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Parents, educators, advocates, and attorneys come to Wrightslaw for accurate, reliable information about special education law, education law, and advocacy for children with disabilities. Begin your search for information in the Advocacy Libraries and Law Libraries. You will find thousands of articles, cases, and resources about dozens of topics:

IDEA 2004 l Special Education Law Advocacy
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Transition Planning and Your Child's IEP

teen boy doing homeworkWill your child transition next year?

As a parent, you have probably been thinking about your child's future for years. Schools are not required to address the future until your child is older, but they must have a transition plan in place before your child turns 16.

Does your child’s IEP have appropriate transition goals? Has your child made measurable progress toward these goals? How do you know?

IDEA 2004 requires Transition Services to be “results-oriented” to “facilitate the child’s movement from school to post school activities . . .” The law requires that Transition Services in the IEP be in place by (before) the child’s 16th birthday.

To find out what IDEA 2004 requires, read Transition Planning: Setting Lifelong Goals.  

IEPs must adhere to these requirements. In this transition article, you'll find these two useful checklists:

  • IDEA 2004 Transition Checklist
  • Transition Planning Checklist

Read Transition Planning: Setting Lifelong Goals, print and use the checklists, and find more resources about what parents and students must do to prepare for life after school.

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How I Got ESY Services After the School Said "No"!

Mom and two kidsHas the IEP team already taken the position that your child does not need ESY services?

Here's a success story about how one parent used the Columbo Strategy to give the team a way to change their position.

To learn what the Columbo Strategy is and how to use it, read How I Got ESY Services After the School Said No.

In this success story, at the IEP meeting, the team mentioned one criteria for ESY - "regression-recoupment." Period. No other options were mentioned. When they handed the parent a paper to sign, she was not prepared to sign it.

Learn the steps she took and what happened at the next meeting that caused the IEP team to change their position and provide the ESY services her child needed.

Find more resources and cases about Extended School Year.

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What IDEA 2004 Says about Changing Schools and IEPs

family with boxes moving locationsWill you be moving and transferring schools this summer? What will happen to your child's IEP when you change school districts?

The new school district must provide services that are comparable to the services in the previous IEP.

Read what IDEA 2004 says about Changing Schools and IEPs and the transfer of records.

Don't let personnel at the new school drag their feet about providing services. There is no provision in the law to wait one day, one week, one month or 90 days to provide services.

Read this article to find out exactly what the law says about services to students who transfer. Learn how you can use the Commentary to the Regulations to see what the Department of Education says about the regulations and IDEA 2004.

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Read This Article Before You Ask for a Paraprofessional

Mom and Dad with young sonA mother asks for advice after her child's teacher says, I Don't Care if He Has an IEP.

"Can I ask for a paraprofessional? I’ve heard there are other kids with ADHD in the class too. And even though two teachers for 30 plus kids should be fine, I think there are other children who could use the help." 

Sue Whitney Heath, who writes about reading, research based instruction, and creative advocacy strategies in Doing Your Homework, offers advice to this parent.

Read this article before you ask for a paraprofessional.

Then, even if you want a paraprofessional, don’t ask for one.

Instead, focus on the goals and accommodations in the IEP.

In Teacher Says, "I Don't Care if He Has an IEP," read Sue's excellent advice to this mom about what to request for her child.

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The Wrightslaw Way: A Special Online Community

http://rs6.net/tn.jsp?e=001fIBeiI-VXDHCkvG5i2yvljrLIb4lK91ZraF_-WUlIdCP5QeGZjHmy8tdKpdQu_pYQ-aJO96z8EGKrO4oyFCZxpPssS1EWKIyAba5wI8dUipI4WObiCAoZWExy_Oai33uThe Wrightslaw Way to Special Education Law and Advocacy is new and different.

When we post articles and requests for information or help, visitors offer advice and answers.

Read new posts about how to create SMART IEP goals for behavior problems, pros and cons of virtual schools, Pete's answer to a question about providing an independent evaluation to the school, and much more.

Learn how to post a question or a comment.

Visit the new Wrightslaw Way blog. Help create a special online community. If you were not one of more than 10,000 people who visited the Wrightslaw Way last week, check it out today!

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Life after High School: AKA " Flying the Nest"

students in college class"Does the community college have to accept the senior's IEP?"

"Does the IEP follow the student, or does the college reassess the student and write a new IEP?"

