AT (assistive technology) is an evaluation to see if a laptop, Kurzwell, FM listening device, etc. will help your child access the curriculum. IDEA requires that an AT evaluation be done if your child needs help in accessing the curriculum. See below:

idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E324%2Ca%2C2%2C

In addition, you cannot consider whether a child needs AT without an AT evaluation.

idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CA%2C601%2Cc%2C5%2C

www.ldonline.org/article/Tools_for_Evaluation:_Assistive_Technology_Tools_Kits

www.connsensebulletin.com/cormiernov2.html

''School ended today for the summer and we do not have a copy of the changed IEP. Should we? ''

School is suppose to give you a copy before you leave IEP meeting.

As for CAPD, I was not referring to the child in the original post here. I was just hypothetically speaking. I'm sorry,I should have mentioned that.

I am not familiar with CAPD or heard this relating to my child.

Thank you! I know I still have to read and learn, but could you tell me: What is an assisted technology evaluation?

What you are experiencing is the usual snow job from the district.

For anything you want put on the IEP, put it in writing. Document, document, document. It's the first and most important rule in sped advocacy for parents. Document every single conversation, whether it was in person, on the phone, etc. An email will do.

What I would suggest is doing what is called a letter of understanding regarding the IEP meeting. Be very specific on who told you what, what you requested, what was decided, etc. Make a list of any refusals they gave you, i.e., no progress reports (rarely done, pffft), no Kurzweil (have you requested an AT assistive technology) evaluation? if not, I would. Anyway, in your letter re the meeting include all their refusals and request prior written notice on all of them. Wrightslaw.com does a good job of explaining PWN. Basically, it is a parental safeguard (that the school will never tell you about unless may in your 'rights' booklet) that requires the district to put in writing the reasons they refused your request. There are six specific areas they must address, like what other options did they consider, what evaluations were used in making the decision to refuse, etc.

Also, next time you go to a meeting, next to your signature, write 'attendance only.' That way they cannot say you agreed with everything that went on at the meeting.

Best thing to do is learn all you can about the sped laws. It's a very steep learning curve, but you have the advantage of timing, as summer is coming up.

Keep posting and learning!

I've got a few misstatements in one of my posts that I should restate -

''The best accommodation for issues with reading and writing can be written into any IEP and that's help at home at night from a parent or a tutor or a friend or anybody who's willing. ''

That should read - the best help can come at home at night from a parent or a tutor or a friend or anybody's who's willing. I'll stand by that but yes, that has nothing to do with an IEP - two thoughts ran together, many apologies.

But I do believe the best help - hard as it is - comes at home from parents and others willing to help. I'd love to be able to say the best help comes from school but in my experience - that hasn't been my experience. I've seen LD children - including my own - left to flounder regardless of the specifics of their IEP.
Enforcing the IEP is difficult if a school or even a single teacher does not want to comply. Uncle Sam may mandate an IEP but Uncle Sam doesn't show up at the teacher's door to remind her that it's a federal law and Teacher is in violation of it.

I wasn't aware the child in question had CAPD - has that been said? If not, I'd stand by my recommendations too particularly books on tape for children who struggle to read.

FIrst of all thank you for your replies! The many thoughts have already been invaluable. Talking to people with experience on this matter has given me many insights. This discussion group continues to be a excellent source of information and sounding board to share experiences. I realize now that the first thing I need to do is get further education on the process by utilizing the websites provided. On a more current note, we did refuse the changes and our daughter will continue to get special education one hour per day in 7th grade. We originally signed the IEP at the meeting with written documentation stating on it that we needed to review the consult option before agreeing to the new IEP. A few days later, I sent a letter stating that after reviewing the changes, we did not want to go to a consult basis but would like to continue to have the learning resource class one hour a day. School ended today for the summer and we do not have a copy of the changed IEP. Should we? One of the goals states "Given a topic sentence, she will research a topic and record 6 facts related to the topic four out of five consecutive attempts, as measured by student samples". Can I go back now, and request things like how will this be measured and during what time frame? Can I put it in writing about wanting written documentation from the special ed teacher (after being told it is rare during the meeting?). The special ed teacher my daughter will have was not in the meeting. This is where I am going into the unknown not knowing what will happen at the beginning of the school year. Is this the time to ask for more specifics?

kimbbows, what you are experiencing with the school is normal. You have to learn the special ed laws and use them. Schools know when you don't know the laws and really use this to their advantage. The best site to learn the laws is www.wrightslaw.com
But like you said, the process is very overwhelming.

