Carolyn Rowlett

This is a tough one. I'm sure Lisa will chime in with some great suggestions. Here's what I'm thinking. In general, a parent cannot dictate who the staff member is - but can dictate that they be trained to provide the necessary services and accommodations to the child. So that would be one question to look into: What is the training of the person(s) the school is considering for his 1:1? If not sufficient (you'll need a report that sets out what your son needs), make that argument (which might lead to them hiring someone else). You could also ask that during the transition period (and this is a huge transition) that your son's current care attendant be allowed to be the aid in tandem with whoever will be fulling this role at the school. It might make the transition easier and you have the letter that this is recommended. You would, of course, have to pay/have Medicaid pay for the current care attendant's time to help with the transition. I don't know much about how Medicaid factors into this. Does this funding stop when a child reaches Kindergarten? Or would it be possible to continue with the same care attendant and just obtain the school's approval that this person be the 1:1? (Can't see why they would object to this - would help them out tremendously - but there could be liability issues, union issues, etc.) This is not my area of expertise so just speaking generally. Hopefully others with more experience will join the discussion.

As always, Lisa has great suggestions. I'm only adding my two cents as my area of "expertise" is reading. From what you describe, it sounds like your son may need and probably didn't receive the necessary underlying reading skills - phonemic awareness, phonics/decoding, encoding, etc. Because students (especially very bright students) are able to mask by memorizing many words and figuring out words from context, deficiencies in these areas often go undetected in elementary school. But when the student hits the middle and high school years, they can no longer memorize all the words they need to know and they are reading about subjects for which they have no prior context - and the struggles begin. The school is saying he is on "grade level." But what do they mean by that? That he is able to get good grades? That doesn't necessarily mean he is on "grade level." Did the academic evaluation the school did dig down to all the necessary subtests such as phonemic awareness, phonics, nonsense words, fluency, etc.? If not, you need to request an IEE. It may be that he is NOT on grade level when it comes to these areas. Although it sounds strange, it is very possible (again, especially for a bright student) to score well in comprehension and not know how to decode, because they are very good at figuring out the passage from context and memorized words. But this inability to decode will catch up with them.

Is the "evaluation meeting" the first evaluation meeting and the one to determine eligibility for the first time? Also, what eligibility categories are you going to be looking at? If you're looking at specific learning disabilities, then an evaluation showing low scores in academics could definitely (and legally) take into consideration all the absences as a reason for the low scores. Especially if those absences have reached the point of non-compliance with state policy/regs. However, if the disability is something like ADHD, maybe that is the reason FOR the absences. What was the reason the parents chose an online school and is it through the school district?

Request a special education evaluation in the area of social/emotional/behavior. List all the reasons you state above. Attach the autism and anxiety diagnoses. Ask the teacher to report what he or she sees in the classroom, at lunch, at recess, and at specials in terms of her responding to questions, making conversations, having friends, etc. and attach that feedback. The school must already see a need in terms of social skills if she's seeing the counselor for that. Those skills can be addressed in an IEP with goals and specialized instruction.

Just in general, you should make EVERY request to the school district in writing - whether or not it has to do with special education and whether or not you asked for it in a meeting. If you did think of it and ask during a meeting, jot down a note to yourself to send a follow up email reiterating your request to the team. Specifically, I'm not sure I can answer your question. Is the child eligible for a specific learning disability in math? If not, there would be no requirement for the school district to provide special education services in math and a PWN rejecting eligibility in a specific learning disability for math would encompass this. Your use of the term "Tier intervention" leads me to believe you were asking for something provided in the general education setting, in which case a PWN would not apply. If you child is eligible in specific learning disability (math), the services provided would not be provided in the general education setting. Others can correct me if I'm off base here. Also, Little Papa3, please reach back out with any clarification questions.

Emotional/Behavioral should include an executive functioning component. But you can ask this question to be sure. As far as the "oral testing" for special education, the school has to go by the testing protocols. If they allow for oral testing, then you shouldn't need to sign anything. I wouldn't sign anything that allows them to change the test protocols.

Ok. It seems we were confused and thought you were referring to the special education testing when you said "oral testing." But you mean the school wants to give her oral, rather than written, tests in the classroom because of her ADHD. I haven't heard of this being something to consider for students with ADHD, but maybe because it "forces" them to stay focused more than if they're sitting in front of paper or a computer taking a test? Whatever the reason, I would ask them to explain their thought process on this change - whether you ask for that in an email or during a meeting. You did say her grades are dropping, so it could be in response to that? Since you are wanting a behavioral plan, I would ask that the emotional/behavioral testing include an FBA (Functional Behavior Assessment).

What areas are checked on the consent form to be evaluated? That could make a difference. I would also ask what evaluations are being used for each area and then look up online to see if an oral version is appropriate.