Many parents don't realize that IDEA does not follow their child into college. Post-secondary schools have no obligation to create a document like the IEP and there is no protection under IDEA.

Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act do provide protections for students with disabilities.

Find out more about Key Differences Between Section 504 and IDEA, from Indiana Advocate Pat Howey.

Section 504 Follows the Child, IDEA Does Not

When your child graduates from high school with a regular diploma or reaches the age of 22, his entitlement to rights under IDEA ends. IDEA rights do not follow the student into college or the workplace.

You need to make sure you and your child know what to expect.

Read Know Your Rights and Responsibilities and the Letter to Parents from the US Department of Education, Office of Civil Rights.

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Self Advocacy: Know Yourself, Know What You Need, Know How to Get It

We've told you that IEPs end after high school. So do the rights of parents under Section 504 and IDEA. Students need to advocate for themselves after public school.

college girl studying outside"Self-advocacy is the ability to understand and communicate one's needs to other individuals. Learning to become an effective self-advocate is all about educating the people around you. There are three steps to becoming an effective self-advocate...

Read about these three steps and find more great tips in Self-Advocacy: Know Yourself, Know What You Need, Know How to Get It by Nancy James.

Find Your Own Voice

Students who know how to present information about their disability and seek the accommodations they need are more likely to make a successful transition to life after high school.

Go to the Wrightslaw Self-Advocacy page for information about self-advocacy

  • skills
  • tips
  • guides
  • resources.

For students transitioning to college, vocational training, employment, or independent living, don't miss this information about learning self-advocacy skills.

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Do Colleges HAVE to Provide Accommodations for Disabled Students?

boy studying in college libraryUnlike high schools, which are required to identify students with disabilities and accommodate them, colleges are required only to have the services available. It's up to the student to make the institution aware of his or her disability and ask for an accommodation.

Why disclose your disability? One reason is that your disability has influenced your approach to learning, your determination, and many other things in your life.

Dr. Mike Brown, East Carolina University, says "Many universities are now getting the message about Section 504 ..." To better your chances of getting waivers of requirements from colleges, read his article Accommodations for College Students.

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Success Stories: Embracing Self-Sufficiency

The number of students with disabilities in post-secondary educational institutions is swelling. Students with disabilities across the country are getting an extra hand in transition to college and other continuing education programs.

Spend some time at College: Continuing and Higher Education. You'll find comprehensive information, articles, and resources you need when planning and preparing for a successful transition.

You won't want to miss "Embracing Self-Sufficiency" and other success stories about how university disability services are supporting and encouraging students to be their own best advocates.

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What is a Free Appropriate Public Education (FAPE)?

...and Who is Responsible for Providing FAPE?

Teacher and Students ReadingThe school is responsible for providing your child with FAPE. Your child's Individualized Education Program (IEP) is

the roadmap that describes how the school will provide your child with an appropriate education.

When you develop, review, or revise your child's IEP, re-read the Purpose of IDEA.

  • Is the IEP designed to meet your child's unique needs?
  • Will the goals in the IEP prepare your child "for further education, employment and independent living?"

The answers to these questions will help you determine if the IEP and the services it provides are appropriate.

Strike These Terms from your Vocabulary

Courts have held that while children with disabilities are entitled to a free appropriate education, they are not entitled to the "best" education, nor to an education that "maximizes" the child's potential.

Courts have also held that to receive a free appropriate public education, the child must receive meaningful educational benefit.

Read Who Is Responsible for Providing FAPE? to find out more about:

  • Educational Benefit
  • Vague Goals and Objectives
  • Improved Outcomes

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Four Lessons for Parents about FAPE

Girl studying1. Your child is NOT entitled to the BEST special education.

As a parent, you must eliminate the word "best" from your vocabulary when you discuss your child's educational needs. Remember: Your child is entitled to an appropriate education. not to the best education, nor to an education that will maximize your child's potential.

To understand these concepts - FAPE v. maximizing or "best" - read Loving Parents Want What's "Best" For Child - School Only Needs to Provide "Appropriate Program".

2. Parent testimony carries little weight in the eyes of hearing officers and judges.

Loving parents are biased. Parents want the best education for their children with disabilities. Testimony from parents about what their child needs is not persuasive and rarely carries the day.

3. School staff will testify that their program is appropriate about 99% of the time.

At least 99% of the time, school staff will testify that their program is appropriate and the best program for the child. (Note: School staff can and do use the word "best," but parents cannot.)

