Carolyn Rowlett

It is my understanding (and this is not legal advice) that a diagnosis alone is not enough for an IEP. It must be determined that the child has a covered disability (autism, anxiety, and ADHD are covered disabilities), BUT it also must be shown that the disability is severe enough to require special education services. So if your child's disabilities are impacting her access to the general education curriculum, then the IEP should stay in place. If the school's 3 year re-evaluation does not show this and you believe this is incorrect, ask for an Independent Educational Evaluation (IEE) at no cost to you. (Because the school district could terminate the IEP if their data shows special education services are unwarranted. They must hold a meeting to explain their testing results to you.) Your child's therapist could also write a report (or come to an IEP meeting) stating that her disabilities require special education services to access her educational environment. You could also speak with her teachers to see if there are any examples of her disabilities affecting her in the classroom setting, unless the school has already done so.

This is a change in placement under the IEP. The parents are entitled to request a meeting. Unfortunately, the IDEA allows amendments to IEP documents without holding a meeting if both the school district and the parent agree. And in this case, I'm guessing the document the parent signed gave her agreement to the amendment. However, if she regrets that decision, she can still request a meeting and ask if a sufficient "individualized inquiry" was done to make sure her son is in the least restrictive environment (required under the IDEA). I don't know what is in the BIP, but have all supplementary aids, services, and supports been explored to avoid the home placement? If the school will not budge on its decision, then yes, it has to provide instruction in the home, including both general education and special education instruction. This time a meeting should definitely be requested so that the team can figure out the logistics of accomplishing this. Until then the student should NOT be switched to half days because FAPE is unable to be provided.

It's not clear from your post what disability your child has, so I will assume it is a specific learning disability such as dyslexia or dysgraphia that makes note-taking difficult to impossible. You need to make sure the team understands that the reason for this accommodation (in my state, this would be considered an accommodation rather than SDI) is that note-taking restricts her access to the general education curriculum because she is exerting so much effort taking notes (from whatever source - the board or a lecture or a video) that she misses information that is presented while she is concentrating on her note-taking. She is unable to do both - take notes and absorb all the information being present; therefore, her access to the general curriculum is restricted. When a disability is the cause of a restriction, the school must remove the barrier; i.e., give her the notes and not require note-taking. If the 1:1 instruction instruction time with reading and writing teachers is special education time, it is completely unacceptable for this time to be used to help her finish her notes. I assume the IEP states specific instruction that is supposed to take place during these minutes. It cannot be used for any other reason. If it is, track the minutes and ask for compensatory time. Additionally, she should not have to finish the notes - she should be provided a copy. Finally, the teacher's excuse that he doesn't have a complete copy of notes to give her is ridiculous. Make sure the words "when applicable" are removed so that the teacher doesn't have any wiggle room. Below is how I would word the accommodation/SDI: "Do not require note-taking and provide notes from all learning sources including but not limited to the board, teacher lecture/instruction, and video presentations." As for the second SDI, I would completely take that out unless some real specifics can be stated as to what "skills" she is practicing and gaining. It is unlikely she will need a "note-taking" skill, as most colleges and universities allow recording of lectures. Also, it's not a "skill" she needs to practice, especially if it causes her to miss out on information. If she has dyslexia and /or dysgraphia, she may never attain that skill because the struggle is related to a disability. It would be like having a child in a wheelchair practice walking when he can't.

That is great news, Charlotte Ann! Thanks so much for the update!

You can definitely have social/emotional goals and no academic goals, as long as you can show the social/emotional disability is impacting access to the general curriculum. Think about what social/emotional goals you think he needs. For instance, does he need a goal for self-advocacy when he's feeling overwhelmed? Does he need a goal for recognizing the need to take a break on his own without prompting from teacher? Does he need a goal for staying on task while doing assignments in class? Be prepared with specifics. Ask his general education teachers what issues they are having and prepare arguments that the issues are related to his ADHD and need goals. If the school evaluation comes back showing he doesn't need any social/emotional goals, don't forget you can ask for an Independent Educational Evaluation (IEE) at no cost to you. If meeting regularly with the school psychologist is enough and there is no need for any goals, that could be addressed in a 504 Plan.

