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Important
notice: The
responses provided are protected by law, and may not be copied or
otherwise reproduced without express written
permission of John F. Brower, J.D.
Remember: John is NOT your personal attorney. He is a nice gentleman
just trying to help.
Special Treat!
Here are 14 of the most John's most recent
answers all in one spot.
Question:
I understand that my school district is
in the process of amending its IEP form. As part of that process it
has decided to remove the box from the form that says: Disagree with
IEP and Request a Due Process Hearing”. When I asked about this, I was
told that the decision was made as a result of the 2004 amendments to
IDEA. Can the school do this? What about my rights to “stay put”?
Answer:
Click here to see John's Answer.
Question: We are currently in the process of creating
a 504 plan for our son, who is in first grade and has a severe
peanut/nut allergy. If he comes into contact with peanuts he is at
high risk for anaphylaxis. Washing hands will not work because of the
residue left on the faucets. I was told by the principal at the
beginning of the school year that, in order to have the children wipe
their hands, we had to supply the wipes and I needed to come to school
each day to pass the wipes out. Despite our efforts, he has had two
contact reactions at school this year. The expense of the wipes and
taking the time to come to school each day is becoming a real burden.
Can the school refuse to supply the wipes and make us come in every
day?
Answer:
Click here to see John's Answer.
Question:
Last week my child’s
IEP Team met to create a new IEP. I disagree
with the IEP, what are my options?
Answer:
Click here to see John's Answer.
Question:
Each year I get a note from my children’s school with a
list of supplies that I am supposed to purchase. This year on this
list are: five pencils, one big pink eraser, one set of Crayola
colored pencils (12 pack or larger), one Elmer’s Glue Stick, on
Fiscar’s brand “student scissors”, a pencil box for the pencils, one
spiral notebook (wide rule), two pocket folders, one box of Kleenex,
one backpack with no wheels, and finally, three boxes of flashcards;
one each for addition, subtraction, and multiplication. I don't
understand why I am required to buy all these items when I already pay
taxes?
Answer:
Click here to see John's Answer.
Question: We have requested an Independent
Educational Evaluation (IEE) at public expense stating that "we
disagree with and found inadequate" the school districts evaluation.
The Director wants us to tell him why and which evaluation (we had
two) that we found to be inadequate and which we disagree with and
why. How should I respond?
Answer:
Click here to see John's Answer.
Question:
Last year, when I saw my child’s record
folder it was about 1˝" thick. This year I requested copies of all his
records, and at best the file is less than ˝” thick. I suspect a lot
of records have been destroyed or moved. I have also requested that I
be given copies of all of my child’s records and they wish to charge
me a fee for the copies. What can I do?
Answer:
Click here to see John's Answer.
Question:
The use of seclusion and restraint in school
settings is a hot issue. If a school or school district does not have
a formal policy, should school staff continue to use physical
restraints methods if necessary and listed in the student's IEP or
should this practice be stopped until a formal seclusion and restraint
policy is written and training is provided to the staff?
Answer:
Click here to see Calvin's Answer.
Question:
My child has been found eligible for
special education services under the new Autism Spectrum Disorder
category (ASD - R 340.1758). Does not my child now have the right to
enroll in a public school for Autism? When I asked that he be enrolled
in an autism program I was told that since he was qualified for ASD
eligibility due to a medical diagnosis of PDD-NOS (Pervasive
Development Disorder – Not Otherwise Specified) he does not have
"autism" and therefore is not eligible for an autism program.
Answer:
Click here to see John's Answer.
Question:
My daughter is two years old and has just
been diagnosed with autism. When she turns three my school district
wants to put her in a PPI class. I think they want this program, as
they do not have an autism classroom for pre-school students in my
district. I would like her services to be started now. I would also
like an autism classroom because the class size is smaller and there
is more support staff. Can I request that these services start now?
What about having her bussed to an autistic classroom in another
school district? Can I insist that she has a 1:1 paraprofessional
assigned to work more closely with her?
Answer:
Click here to see John's Answer.
Question:
I have a child with a disability
who has "behavior" issues at school. Does IDEA 2004 change the
behavior and discipline laws that we're used to? If yes, what's new or
different from the old IDEA?
Answer:
Click here to see John's Answer.
Question:
My child attends a non-public K-12
school. What can I expect the private school to provide my disabled
son? What about the local public school?
Answer:
Click here to see John's Answer.
Question:
Our child is a special education
student and recently received a failing grade on his 4-week progress
report. Now we are told that our child has been declared ineligible
for any athletic competition until the next marking period. Isn’t this
illegal?
Answer:
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Question:
Our child currently has a §504
Plan. We feel that our child requires Occupational Therapy (OT) and
Speech-Language (S/L) services. Can these services be provided to our
daughter under her 504 Plan?
Answer:
Click here to see John's Answer.
Question:
Our child is a student with high
functioning autism. After attempts to mainstream our child that were
not very successful, we agreed to a change in placement to a
self-contained classroom for emotionally impaired children. Our
decision was based entirely on the classroom teacher, who we knew to
be very experienced and had taught children with autism. Two weeks
before school started, the teacher left. Now we have a teacher with no
experience and no supports in place for my son. What can we do?