4. Parents must have experts who know the child and who are willing to educate the IEP team about the child's unique needs and what an appropriate program must include to meet these needs.

If you have a dispute with the school, you need to have experts in the private sector who have evaluated and observed your child. Experts must never use the terms "best" or "maximizing potential" in their reports or testimony.

Read the article about "appropriate" programs and the caselaw that supports this concept.

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How Can I Get the School to Provide an Appropriate Program?Boy Studying

Unfortunately, school culture often prevents school staff from realizing that sometimes, parents really do know what their children need.                                                                                                     

Read the story of what one mother did when her son fell further behind after entering special ed.

When my child entered special education, he was in the 2nd grade. His reading grade level was 1.3. He is now in the 5th grade. After 30 months of special education, his reading grade level is 2.3. 

Read How Can I Get the School to Provide an Appropriate Program.

Learn more about FAPE.

Here is a fact about your child's test scores.

All important educational decisions - eligibility, services in your child's IEP, educational progress - are based on test scores. Not grades, not subjective observations - test scores.

There's no way around it. To be an effective advocate, you need to know what tests measure and what test scores mean.

"But I'm just a parent. I didn't finish college. I can't understand this stuff!"

Some parents believe they can't understand test results. If you are in this group, it's time to change your beliefs!

Not grades, not subjective observations - test scores.

There's no way around it. To be an effective advocate, you need to know what tests measure and what test scores mean.

"But I'm just a parent. I didn't finish college. I can't understand this stuff!"

Some parents believe they can't understand test results. If you are in this group, it's time to change your beliefs!

In this issue of the Special Ed Advocate, we explain why it is essential that you understand your child's test scores. We include some amazing success stories from parents who used their children's test scores - and were able to negotiate with the school for good programs.

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Cold Hard Numbers and a Successful IEP Meeting

"I thought I would have to do a lot of persuasive arguing at the IEP meeting.

"I DIDN'T HAVE TO SAY A WORD!

"The IEP team had reviewed the objective data I sent before the meeting."

Does this sound too good to be true? This is exactly what can happen when you learn to present objective data on your child, the cold hard numbers from tests.

A therapist's notes say your child is "Doing better." The teacher says, "He's passing. His grades are good." What happens when subjective observations are not supported by test data? What happens when objective test data shows that the child is making little or no progress?

Read Cold Hard Numbers and a Successful IEP Meeting to see how one parent learned, then taught the IEP team that you can't argue with cold hard numbers.

The Numbers Do Not Lie

Still not convinced that parents must understand test scores? In The Numbers Do Not Lie - Charting Test Scores, you'll meet a parent who used test scores to make charts that documented her child's lack of progress. Then she asked the IEP team to explain these scores.

IEP team considering test scoresThe numbers didn't lie. The IEP team agreed with her and offered one-on-one services during the summer to improve her child's reading skills.

Remember: All important educational decisions - eligibility, the services in the IEP, educational progress - - are based on test scores.

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Using Test Scores to Determine Eligibility

consultation with evaluatorA parent writes,

"The school retested my daughter and said she was 'no longer LD' because her IQ is 'solidly average' and she makes good grades. They want to terminate all special ed services.

I disagree. She still struggles with reading and needs help. Is the fact that her IQ is average and she makes good grades sufficient to make this decision?"


Sue Whitney Heath, author of Doing Your Homework, answers:

If the school's criteria for determining a child's eligibility for special education are IQ scores and grades, this is incorrect and inappropriate.

Before the school determined that your child was eligible for special education, they were required to do a comprehensive evaluation and assess all areas of suspected disability.

Before the school can determine that your child is not eligible for special education, they are required to do a comprehensive evaluation and assess all areas of suspected disability.

Because grades are so subjective, the IDEA does not even mention "grades" or "passing grades" as a factor in determining if a child is or is not eligible.

To learn how eligibility decisions must be made and other legal requirements for determining if a child is or is not eligible for special education, read
Can the School Terminate My Child's Eligibility for Special Ed? Evaluations, IQ Scores and Grades.

Read more Doing Your Homework articles by Sue Whitney Heath.

Remember: All important educational decisions - from eligibility, the services in your child's IEP, how progress is measured  - are based on test scores. To be an effective advocate, you must learn about Tests and Measurements -What Your Child's Test Scores Mean.

Isn't it time you stepped up to the plate?

