Carolyn Rowlett

I am a facilitator for the state of Missouri, and we are trained and told to reach out to both the school district and the parents via phone before the IEP meeting to gather facts and points of concerns and disagreements. We also ask for copies of the current IEP, evaluation, and draft IEP. As far as what a facilitator would think about one of the case managers not being there, neutral facilitators are usually not allowed to point out anything that a school district is doing "wrong." But if you bring this up with the facilitator in your teleconference, it would give him/her an opening to broach the matter with the school district in terms of it being a parent concern.

I would not bring in a lawyer yet, especially since you do not want things to get "ugly." As far as the suspension goes, for now I would see what your rights are in terms of adding a statement to your son's file about all the items you list above. Then I would shift gears and take the matter up with the special education department. Request an IEP meeting to discuss all these recent issues surrounding his IEP - the school's failure to follow it (communication, recess), whether behavioral goals are needed, etc. Besides sending the request for a meeting and detailing the issues to the entire IEP team, I would also copy the director of special education. Bringing in an advocate would certainly help and under the circumstances would not appear unreasonable.

I can only speak for myself, of course, but coming up with a general list of private schools and programs in all states for all disabilities would be quite time consuming, although you are correct, also quite helpful. Maybe someone on this forum knows where to find such a list? Unfortunately, you are correct, that there are many instances in which school districts won't find a way to deal with the specialized needs of a certain child. I didn't use the word "can't," because under the law, school district have this obligation regardless of the child's specialized disabilities. However, I also understand that you're speaking from a practical standpoint and that it's just not worth the fight and that your resources are better spent elsewhere. Something else of which I'm sure you're already aware, lack of funding is not an excuse. But again, I know you're approaching this from a practical standpoint. One thing you might do, however, is take a look at your state's education budget, specifically special education. I'm spit-balling here, but it is my understanding that most if not all states received federal funding for special education services post-COVID. Also, some state legislatures passed laws increasing the funding for special education. IEP/504 teams don't always share that information with parents and sometimes aren't even aware of it. It might be worth researching and/or calling your state department of education. But in terms of advice for locating private schools and programs, individual parents could post their city and state, along with their child's disabilities, to see if anyone has recommendations in their area. (Unfortunately, for some severe disabilities, the parents' may only have out-of-state options.) Also, there is the tried (but maybe not always true) "Google it" method. You would, of course, need to follow up with a phone call or email to any school you find via a Google search. Make sure to have all your evaluations and diagnoses ready. A lot of schools will be listed as "special education" schools, but they may be for behavioral issues only with the sole goal being to mainstream the child back into the public school system. Not trying to "punt" on this one, but this is the best I personally can suggest. Maybe others will be more helpful.

When you say the mom asked to "look at the evaluation again," does that mean she doesn't have her own copy? The school should have provided her with her own copy. If they did not, ask for it. It's part of her child's educational records that she's entitled to under FERPA. My suggestion would be to request an IEE if they don't agree to do another evaluation. I agree with JSD24 about asking the school to do a gifted assessment. However, a lot of times schools only do gifted assessments on students who get a certain score on standardized testing. As JSD24 pointed out, the student's ADHD could be getting in the way of showing his/her full potential. That leads to another suggestion: Since it could take a while to obtain special education services (if you are able to at all), you might want to consider getting a 504 Plan in the meantime. That could be established quicker and provide the student with accommodations for his/her disabilities of ADHD, Autism, and OCD, such as a separate, quite environment in which to take tests (both classroom and standardized). This might help get his/her scores up enough to qualify for a gifted assessment. But you would need to keep the accommodations in mind as you argue for special ed services - high scores with accommodations do not mean the student doesn't need specialized instruction.

I am in Missouri, also! What is the next meeting for if student was denied eligibility? You can ask for another evaluation at a meeting, but make sure your client also asks for one in writing. They might not agree to one since they just conducted one last spring, in which case you should request an IEE. Either way, during the eligibility meeting after the evaluation results come in, make sure they explain - using the Missouri Standards and Indicators for Other Health Impairment (ADHD and OCD) and Autism AND the data - why the student does not meet eligibility. Also make sure the reason(s) are detailed in the PWN. It does not sound as if the first PWN has enough detail. As far as the IQ question, I don't see the harm in getting one in this particular scenario. It might be very helpful to know if the student is gifted.

Whether a typo or purposeful, this absolutely needs to be corrected. I would email the IEP team now and ask for an amendment. If they prefer to wait until the annual meeting/renewal, at least get them to acknowledge the mistake in your email correspondence with them and that it will be corrected on the next IEP document. One exception would be if they are doing a re-evaluation and do not plan to set forth previous results in the new IEP document under the argument that they are no longer "present levels" (this has, unfortunately, been successful in some cases). In that scenario, you would definitely want the current IEP changed now.