My area of "expertise" is not Down syndrome, so hopefully others will chime in with recommendations specific to that disability. But from a general standpoint... Since her triennial is coming up, that means the school will be doing a re-evaluation. That should be done in all areas of suspected disability, so make sure you sign a consent for cognitive/general intelligence (an IQ test may have been done previously, but you need to make sure she has a NONVERBAL IQ test done due to her language limitations and to get a more realistic idea of her cognitive capabilities ), communication skills (both speech and language), academics, and any other area with which you are concerned (social skills?). I would also request a phonological awareness test, which a lot of states require now, but usually only for lower elementary grades. This would help to show where instruction in reading needs to start. Regardless of the results of the school's evaluation, afterwards I would request an Independent Educational Evaluation (IEE). This would be paid at school/public expense. You will need to state that you disagree with the school's evaluation, but you do not have to give them reasons. The reason I say to ask for an IEE is because school evaluations don't come with recommendations. An IEE would (hopefully) speak to whether or not your daughter is capable of learning to read AND would hopefully offer recommendations on instruction, etc.

As for your first question, it would depend somewhat on what the 504 language is. Does it specifically say "tests and quizzes?" Or does it say "assessments?" Even if it says "assessments," an argument can be made that this includes quizzes. It would also depend on the language in the neuropsych testing. Does it limit the recommendation based on length of test/quiz? Doubtful - her anxiety probably doesn't go away just because the assessment is shorter. My suggestion would be to reach out to the 504 coordinator and tell her about the situation. Not pointing fingers at or criticizing the teacher (yet) - just asking his/her opinion on the matter and what could be done. The hope would be that he/she would reach out to the teacher and clarify/rectify the situation. Also, the 504 Plan may need to be amended to specifically add quizzes. If the school district is reluctant to do that, then you may need to reach out to the neuropsychologist and ask that he/she made an addition/clarification to the report that additional time pertains to all assessments regardless of length of time/questions. As for your second question, I'm not that familiar with the SAT so maybe others will chime in. But if I were you, I would try to talk to a person in SAT administration that deals with accommodation requests (or if this is difficult/impossible, use the "contact us" on their website). Ask if there is a cutoff for the amount of extended time allowed. If so and there are no exceptions, 150% is probably the best you're going to get. If there is some wiggle room, ask what documentation would be needed to get her 200%.

Megan, check your state law/policy on the timeframe in which the school district must file for due process when denying an IEE (or just call the state department of education). It is usually very vague language like "without unnecessary delay," but at least it's something to make sure it doesn't drag on forever.

It sounds strange to me. I would definitely ask for the "research" to which they (specifically the person who drafted the report) are referring. If you can produce just as much research stating the opposite, ask them to remove that sentence as an inconclusive statement/opinion.

Unbelievable. Make sure you have everything you need for the hearing - outside evaluations, school evaluations, standardized test result. Reach out to your state department of education to see if they or another organization can help walk you through the process since you will not be represented by an attorney. Read everything you can on the state department of education's website about due process hearings.

Hi Elizabeth. I apologize that I did not take the time to look up California law regarding these issues, so hopefully someone with California specific knowledge will jump in. But from a general standpoint, I have seen a PWN and as Assessment Plan (assuming an "Assessment Plan" is the same as a "Consent for Assessment" in my state) put together. As far as a signature page for the PWN, that can often be state specific and topic specific (meaning the purpose of the PWN). However, the IDEA requires parent consent before all initial and re-evaluations and your state cannot override this. I would interpret your state's failure to address the issue specifically in its laws as following the IDEA. I would suggest the following: 1) Have them resend the documents with the correct page numbers. 2) When she signs the consent form, she should absolutely write on the consent form that she disagrees with the school district's decision not to do an FBA. 3) Make sure the school district's denial of an FBA is stated on the PWN or on a different PWN.

