Carolyn Rowlett

First, I'm not an expert in this field, so hopefully others will weigh in. Charter schools are publicly funded, so the assumption would be that they do have to follow the IDEA. However, private schools often receive public funding, as well, and have to provide (or in this case, allow) services, but not to the extent that public schools do. It might depend on what the school's charter says. It also might depend on what state regs say in terms of charter schools. I would suggest contacting you state department of education and asking your question.

You can definitely ask for a re-evaluation prior to the tri-annual, as long as it has been one year since an evaluation was done. Ask for it in all areas of disability and concerns. As far as what to ask for specifically in math, I don't believe you have to ask for anything other than "academics in the area of math," but you would want the specific areas of concern evaluated, as well as whether she is meeting state standards. Once the re-evaluation is back, if you disagree with it, you can request an IEE. There shouldn't be a "fight" over this, since the school has to agree to it or take you to due process, which most school district don't do. All you have to say is that you disagree with the school's evaluation. You do not have to get into specifics of why you disagree - even if they ask you. But you will need to know what areas you want evaluated in the IEE.

It may be time to file a state complaint on the procedural violations of not having an LEA present at the meeting and therefore no annual meeting was held, making changes to the IEP without agreements, and failure to provide PWN's. In the meantime, keep requesting a meeting so that the state knows you're trying on your end.

Hi! Yes, the IEP process, specifically IEP goals and progress monitoring, is very overwhelming. In an ideal world, the school district should be ensuring the goals are realistic, aligned with needs, measurable, and adjusted as needed according to progress - all the things you mentioned. Unfortunately, that doesn't always happen. It sounds like you have some questions about the goals: 1) Are they realistic? 2) Are they aligned with my child's abilities and needs? You also have questions about the progress monitoring: 1) How are we going to be able to tell if progress is made or not made and how much? 2) How are we going to know when adjustments need to be made to goals and services, and will I be made aware of this? These are questions you need (and have the right) to ask the IEP team during a meeting. So ask for a meeting (you can ask for one at any time - you do not have to wait until the next annual meeting) and ask these questions. Make them explain it to you until you understand. Don't let them make you feel like you are "stupid" - you, as a parent, have the right to understand what's going on with your child. If you have a question, ask it. I would suggest doing so in a nice, non-confrontational manner (that works best - at first, anyway - with school districts), but in a way that let's them know that you intend to be an involved and informed parent. It's hard to give specific advice without knowing your child's disabilities, but in general (and I'm sure you read this on Lisa's website) goals should be Specific, Measurable, Attainable, Results-Oriented, and Time-Bound (SMART goals). Another website that might be helpful is below: https://www.understood.org/en/articles/how-to-tell-if-your-childs-iep-goals-are-smart Best of luck and reach out again if you need to!

Dyslexia is listed as a disorder under the definition of specific learning disability in the IDEA, so I don't know how NY doesn't recognize it. I don't know what ICT or MS is, but pulling a child from their home school right off the bat for instruction appropriate for dyslexia is a violation of least restrictive environment. They obviously have an OG program if they're using it for intervention, so I don't understand why they can't use that for special education. To answer your questions: A) No, this is not appropriate. If they don't have a program for dyslexic students, they need to purchase one (and provide the requisite training for their teachers); B) No they can't "declassify" (if by "declassify" you mean take away eligibility) because you don't agree with the IEP. They can only take away eligibility status if the data shows the child is no longer eligible. However, I'm a little confused on the timing. It sounds like you have already consented to services at some point (since they're asking you to revoke consent), so this must not be the initial IEP? Is this a revision? If so, was a meeting held? Did you receive a PWN for items you did not agree to? You may need to get an advocate or an attorney involved since your state complaints are not going anywhere. Or from a practical standpoint, if you like the instruction your daughter is receiving via intervention and she is making progress, maybe you just continue with that until and if she starts not making sufficient progress. Then you can start the IEP process again. This is not to say that the school is right in what they are doing - just that if you can't force them to do the right thing, look at options you can live with for a while. They are correct that you do not need special education status to receive reading intervention, but that does NOT mean that an IEP is not appropriate now or in the future.