Even parents who have been thru this for years say the same thing. But it's because *most*, not all, schools are just plain outright blantantly intimidating and will do anything to get out of helping the kids.

It's your choice wether to have your dd in the meetings, her saying she doesn't need and want help is exactly why they want her in there.

Anything you request, like you said the Kurzweil, if they refuse you then write and request Prior written notice. This is a part of the law I was mentioning above.

''Things like, at the end of the semester, our daughter will 'increase her oral reading fluency from 70 wpm to 75 wpm Okay....?''

The IEP plan has to state HOW they will do this.

''When I mention that I would like more written documentation (email offerd by teachers at this school) at the IEP review, I am told that this is rarely done.''

Request prior written notice for that refusal, too.

I understand your frustration. The process is complicated and biased to the school district (in my opinion!) and the meetings can be overwhelming.

It is great that you understand her disability. You are way ahead of many parents! You've also done a good job getting an IEE. It sounds like you could use a little help understanding how to navigate the sped process.

I have a three ideas for:
1. Attend training on the Sped process. Each state has a PTI who's purpose is to educate parents on the special ed process. I do trainings for my state in the area of Basic Rights and IEP's. It is so validating to see parents go off with more confidence and competence after the training! www.taalliance.org/ptidirectory/pclist.asp
2. Read up on your rights. Start with From Emotions to Advocacy www.fetaweb.com/
3. Consider hiring an advocate. A parent advocate can help you during those tense and overwhelming IEP meetings. When I work with parents, we are able to cut through some of the smoke and mirrors and run around that often happen. In time, the parents become more confident and skilled to handle the meetings themselves. Here is a good article to help you www.fetaweb.com/help/retain.advo.bollero.htm
Your PTI may have a list of advocates and here is another source www.yellowpagesforkids.com/

You are not alone in feeling confused. Even though I advocate for a profession, I bring an advocate along for certain meetings. It's hard to be a parent and manage all the issues. Best of luck.

kimbbows -

Many of us are dealing with the same issues. The people who are supposed to be the experts can be ignorant and/or obstructive. It is indeed overwhelming. By the time we feel we have some idea how it all works, our kids are grown up.

My best advice is to keep learning and to bring people with you to the meetings who are more knowledgeable.

The goals they write sound like gobbledygook. They actually get these goals from a standard book about writing goals. The challenge for us is to keep pushing for explanations of why a number is significant and how the progress will be measured by whom.

We also spent some money on having an outside expert test our girls at the beginning and again at the end of the year so that we would have an objective measure. Our district has a habit of using so many different test scores that apples keep getting compared to oranges and bananas. then I made sure that the people in the meeting were apprised of our independent results as well as my log of several years of various scores which I compiled to find some comparisons.

Also, practice biting your tongue until it's well calloused. You need to keep your cool, or at least appear to. Nothing will diminish your role more than a reputation as fruitcake or loose cannon. Hand off to your spouse or adviser from time to time to allow yourself time to recoup your calm.

If you are not satisfied with the results, consult with an attorney who specializes in education matters. Sometimes you really don't need to go to court, but can get results from some help with strategy, references and a pointed letter or two.

From a parents point of view, I am alittle lost. I am college educated so I think I am fairly smart, but this whole process overwhelms me. When I get into an IEP meeting, the Learning Resource people start talking and my head starts to spin. In my hands I have a copy of a IEE that states all the LD issues and need for specialized assistance. I mention Kurzweil or a book on tape and I get blank stares. Our first IEP meeting was Spring 2008 and our LD tutor (another school district LD teacher) offered to attend as support. She was very happy with the accomondations they offered even though my husband and I were not sure we were getting what was needed. Things like, at the end of the semester, our daughter will 'increase her oral reading fluency from 70 wpm to 75 wpm Okay....? The only information I receive bi weekly are her tests from the main stream teachers and rarely heard anything from the special teachers. When I mention that I would like more written documentation (email offerd by teachers at this school) at the IEP review, I am told that this is rarely done. I feel I know enough about her LD but not enought to talk with conviction to her rights and I am surrounded by and psychologist, two homeroom teachers, a principal and an LD teacher. Now since she is 12, they want my daughter in the meeting who will insist she does not need extra help! I had to go to the distict level just to get an LD teacher to return my phone calls when we moved here!
Can you tell I am frustrated and scared????

thanks so much michella!