Hi Julie. Since you used the word "legal" twice, I feel the need to preface my response with the disclosure that this site does not provide legal advice, and I do not personally give legal advice on this site. Having said that... I would start with telling the school (in a nice way) that while you understand that they are working on this gap, that it not a viable reason under the IDEA for not providing specialized instruction for which your son qualifies. If the IEP team has decided that Directed classes are needed for ALL of your son's courses, they shouldn't be able to pick and choose in which classes they are provided. An exception might be if your son was only showing low scores/data/grades in math and ELA and didn't show a need in Social Studies and Science. But that doesn't seem to be the case here. If it were, you would need to show the data (standardized tests, grades - they're not really data, but if he's getting C's and D's in Social Studies and Science and A's and B's in math and ELA, it would be relevant) that he is falling behind due to not receiving the specialized instruction that he needs. Also, it makes no sense if the need is related to his disability and ability to learn and NOT his inability to learn in a specific class(es). The fact that they've already discusses him being in Directed classes in all academic courses in high school is additional proof that the team feels he needs this in all classes. Finally, if you feel you don't have enough data, ask for an IEE with observation in class, that will hopefully come back showing he is unable to keep up in the gen ed classroom setting. If the school district already agrees he needs Directed classes for Social Studies and Science but say they "can't" provide it, they need to think outside the box. "Can't" is unacceptable if the need is there. They could hire another special education teacher - even just part-time if that would be enough. They could assign (and hire, if needed) a 1:1 para. At a minimum, they need to be providing him with pre-teaching and post-teaching of the curriculum in these two classes to help him keep up. If what they try doesn't work, then they need to try something else.

Hi Laura. I think most of us on this forum will be hesitant to offer much advice since you are meeting with a lawyer in a few weeks, and that person will answer all of your questions. But if you are specifically asking what documentation to take to the meeting with the lawyer, I would suggest the following: 1) all email correspondence from any school district personnel expressing the "various concerns" you reference above, as well as any email correspondence from you to the school expressing concerns and asking for help (and, of course, the school's replies); 2) all standardized state and district assessments; 3) all evaluations whether done by the school or an outside provider; 4) class schedules (to show going from advanced classes to remedial) and grade cards; 5) anything (does your child have a 504 Plan or IEP?) showing what the school has done since they identified your child; 6) anything showing that "the school can't meet their needs" (as you state above) such as correspondence from the school, notes you took during meetings, progress monitoring reports (if there is an IEP in place), etc.

I would definitely fight the "doesn't provide sufficient instruction" argument. I'm sure if you reached out to your school they could provide you with some type of certification, comparable learning results with that of public schools, etc. And I would ask the school what kind of proof they have that the instruction is NOT sufficient and on what they base this determination.

First, you would need to show that the behaviors of other students affect your child's ability to access the general curriculum due to his disability of anxiety. I don't know if you have an IEP or a 504 Plan, but maybe ask the school district to do some observations of him/her in class, hopefully catching a time when disruptive behavior is taking place and providing an opportunity to see how your child reacts. You should also have conversations with your child after school each day and document in a journal times that he feels anxious and is unable to participate and learn in class. Second, make sure (whether in the IEP or 504) the necessary accommodations are in place for his anxiety. When disruptive behavior (or anything) causes anxiety, does he have a "safe place" he can go to? Can he ask for breaks? If he falls behind in class due to the inability to participate and learn or having to leave the classroom, is he provided with any kind of "catch-up" instruction for what was missed - either in special education classroom or by the general education teacher? Bottom line: you need to show his anxiety (which specifically occurs during incident of disruptive behavior in the class) is obstructing his access to the learning environment. Then you need to ask for accommodations to help him/her know the options available for dealing with this AND how to keep him/her from falling behind when those options are used.

I agree with High School Parent's response that your son's age is relevant to this discussion, and that at some point his supports should be reduced and he should take charge of own organizational system. However, it doesn't sound like that is what is going on here. He should not be in charge of data collection for his IEP. Data collection and progress monitoring falls under school district responsibilities, not the student's. Again, I agree with High School Parent that if he needs something for "self-monitoring," a specific goal should be stated for this. Finally, given that neither your son nor you understand the daily note card system, what he is supposed to do with it, and why he is doing it (it can't be for data collection or self-monitoring for reasons given in first paragraph), you need to request an IEP meeting to seek clarification on these items.

They need to provide a Prior Written Notice that they are denying your request for an aid. They also HAVE to put your parent concerns in the IEP document.

