anyone ever go through rejecting an iep?

[brenalexacamp]

If I am not allowed to post this please let me know-anyone ever reject your child's iep? school cannot fullfill goals? restricted by liability issues and policys?
i did it yesterday-planning on sending to out of district placement on my dime then showing progress and seeking reimbursement.

I am scared to death- school starts in a week! My advocates and lawyer told me to hold on it is going to get nasty-
anyone give me their experiences and dollar amounts- i am looking at 30-40,000 initial outlay and pray they either get with the program or have a great hearing officer/judge

 

[WendyisDarling]

I have known of people doing it both ways. One sent the child to private school, showed progress, went through all the legal stuff and won. I believe the family spent around $40K. They are supposed to get it back, but it is taking a while (or took a while --no update in a few months so maybe they have been compensated).


Another family fought to get the school district to send child to private school and won. Out of pocket cost was less than $3000. They had a one hour consult with a special ed. attorney, who looked at the IEP and told them what to do. They had evidence from several professionals. They did private testing. The lawyer found a few legal issues during the consult. Key was they hired an education consultant who also worked as an advocate. They built their case on their own. Went through the typical hoops and finally scheduled an appointment with the school districts director of special education. When presented with all their information, the team decided on private placement. Unbelievably, it took less than 6 weeks from start to finish. The school distrcit knew, however, that they would lose for sure if it went to due process.

I have talked with some pretty aggressive and smart advocates. They often get private school placements. Cheaper than an attorney.

We have had issues this past year and chose to stay with the public school and insist they develop an adequate IEP and comply. We hired several private specialists to observe, test and document. We employ an education consultant/advocate now. She knows how to be sure the IEP's are written without loopholes and we have her observe from time to time to be sure the school is in compliance. It gets expensive but we are happy with the result.

Good luck! Hopefully, you can resolve in mediation and not need the full due process hearing.
Wishing you the best.

 

[SueM in MN]

I am going to move this to the disABILITIES Community Board, where it will be more on topic and hopefully will get more replies.

 

[kaffinito]

I rejected one a few years back, but I always make sure that my son's IEP's are either in October or at the end of April. That gives me time to "nice" the school district into giving me what I want for my kids.

The one time I had to reject an IEP, we argued back and forth for a few months, and then the school district ended up doing the additional testing I wanted, and they ended up agreeing with me. The next IEP was much better. I never had to hire a lawyer for it.

I wish I could be of more help - that has to be stressful for you and your family!

 

[Luv Bunnies]

Yep, we did it! I'm glad you said you have a lawyer because getting one would be my first recommendation. My second recommendation is to document, document, document! Write down everything that is said and save every single e-mail. Take a tape recorder to IEP meetings. All of that information can be used later if it comes to a hearing.

Our story in a nutshell - my son has Asperger's and was mainstreamed since kindergarten. He did OK in school, had his ups and downs but was performing at or above grade level in most subjects. We were able to choose his teachers and made sure he was with someone who was interested in and experienced with special needs kids. He had speech, OT and RSP services. Things were OK...until middle school. We could forsee problems with him having multiple classes and teachers during the day. We were concerned about how he would do with having to change clothes for P.E. We knew the increased homework load would be difficult for him.

At his end-of-the-year IEP, we requested that he be given a one-on-one aide. Everyone on the IEP team agreed but the case manager said the special ed director had to approve it - which he wouldn't do. We finally agreed on a push-in by a resource aide for 4 hours a day. But the resource teacher didn't want to spare her so he told her not to do it. So the IEP said our son was to have an aide but no one showed up. Finally, after a month they sent over a former yard-duty teacher. She couldn't spell simple words and taught him how to do his math completely wrong. We asked the special ed director, "What happened to the resource aide as the IEP states?" He replied by saying the new aide "is, in fact, a resource aide; the IEP is in compliance." It went on like this for 2 months.

The director continued to play games and totally dishonor our IEP. He even admitted verbally that it was out of compliance at one point. Meanwhile, we toured a school with an Asperger's program that we loved. We decided our only recourse was to hire a lawyer and let her negotiate for us. Within about 3 weeks, she got the district to offer our son a placement at the private school, paid-in-full. We gave her all of our e-mails and the director's replies. She was able to find several instances that would justify a fair-hearing and we would probably have won. The director knew he was in trouble so he offered us the placement.