Hi Jdeekdee,
I am glad that you chimed in. You are right that when an accommodation is in the IEP it must be followed. I think that what teachermom was trying to express is some of the "real world" difficulties that parents can run into when it comes to IEP's - especially at the MS level. DiHicks also talks about the difficulties that parents face when holding schools accountable to IEP's.

Teachermom has a dyslexic child that went through public school - she's been there and understands the pitfalls. She also teaches at a LD school and understands the importance of remediation.

I don't think the question is what accommodations should or shouldn't be in this child's IEP or what kinds of goals and services she needs - just whether or not the school make unilateral changes to the IEP - which they cannot. It is also important to understand and be aware of how to deal with the school to insure that things go as planned and to make sure the IEP has a chance of actually happening. Understanding the perspective of teachers helps a parent to understand, prepare for and head off push back.

I also believe at the Middle School level a child's needs often change. Perhaps because they have reached a certain skill level and most likely because the demands change and get more complex. In my opinion, once they've achieved a certain level of language arts competence, it is important for students to learn how to effectively use AT and other accommodations to get them ready for higher level learning and life. Parents need to make a thoughtful decision on when to move from remediation to accommodation - and how to make that transition. Along the way, parents need to put into place supports that insure skills do not erode.

My own severely dyslexic son has attended an LD school for 4 years. He will stay there for 2 more through 8th grade. His decoding stinks as does his reading fluency. But, as we near HS I want less time on reading remediation and more on AT. Why? There are diminishing returns on the reading instruction. I don't want him stuck in a room learning reading generalizations and practicing on lower level books for the rest of his life. He has a superior IQ and Beverly Cleary books just don't cut it any more.

It's time for AT so that he can access higher level material and develop his outstanding thinking and reasoning skills. I want him to learn Kurzweil and other programs so he can access higher level text and learn how to take notes, study, write using AT.

Children's educational needs change over time. Parents need to make informed decisions about when and how to re prioritize a child's IEP at each level of school. This re prioritization is most likely different for each student and each family. But, it should always be data driven and geared to meet the overall vision and long term goals.

That said - the school can't re-priotitize unilaterly. It must be a team decsion. And the team includes the parent and student (at age 15)

This is a long way of saying that at some point, reading remediation may not be the best way to spend time and resources. And, I think we need to be careful about suggesting that it would or wouldn't. We just don't have enough info in this case. Study skills, AT proficiency, organization, self advocacy may take a leading role at some point. Again, we don't know if it is the case for this student - but the parents should consider these issues and weigh them as they work with the team to build the IEP. But, the team (including the parents) need to decide this. Quite frankly this is why it is important to have annual meetings with annual goals. (Thank goodness this was retained in IDEA).

Just as an FYI - over the summer most LD schools do require 20-30 minutes of oral reading daily. I agree, this is not instruction. But it is practice and for some students that have reached a certain level of proficiency this would be adequate. Again, we can't say one way or another what this kid needs for summer programming. What we do know is that struggling readers need time on task in addition to reading instruction to retain skills. Teachermom is right on with this suggestion.

And - Sped teachers are not mandated by IDEA to be in all general classrooms to help kids on IEP. This often happens - but this would be the result of the services outlined in a child's IEP.

It is hard work to write a solid IEP and to make sure that it is followed. The parents are equal members of the team and they have a role in deciding how the IEP is written and holding the school accountable for implementing it properly. To the extent that parents understand the constraints of the school, they can be more effective in the advocacy process.

Wow, I know I said I wouldnt' be back, but I have to take that back, because so many parents here need help. That being said-

''Extended time can prove inconvenient to administer but if that's on her IEP I'd want to keep it there.''

It doesnt' matter if it's inconvient or not, if it's on IEP, according to federal law it HAS to be done.

Again--

''Nothing puts the hair up on teachers' backs these days like 'late' assignments and it does no good to annoy teachers. ''


''but what can a teacher actually accomplish in that time with some to many students all of whom have different issues?''

I really feel for the teachers on that one. Nonetheless, it has to be done. If I'm not mistaken, IDEA states that sped teachers are suppose to be in the reg ed classes to help the sped kids, so this shouldn't burden the reg ed teacher.
Put the blame for this one on the lawmakers.

