Carolyn Rowlett

FAPE is "free appropriate public education." Your son's ability to retake tests at ANY threshold does not affect other students' right to an education in any way, shape, or form. As far as their "unfair advantage" argument, anything that is deemed necessary by the team for a student to get FAPE should be given regardless of how the school thinks it may affect other students. (Accordingly, my suggestion would be to not bring up the other student, since as your correctly point out, IEP's are based on the "Individual." But you could ask for their WRITTEN policy on this. There is no way they have one because you can't pre-determine what might be needed in an IEP for every individual student.) Having said all that, I agree with Emily that retakes can be more about the score than content mastery, so make sure that is what you stress and have data for. It might help if the accommodation was more specific - "someone will go over the missed items on the test with student to explain why answers were wrong before the retake" - or something more eloquent that what I just came up with.

Link to IDEA law regarding this issue is below. As you can see, a lot is left up to the individual states, so you will need to check your state department of education's website for specific procedures. https://sites.ed.gov/idea/regs/b/e/300.520

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. Carolyn Rowlett, Dyslexia Advocates crowlett@dyslexiaadvocates.net

You might want to revise the subject heading of your post. MO is not Montana - it is Missouri. Montana is MT.

Can you send the link to what you reference? I'm not seeing it, but I did a really quick search. I see another problem (maybe bigger or the main problem) in that the school is limiting the time for the IEP meeting. If more time is needed for him to make use of an interpreter, they should give it to him. Otherwise, they're not actually providing an interpreter. And if he can't "participate meaningfully" without an interpreter and without enough time given to make use of an interpreter, they are violating his rights as a parent under the IDEA. Not to mention discrimination against him if he has a diagnosed disability. If the school district continues to be difficult in this area, I would suggest requesting a facilitated meeting, if your state offers those. That would ensure the meeting is scheduled for an appropriate amount of time. Make sure to tell the facilitator that the use of an interpreter requires some extra time for the meeting.

The IDEA requires students 14 and over to be invited, but it does not require their participation. I don't know what state you are in, so you might check you state department of education's website to see if your state has any such requirements (or just call the special education division). If the school keeps insisting on her attendance, as for the WRITTEN school district policy on this. I'm guessing they won't have one.

I've seen (and received copies of) many parent and teacher completed rating scales. Maybe those school districts are violating copyright laws. I don't know...

By "in the meeting" do you mean the annual IEP meeting since he has been on ADHD meds? How long had he been on the meds prior to the meeting? In any event, if the IEP team is attributing his academic struggles to inattentiveness, I'm not sure what your purpose would be in getting a new IQ test done. If they were trying to pass off his struggles as related to a low IQ, then yes, I would want to get a new IQ test done to show his true cognitive ability. But one of the purposes of requesting an evaluation is trying to understand why he is struggling and if you're thinking the IQ test will go up, that won't necessarily be helpful. But I may not be understanding everything. If by "new evaluation" you don't just mean an IQ test, I would say yes, you should request a new one since his present levels seem to have changed (this being the first year he has struggling academically). Request one in the area of academics. Couldn't hurt to also request a new IQ test - as long as it's in ADDITION to the area of academics. It would probably be good to know what his cognitive ability is while on medication that helps him focus better. You do have to wait one year from the last evaluation to request a new one. If I'm not understanding everything or you want to provide clarification, just reach out again.

Not only viewable, but they should send you the results! As for only being given to one teacher, every teacher rating I have ever seen has had at least three teachers complete one. Behavior isn't my area of expertise, so I don't know if more than one teacher is a requirement, but maybe someone else can speak to that. Seems like you could argue it isn't a complete picture/evaluation.

They might be using just one computer for all participants in the same room, which creates its own problems, such as the parents can't see all participants at the same time. I would argue that this is in violation of allowing "meaningful parent participation" under the IDEA.