I would request a meeting and make sure the principal and director were there. Ask for the 2:1 to be put in the services section or at a minimum the TA. I would also request a new or revised PWN setting forth that the 2:1 agreed to at the meeting was removed without another meeting being held and the reasons why it was removed.

That might be helpful, but I still think I would advise requesting a meeting so that you can ask why something was removed that was agreed to during a meeting. I would also advise asking for a PWN that states the 2:1 aid "agreed to during the meeting" (since you didn't actually request it) was denied and the reasons why. You might also call your state department of education, tell them the scenario, and ask what can be done. Finally, I would advise recording the next and all future meetings if you are in a one-party state. Given what has happened, that would not be an unreasonable thing to do. If you are not in a one-party state and can afford it, take an advocate with you or have one participate via zoom. At a minimum, take a friend or relative as another set of ears. If the school district takes notes during the meeting, ask for a copy of those notes afterwards.

I would reach out to the director of special education and relay what happened. If they are going to take away something that was agreed upon during the meeting, they need to hold another meeting - so request one. Also, at a minimum, the PWN should state that you requested a 2:1 aid, were denied this, and the reasons why.

Here are the three possibilities and pros and cons of each: 1. District provides the services without a 504 Plan or an IEP. The school district would have no obligation to monitor progress under this scenario, but they might. If they don't, she should monitor her child's progress in case these "voluntary" services show insufficient progress. If that case, she might want to request an evaluation for an IEP so that specific goals, minutes, and progress reports could be requested. 2. District provides the services by way of a 504 Plan. 504 Plans can provide "related services," which can include speech therapy. However, again, there would be no goals or progress monitoring with a 504 Plan. 3. District provides the services by way of an IEP. Specific goals, minutes, and progress reports could be requested. However, the IEP might be written so that the speech therapy is considered a "related service" and not "specialized instruction," meaning that goals and progress monitoring would not be required. My advise would be to go along with what the school is offering, but keep a close watch on progress. She can always request a 504 evaluation or an IEP evaluation to obtain data when she thinks that is warranted.

Let me preface my response with the fact that I do not have any experience with pre-elementary students. But a quick review of the IDEA shows that when a child reaches the age of 3, they move out of Part C (Infants and Toddlers) into Part B, which includes "all children with disabilities between the ages of 3 and 21." So I don't see how the LEA would not be responsible for FAPE in this situation. My first thought was to contact your state department of education. But I'm not sure what "IFSP" stands for. I'm guessing this is through the state? Even so, you could reach out to the department of special education and ask for clarification/correction on what you have been told by the case manager. If it is someone within the school district, I would go up the chain of command or jump straight to contacting the director of special education for the school district. My interpretation is that the school district is responsible for providing services AND transportation. However, you will need to establish that your child has a disability. I'm not familiar with what transfers over from Part C to Part B, so you may need to "start over" by requesting an evaluation, etc. Your state department of education and the district's special education director should be able to assist you with the process.

The Council of Parents Attorneys and Advocates would be the best organization to go to for a strong attorney recommendation in the areas of law you list.

Hello. Compensatory services are very complicated, but I will attempt to answer each of your questions below: 1. Although you should check with your state department of education, generally, compensatory services do not have to be provided on a 1:1 basis. It depends on how much progress (or lack of progress) the child made after being denied the required services. To determine this, you may need to request an IEE to show that the child could have made more progress had the required services been given. The goal is to get the child to the point they would have been had the services been provided, but this does not necessarily mean that make-up services have to be 1:1. 2. ESY and compensatory services are two distinct services based on two distinct determinations and cannot be provided concurrently. 3. Who can be a "Reading Specialist" is likely defined by requirements set forth by your state department of education. A general education teacher may very well meet the definition depending on his/her training in early intervention reading, etc., or whatever the state requires. But if the IEP states "Reading Specialist," it has to be someone that meets this definition. I do not think a PWN would be appropriate to deny something already written into an IEP. An amendment would be the correct route, but I would fight that. 4. If they are not using Wilson and that is written into the IEP, they are in violation. I'm surprised they stated a specific methodology if they can't/won't use it. The problem you might encounter, however, if you tried to enforce this by way of a state complaint or due process is that the state or hearing officer would be sympathetic to the school district if they could show the methodology they are using is comparable to Wilson. Again, they should amend the IEP if they are not going to follow it. A PWN does not give a school district a pass on implementing what's already written into an IEP.