''The best accommodation for issues with reading and writing can be written into any IEP and that's help at home at night from a parent or a tutor or a friend or anybody who's willing. ''

Uh, WHAT?? An IEP plan is somethat that SCHOOLS are suppose to follow, not parents! If there's anything in IEP that parents are suppose to do at home, who's going to make sure they follow it? Not the school, they don't even follow their part of the deal.

Students with IEP's are suppose to be taught by PROFESSIONALS in the field of the childs disabilty. If parents can do this, this is wonderful. But most don't.

And, issues with reading, writing, are suppose to be help by REMEDIATION in addition to accomodations.

Again -

''If she writes slowly and with errors, she should be typing - always and using Spellcheck and Grammarcheck - or dictating to someone willing to type for her.''



''If your daughter reads slowly, she can listen to her books on tape - they can be rented online.''

What if the child has CAPD? Wouldn't help at all.

''over the summer, have her read 20-30 minutes a day in books that are easy for her to read - that's the way to build 'coding skills'.''

Uh, I thought a specialized reading program implemented by a highly qualified specialist was the best for this?

Keep in mind that the LD school got her on grade level. Now if she doesn't continue with an IEP - she will fall back below grade level. The programs and assistance she was receiving was the reason she was doing well. I would contact an advocate ASAP and make sure she gets the help she needs in public school to keep her doing well. Grades in High School matter if she wants to get into a good college.

First of all, they cannot change the IEP unless the entire team (including you and your husband) agree. You have legal protection called Stay Put - which means that the existing IEP stays in place until all legal avenues are exhausted by the district to change it. You can accept parts of the IEP and reject others, leaving the old stuff in place. Be sure to read your Procedural Safeguards for details specific to your state.

www.bridges4kids.org/AA/q47.html

www.a2zedad.com/Stay_put.html


I am concerned that they told you that their concern was to work with kids that do not do average. I would send off a quick summary of the meeting and include this statement as part of your letter. You might say something like: We are concerned that you stated at the meeting that "your job was to deal with LD children who did not do average regardless of their IQ". Child's name IEP should be determined based on her needs, not her standing among other students on IEPs or the availability of services within the district......

You also mention that this was a re-evaluation meeting and that the last evaluation was in 2008. If the district is recommending a change of placement (and full inclusion vs. inclusion plus pull out would be a change) they must provide evaluative data to support this recommendation. As you consider the data, her current achievement AS WELL AS her ability to maintain the current rate of progress and ability to access to the curriculum should be addressed in addition to her current performance. The letter that DHFL provided should be very helpful during this conversation.

And as teachermom states - the move to 7th grade is a big one. I advocate for many families of MS students. I've observed many resource room classes. For the most part, the classes are made up of kids with a variety of issues - often reading and or executive functioning - with solid cognitive capabilities. I would ask to observe such classrooms in your district to determine if they are appropriate for your child. I have seen many substantially separate classrooms that are focused on teacher specific subjects (usually math and language). In general, these classes tend to have a wide range of capabilities and may have many of the social and academic issues your friend speaks of. Again, I would ask to see them. Finally, I've seen some remedial reading classes that are similar to what you would see in elementary. It is important to check the qualifications of the teacher, the profiles of the students and the curriculum. Quality varies widely.

Now - about the IEE. If the district has not conducted their own evaluation within the last 12 months, you cannot get an IEE (independent evaluation paid for by the district). But, you can request an evaluation from the district and if you disagree with it for any reason, request an IEE. You can always pay for your own evaluation, and the district must merely "consider it".

I'd start by reconvening the meeting, using the info you have from dhfl and as teacherparent suggests make the case that she is doing well because of the services in the IEP and w/o them will spiral downward. Sometimes having a follow up meeting demonstrates to the team you mean business and they'll be open to your point of view.

Good luck.

Extended time can prove inconvenient to administer but if that's on her IEP I'd want to keep it there. Have her use it judiciously - if there are classes for which she does not need the extended time, don't use it in those classes but certainly do keep it on her IEP.
Even if they give it to her for assignments, I'd say only use it for assignments when absolutely necessary. Nothing puts the hair up on teachers' backs these days like 'late' assignments and it does no good to annoy teachers. Try hard to have her get all her assignments in on time even if her IEP gives her extended time for them.

As to the hour a day in a Learning Resource room.... what class will she be missing to do that? How they fit that into her new schedule and what she will miss are questions I would ask of them. The skills you mention - encoding, decoding etc. - are not easily taught even in an hour a day. And they are skills that if taught are best taught in a 1 on 1 setting.