As Lisa stated, the first step is to request an evaluation. Do that AS SOON AS POSSIBLE to get the clock started (schools have 60 days from consent to completion of IEP and the sooner you get that process started, the better). Make the request in writing (an email) and follow up every few days if you don't receive a consent form (the 60 days starts from the date you give consent - NOT from the date you make your request). Request an evaluation in the areas of academics (pointing out specifically her struggles in the area of reading and writing). Provide them with your data. You could also request an evaluation in the area of social/emotion for her ADHD, unless you are good with the accommodations she already has on her 504 Plan (you would want to make sure all these get transferred over to the IEP document if found eligible). The school will very likely also insist on doing an intellectual/cognitive evaluation (IQ test), depending on what they use to determine eligibility for special education in the area of specific learning disability, unless she has one on file already. Once you receive the consent form, make sure it is checked off for all the areas you want assessed. If the school refuses to evaluate, request an Independent Educational Evaluation (IEE). Or you could have your own done (especially if what you have is "old"), which you may or may not be reimbursed for, depending on the outcome.

It sounds like he has a good team, so I would suggest asking for an IEP meeting. Regardless of issues, it's always a good idea to have a meeting during "transition" times, such as transitioning to middle school. All the things you suggest are very good, but I would ask the team to put them in writing under accommodations on the IEP document. Afterwards, touch base with ALL of his teachers (or at least the ones that did not attend the meeting) and make sure they have seen and understand all the accommodations, ask if they have any questions, etc. Be nice, but get it on their radar that he struggles and needs these accommodations. As for accommodations, go to Lisa's website and look at her recommended accommodations for both ADHD and ASD. Specifically, I would ask for the following: 1) Student will spend no more than 1 and 1/2 times on homework than his peers. 2) Shorten assignments once mastery is shown. (For instance, if he understand the math concept being taught, only have him do the even problems for his homework.) 3) Extra time for assignments - 2-3 days in a common accommodation. (I would also ask for this on tests/assessments - both classroom and standardized.) 4) Chunking of assignments and instructions. 5) Frequent check-in's for understanding and being on task. 6) Device for typing for written assignments and assessments. 7) Speech-to-text for written assignments and assessment. 8)Oral assessments in place of written assessments. I happen to be in KCMO and give one free hour of consultation, if you're interested.

If the IEP does not designate a specific device and the speech device the school is offering satisfies the requirements in the IEP, you may not be able to get the school to use the privately-issued devise. You can ask that it be specified in the IEP, but you may not be entitled to this until it can be shown that the school device is not working for your child. I'm a little confused as to your comment that he has been he has been proficient with it for the past few years. Where was he using the device and showing proficiency with it? Was he in a different school or school district before? As for the argument that it would require your child to learn an entirely new system, that might depend on how burdensome this would be. I would definitely ask for an for an IEP meeting to discuss all of these issues and voice your preference, but you may be unsuccessful if the school device satisfies the IEP and the learning curve for the new device is not too steep. As far as access to the device, if that is written in the IEP, you may need to discuss with the team what "access" means and firm up that language. Is across the room sufficient to meet the "access" requirement? If there are reasons to answer this question as "no," then specific in the IEP that it needs to be on his desk. I'm a little confused on the facts of this issue, as well. When you say he "frequently scripts" on this device, is he scripting what the teacher is saying/instructing in class and is this written into his IEP that he can do this? How exactly is it disruptive to "listening to instruction"? Is he scripting random things that have nothing to do with the class instruction and so he is not listening? If so, maybe he does need to have the device away from him (across the room) when verbal instruction is being given. You can add language to the IEE that makes sure this doesn't become a slippery slope, and that he has access to the device when needed as an accommodation for accessing his education and as called for in the IEP.

I don't know what state you are in (you could check your state's department of education/special education website for specific requirements in your state), but the IDEA (federal law governing IEP's) does require a notice to parents that includes purpose, time, and location of the meeting, and who will be in attendance. As far as participants, I am not completely sure about this, but I believe the school district is allowed to just put titles on the notice. In other words, they could put "building administrator," but not designate the specific name of the principal or vice principal who will be attending. The IDEA also requires that the notice be given early enough for the parents to be able to attend "at a mutually agree time and place." If you are unable to attend the meeting time and date listed on the notice, reach out to the school immediately, let them know this, and offer up a couple of alternative dates and times.