If the answer is "yes," you'll find a good tutorial in Chapters 10 and 11 of From Emotions to Advocacy. You can also read the article, Tests and Measurements for the Parent, Educator, Advocate & Attorney by Pete and Pam Wright.

We have more help. Because you need to master this material before the next IEP meeting, a new Wrightslaw multimedia training program, Understanding Your Child's Tests Scores, will be available soon. For more information, read on.

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Coming Soon! Understanding Your Child's Test Scores

Why are test scores so important? When you understand your child's test scores, you can -

  • identify your child's strengths and weaknesses
  • identify your child's needs
  • determine if your child is making progress
  • create charts that document progress or regression

And, all important educational decisions - eligibility, services in your child's IEP, educational progress - are based on test scores.

graphs on computerIn the new Wrightslaw WebEx training program Understanding Your Child's Test Scores, Pete Wright teaches you about standard scores, percentile ranks, subtest scores, composite or cluster scores, and subtest scatter.

Pete will teach you about the bell curve, mean, and standard deviations. You'll learn how to draw the bell curve and how to use your child's test scores to create powerful progress graphs.

Don't believe it? Every year, we train thousands of parents in our live programs. By the end of the day, they can draw the bell curve, with the mean, standard deviations, and percentile ranks. With Wrightslaw WebEx programs, you can go over the material until you master it. You want to master this material before the next IEP meeting!

Coming Soon! The newest program in the Wrightslaw Special Education and Training Series, Understanding Your Child's Test Scores, will be available soon.

If you subscribe to The Special Ed Advocate newsletter, you'll receive an announcement about the Special Introductory Offer for this new program. Watch your email this week!

Wrightslaw WebEx Training Programs

"This is advocacy training at its best..."

"As my husband drove home from the program, I pulled out my laptop and learned how to make the bar graphs you demonstrated during the program. What an incredible difference this made in the letter I was writing about my son’s test results. His strengths, weaknesses and needs were so much more apparent than in a list of numbers! "

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Specific Learning Disabilities: Discrepancy & Response to Intervention (RTI) Models

frustratedUntil Congress reauthorized IDEA in 2004, struggling children who needed help did not receive services prompty. Many had to “wait and fail” before receiving an evaluation. This led Congress to change the requirements for evaluating children who may have specific learning disabilities.

Schools "shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability ... [but] may use a process that determines if the child responds to scientific, research-based intervenion as part of the evaluation procedures ... " (Section 1414(b)(6) (Wrightslaw: Special Education Law, 2nd Edition, page 97)

This scientific, research-based intervention process is called Response to Intervention.

What is Response to Intervention? How will these new practices affect struggling children who have not been identified with specific learning disabilities? How will this affect the millions of children who have been identified with specific learning disabilities and who are receiving special education services? How will this affect you?

The devil is in the details. The success of Response to Intervention (RTI) will depend on whether it is appropriately implemented by highly-trained professionals - and this is likely to be a problem.

To learn why, read What You Need to Know About IDEA 2004: Specific Learning Disabilities - Discrepancy & Response to Intervention Models.

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RTI: Guidelines for Parents & Practitioners by James Hale, Ph.D.

Dr. Hale begins Response to Intervention: Guidelines for Parents and Practitioners by saying, "The field of education is never a dull place ... Over and over again, we see people get very excited about the latest ideas, buzzwords, and cure-alls for the education system." He encourages us to resist the urge to jump on the latest bandwagon.

Hale, Associate Professor of School Psychology, describes another new buzzword. "Response to Intervention." In RtI: Guidelines for Parents and Practitioners, he explains what RTI is, what it means for helping children learn, and how it can be used to identify children with specific learning disabilities.

Fixing a Broken System

Hale writes, "In the old system, there was regular education for 'typical' children and a separate special education for children with disabilities. Special education became a 'place,' not a service, and too many children in special education continued to struggle."

"Under the old system, children who struggled had to be labeled first with a disability. Many were labeled as having a specific learning disability (SLD) .... research challenged this method ... many children were identified but an insufficient number were getting special education."

A Solution? The Rise of RtI

RtI typically includes three or four 'tiers' of instruction.  According to Hale, "The basic ideas of RtI were developed over a century ago ... You collect data over time and adjust instruction until the child achieves success."

  • A teacher modifies instruction (intervention)
  • The child's progress is checked often (progress monitoring)
  • If the intervention works, the problem is solved
  • If the intervention does not work, you change the intervention and monitor progress.