Answers to your questions below: 1) Just to clarify: Are they asking you to send a revised copy of the most recent meeting notes OR of the notes from the meeting two months ago which contains the alleged additional/incorrect verbal statement? Either way, you have no responsibility to send them ANY revision. You are giving them an opportunity to respond to your recollection - that's it. It doesn't come with any obligation on your part to do more. I do think it's a good idea to put a "footnote" or even a response to them documenting that this correction was not asked for in close proximity to the meeting date, but rather two months later. Because even though you gave them a "deadline," they have no obligation to you to meet this deadline, and now the email is out there and should be addressed by pointing out the delayed response. 2) I don't think these recent responses should stop you from sending out your notes. Just make sure to respond to any changes you don't agree with that "we'll have to agree to disagree" because that is not your recollection. However, since discrepancies are being reported, you might want to think about recording future meetings, if your state and school district allow that. 3) Without doing more research, I can't say for sure that your notes would hold up "legally," but I would think they would at least be considered (along with any notes the school might be taking). However, it would help if they were sent in an email in close proximity to the time of the meeting. You could even send them in a email to yourself if you didn't want to send to the school. But I see no harm in continuing to send these to the school. 4) I'm not familiar with PA, but I can't imagine that there is any requirement for school districts to reply to your notes. It would be in their best interest, however, if they disagree with any part of them. 5) I would continue with your current practice of requesting input. They can respond whether you ask for it or not, and if you stop asking for it now, it might look like you're no longer trying to get accurate notes.

Could you provide a few more details? Under which category of disability were you hoping to find eligibility? If Specific Learning Disability, does your state allow the discrepancy model? What were reasons were stated and/or set out in the Prior Written Notice for denial of services? Why does the mom want to request an IQ test? What areas were assessed in the first evaluation? An IQ test would be necessary if the school uses a discrepancy model (most states don't, but a few still allow it). A high IQ can be used AFTER services are provided to argue under the Supreme Court case Endrew that progress isn't enough "in light of the child's circumstances." If you do ask for an IQ test, make sure it is one that is best suited for the child. For instance, if dyslexia is a concern, you would want a non-verbal IQ test done.

After about 15 minutes of research, I also could not find any solid data for your argument! But most websites and experts on the Internet recommend it, so it must not be "an unnatural mastery." Also, I don't understand their statement about "having to start over." One reason most goals state "3 out of 4" or something similar is that it takes into account the "bad day" possibility. The trials themselves have to be consecutive - the goal is only 3 out of 4, which allows for one "miss." Although I couldn't find any data, the overall consensus seems to be that doing something "in a row" (or close to it) is a sign of mastery. The argument is if they can't show they can do a skill "consecutively," it isn't mastered. Having said all that, I'm not sure it's a fight worth fighting if you are comfortable with his progress, scores on standardized tests, reading ability at home, and comprehension of classroom material.

There are no credible resources that say a school should wait until 3rd grade to test/screen/evaluate for dyslexia. In fact, the research says the earlier dyslexia or dyslexic tendencies are addressed, the better the chances are for the student to be successful in the future. See the link below from the International Dyslexia Association. Many states are starting to pass legislation to require screening for dyslexia as early as Kindergarten. Also, even if there is no legislation, many State Departments of Education have policies and guidelines for school addressing this issue. I would suggest going to your state's DOE website and looking for something you can use to persuade the school to test. If the website is not user-friendly, call someone in the special education department at the state. Make sure you have any screening or standardized testing that has been done, which with your daughter being in first grade might be minimal. But there should be something to tell you where she stands in terms of reading. Look for "below grade level," "at risk," and "not approaching standard," etc. Also ask the teacher to do a quick assessment to see what grade level she is at. Then send this information via email to the special education coordinator at your school building - don't spend any more time asking the teacher about evaluations. Also tell him/her how much time your first grader is spending on homework. Finally, request an evaluation based on the fact that you suspect your child may have a disability. If your request is denied, make sure you receive a Prior Written Notice (PWN). If you don't, ask for one. If the PWN does not detail specific reasons for the refusal to evaluate, ask for a revised one that does. If this doesn't get you anywhere, you still have options: 1) Get an outside evaluation - sometimes pediatrician offices can do these and sometimes insurance will cover. Once you get the results, send them to the school. 2) Go up the "chain of command" - send your request to the principal, then the director of special education, and finally the superintendent. 3) File a State Complaint based on the school's failure to fulfill the "Child Find" obligation in the Individuals with Disabilities Education Act (IDEA). 4) File for Due Process. This sounds like a scary option that requires an attorney. But a single issue like this (requesting an initial evaluation) is totally doable without an attorney. You would only need to bring the data I referenced above. Chances are just the filing for due process would motivate the school to do an evaluation OR it would be something that would be reached during a settlement conference and there would be no need to go to the actual hearing. https://dyslexiaida.org/testing-and-evaluation/

Have you tried contacting/complaining to anyone within the DoDEA? You probably have. I had a client on a military base who took his concerns via the Army route rather than the state. That, and bringing an advocate to the next meeting, helped him get what was needed for his daughter.