Yikes, is right! Yes, if you had this conversation with the general education teacher verbally, you need to follow it up with an email stating "just to confirm our conversation on such-and-such date, in response to my inquiry regarding my son's IEP, you stated.... If you feel this is incorrect in any way, please respond to this email." Include EVERYTHING he said - he doesn't read IEP's, you should maybe speak to the special education teacher about moving him to the spec ed room, etc. Unfortunately, this could put you in a very awkward position with your child's classroom teacher, but it's probably necessary. You might want to reach out to the principal about changing classrooms. This sounds like the kind of teacher who is set is his ways and may not ever abide by the IEP document, and may dig in his heels even more when you start insisting that it be followed. I agree that you should reach out to the IEP coordinator for the school (I would inform him/her of your conversation with the classroom teacher immediately and regardless of whether or not you receive a response to your email.) Then I wouldn't let much time pass before you then follow up with an email to the school district's director of special education. This was a very egregious statement made by the teacher and an immediate response and escalation is warranted. I would suggest comparing the accommodations on your son's IEP with those listed on Lisa's website for learning disabilities, ADHD, and Autism and make sure you have everything that applies to your son. If not, reach out to the IEP team and request a meeting to get those added (they also could add them without having a meeting, but given the general education teacher's attitude toward IEP's, a meeting is probably a good idea for this reason, as well). Specifically and from reading your post, I would suggest an accommodation for homework - "student should not spend more than 1 and1/2 times on homework than his peers" is a very common accommodation for all three of these disabilities. With regard to math in particular, a modification of the homework can be written into the IEP that he only has to do even problems, as long as mastery of the topic is shown. Is the reading he is required to do on the grade level that he is currently able to read? He should not be asked to read a passage above his ability, unless he is given the accommodation of text-to-speech. Also, I would want it added into his accommodation that recess cannot be taken away from him if he does spend the requisite amount of time on homework and still does not complete it - a student cannot be punished for something that is a result of a disability! This should be brought up in the meeting, as well. Just curious... If you son has a learning disability, why is he not receiving services for this? Do his scores show he needs these services in either math or reading; i.e., how far behind is he?

It might come down to a matter of semantics. If the IEP states, as you do above, that the parent is "permitted" to attend all field trips, you may be out of luck. "Permitted" does not necessarily imply that the school will pay for it. However, if a parent attending a field trip is listed under accommodations as something that is necessary for the student to be able to attend field trips with his peers, then that accommodation (as any other would be) would have to be paid for by the school. If this is not the exact wording in the IEP document, I would get that changed. Because it does sound like this is a necessary accommodation.

The school CAN provide accommodations under the ADA and other disability laws, if applicable (but I'm not an expert in these), but they don't HAVE to provide suggested 504 accommodations until they do their own evaluation and implement the 504 Plan. For a 504 Plan, the disability and accommodations have to relate to accessing educations. Also, some providers may not establish that link.

You would need something more recent, anyway. When was the most recent school evaluation? It may be time to ask for a new one (if it's been at least one year since the last one). Ask for one in the area of academics. If you don't like the results of the school evaluation, you can ask for an IEE (as referenced in my earlier response) in the area of academics. It's also quite easy to determine all three of these. (The school should be able to do this, but you might want to confirm it for yourself.) Whatever reading level you think she's at, go back one level and print off a passage from the Internet for that grade level (so if you think she's reading at a 6th grade level, just to be sure, make sure she's good at a 5th grade level first). For accuracy, have her read for 60 seconds, subtract the number of errors (do not count inserted words or the same word missed more than once) from words read, divide by the number of words read, and multiply by 100: RAR = (WR - E)/WR x 100 [RAR is reading accuracy rate; WR is total number of words read; E it total number of errors] As stated above, she should be reading at at least 95% accuracy to be considered reading at that grade level. Fluency is "words correct per minute" or wcpm. [Sometimes it may be written as just wpm (words per minute), but it is important to count errors and get the CORRECT words per minute. If the school insists on wpm, just make sure the accuracy is also calculated and is at least 95%.] To determine fluency, have her read the passage for 60 seconds and take the total number of words read minus the errors to get wcpm. Comprehension is determined by having her read the grade level passage and asking 5 comprehension questions about it. She should get 4 out of 5 before moving on to the next grade level. (That's actually 80%, but I think I stated 90% above.) A lot of times when you're searching the Internet for grade level passages, they will come with comprehension questions. But you can make up your own.