In my opinion, they're exposing themselves to a different type of liability by preventing a child from accessing FAPE when there is not a documented medical reason for the child having to stay home. Yes, get everything in writing and the reasons behind the decision, as well as share everything JSD24 points out. But I would include the IEP on your emails (do they even know the nurse told you this?), and I would request an IEP meeting to figure out the educational plan moving forward (and if even needed) because the nurse doesn't seem to have a good one.

With respect to not receiving the progress monitoring reports timely, I would suggest reaching out to the director of spec ed and informing him/her about this. I would also inform him/her about the accommodations not being followed. If both of these continue to occur, they are grounds for filing a state complaint for not following the IEP. But give the spec ed department a chance to correct first. As far as the accommodations, I would look closely at how they are worded. Do they state student "will" be provided such and such accommodation. In that case, the gen ed teacher doesn't have the right to only give an accommodation if the student asks for it. That would be a team decision and the language in the IEP would need to be changed. Alternatively, do the accommodations state "as needed" or "if requested by student." If so, I would ask (first in an email, then request a team meeting if they won't change via email) that the language be changed to not putting the onus on the student in order to receive the accommodations because he lacks the self-advocacy skills. That is a skill the team will want the student to master, but if he hasn't mastered it yet, his accommodations should not be withheld from him because he lacks this skill. You can even ask for a goal for self-advocacy - but in the meantime, the skill should not be expected to magically be there. Regarding an IEE, all you have to do is state you disagree with the school's evaluation in the areas of x, y, z. Or you can state in all areas evaluated by the school. You can even list areas you think they should have evaluated in, but didn't. You can give reasons why you disagree, but it is not required. I would keep in very general. As far as the school district saying "no" to an IEE, that rarely happens because they have to either agree to it or take you to due process to show why an IEE is not needed. Because of this, school districts, practically without exception, choose to allow the IEE. The school district will give you a list of approved providers, but you are also free to choose your own. See more about IEEs by clicking on the link below. https://adayinourshoes.com/iee-independent-education-evaluation/

Definitely send a follow up email setting forth what you don't agree with in the IEP and your reasons why. Also ask for a PWN for all the changes they made to the IEP and anything you requested that they denied (and outline each change/denial specifically - that way you document it without having a PWN, in case they refuse to give you one). Also state that you expect the IEP to be followed in the area of progress monitoring so that you receive these reports concurrent with grade cards (if that is what the IEP states). If you don't like the data in the progress monitoring, reach out and ask for clarification or more data. You could even request an IEP meeting to go over it. It sounds to me like you need an IEE (Independent Educational Evaluation). I would request one in a separate email from the one I reference above. If you are unfamiliar with and/or need more information about IEEs, reply back.

I had trouble finding 300.347(a)(7), as well. But Section 1414 Part B (d) of the IDEA is alive and well and has similar language. It does not specifically state "at least as often as parents are informed of their nondisabled children's progress," but leaves it to the team to describe in the IEP document when reports on progress will be provided and gives the example of concurring with the issuance of report cards. Since the IEP states the first one will be provided in June, the school is in compliance. Here is my advice from a practical (not legal) standpoint. Depending on what date in February the IEP was implemented, there may not be a lot of data to provide. Often progress monitoring reports that cover only a portion of a quarter say something to the effect of "IEP just implemented on such and such a date, no data available." However, depending on the disability and goals, there very well could be some data available for the month of March (and maybe some in February depending on implementation date). Even though the IEP states the first progress monitoring will be provided in June, nothing keeps you from reaching out to the case manager and asking for some data points now (say something like you don't want to wait until school is out to see if progress is being made, even though you do understand that it hasn't been implemented for that long). Don't throw any law at them just yet. See if they will respond to a friendly email first. If they refuse, you could ask for an amendment to the IEP that progress monitoring will be provided concurrent with grade cards starting with the end of third quarter of school year 2024-2025. They could make this amendment without or with a meeting. But if they were unwilling to voluntarily provide some data points (your first step), it is unlikely the team will agree to amend the IEP, in which case you're probably stuck. I don't know what the disability or goals are, but in general, I would say this isn't a battle to take on. You will likely have other more important battles to fight in the future. But it doesn't hurt and isn't unreasonable to ask for some informal data now.

Can you just reach out and ask the team or IEP coordinator (or whoever sent the Notice of Meeting) what a Due Process Specialist is and what the role of this person will be at this meeting? Seems like a valid question.