Also as your friend suggests the Learning Resource rooms of even Middle schools and certainly high schools are often 'holding tanks' -an hour a day in a Learning Resource room is a common offering on IEPS but what can a teacher actually accomplish in that time with some to many students all of whom have different issues?

If your daughter's issues remain in written expression - and reading? - that hour a day in the Learning Resource room may not be helpful. Will they allow her to do her homework there? If so, and if it proves a quiet place to get homework done, then it might be helpful to her.
The best accommodation for issues with reading and writing can be written into any IEP and that's help at home at night from a parent or a tutor or a friend or anybody who's willing. If your daughter reads slowly, she can listen to her books on tape - they can be rented online. If she writes slowly and with errors, she should be typing - always and using Spellcheck and Grammarcheck - or dictating to someone willing to type for her.
If reading is an issue - or even if it's not - over the summer, have her read 20-30 minutes a day in books that are easy for her to read - that's the way to build 'coding skills'. Have her write a single sentence every day - better yet, have her type it and have her proof the sentence using Spellcheck and Grammarcheck.
With that, you'll have her doing much more toward building her skills than will the Learning Resource room.
Good luck.

"We can write an IEP and a good one but in the best of schools that doesn't mean the IEP can be implemented."

I think what she means is that although the IEP is a legal contract, Middle and High School's are notorious for non-compliance. You will have to be very vigilant to see that the IEP is implemented as written. Been there, done that.

Also, anyone who tells you that 'that service isn't available' at the middle school level is violating IDEA. Whenever someone tells you that something is not available, not possible, we don't have it, etc., ask them how they will provide FAPE? Another good strategy is when they tell you things like 'student must be XXX yrs. behind to qualify,' ask for the written, board-approved policy that says so. Usually stops them in their tracks. Good luck!

Found it:

idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E101%2C

Can you post her scores from the re-evaluation? If you have them, go to millermom.proboards107.com and post them. There are lots of excellent test score interpreters there and you will get great advice!

IDEA says that just because a child is passing from grade to grade does not mean they are NOT eligible for an IEP:

"However, the Court in Rowley rejected the position that a student's advancement from grade to grade in the regular education program necessarily meant that the student was receiving a free appropriate public education. Rowley, 102 S.Ct. at 3049 n.25. Therefore, OSEP does not interpret the Rowley decision as relieving school districts of their obligations to provide appropriate special education and related services to individual disabled students who need them even though they are advancing from grade to grade."

Came from this OSEP letter:

www.listen-up.org/rights2/osep14.htm

I'm still looking for the direct quote from IDEA

Thank you so much for your reply. It is so helpful to hear the inside story of what really happens. FOr example, consulting never happening and teachers actual looking at the IEP. This is invaluable to know considerng the subtle pressure that is put on you to get off an IEP. The current IEP includes extended time for test and assignments but more importantly an hour a day where she is in a Learning Resouce room with attention on (LA) encoding decoding, comprehension, sentence structure and punctuation and written expression . I am not sure how much of this is really happening ( during he IEP they stress she is ahead of the rest of thoe class wiht higher needs), but I believe it is better to provide whatever we can at the school. Her last testing was Spring 2008. Since my last note, we stood our ground and got another year IEP with the Learning Resource class.
Here is another concern. A high school teacher I recently meet told me that it might be better to just get outside tutoring because as you get into higher grades, the special services classes are kids who have other issues in additon to their LD (home life, parenting etc...) and that keeping her in these classes puts her in the wrong crowd/learning enviroment. If she is already ahead of the class, is she going to be lost in learning that she already knows? Thisis opening up another worry for me. What do you think?

The transition from elementary school to Middle school can be a big one and 7th grade is often a roller-coaster year. That said, Middle schools tend to be larger than elementary schools and teachers are often up against it - they are doing all that they can. We can write an IEP and a good one but in the best of schools that doesn't mean the IEP can be implemented.
I think that's what they're saying to you though they can't say that outloud. I don't teach Middle School anymore but a friend who still does tells me that of her 28 math students - 17 have IEPs. She hasn't even read them all and this is June.
Also know that teachers never ask for help on a consultative basis - that's lovely language but it doesn't happen. What does her current IEP say? Extended time? What accommodations does it give her? What is it you want them to do for her exactly? That her grades are good matters little to the law which says a student identified with LD is entitled to an IEP. When was she last tested?
If you want her current IEP to continue, tell them that. Refuse (nicely) to sign off unless they have an IEP for you to sign. Tell them her grades are good because of her IEP and that without it, she'll spiral down.
Don't back down if this is what you want.
Good luck.