Forgive my ignorance, but what does "IU" refer to? And when you say "our IU," I take it you mean s/he is an evaluator within the school district and therefore you consented to an evaluation being performed by the school district? If so, I would assume at this point you should be invited to a meeting to determine eligibility. The evaluator alone would not determine eligibility. But I'm not in PA. I would reach out to someone in the school district who is over their Early Childhood Special Education program and ask what the next steps are after the evaluation is complete. If after the meeting he is deemed not to qualify, I would assume you have the right to request an IEE, but I am not familiar with early childhood IEP's. At a minimum, you should receive procedural safeguards from the school district setting forth your rights. Ask for those. You could also reach out to the PA State Department of Education and ask for their policy/guidelines for preschoolers showing signs of a disability. Under the IDEA, the requirements for an IEP are: 1) The child is at least three years old; 2) The evaluation shows a disability or developmental delay; and 3) Special education services are needed to address the disability or delay before the child enters Kindergarten.

I think this depends on what you are wanting from the school. If you think the benefit of "understanding his needs a little better" is outweighed by the possibility of a different placement, then you might not want to risk it. My advice would be to have the outside evaluation done as planned, but don't consent to a school evaluation until you receive the results. The outside evaluation results will give you a better idea of whether or not you even want/need any services for his suspected autism. If not, there would be no reason for the school to do an evaluation - so don't consent to one. If you do, they would then have the right to do an evaluation before considering additional services.

I would add that an argument could be made that taking recess away from him is discrimination IF the action for which he lost recess privileges was caused by/related to his disability. If the school will agree, it's best to have it written into accommodations that recess will not be taken away - just to make sure.

It might either be an amended IEP or a new IEP. If the re-evaluation was done because the annual IEP meeting is coming up, the IEP developed at the annual IEP meeting would be a "new" IEP and have new start and stop dates based on when the meeting is held. Even though an IEP is in place, schools often refer to it as the "new" IEP; but there is no gap or loss of services between IEP's - special education services continue seamlessly regardless of a new IEP document being developed. If it was not done pursuant to the annual meeting, it could be either an amended IEP or a new IEP, perhaps depending on how many changes the re-evaluation causes the team to make to the IEP document. If just a few simple ones, it would probably just be an amended IEP. If significant changes are made and the timing is close to the annual IEP date, the team could decide to go ahead and draft a new IEP. The difference would be that the amended IEP would most likely have the same start and stop dates as the current IEP (unless those were also amended), and a new IEP would have start and stop dates based on the date the new IEP was implemented. After a re-evaluation (or any evaluation) is done, the IEP team has to meet to go over the results and make changes to the IEP, if warranted by the new data.

Let me preface this with the fact that I am not an advocacy expert in autism. However, procedurally, I can give you some pointers. First, push hard for the PWN. You are absolutely entitled to this. Look up and refer to your state's law/regulation on this and/or your state's department of education guidelines and compliance standards and refer to them in your request IN WRITING (email is fine). If this doesn't work, file a Child Complaint with your department of education citing failure to comply with required PWN procedures. Second, request an Independent Educational Evaluation (IEE). Assuming your state is similar to others on this issue, you do NOT have to provide them with a reason for this request, but the reason would be your disagreement with the decision that the sensory issues set forth in the school's evaluation do not affect him in the academic setting. The IEE will be at "public expense," so you do not have to pay for it. Hopefully, the IEE will come back with a direct correlation of his sensory issues to academic impact and will make recommendations for services and/or accommodations. If accommodations only, you may have to go the 504 Plan route for now until he is older and there is more proof of the academic impact.

Parents, just make sure the school is doing everything they should for your child's ADHD. There are many accommodations that can be put in a 504 Plan to address ADHD and executive functioning skills, and both accommodations and goals for ADHD can be made part of an IEP. You should be able to find recommendations for both on Lisa's website. Also, make sure whatever is being used at school is compatible with any outside service you use, so that your child does not have to learn and remember two different sets of strategies. Having said that, you may find that an private service is superior to the school's proposal and implementation of accommodations and/or goals, in which case you could choose to work solely with an outside provider.

I am a special education attorney licensed in Missouri. I specialize in Specific Learning Disabilities, but handle cases involving all disability categories.

I am a special education advocate accepting clients throughout Missouri and Kansas. I specialize in Learning Disabilities, but handle IEP's and 504 Plans for all types of disabilities.