What is the eligibility category in the IEP (or categories)? You mention both a diagnosis of a speech and language disorder and a reading disability. Although there could be some overlap of the types of services used for each, I think it's important to distinguish between the two. If his reading struggles are the result of his severe phonological speech and language disorder and not a specific learning disability (reading disability), the approach could be different and the teacher would need different training and skill sets for each. I don't know all the facts, but it appears that he might need additional minutes with a speech language pathologist rather than a reading specialist to address his specific disorder. I would suggest requesting an IEE (Independent Educational Evaluation) from the school, which would be at no cost to you. An outside provider would probably be able to delve into the complexity of these issues better than the school district and would provide recommendations for both treatment/services and accommodations. You are entitled to request an IEE when disagree with or feel the school evaluation is not sufficient. The school district must agree to this or else take you to a due process hearing to prove an IEE is not necessary. This is very inconvenient for school districts, so they usually just agree to the IEE. And you're definitely on to something in wanting to request pull-out services. If he is not making significant progress according to the progress monitoring reports, something needs to change.

Text me and we'll schedule something offline.

What areas of disability are missing from the above testing? You'll need to point that out specifically.

What areas were checked on the Consent to Evaluate form? Yes, absent agreement between parent and school district to not evaluate, all areas (not necessarily the same tests) for which the student is still receiving services should be re-evaluated. If they were not and if you want them to be, reach out and ask that they be done. Yes, there should be a meeting to go over the results of the re-evaluation. It would be in addition to the annual review, but the annual review could be done immediately following the meeting to review evaluation results.

There is a lot going on here and hard to advise without more info. Could you possibly call me at 816-547-5467? I am an advocate that works in Missouri and Kansas and sometimes other states. This would be outside of A Day in Our Shoes. It would be me as an advocate giving you my free one hour consultation.

Yes, it is absolutely time to change the curriculum they are using. What is the disability and what program are they using currently? If dyslexia, it must be evidence-based, multi-sensory, structured literacy. But not all programs, even if they meet these requirement, work for all kids. Sounds like it's time to try something new.

Were you involved in the "IEP team" decision to move his intervention? You should have been. Where was the intervention happening previously? What was the reason for the change - to try to get more than "minimal growth?" Or did it have something to do with the school's staffing or scheduling? If the progress monitoring data shows growth up until the change in placement and decline after that for an entire quarter, this should be enough data. Did you make the request in an email? Maybe you need to request an IEP meeting so you can ask them point blank: How can you say there isn't a problem when YOUR data is showing a decline since the change in placement? How long does he have to show decline before it's considered a problem? If they still refuse, ask for a Prior Written Notice to be sent to you after the meeting specifying the denied request and reasons for the denial. Other steps you could consider are getting an advocate and sending an email to the special education director with your concerns. And make sure from now on that you receive progress monitoring on a quarterly basis (I assume that is in the IEP). Also, keep in mind that the growth he makes should be more than his peers in order to close the gap (i.e., if he only makes a year's worth of progress in a year, as his peers are as well, he will never close the gap). If he isn't making sufficient growth, the IEP isn't working and needs to be revised.

Hi Lara. I am going to assume the learning difference is dyslexia. I think you should preface anything you send to the teacher with your words in the third paragraph above, which are a very good explanation on their own. A gifted student SHOULD be getting all 100's IF she has the barrier to her education removed/accommodated for. Does she tell a child in a wheelchair to "just try harder" to walk? It is essentially the same thing. The physically disabled child can't help that they can't walk, and a child with dyslexia can't help that they struggle to read - no matter how hard they try. In addition to being educated on dyslexia, this teacher also needs to be educated on IEPs. It is completely inappropriate (and possibly discriminatory) for the teacher to tell (bully) the child to try without her modifications and accommodations. That is an IEP team decision. If the modifications and accommodations are in the IEP, by law she HAS to follow them regardless of her personal feelings on the matter. Also, you need to request (demand) that she have no more such conversations with your daughter or ask the special education coordinator/director to reach out to the teacher. She is putting the school district at risk by not following the IEP. You would have a valid state complaint or could go to due process with this. Below are a couple of quick reads. The CNN article includes a link to a simulation, which hopefully she would click on. One last suggestion. I would try to get the teacher to confirm in writing what she said to your daughter. So you might first send an email something along the lines of "my daughter mentioned a meeting you had with her. I just wanted to get some clarification on what you were asking of her. Are you wanting her to attempt her school work without using the accommodations in her IEP?" No judgement or shaming or education yet - something neutral that she would hopefully respond to with the truth so you would have some proof if that were ever needed. Good luck! https://dyslexia.yale.edu/dyslexia/what-is-dyslexia/ https://www.cnn.com/2016/03/05/health/dyslexia-simulation/index.html

Totally agree. But, not to give school districts any slack, it is more difficult these days to determine "preferential seating," because the teachers tend to more around the room, teach from different locations/white boards, etc. As Lisa states above, you have to look at the individual student and what his/her needs are and then precisely define "preferential seating." You also have to ask if the onus is on the child to determine the best seating or the teacher. This depends on the child's age, awareness of their issues, and ability to self-advocate.