A diagnosis in and of itself does not qualify a student for a 504. The data must show that the disability impacts the student's ability to receive an education. Think about why you want a 504. Does the disability slow down the student's reading and thus they need extended time or text-to-speech? Does the disability mean the student is spending more time on homework than their peers, so the accommodation for "no more than 1 and 1/2 times spent on homework than peers" is needed? Does the disability affect the student's written responses, so that additional time is needed or oral responses excepted? You've got to be able to show why the disability is affecting the ability to receive FAPE in the same manner as peers and base the request for a 504 and accommodations on that. Also, Emily is correct that you need to think of 504's and IEP's as distinct items. With respect to the IEP and the school district not finding eligibility when a discrepancy exists, I'd file a state complaint or go to due process. Unless I'm missing something here because it's in PA... You state there is a discrepancy and school district uses the discrepancy model, so what's their issue??

Let me preface that these suggestions for goals and accommodations are without knowing what your child's evaluation/present levels show and without seeing a copy of her IEP. In other words, some may not be applicable and will need to be tweaked. I suggest that if you do not have a recent school evaluation, that you request one (to confirm that she is "doing well," as they state.) You can request a school evaluation once a year. If you do not agree with the school's evaluation (you don't think she's doing as well as their evaluation shows), request an IEE (Independent Educational Evaluation). You do not have to give a reason other than "I do not agree with the school's evaluation," and the school must agree to the IEE at no expense to you or else must take you to due process. I will first address the specific issue regarding the states and capitals. You can ask for modifications to this assignment/assessment; for example, she is only responsible for 1/2 of the states (or more or less) and only the capital of the state she lives in (I would STRONGLY request she not be made to know the spelling of any other capitals - maybe just be given credit if she KNOWS it and can either state it in a verbal assessment or get close enough spelling-wise for it to be ascertained by the teacher). The states chosen could be based on those that follow spelling rules (which is a lot, because any vowel can make the schwa sound) - Alabama, Alaska, California, Delaware, Florida, Idaho, Iowa, Kansas, Kentucky, Minnesota, Mississippi (although in these last two the double consonants don't really follow a rule, so could be skipped), Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota (although the "k" is irregular), Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. (This is assuming she has been taught all the spelling rules.) The list should also include the state she lives in regardless of whether it follows the spelling rules. An accommodation you could ask for is that she be allowed to take multiple assessments; in other words, she is tested over 1/3 of the states one day, 1/3 another day, and the remaining states on a different day. (If they insist on capitals, as well, ask for the modification set forth earlier - either she be allowed to state the capitals verbally or get "close enough" on spelling.) As for goals, again, without knowing her specific present levels, it is difficult to help you with exact wording, but what you want addressed for her reading is accuracy, fluency, and comprehension - in that order. You need to start with the lowest grade level at which she is not yet at 95% accuracy (the recommended accuracy rate for an independent reading level). If she has 95% accuracy at a fifth grade reading level but not sixth grade yet, make sure her fluency is at a fifth grade level (download the Hasbrouck & Tindal chart to see what this is), as well as comprehension (should be at least 90%). If she has met all three for 5th grade, move on to a sixth grade level (if not, write goals for fluency and comprehension at a 5th grade level) - start with accuracy, then fluency, then comprehension - and then move on to 7th grade, etc. Suggested wording below: By the end of the IEP year, student will read a (5th grade?) passage at 95% accuracy on 4 out of 5 data collection days. By the end of the IEP year, student will read a (5th grade?) passage at 119 words correct per minute (*this is the 25 percentile for end of 5th grade in the chart referenced above - team will decide actual number) on 4 out of 5 data collection days. By the end of the IEP year, student will answer 4 out of 5 comprehension questions after reading a (5th grade?) passage on 4 out of 5 collection days. Common accommodations for dyslexia include: 1) Do not require student to read aloud in class unless volunteers or is given passage ahead of time; 2) Do not require student to take notes or copy from the board - provide teacher notes before and/or after class (or allow to tape record lectures); 3) Allow speech-to-text and text-to-speech for assessments and assignments; 4) Allow extended time on class and standardized assessments; 5) Allow extended time on assignments (two days is common); 6) Do not require student to spend more than 1 and 1/2 times on homework that her peers do (one way to reduce homework is to state "once mastery is shown" - in other words, don't have her do extra problems when she has shown that she understands a concept); 6) Do not penalize for grammar, spelling, or punctuation, unless that area is being assessed. Hope this helps! Carolyn

