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Tollner Law Offices - Special Education Attorneys

Empowering Special Needs Families, Protecting the Rights of Special Education Students

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TLO BACK-TO-SCHOOL IEP CHECKUP GUIDE

Just like your child needs an annual well-child check-up with their pediatrician, your child’s IEP or 504 needs an annual checkup to assure it is effective. There is no better time than summer, so you can request an early meeting to make any necessary changes or updates. It is likely your child’s IEP was drafted 3-5 months ago and many times the meeting ended with promises to update information, add or revise goals, or have further discussions as to placement or services. It is just as likely that somebody dropped the ball and that follow up was never completed. Your child deserves to start the new school year with a well-crafted and effective IEP to give them the best opportunity for a successful school year. But, what does an IEP “Checkup” entail? Well, the following checklist will guide you through the most common flaws, weaknesses, and problems that plague far too many IEPs. You should start with the most recent signed IEP, as an unsigned IEP cannot be implemented. If you left without signing the IEP at the last meeting (something we always recommend) and did not eventually sign, or sign with exception than that IEP is not valid and the last signed IEP remains in force.

  1. Is all the Personal Information Correct – Review the 1st page (normally titled “demographic data”) and make sure all the information for you and your child is correct (particularly phone numbers and emails)
  2. Check Dates – IEPs must be reviewed annually, and assessments conducted every three years, commonly referred to as “triennial”
  3. Are your concerns accurately reflected – The second page of the IEP should have a statement of parental concerns. If they are not reflected or are inaccurate, draft a parental addendum indicating your concerns and desires and ask it be attached as part of the IEP.
  4. Is the eligibility category correct? – There are thirteen eligibility categories, and a student may have primary and secondary (or more, just because there isn’t a space on the form doesn’t mean an additional area of disability can be ignored). So you agree with the areas of primary and secondary disability listed?
  5. Areas of need – All known areas of need should be checked. These needs drive placement, services, accommodations, and goals.
  6. Are the Present Levels of Achievement still accurate? Kids can change fast. If your child made progress or regressed during the summer as that these changes be reflected in the present levels of performance. If you spent thousands of dollars for specialized tutoring, camps, or other programs over the summer you made need to significantly revise these levels, and subsequently the goals and objectives
  7. Annual Goals –
    1. Number of Goals – There should be a goal related to every checked area of need.
    2. Baselines- Each goal should have a current and accurate baseline, much like present levels these may need to be updated to reflect progress or regression over the summer.
    3. Measurable – Goals should be objectively measurable and progress determined by testing, work samples, or assessment. Don’t settle for “teacher observation.” Everybody should be able to agree that the progress on goals is real.
    4. Ambitious, but Achievable – The goal should be adequate to drive meaningful progress, but not impossible or unrealistic.
    5. Responsibility – Each goal should have a named individual responsible for monitoring progress.
  8. State Testing – The IEP should clearly state if the student is to participate in standardized testing and whether alternate assessments will be used. Additionally, appropriate accommodations and supports for the testing should be clearly spelled out.
  9. Accommodations & Modifications – All necessary accommodations and modifications should be listed. As your child gets older, ask which are helping and what else might help. Eliminate any unused supports, and add new ones that work. This is also where needed equipment should be specified (Chromebook, AAC device, Ipad, etc.)
  10. Transition Plan – Beginning with the first IEP in which a student will turn 16 assessment and goals related to three specific areas are required. Schools are responsible for preparing a student for post-graduation success in post-secondary education or training, Employment, and Independent Living Skills. These are some of the most important goals and are all too often neglected or minimized.
  11. Course of Study – It is never too early to discuss diploma track versus certificate of completion. As enticing as the thought of a diploma may be, graduating with a diploma exits the student from special education support when they would otherwise be entitled to services until age 22.

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David Tollner's avatar

About David Tollner

David brings his trial experience as a litigator, unique knowledge of special education process and services, and formidable passion to his special education practice. David has served as Executive Director of Pacific Autism Center for Education (PACE) and Rebekah Children's Services. David opened Tollner Law Offices in 2007 and has since built it into one of the largest disability law firms in Northern California, serving children and adults with special needs.

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  • Child Find Violations
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We were able to reach a satisfactory settlement agreement to avoid due process in our case. We continue to have an NPA provide behavior services for social skills, which is extremely important to us.

We love working with Bonnie! She has been wonderful, and we would highly recommend her.

Torrance Unified School DistrictTorrance, CA

Where to begin. Our child has had an IEP since second grade and never really got the type or level of support she needed. We finally had enough of her IEP team dragging their feet and seemingly talking in circles and hired a special educational lawyer. Unfortunately, our initial lawyer didn’t seem to “get” our child or her needs. After a year, we turned to Tollner Law Offices and worked first with James S. and then with David T. to evaluate and help remedy our child’s situation.

David and his te… Read more

San Jose Unified School DistrictSan Jose, CA

We found this office through a parent group that we trust a great deal. Wd’d never needed representation for an IEP and so didn’t know what to expect. We were very pleased with the process and outcome. Our attorney, Amanda O’Neil was all the things you want: professional, thorough and friendly. The thing we appreciated most was how easy it was to reach her and how quickly she responded to any/all of our questions. Her involvement in our IEP process is THE reason we were able to get the placement… Read more

Santa Cruz CitySanta Cruz

Bonnie Yates investigated mistreatment, discrimination, child abuse, and illegal actions against my kid’s right of receiving Free Appropriate Public Education. We settled with the district.

Redondo Beach Unified School DistrictCA

If you are tired of being pushed around by a district and your kid is suffering, David’s your guy. I could have said this in a more eloquent and less abrupt fashion, we have been through so much with SJUSD and were relieved that we were able to come to a satisfactory ending. Thanks again David!

San Jose, CA

Amanda was an excellent guide down an intimidating path to secure an appropriate level of educational support for our child.
We could not have navigated this process without her.
Amanda was patient, thorough, and we always knew that she had our best interest as her top priority.
We are so grateful.

Burlingame School DistrictBurlingame, CA

David Tollner has assisted us over the past 8 years as we have untangled many issues with two different school districts in San Mateo County. He is flexible, open minded, professional, efficient and direct while respecting the values and opinions of all parties involved. Highly recommend him if you are dealing with a contentious situation.

San Mateo, CA

Bonnie,
You are the best. Looking back on 2020, I am very grateful for all you did for our family. The genuine care you have for John is felt by us all the time.
Walking me through this process 3 times now and your winning at every turn has helped us in so many ways. It also allows him not to feel the pressure of knowing his schooling is expensive. With you in charge he knows we will get paid back. Most importantly, you allow John to feel justice is being served for how he was mistreated at scho… Read more

I’ve worked with two lawyers from Tollner Law Offices over the past six years, David Tollner and Bonnie Yates. Both attorneys are top-notch. I have two children who required their services. Both attorneys worked wonderfully with the school districts. They’re both very knowledgable about special education laws and guided my husband and me to get the appropriate accommodations and tuition reimbursement for our children. I feel very lucky to have had the opportunity to work with Tollner Law Offices… Read more

San Mateo-Foster CityFoster City, CA

I had been battling with the school district for years as things progressively got worse over time. I started the journey with a special ed advocate but soon realized I needed to have someone who knew more about the legal aspects of special ed as well as my child’s rights. I was recommended to Tollner by a friend and decided to meet with Amanda O’Neal to discuss our situation. After meeting with her I knew I had to take the next step and work with them. Amanda was the best, she listened with emp… Read more

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