A child should always get all intervention they require to make them successful regardless of the eligibility category. If the primary disability is SLD, they should still receive goals, services, and/or accommodations for anxiety if the evaluations show they are needed to access the general education curriculum. If the primary disability is OHI, they should still receive goals, services, and/or accommodations for SLD if the evaluations show they are needed to access the general education curriculum. Your child's life should not be ruined either way because they school district is required to provide needed interventions in all areas of need. Having said that, I feel the primary disability is important, because that tends to be how the teachers view the child. Do you want the teachers to think your child's anxiety is the bigger problem or the reading comprehension. Also, what do you as a parent feel is affecting your child the most - the anxiety or the reading comprehension? But it will also depend on what the evaluations say, and it sounds like the school district may argue that the data points to OHI -but make them PROVE that if you disagree. I'm also very suspect when school districts want to avoid the SLD classification. They may feel that this holds them to a higher standard, such as providing evidence-based multisensory structured instruction, even though my thought is this is required even if SLD is a secondary category. There also might be state laws that kick in regarding SLD's that they're trying to avoid. Go with your gut - you know you child the best. But also be prepared to back up your decision by referencing data in the evaluations and (if you think it will be helpful) asking the general education teacher what s/he feels is your child's bigger obstacle.

You could try asking for a meeting and agreeing to excuse all the required team members who, by contract, are off for the summer. But I don't know who that would leave you with or if the school would even agree to a meeting under those circumstances. You might also try asking for an informal meeting with the director of special education IF s/he is contracted year-round and IF s/he would agree to it.

You need to file a state complaint alleging a compliance violation in that the school district did not allow the general education teacher to attend the IEP meeting.

First, I would want to confirm that this was purposeful and not just a mistake or technical glitch. Did they actually PROHIBIT her from joining the Google meet when she attempted to? Also, was this teacher listed on the Notice of Meeting? Second, how old is your child? The reason I ask is that if s/he is in grade school age and only has one general education teacher, then yes, this is illegal because a general education teacher is a required IEP team member. But if your child is in middle or high school and another teacher was present, it might not be illegal, because only one is required. We try not to guess why school districts do what they do on this site, but my guess would be that the general education teacher was bringing data to the meeting that they didn't want presented. For instance, the teacher would have information on how far behind the child is academically or how much the disability is affecting his/her participation in the educational environment (without knowing the specific disability, it's hard to say). They should want this information, but they might not if they don't want to provide services.

Are you inferring retaliation? Ask for the policy/standards for determining academic achievement awards. (It's hard to say just knowing the GPA and percentile ranking, as I'm sure every school has different standards and there are all different types of "achievement awards.") If your son meets any of those and didn't receive an award, there's your grounds for retaliation.

First, you need to make sure you are keeping a log of all of these incidents. Second, as soon as you are made aware of an incident, ask for a copy of the nurse's report. All the scenarios you mention above should have resulted in a visit to the school nurse. Third, request a team meeting. It's not clear from your post if she is on a 504 or an IEP. Either way, a discussion needs to be had about how to keep your child safe. She may even need a 1:1 aide. Also, tell the team you are going to put a body cam on your child because she cannot convey verbally what is happening. Check with your state department of education regarding this because all state laws differ, but the consensus is usually that children can wear these in areas where there is no expectation of privacy, which in a school is just about everywhere except the bathroom. Finally, there is probably a way to report these injuries as potential abuse that should be investigated - either through the school district's own procedures or through the state department of education.

Welcome to the group! You might check with your state department of education, special education division. Sometimes they have a list of when a PWN is required.