Answer:
Click here to see John's Answer.
Question: My son has ADD, and while not
severe enough to be eligible under IDEA, it has been determined that
he is eligible for accommodations and modifications under §504. For
right now, we agree with that decision. However, when we ask for
different classroom accommodations and program modifications the
school people tell us we are not being “reasonable”, and under 504 law
all they are required to be is make “reasonable” accommodations and
modifications. From what I can tell
their definition of “reasonable” has to do with cost, how it will
impact the teachers workload, and that some of our requests (tape
recorder, etc.) may conflict with some parts of the teacher’s union
contract. Are they correct?
Answer:
Click here to see John's Answer.
Question: My non-disabled child's classroom
has been evacuated nine times in three quarters due to violent
outbursts of a special education student. The special education
student also uses profane language on a daily basis. He has also
injured students. I am told that his IEP Team has determined he is
not a threat and the disruption is acceptable. The Administration, so
far, is standing behind the IEP Team and IDEA. My question is - do
non-disabled students have any rights in this situation?
Answer:
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Question:
Is my disabled child subject to
high stakes testing?
Answer:
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Question:
My child is non-verbal and has fine motor
deficits. Since she entered the school system the primary IEP goal has
been to develop her ability to communicate using a dynamic display
augmentative communication device. This device will give her the
ability to some day move beyond completely and limited scripted
choices. My child is now 11 years old and in fifth grade, yet no
progress has been made on this goal. In my opinion, the reason that
there has been no progress is that she does not have her own dynamic
display device, either in school or at home to reinforce what she
would learn in school. I have given the speech therapist information
on how school systems can obtain such devices for short-term loans,
but no effort has been made to do so. At times, she has been given
sporadic access to a device belonging to other children in the class,
but this has been rare. She is enrolled in a POHI class. There has
also been a lack of expertise/training for the speech therapists
employed by the school system on using augmentative communication.
What options do I have to make sure the school system provides her
with the appropriate device and staff training to achieve this goal?
Answer:
Click here to see John's Answer.
Question:
My child is a special education
student. Last week he was tied to his chair and came home from school
with bruises on his arms and his neck. What should I do?
Answer:
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Question:
My question is how do I get the school district to pay
for my learning disabled son to go to a private school, when he is not
making progress at the school he is in?
Answer:
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Question:
My son is 6 years old and in the 1st
grade and attends a public charter school. I am having a battle with
his school. He was diagnosed with ADHD and ODD. He has been suspended
7 times this school year. Almost every day from November thru the end
of December, he has spent at least 1 hour in in-school detention. I
have been called several times to pick my son up from school. The
school policy is if he misbehaves, he is suspended from school, or I
have to pick him up from school. I have asked for 504 accommodations
and I get the same answer if he misbehave then there are consequences
and he will be sent home. Is there anything that I can do legally
about this situation?
Answer:
Click here to see John's Answer.
Question:
My question is in regards to a high
school special needs child. My child would love to take choir at the
high school she attends. However, whenever we ask about the class,
they say it is a "very competitive" class. I take this as code for
really meaning that she would bring down the level of their success.
Do I have a right to insist she belong? Finding classes to help her
mainstream outside of the special education classroom is getting
exceedingly difficult.
Answer:
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Question:
The local school district recently
certified my children as learning disabled. In my opinion, my children
do not require direct special education instruction or support
services. What they do require is just a few basic accommodations to
be successful in a regular education setting. That would include such
accommodations as extended time on testing, extended due dates on
written assignments, etc. The school district has refused to create a
§504 Plan, and will not even meet with me to discuss §504. They tell
me that as my children are eligible for special education that all
services and accommodations must come to them via their IEP. My
question is “are my children entitled to separate §504 plans?”
Answer:
Click here to see John's Answer.
Question:
My son was kicked out of a Charter
School for his behavior. I home school him now, but he has been
diagnosed with ADHD and the special needs are too much for me. I want
to get him back into school, but I know he needs a 504 plan in order
for him to be successful. What options do I have?
Answer:
Click here to see John's Answer.
Question:
My child was a special education student in one district and we
moved to another district. The new district where we live refuses to
give us the same services that the old district gave us. What can I
do?
Answer:
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Question:
My child is a special education student
and in a full day Kindergarten program where one-half of the day is
spent in a day care program operated by the school district. The day
care program is now refusing to allow my child to attend their program
claiming that my child must be fully toilet trained. Can they do this?
Answer:
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Question:
What are the requirements for a child to
attend school? How many hours must a school day consist of?
Answer:
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Question: We have requested
an independent educational evaluation and the school district has
agreed to the doctor we have chosen. The district says it will pay up
to $1000-1200 of whatever our private insurance doesn't cover. I
thought that the IEE was supposed to be at public expense. Do I have
to use my insurance?
Answer:
Click here to see John's Answer.
Question:
What is the timeline in
the Michigan for a re-evaluation (not initial evaluation) to take
place? In addition, should I receive copies of all evaluation reports
before the IEP meeting?
Answer:
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Question:
Is it possible to have my son's school pay for social
skills class from a private service provider?