Hello! This is my area of expertise! I have lots of ideas, but wanted to respond now to let you know you'll be hearing back from me. I need some time to pull some things together for you. In the meantime, can you let me know what state you are in? Thank you, Carolyn Rowlett

I just realized I still may not have answered your question. If the data shows the need for a 504 or an IEP, then no, RTI cannot replace this and does not eliminate the need for either.

I am not in PA, so only responding from a general IDEA and 504 standpoints. Emily is correct that a school district cannot use RTI to delay evaluations for either a 504 Plan of an IEP. However, you may be asking if the school district can deny a 504 or IEP even after it does its own evaluation when the student has a diagnosis of something like dyslexia. With respect to an IEP, the answer is "yes." A school district can deny an IEP even to a student with a diagnosed disability. The key to qualifying for special education services is what the data (present levels) shows - not a diagnosis. A student with a diagnosis of dyslexia may not have low enough scores to quality. Qualifying for a 504 is less stringent. A disability is required, but that disability must impact the student's ability to receive an education. A disability is defined as a condition that impacts a basic life activity and included physical, emotional, and cognitive disabilities. However, as with an IEP, having a diagnosis is not a slam dunk. The disability must be impacting FAPE.

Unfortunately, I know of at least one state that has made a determination (after a state complaint was filed regarding this issue) that school districts do not have to "copy and paste" parent concern letters into an IEP document. So you may not get your exact wording in the document. HOWEVER, the school district DOES have to put all your parent concerns (that are related to the IEP) in the document whether by way of copying and pasting or paraphrasing your words. If they do not, ask for the refusal in a PWN. If they refuse the PWN, file a state complaint.

That is NOT an acceptable option and it is NOT their only one - it's the only one that is "convenient" for them. But it's not about the school district's convenience - it's about what the needs of the child are, and it sounds like you have ample data/evidence (the pediatrician's letter) that he shouldn't be on a bus this long. I don't know what state you're in and you can check your state department of education's website and/or call them, but when a child with an IEP changes districts, the new district usually has to either accept or reject the evaluation from the previous school district. If they accept it, they will need to follow the "old" IEP. So ask them point blank what in the IEP document they are unable to provide within a 30 minute bus ride. Then brainstorm with the team ways to provide those services within a 30 minute bus ride. Sometimes when you make them come up with specifics, they can't. They just want to bus the child off somewhere. If the school district rejects the previous school district's evaluation, then they have to do their own and come up with a new IEP document. In the meantime, the "old" IEP stays in place and the new school district has to provide comparable services until a new one can be put in place. If the school district insists on busing him, you need to decide if you want to do that temporarily until the issue is resolved. If you do, ask the aid EVERY DAY how he did. I would even ask to view the video footage from the bus every day. By doing these things you are collecting data to show the school district that the 60 minute bus ride is not good for him. However, I'm guessing since your pediatrician said it could affect his health, that you don't even want to try this option. In that case, you may need to pursue options in your procedural safeguards. I don't usually recommend jumping to due process, but this is very time sensitive and needs to be addressed immediately - if he doesn't take the 60 minute bus ride and the school district doesn't offer an alternative, he will be without FAPE daily. I would actually do four things at once: 1) Request another meeting and have your pediatrician attend. (You may have to pay for her time there, so make sure she can provide her advice/opinion at the beginning of the meeting and then leave.) 2) Ask for an IEE (Independent Educational Evaluation). I don't know if this is possible, but the best thing would be if the provider could actually ride with your son and observe his reactions to long bus/car rides. 3) File a state complaint (although those tend to drag through the system way too long). 4) File for due process. Normally, you would be advised to hire an attorney for this, but it seems to me to be a pretty slam dunk issue that you could handle on your own with your pediatrician there. Also ask for compensatory services for any time he was without FAPE because he couldn't do the 60 minute bus ride.