Make sure you keep a journal with dates and specifics of the instances of punishment and shaming - date, class/teacher, what actions/inaction lead to the punishment/shaming, and what the punishment/shaming consisted of. I would suggest doing a couple of things prior to the annal meeting. 1. Look at her current accommodations and ask your daughter which ones are being followed (and in which classes) and which ones are not being followed (and in which classes). 2. Look at the language of the current accommodations. Does your daughter have to ask for them or are they automatically provided? Does she have the self-advocacy skills to ask for them and is she? Is there an "embarrassment" factor to any of the accommodations that could be tweaked? 3. Does the IEP need additional accommodations? What behavior is leading to the punishment and shaming and what accommodations could help with this behavior? See Lisa's list of ADHD accommodations at https://adayinourshoes.com/adhd-accommodations-iep-504/ . These are listed under accommodations for a 504 Plan, but are equally applicable to an IEP. Go through each and see if there are any that would assist with your daughter's behavior and issues. Also, accommodations can be written regarding teacher communication with parent of all assignments, tests, etc. 4. Without knowing what the goals are, it's hard to critique those. But look at the goals and see if they are addressing the deficiencies. For instance, if she struggles to initiate a task, she needs a goal related to this struggle ("will begin a task within so many minutes/ within so many prompts, etc."). Then, of course, for any goal there needs to be specialized instruction to reach that goal, so ask how they are advancing her towards the goal. If she is not turning in homework timely, that can be a goal. In the meantime, the supports/accommodations must be in place to assist her - teacher reminders that her homework is due, etc. 5. Draft a "parent concerns" email to the IEP team. See Lisa's explanation and examples at https://adayinourshoes.com/parent-concerns-on-the-iep-parent-letter-of-attachment/ . Include the examples of punishment and shaming that you believe are related to her disability, include any information you receive from your daughter regarding accommodations not being followed, request the addition of any accommodations you feel are appropriate, request the tweaking or addition of any goals you think are appropriate, relay the communication issues you are having with her teachers, and state that retention would be detrimental to your daughter to retain her (you can find studies on this) when she may just need some additional support for her disability. Inquire as to how the environmental and schedule changes has affected her and how the IEP can be amended to address this. (My guess is, which is usually the case, that the middle school teachers are not following the IEP.) Did the team have a "transition to middle school" meeting to address this big change in her life? Or is it the same IEP from elementary school? Finally, I don't normally insist on this, but in this instance, I think I would request that all of her academic class teachers attend the meeting. The team needs to hear what is happening in each class and how to address it. The "at risk for being held back" is a very good reason for wanting all teachers there. That is a drastic step and should not be considered without hearing from all teachers. 6. Find out what the platform is in middle school for accessing assignments, test dates, and teacher notes. See if your daughter is using this and if not, why not (may need accommodations for this). Also make sure you have access to this so you can be aware of what is coming up for her. 7. In an email separate from the parent concerns email, don't just suggest, but REQUEST IN WRITING assessments for behavior (including an FBA), academic (since she is struggling in math), and cognitive (because there might be some processing or memory issues going on in addition to the ADHD, which could lead to additional goals and accommodations that specifically address the cause of her struggles if more than ADHD).

It is best practice to make sure the cost of having the IEE provider come to the IEP meeting is included in the contract. Unfortunately, most parents don't know this. After the fact may be tough to get, but you could argue that just as the school district has to provide someone who can interpret the results of a school evaluation, that an IEE necessitates this, as well. However, doubtful you would win this argument because the school district will say that their school psychologist can interpret the results. You also have the right to speak with the provider and relay what they state about the evaluation to the team. Or even better, have them write an addendum to their report that you think will be needed to convince the school district. If there any way you could pay the provider's fee to attend? Maybe have him/her attend via Zoom and ask the team if his/her input can come at the beginning of the meeting so s/he doesn't have to stay (and bill) for the entire meeting? Unfortunately, a school district only must "consider" IEE's and are not bound to implement any of its recommendations. So your only options if they refuse are those listed in your procedural safeguards. There is no federal timeline for holding an IEP meeting after the results of an IEE are available. However, your state department of education might have some guidelines on this in a Parents' Guide or on the website. You could even call them and ask . Usually when the law is silent on timing, the "reasonable" standard is applied. I would say if 30 days have passed and a meeting has not been scheduled that you file a state complaint.

If anyone needs an attorney, two good places to start are the Council of Parent Attorney Advocates, which I believe has them listed by state. There is also the "Yellow Pages for Kids" on the Wright's Law website. Unfortunately, both of these are not timely updated, so you might get some "I don't do that anymore" replies. Lastly, go to your state Bar Association, which should have attorneys listed by practice area. Again, though, that can be hit or miss - "education law" can mean one thing to one practitioner and something else to another.