Carolyn Rowlett

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.

Unless I'm missing something, I would say of course you can have behavioral goals - in ANY environment. I don't have anything specific to base this on. You would just need to have the data/evaluation that shows he has behavioral deficits that make him eligible for specialized instruction and goals. Keep it simple. If he needs it and that need is documented in an evaluation, then he should get it. I don't know on what the school is basing their statement that he won't get behavioral goals if he's moved out of the EBD classroom. Sounds like this is more for their convenience or a staffing issue, which is NOT a reason under the IDEA. I don't know all your facts, but it seems to me your biggest "fight" and concern is moving him to a different environment. Again, you will need data showing this environment isn't working for him, is harmful, or is not the least restrictive environment he can be in. Do you have any data/documentation/evaluation that supports your statement that this "has changed the whole trajectory of his education?" If not, ask for a school evaluation, then an IEE if you're not satisfied with this school eval.

I always do "business casual." Never suits. But also never jeans - you want them to think of you as a professional, in my opinion. However, I am rethinking my Friday attire during the fall. Like Lisa, I attended several IEP meetings last fall and into the winter when it was both "casual Friday" and "red Friday." (I'm in Kansas City, so Chiefs kingdom - not to rub it in, Lisa . ) I was actually "shamed" by the school district personnel for not wearing red!! I may not wear a jersey, but I will be in red from now on!

You're not missing anything. IEP's are NEVER set in stone and call always be amended.

It depends on what you are wanting to accomplish. Did the team decide on placement at the meeting and do you disagree with the decision? If so, I would start by sending the team an email that you did not receive a Notice that they would be discussing a change in placement so you were unable to "participate meaningfully" in the discussion (required by federal law) and that because of this, you would like to request another meeting. That would buy you some time to get your thoughts and data together, speak with an advocate, etc. If that doesn't work, you could file a state complaint. The compliance issue would not be "pre-determination" (because as you said, this is hard to prove). Instead, it should be based on the defective Notice of Meeting and your inability to "participate meaningfully" because of not knowing they were going to discuss placement.

I'll attempt to answer your questions in order. 1. File a state complaint. That's your only leverage at this point. Your complaint/compliance issue would be that the school district is not complying with the requirement to have parent participation during the IEP process. 2. Paper train for your state complaint. Additional compliance issue: failure to provide PWN and failure to response to request. 3. You're going to have to force the consequences by filing a state complaint. 4. I find it hard that an initial IEP (which this is, correct?) does not have to be signed by the parent. Usually the start of providing special education services requires consent by signing the initial IEP. After the initial IEP, continuation of services in subsequent IEP documents can usually be done without parent consent (but this is state specific). If you are getting no response to your requests to be involved, their only motivation at this point will be a state investigation which will occur after you file a state complaint. 5. Again, your only recourse at this point is a state complaint. In addition to the above, also list "failure to comply with 60 day timeline." The state is going to have to be the entity that provides the consequences. Usually state complaints are not hard to file and do not necessitate an advocate or attorney. The state provides you with a form. If you have questions about it, you can call the special education department (compliance division?) of your state department of education. They should be willing to assist you in completing the form. They might also have a list of agencies (free) to which they can refer you.

I'm not in Pennsylvania, but a lot of people on this site are, so hopefully they'll jump in. But from a general standpoint, some (most?) states require school districts to have a written policy on their RTI process, as well as their procedure for determining eligibility. (Now whether or not school districts actually do this is another issue...) Have you reached out to your school district to ask for their policies? If they say they don't have any, you might find something on the state department of education's website about "standards and indicators" for determining eligibility or a state plan.

As far as all individuals being listed on the Notice of Meeting, yes, the school district is required under the IDEA to list all individuals "who will be in attendance." However, it is not completely clear whether the school district is required to state specific names or just titles. Just listing "special education director" and "school psychologist" might be sufficient, unless your state has additional requirements (call your state department of education or look on it's website for a "Parents' Guide" or something similar). However, it appears that they didn't even do that, so I would say this is a defective notice. I'm a little confused as to the second question regarding the notice because you state "I started to talk about changing my son from..." If you mean the school starting discussing this, then yes, the Notice of Meeting should have listed "change in placement" as a "purpose" of the meeting, as required under the IDEA.

It would depend on the context in which you are using the term "learning boundary." I certainly would not use it when you are discussing a learning disability for purposes of an IEP or a 504 Plan, since "learning disability" and "disability" are the terms used in the IDEA and 504 laws and regs. If a parent is just emailing a teacher asking for help, maybe...? I'm one of those who doesn't like to stray too far from legal terms when you're dealing with a school district.

Let me preface this with the fact that autism is not one of my areas of expertise. So perhaps others will respond, as well. But having said that, you can ask for anything in the IEP that you feel is necessitated by his disability and is affecting his access to an education. I would think that since he is already in a self-contained environment that the school would be receptive, especially since you are covering the cost. It might depend on how his educational instruction could be handled if he only attended half days. But it would be worth a discussion, in my opinion. If the school district is not receptive to this, you may need to get data showing a need. You don't state where you are at in the IEP process, so I don't know if that would mean requesting a school evaluation/FBA or an Independent Educational Evaluation/FBA.

You need to get on your state department of education's website and see if they have a list of when Prior Written Notices are required (some do). If you can't find one, call the compliance section of special education and ask if a Prior Written Notice would be required in this instance. If yes, get the name of the compliance officer you spoke with, ask if there if is a policy or guideline that you could print out/see, and forward both to the director of special education.

You need to list on your parent concerns "failure to respond to communication from parent." Call your state department of education and ask what you can do when the school is refusing to communicate with you. The fact that they won't tell you who was on the team that developed the initial IEP without you and without sending a meeting notification to you is a GREAT example to tell the state, since this is COMPLETELY unacceptable. As far as your concern about not signing the IEP, since this IS an initial IEP (if I'm reading your post correctly), you probably (check with your state) have to sign it in order for your student to receive services. I understand that services at this point at the middle school level are meaningless, but from a practical standpoint, I would sign it and list all the things you disagree with on the signature page or reference an attached page. The IEP can ALWAYS be changed when the high school team is put in place. If you really don's want to sign, call the state and ask what the consequence will be. I would even tell them that the school district told their state facilitator that there would be "dire consequences" and you would like to know what that means. *See Lisa's post below regarding signing the IEP. I didn't read through all of it, so I'm not sure if she addresses initial IEP's. Are any of the "administrators" the director of special education? If not, I think it's time to get him/her involved. Start copying them on all your correspondence AND forward them all correspondence to which you have not received a response. Also, to make sure you hit the ground running in high school, ask the director who you need to contact to schedule a meeting with the high school IEP team and when can that occur - the end of this school year, the beginning of next school year? Your problem may be a "building" problem - that is, the middle school is just trying to "wait it out" until the student goes to high school. You might have better luck with the high school IEP team. I would still suggest, as I did in an earlier post, to request an IEE so that you can gather more recent data over the summer in preparation to discuss the IEP for the high school years. It also gives you an excuse, if you need one, to schedule a meeting with the high school team. https://adayinourshoes.com/sign-the-iep/

You could still ask that the private evaluation you have already scheduled be an IEE and have the school pay for it, or get reimbursed if you pre-paid. I think you need to add a sensory evaluation IEE. It doesn't sound like what the OT person did covers all his potential sensory issues. You need to ask the OT person to put EVERYTHING in her report. Telling you verbally is ridiculous. I don't have any expertise in the area of asking for advancement in grade or gifted services. My best advice would be to look at your state department of education's website and to give them a call to find out more.