Your gut is correct. You are entitled to have ALL your parent concerns put in the IEP document. But don't wait until the meeting to voice them. Put your parent concerns in a letter/email to the IEP team before the meeting. This accomplished two things: 1) the team can (hopefully) prepare ahead of time for your concerns and 2) they have an easy way to include your parent concerns in the IEP document - by just cutting and pasting. Even with this convenience, school districts still seem to push back on putting parent concerns letters/emails in the IEP document, and unfortunately, the federal law regarding the IEP process (Individuals with Disabilities Education Act, or IDEA) does not specifically address parent concern letters. However, it repeatedly mentions "parent participation" as a high priority during the process, so I would argue they are not allowing your full participation if they don't put in all your parent concerns - whether you state them verbally at the meeting or via a letter/email. Although the IDEA does not specifically mention parent concerns letters, Lisa found a VERY helpful sentence in the comments to the law's passage (which basically sets forth in detail what the law means), as follows: "Parents are free to provide input into the child's IEP through a written report if they so choose." See the link for Lisa's entire blog on this issue below. This is something you can point to if they refuse to include your parent concerns letter in the IEP document. As far as why a school district does what it does, your guess is probably as good as mine. Their excuse that the concern has to happen "frequently" is not a valid one or more importantly, one that is required by law. Some school districts try to avoid documentation whenever they can. But I wouldn't worry about the "why." Just know what YOUR rights are and if they provide a reason denying your request, make them show you the reason in a written law/statute, state guidelines, or school district policy. If they can't, go with your gut and tell them you want it in the IEP. https://adayinourshoes.com/parent-concerns-on-the-iep-parent-letter-of-attachment/#h-where-is-the-parent-concerns-letter-mentioned-in-idea

Here are a couple of things you could do: 1. Reach out to the Tennessee Department of Education and see if they have any resources or organizations that can assist you with advocacy. 2. Ask for an Independent Educational Evaluation (IEE), which would hopefully state an aide is necessary for your son to access the general curriculum. The school will probably ask your reason for requesting an IEE, which you don't have to give, but in this case I see no harm in telling them that it is because you disagree that an aide is not necessary. 3. Ask your son every afternoon after school what was taught today. Keep a journal of his responses to show he does not know or understand what is being taught. 4. Ask for all school work to be sent home or for access to it via an online platform. Look at this every day to see if he is understanding and doing the work. 5. Make sure the following accommodations are listed on the IEP document for your son: - Frequent teacher check-in's for understanding of the assignment and material - Have student state directions back to the teacher to ensure understanding - Give directions in a variety of ways (verbal, nonverbal) - "Chunk" assignments into smaller tasks/steps - Frequent teacher check-in's to make sure student is working and doing the correct work - Teacher check-in's to make sure assignment/work is completed **If you put enough on the teacher (if necessary, of course), the teachers might actually help you in your request for an aide. Here are some things you could say: 1. Point to the fact that his own teachers say he does not listen, pay attention, or do his work. State that this is a result of his disability and that it is denying him access to the general curriculum. Further state that because of this, he needs an aide in order to be provided a free appropriate public education (FAPE), which is required under the law. Don't think of it as him receiving "more services." Currently he is not being treated equally with his peers because he is being denied FAPE. He needs services to give him EQUAL access - not more. The word "discrimination" often gets their attention. 2. State that your son is entitled under the law to the least restrictive environment. If that is an aide in the general education setting, then that is what he should receive. Staff shortages are a nationwide problem, but they're not an excuse for not providing FAPE. See if they have tried to contract with an outside service provider. That is allowed and if needed for your son, should be pursued. 3. Since the title to your post is "1:1 Aide," I'm assuming that is what you are asking for. I would try a compromise first and ask if an aide could be placed in the classroom to help more students than just your son. Of course if this doesn't work and a 1:1 is necessary, then ask for that.

ESY and placement are IEP decisions, therefore a good argument can be made that the entire IEP team should be present. Also because not all issues were resolved in the initial meeting, this is technically a continuation of the original IEP meeting and again, all team members should be present. I would add in your correspondence to the school (in a nice way, if possible) that you hope the LEA representative who is present at the next meeting has the authority to commit school district resources, as required under the IDEA. The bigger obstacle you may encounter (although I have not seen your data) is showing that your son is first, eligible for ESY and second, that a specific summer camp is what he is entitled to. Was one (or both) of these decisions made during the original IEP meeting? I would assume that at a minimum it was decided that ESY was appropriate due to data showing regression, or else the student services representative wouldn't even be going to her boss with this issue. But you still have to show need for this specific summer camp, which could be difficult. Without knowing the facts or data it's hard to say, but take for instance, that your son needs a group setting in which to practice his social skills. The school may not be able to provide this during the summer, which would be an argument for sending him outside the district. But then the problem becomes getting this specific summer camp. The school district would have a right to choose which program he goes to, assuming it can give him the services for which he qualifies.