Take a look at this policy paper: www.ed.gov/about/offices/list/ocr/letters/colleague-20071226.html

"Dear Colleague Letter: Access by Students with Disabilities to Accelerated Programs

OFFICE OF THE ASSISTANT SECRETARY

DEC 26, 2007

Dear Colleague:

I am writing to advise you of an issue involving students with disabilities seeking enrollment in challenging academic programs, such as Advanced Placement and International Baccalaureate classes or programs (accelerated programs). Specifically, it has been reported that some schools and school districts have refused to allow qualified students with disabilities to participate in such programs. Similarly, we are informed of schools and school districts that, as a condition of participation in such programs, have required qualified students with disabilities to give up the services that have been designed to meet their individual needs. These practices are inconsistent with Federal law, and the Office for Civil Rights (OCR) in the U.S. Department of Education will continue to act promptly to remedy such violations where they occur.

As you know, OCR is responsible for enforcing two Federal laws that protect qualified individuals with disabilities from discrimination. OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and its implementing regulations at 34 CFR Part 104, which prohibit discrimination on the basis of disability in programs or activities receiving Federal financial assistance. OCR is also responsible, in the education context, for enforcing Title II of the Americans with Disabilities Act of 1990 (Title II) and its implementing regulations at 28 CFR Part 35, which prohibit discrimination on the basis of disability by entities of State and local government. Although this letter discusses aspects of the Section 504 regulation, Title II provides no lesser protections than does Section 504. Also relevant are the requirements of the Individuals with Disabilities Education Act (IDEA), which is administered by the Department’s Office of Special Education Programs (OSEP). The IDEA provides funds to States and school districts in order to assist them in providing special education and related services to eligible children with disabilities. The IDEA’s implementing regulations are located at 34 CFR Part 300. OCR consulted with OSEP in drafting this letter.1

As an initial matter, I want to commend the efforts so many of you have made to ensure that placement decisions for all students are based on each student’s individual academic abilities regardless of the presence, nature, or severity of a disability. I want to ensure that all of you are aware of the Federal civil rights requirements discussed below.
Prohibition Against Disability-Based Discrimination in Accelerated Programs

The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II. Discrimination prohibited by these laws includes, on the basis of disability, denying a qualified individual with a disability the opportunity to participate in or benefit from the recipient’s aids, benefits, or services, and affording a qualified individual with a disability with an opportunity to participate in or benefit from the aid, benefit or service in a manner that is not equal to that offered to individuals without disabilities. 34 CFR 104.4(a), (b)(1)(i), (b)(1)(ii); 28 CFR 35.130(a), (b)(1)(i), (b)(1)(ii).

Under Section 504 and Title II, a recipient may not utilize criteria or methods of administration that have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability. 34 CFR 104.4(b)(4) and 28 CFR 35.130(b)(3). A public entity also may not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered. 28 CFR 35.130(b)(8). Public school students with disabilities who require special education and/or related services receive them either through implementation of an individualized education program (IEP) developed in accordance with Part B of the IDEA or a plan developed under Section 504. 34 CFR 104.33. It is unlawful to deny a student with a disability admission to an accelerated class or program solely because of that student’s need for special education or related aids and services2, or because that student has an IEP or a plan under Section 504. The practice of conditioning participation in an accelerated class or program by a qualified student with a disability on the forfeiture of special education or of related aids and services to which the student is legally entitled also violates the Section 504 and Title II requirements stated above.

Please note that nothing in Section 504 or Title II requires schools to admit into accelerated classes or programs students with disabilities who would not otherwise be qualified for these classes or programs. Generally, under Section 504, an elementary or secondary school student with a disability is a qualified individual with a disability if the student is of compulsory school age. However, schools may employ appropriate eligibility requirements or criteria in determining whether to admit students, including students with disabilities, into accelerated programs or classes. Section 504 and Title II require that qualified students with disabilities be given the same opportunities to compete for and benefit from accelerated programs and classes as are given to students without disabilities. 34 CFR 104.4(b)(1)(ii) and 28 CFR 35.130(b)(1)(ii).

