IEPs and 504s

A Response to Intervention Cannot Be Used To Delay Or Deny An Evaluation For Special Education Services

What Is A Response to Intervention?

According to the U.S. Department of Education (USDOE), in its 1.29.19 Letter to Zirkel, “IDEA does not define RTI . . . RTI is only mentioned in IDEA when determining eligibility for specific learning disability. 20 U.S.C. § 1414(b)(6)(B) and 34 C.F.R. § 300.307(a)(2).”

However, the United States Department of Education has stated that, “States and LEAs have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of implementation of an RTI.”

Failing Grades Are Not A Prerequisite For Special Education Evaluations

Failing grades are not a prerequisite for special education evaluation and/or IEPs or 504s.

The Individuals with Disabilities Education Act (IDEA) states that child find must include “Children who are suspected of being a child with a disability under §300.8 and in need of special education, even though they are advancing from grade to grade”. (Emphasis added. See 34 CFR 300.111(c)(1).)

Accommodation Breakdown: Limited Time Testing

This accommodation addresses the amount of time a student will be tested.

For example, one student might need breaks after every 30 minutes of testing, while another student might not be able to test more than 1.5 hours per day.

What Is A Transition Plan?

Worrying about our children is what we do as parents, but helping our kids plan, prepare, and be ready for their future is supposed to be a team effort, with parents, their kids’ schools, and other agencies working together to help students who have disabilities. That team effort should be reflected in your child’s transition plan.

Transition plans are exactly what they sound like. They help students prepare for their transition from high school to whatever comes next in their lives.

What do You Say When the School Says “No”? You Ask, “Where’s the Beef?”

Parent:
The school keeps saying “No” to everything I request, even though I have data supporting my student’s needs for what I’m requesting. What do I do?
Answer:
You ask, “Where’s the beef?” (a.k.a. “Show me the data”)

It’s the Law: Comprehensive Evaluations

Whether your child is receiving an initial evaluation for eligibility or being reevaluated at a later date, the evaluation must be a comprehensive evaluation.

In the case of initial evaluations, §300.301(a) of the Individuals with Disabilities Act (IDEA) is your go-to regulation:

Each public agency must conduct a full and individual initial evaluation, in accordance with §§300.304 through 300.306, before the initial provision of special education and related services to a child with a disability under this part.

Accommodation Breakdown: Extended Time

How is extended time determined? What amount of time is the correct amount?

There is no one-size-fits all answer. It depends on the student and it could depend on the class, too.

Any number of things could lead to students experiencing fatigue, headaches, eye strain, and/or other struggles that impact them as the day progresses.

IEP Progress Reports: What Should Be Reported Vs. What Is Reported

What should be in Individualized Education Program (IEP) progress reports and what actually is in IEP progress reports often are two different things.

Imagine it is time for your annual work review. Your employer presents a report that states you didn’t make progress, or didn’t make enough progress, toward your goals for the year. However, when you read the report, there’s no data backing your employer’s decision, nor is there a performance plan for moving forward. You don’t know why you didn’t progress and you don’t know what you need to do in order to progress.

The same issues occur with IEP progress reports.

Category: IEPs and 504s