Many school districts still do use "backpack mail" to send home PWN's, which as you correctly state has many "wrongs," and as JSD24 states at a minimum should be in a sealed envelope. Nothing in the IDEA prohibits this, but as JSD24 states an unsealed envelope that got into the hands of a classmate would be a FERPA violation. However, the IDEA does state that parents can elect to have PWN's sent by email if the school has that option, which the vast majority, if not all, should have. So you should contact the school and tell them this is how you elect to receive your notices. From a practical standpoint, as an advocate it is much easier on my clients (and me) if they can just forward me a document that was originally sent electronically, rather than having to send screen shots or scan.

I am a facilitator in Missouri, so can only speak to how facilitated IEP's are conducted in my state, but I agreed with Jenna that all you need to prepare is a letter (or email) of parent concerns. In Missouri, I speak with both the parents and the school district via phone prior to the meeting. In my phone conversation with the parents I try to pull out all concerns that they have. I also offer to draft the parent concerns letter is they are unsure of how to do this. I, of course, have them review and approve the list. After parent approval, I forward a copy to the school district. It makes the process go a little smoother when the district is aware of the parent concerns prior to the meeting, as is the case with any IEP meeting. The meeting itself will most likely be conducted similarly to a "regular" IEP meeting. In fact, the facilitator has to follow the agenda outlined in the IDEA. There will just be some extra "bells and whistles" in the meeting such as visual charts that the facilitator (or someone he/she asks) tracks. The neutral facilitator will only jump in if tensions are rising, the meeting is getting offtrack, pros and cons need to be developed to reach a consensus on a particular proposal, etc. As for a report and what is done with the information at the end of the meeting, in Missouri there is no report generated after a facilitation. The school district is allowed to take pictures of the charts if they do so with a school device (not their personal cell phone) for purposes of adding it to the student's file. They charts are then taken down and destroyed.

It that case, I can tell you if there is a state policy - there is! (I'm in Kansas and Missouri.) In the Kansas Process Handbook (p. 88) it states that "the parents of a child with an exceptionality have the right to request an IEP meeting at any time." It is silent as to whether or not the parent must inform the school district of the purpose for the meeting, but there is no requirement to do so.

I think you took the appropriate next step in requesting an IEE, so I would just wait to hear back from that. They will most likely grant it, as otherwise they have to take you to due process. If they don't, this is probably something you could handle without an attorney since the only issue is getting an IEE. Reach back out to this forum if you do have to go to due process over this. If your request is granted, make sure the IEE is done in ALL areas that the school evaluated and that you disagree with. (If the school has not evaluated in all areas of suspected disability, ask them to.) As Jenna alluded to, hopefully the IEE will tie his disabilities to academic impact. Do NOT accept grades as data - they are not. Grades are very subjective and should not be the basis for denying eligibility. I don't know how old you son is, but this is especially true at the elementary school level. Request that they redo the Prior Written Notice in which they explained their reasons for denying eligibility and ask for DATA that they relied on - not grades. In the area of speech, it sounds like they won't have any, so the only thing they can look to (until the results of the IEE are in) is your private evaluation.

Ok. You should know in case the school pushes back when the parents refuse to provide an agenda that nothing in the IDEA or its regulations explicitly gives the parents a right to request a team meeting. So if they wanted to be difficult, the school might refuse to have the meeting without the parent providing an agenda. However, the Federal Register grants parents this right on p. 46676, Volume 71, Number 156, dated 8/14/06 on the topic "Rules and Regulations." Show them that, if needed. As to whether or not a parent has to provide a reason for calling a meeting, that is not addressed. I would also suggest checking your state's policies and regs - a lot of times states will put a parent's right to request a meeting in their state plan. If the school still refuses, your client could request a mediation.