If a behavior is related to a disability, you absolutely cannot punish that student for the behavior, which includes prohibiting them from participating in activities in which his non-disabled peers are participating. That is discrimination based on his disability. If he has an IEP with behavioral goals, that means the present levels show he struggles in that area due to his disability; therefore, excluding him based on behavior stemming from the disability would be discrimination. You need to reach out to the director of special education who should know this.

The first question this site would need the answer to is: Are you overseas 3-4 years at a time due to one of you being in the miliary?

Hi Stacey. In my opinion, you're not at the point of needing a lawyer. An advocate, maybe, but see the below first. The school doesn't need a "program" to work on written expression goals. I'm assuming from your post that your son has a goal for written expression. If so and he is not making sufficient progress, the services should be changed in some way (sufficient progress is not necessarily meeting "his potential"). The school shouldn't "always" be able to show progress if the goal is written is a correct, measurable way with a baseline and the child is not, in fact, making progress. When you say the "psych eval," do you mean the school evaluation or an outside evaluation you obtained? If it's the school evaluation and you believe that evaluation is not enough to get him the necessary services, the first step (even before getting an advocate) might be requesting an Independent Educational Evaluation (IEE), which the school has to provide at no cost to you (or take you to court to prove they don't have to provide it). Once the results of that evaluation come in, the team will hold a meeting to consider those results (they only have to consider; they don't have to use them) and at that time you can (hopefully) show his lack of progress and push for different services.

Usually what occurs (but you might check with your state department of education), assuming you can give the new school district a copy of the current evaluation and IEP, they must provide comparable services to what is listed in the current IEP until they either accept this prior IEP or develop and implement a new IEP. If they do not agree the current evaluation report, they must initial a re-evaluation. During the the time the re-evaluation is being conducted, the school district must implement the current IEP or provide comparable services. Bottom line: There should be no gap in services until and if the new school district has data supporting removal of the services.

Federal law defines educational impact broadly and that it can include social, behavioral, and emotional domains. There is no quantifying measure. But you might check your state's eligibility indicators. I do not think 15 minutes is reasonable. That's a lot of instruction time that is being missed in a one hour class. What you need to get the team to focus on is whether the student can access the educational environment the same as his/her peers. If not and it's due to a disability, then it is an educational impact. Other factors than time should be considered - are grades dropping, is s/he understanding the material, can s/he repeat back instructions, etc. Besides, how would you know how much time the student isn't focused? How are they going to measure that? Other than pointing to the things listed above.

First, you need to insist that the IEP be followed in terms of your student getting the teacher notes. I don't know how it reads, but unless it states "upon request of the student," they should be provided automatically. It doesn't matter that he's in high school now - not an excuse for not following the IEP. Reach out to the case manager about this. If it does state "upon request of the student," try to get the language changed, which may require data that he is not able to self-advocate yet. But I understand that from a practical standpoint, it may not happen. In that case, in most high school now, teacher notes are provided on Canvas or some other platform shared with students. (I do realize there would still be the problem of reading those notes, which I will get into in the next paragraph.) As far as tools for note-taking, if notes are on the whiteboard, ask for the accommodation of taking a picture of the notes. If they are lectures, as for the accommodation of recording the lecture. I don't know of any tool that will determine the important information from notes. Does your student have access to text-to-speech? That accommodation reads text to students and is very widely used by not only special education students, but all students. You definitely need to ask for that accommodation, as well as training for your student on how to use it and how to use it without embarrassment (earbuds?). You didn't mention this, but another common accommodation for dyslexic students is speech-to-text to help them with their writing. There are tools (such as a C-pen) that will read a paper document back to a student. Ask for such a tool to be included in his IEP accommodations. But those would not have the ability to take notes and determine important information. Maybe there is an AI program out there that could do this? You may need to ask for an IEP meeting to discuss your concerns. A dyslexic student should not be expected to take notes if the note-taking process is so difficult that it keeps him from accessing all the information that is being presented. The IEP needs to be followed. Tell the team what he is struggling with and ask what can be done.