Hale describes the Concordance-Discordance Model of SLD Determination. A child is evaluated and cognitive strengths and cognitive weaknesses are identified. This model uses cognitive and neuropsychological measures in a comprehensive evaluation.

Limitations of RTI


Dr. Hale acknowledges that RtI is limited by difficulty of establishing the criteria for the "scientific research based interventions" mandated by IDEA 2004 (20 USC 1414(b)(6)).

He also cites a lack of mutually agreed upon instructional methods and strategies for different academic subjects and in different grades. "Teachers may not be adequately trained to teach and may not have the knowledge and skills to use scientifically based instructional practices and assessments." Read more.

Response to Intervention: Guidelines for Parents and Practitioners by James B. Hale, Ph.D.is available as a printer-friendly PDF document and in html:

PDF: http://www.wrightslaw.com/idea/art/rti.hale.pdf

HTML: http://www.wrightslaw.com/idea/art/rti.hale.htm

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Defining and Identifying Learning Disabilities

testIn Alternative Approaches to the Definition and Identification of Learning Disabilities: Questions and Answers, Fletcher, Coulter, Reschly & Vaughn explain why adequate instruction for students with LD, identification must focus on assessments that are directly related to instruction.

Services for struggling students must focus on intervention, not eligibility. Special education must focus on results and outcomes, not eligibility and process.

Identification models that include RTI will lead to better achievement and behavior outcomes for students with LD and those at risk for LD.

Learn more about Response to Intervention (RTI).

In this issue of the Special Ed Advocate, Wrightslaw provides answers to frequently asked questions, directs you to specific sections in IDEA 2004, the Federal Regulations, or NCLB and offers additional resources for more information.

We've listed the questions by topic, so you can quickly scroll through the list and pick the ones you need.

For your information (and convenience), watch for more FAQs: Quick Picks on different topics in future issues.

Schedule for "Spring Training". Pete and Pam hit the road running in 2008 and have just returned from the West Coast. Four more conference opportunities are available this spring from Maine to Missouri. Check the full training schedule, make your plans, and register now!

Can't travel now? Train at home. Here's how.

Don't hesitate to forward this issue to other families, friends, and colleagues.

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Advocates and Advocacy

Need help? Not sure whether you need and advocate or an attorney? You know you need an evaluator, but don't know where to look for one in your area? Should you hire a consultant?

Answer: How Can I Find an Advocate or Attorney?

You've spent much time negotiating an effective program for your child, does that qualify you as an advocate? Would you like to become an advocate to help other families? What skills do you need to learn? What do you need to do?

Answer: So You Want to Be an Advocate?

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Behavior and Discipline

My child is a good student, but some teachers say he has behavior problems. Can I ask for a paraprofessional? Can they ask my child to leave the school?

Answer: Teacher Says, "I Don't Care if He Has an IEP," - Mother Asks for Help 

For how long can the school suspend my child? Are they just trying to get rid of him? The school knows about his diagnosis, why don't they give him help? What should we do next?

Answer: Can the School Expel my Child who has ADHD & Learning Disabilities?

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Reading

How do I get a teacher trained in Wilson Reading or Orton-Gillingham? Is a teacher "highly qualified" because she has taught for 5 years? 10 years? The school's reading plan isn't working - what can I do?

Answer: How Do I Get a Trained, Certified Reading Teacher?

What is a research based program? Does IDEA and NCLB require reading specialists to use a research based program with all their special ed students? Where do I find a list of programs and assessments?

Answer: Why Use Research Based Reading Programs?

Can I request that the school use a particular reading program for my child? Should I sign the IEP and be thankful for whatever I get? The school says I'm not entitled to tell them what to use - is this what NCLB says?

Answer: How Can I Get the School to Provide an Appropriate Program?

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Evaluations and Test Scores

My son's test scores are dropping and the school doesn't care. How can I measure his progress or lack of it? What can I do?

Answer: Test Scores Dropping, School Doesn't Care - What Can I Do?

I think my child has a learning disability. What tests should I request? How do I learn about evaluations?

Answer: My Child is Being Evaluated...What Tests Should I Request?

What is an IEE? Is an IEE a valuable tool? Who is financially responsible for an IEE? What happens when parents disagree with the school district about an IEE?

Answer: Independent Educational Evaluations: What? Why? How? Who Pays?

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