Furthermore, a recipient’s provision of necessary special education and related aids and services to qualified students with disabilities in accelerated classes or programs must be consistent with the Section 504 and Title II requirements regarding free appropriate public education (FAPE).
Free Appropriate Public Education

In general, conditioning participation in accelerated classes or programs by qualified students with disabilities on the forfeiture of necessary special education or related aids and services amounts to a denial of FAPE under both Part B of the IDEA and Section 504.

Section 504 requires a recipient that operates a public elementary or secondary education program or activity to provide FAPE to each qualified person with a disability who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s disability. 34 CFR 104.33(a). Under Section 504, the provision of an appropriate education is the provision of regular or special education and related aids and services that satisfy certain procedural requirements and that are designed to meet the individual education needs of persons with disabilities as adequately as the needs of persons without disabilities are met. 34 CFR 104.33(b)(1)(i). School districts may create a plan or other document to provide students with disabilities with FAPE pursuant to Section 504. The Section 504 FAPE requirement may also be met through the implementation of an IEP developed in accordance with Part B of the IDEA. 34 CFR 104.33(b)(2).
Part B of the IDEA requires that FAPE be made available to eligible students with disabilities in certain age ranges. The IDEA defines FAPE as special education and related services that: are provided free of charge; meet State standards; include an appropriate preschool, elementary school, or secondary school education; and are provided in conformity with a properly developed IEP. 20 USC § 1401(a)(9); 34 CFR 300.17.3

Participation by a student with a disability in an accelerated class or program generally would be considered part of the regular education or the regular classes referenced in the Section 504 and the IDEA regulations. Thus, if a qualified student with a disability requires related aids and services to participate in a regular education class or program, then a school cannot deny that student the needed related aids and services in an accelerated class or program. For example, if a student’s IEP or plan under Section 504 provides for Braille materials in order to participate in the regular education program and she enrolls in an accelerated or advanced history class, then she also must receive Braille materials for that class. The same would be true for other needed related aids and services such as extended time on tests or the use of a computer to take notes.

Conditioning enrollment in an advanced class or program on the forfeiture of needed special education or related aids and services is also inconsistent with the principle of individualized determinations, which is a key procedural aspect of the IDEA, Section 504 and Title II. As noted above, under Section 504, the provision of FAPE is based on the student’s individual education needs as determined through specific procedures--generally, an evaluation in accordance with Section 504 requirements. 34 CFR 104.35. An individualized determination may result in a decision that a qualified student with a disability requires related aids and services for some or all of his regular education classes or his program. Likewise, the IDEA contains specific procedures for evaluations and for the development of IEPs that require individualized determinations. See 34 CFR 300.301 through 300.328. The requirement for individualized determinations is violated when schools ignore the student’s individual needs and automatically deny a qualified student with a disability needed related aids and services in an accelerated class or program.

I urge you to use the information provided in this letter to continue to evaluate whether your school district is in compliance with these anti-discrimination requirements. OCR remains willing to continue supporting you in these efforts. We provide technical assistance to entities that request assistance in voluntarily complying with the civil rights laws that OCR enforces. If you need additional information or assistance on these or other matters, please do not hesitate to contact the OCR enforcement office that serves your state or territory. The contact information for each office is available online at: wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. I thank you in advance for your cooperation and assistance in this important matter.
Sincerely yours,

Stephanie Monroe
Assistant Secretary for Civil Rights

1 You may contact OSEP to address any issues that relate specifically to the requirements of IDEA. Contact information for OSEP is available online at: www.ed.gov/policy/speced/guid/idea/
monitor/state-contact-list.html.

2 The term "related aids and services" as used here is intended to include both the Section 504 requirements at 34 CFR 104.33(c) and the equivalent requirements under the IDEA, i.e. related services, supplementary aids and services, program modifications and supports for school personnel. See 34 CFR 300.34, 300.42, and 300.320(a)(4).

3 Among other things, an IEP must contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals; to be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and to be educated and participate with other children with disabilities and those without disabilities. An IEP also must contain an explanation of the extent, if any, to which the child will not participate with children without disabilities in the regular class and in these activities. 34 CFR 300.320(a)(4)-(5)."

You may also want to look up the Lillie Felton letter.

There is a group here at Great Schools for twice exceptional students that you may want to visit -- lots of resources cited: community.greatschools.net/groups/16042


Also MillerMom is a great reasource: millermom.proboards.com

(The letter cited above was found there at this link: millermom.proboards.com/index.cgi?board=Education&action=display&thread=2061)

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