syllabus cannot supersede an accommodation in an IEP. Any accommodation in an IEP document must be followed regardless of class procedure.