Answer:
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Question:
My child is in the 8th grade and is and spends his day in
a special education classroom with a full time "one-on-one aide ever
since he was found eligible for special education services. Recently
the school hired a new Director of Pupil Services who has stated that
the school’s goal is to eliminate "one-on-one" aides and use one or
more classroom aides. My child has some pretty big health issues. Can
they take away his "one on one"
aide?
Answer:
Click here to see John's Answer.
Question:
My child is disabled and I believe that she needs
one-on-one help in school. The school
is not providing the one-on-one help or other services I think she
needs. Last week the school my
daughter goes to said that they couldn't handle her. I
asked them if they could give her one-on-one help at school and
they told me "No" so I said that I would
home school her if they would help me. They said "yes" when I signed
the papers and brought her home THEN they told me that they
couldn't help and that I was on my own.
Answer:
Click here to see John's Answer.
Question: My son who
attends a special and regular education classes at a public school
where he is required to wear a school "uniform"? My son is very
overweight and short due to growth hormone deficiency that requires
his clothes to be specially tailored for him. He is also
developmentally delayed, and he is legally blind. My question is – can
a school force a student to wear a uniform?
Answer:
Click here to see John's Answer.
Question:
I am a high
school teacher. Recently I found out that a student's grade from last
year has been changed without my consent. He failed the class because
of lack of effort. The mom had him tested and found that he has an IQ
of 89. She said the district was not meeting her son's needs. He does
not qualify for special education. Does a district have the legal
right to change my grade without my consent?
Answer:
Click here to see John's Answer.
Question: I have just
discovered that my child's Title I funded school has not complied with
the parent involvement requirement since 1996. The principal wrote and
disseminated a home/school compact on her own without ever holding a
parent meeting or even consulting the PTO organization. Parent
involvement in this school is virtually non-existent and clearly, the
administration prefers it that way. What recourse do concerned parents
have?
Answer:
Click
here to see John's Answer.
Question: What
can I do if an administrative complaint I made has been found valid
but nothing has been done to address what my child lost due to the
school not complying with IDEA?
Answer:
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here to see John's Answer.
Question: My
child has been diagnosed with depression and is receiving medication
and counseling. The school evaluated her and found her ineligible for
special education under IDEA as they claimed that her impairment did
not adversely affect her education. They never considered §504
eligibility and now at various web sites I see that she may be
eligible for services and accommodations under that law. When I told
the school this, they said "oh we have many students who are depressed
and take medications and we do not do anything special for them". What
should I do?
Answer:
Click
here to see John's Answer.
Question:
I am concerned
that my child's teacher has not been trained in my child's specific
disability and therefore has a difficult time understanding my child
or implementing my child's IEP. What does the law require?
Answer:
Click
here to see John's Answer.
Question:
My son is deaf and uses assistive technology
to assist his hearing. If the device is broken while at school who is
financially responsible to repair or replace it?
Answer:
Click
here to see John's Answer.
Question:
My child has been found eligible for accommodations under
§504 of the Rehabilitation Act for severe breathing problems related
to asthma induced by various airborne allergens and chemicals. His
§504 Plan calls for his classrooms to be sanitized daily and to be
free of chemicals. This year I found out that before school started
his room was chemically treated for an insect infestation and I was
told not to bring my son to school for a week. They did offer home
tutoring, which I refused. What can I do?
Answer:
Click here to see John's Answer.
Question:
Our son is an elementary school student with autism (AI).
Recently we went to an IEP meeting and discovered the school does not
have a speech-language professional available to carry out the goals
of the last IEP much less the one for next year. When I raised the
issue with the special education director, she verbally told me that
they are not going to write any goals for this school year when they
know in advance that they do not have professional staff available to
deliver the services. If the local school cannot fully service my
child, I see no reason to send him to school.
John's Answer:
Click here to see John's Answer.
Question: I
disagree with the proposed IEP. I expect to sign the form in
disagreement and request a due process hearing to resolve the dispute.
Until the hearing is resolved, I want to withdraw my child from her
current school and place her in an alternative program. What are the
ramifications of my action?
John's Answer:
Click here to see John's Answer.
Question: My
child rides the bus to school. Is there something in the law that
addresses what a 'reasonable' length of time is for a child with
special needs to be on a bus? From your experience, how can a parent
effectively deal with transportation issues, including being
reimbursed for providing our own transportation?
John's Answer:
Click here to see John's Answer.
Question:
Are there attorneys who represent students/parents
rights on a fee based on income and/or
contingent on outcome? Our school district
has on several occasions not provided services requested and
included in the IEP. Thank you.
John's Answer:
Click here to see John's answer.
Question:
I am a parent of
a child who has just been found eligible for special education
services. When I talk with other
parents of special education students and with school officials they
are always talking about the "law and rules". What
laws and rules are they referring to? How
do I become familiar with them?
NOTE: This is a very complex set of
questions that will be answered in a four-part weekly series.
John's Answer:
Part 1:
Overview
Part 2: The Federal Role
Part 3: The State Role
Part 4:
The Local Role and Suggestions
Download all four parts in one
document - pdf version
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Special Education Law