We gave the lawyer a $5000 retainer. She used all of it and billed us about another $300 after that. It was worth every cent! Our son is starting his 2nd year at the private school and doing extremely well.

It can be done! I really feel for anyone who is going through this situation right now. It's tough. I hope it all works out for you.

 

[brenalexacamp]

thank you for your posts- we have an advocate who is a shark! and we retained the lawyer.
I rejected the iep and now feel like I am in limbo-monday I talk to the director of the school I want -I have been in contact with her all summer- Now I have to enroll him-they have never had a parent private pay before so I don't know how this will turn out-They have to figure it out too- I need to show progress for a month-then seek reimbursement from the school.

I sent my "as I told you" letter, everything is recorded on tape, the 2nd advocate on the team writes notes the whole meeting,

Thank God my dad and my sis can help me financially for a few months to get progress noted.

It is just hours and hours of negotiation- the sped director listened to all my concerns-went back and wrote the iep they way they could deliver it-and I said that is not a measurable iep-"increase adl's", "eat in a timeley manner",
"increase his knowledge of safety signs"
I want him to go out in the community daily and do real life skills activities-
the school's ins policy says no students outside the building

He needs to use a cell phone- they want him to use a landline- we haven't had landline for years-i don't think he could possibly remember all theose #'s
but he can scroll alphabeticaly for names- he does on his ipod!

Umm...no cell phones not allowed at school- can you say you can't do that in the microphone please?

funny- the people at the table making comments he's not ready until he reaches ins liability age never met bren, only his old teacher said he's not ready and they all jumped on the bandwagon. I felt bad for the teacher-she needs to support the school district- her job on the line

love when the assistant principal winks and smiles at you on the way out-

thank you I'd love to hear more

 

[LauraVV]

Did you get a good IEP advocate? There is an IEP advocate (more than one, actually) on Our Kids (www.our-kids.org). They may be able to give you some advice. IEP advocates can be expensive and I'd be sure to use one with good references but they can be invaluable. There are all sorts of requirements to be met for getting reimbursement from your district. Have you been through mediation?

 

[wvdislover]

I'm so sorry you're having these issues My DD11 has Asperger's. Our school system does not recognize and address autism spectrum disorders, so I was kind of left out in limbo. I have felt for years that she needed to have a full-time aide to help her with schoolwork and social issues, but I knew that would never happen. Her special ed teacher and her OT did what they could for her, but told me that my daughter was a real conundrum to them. She has so many issues, but was functioning rather well, under the circumstances. She was just holding her head above water, academically. Socially, she was drowning. We could have maybe gone to the school board to fight for more help, but it would have cost us money we don't have and may not have done us any good, especially as it could have taken a long time. There are NO special needs schools anywhere near us (maybe not even in the state). We decided it would be in our daughter's best interest for us to homeschool her, instead. It's not perfect. We have some really bad days, and we have some really good days, too. But, our DD is not being made fun of, belittled, or being set up by her classmates to get her in trouble. For now, this is our best option. She may never be able to handle being in a classroom setting, as she was so easily distracted, both internally and externally (just the sound of pencils writing). In fact, when we would go to school to pick up her younger sister, she wouldn't even be able to get out of the car, b/c she felt sick, as she was so worried that one of her former classmates would say something to her. I cringe to think of how bad it was for her.

I pray that you can get things worked out for your DS. Know, however, that if you can't, homeschooling MAY be an option for you. I found a few really good books to help me, so if you (or anyone else) needs to know about those, please ask me. This has been a long road, with lots of twists and turns, and a few times of smooth sailing. Unfortunately, in our public schools, some of our kids are getting left behind, despite the promise that No Child (will be) Left Behind. Good luck in your challenges. I hope your DS's new school will work well for him (and the rest of your family) and that you will be able to get all of your issues resolved!

 

[brenalexacamp]

thank you again for all your kind words-
I got an email this morning for a placement meeting-
a few days ago i sent a letter- as I told you at the meeting......
I rejected the iep-so now they want a placement meeting- my advocate agrees this is a good thing- hopefully they can meet next friday- that is the day for me and my advocate.

I think the no child left behind law is a good thing, however, the schools didn't get the funds they needed.
our speech therapists don't know how to use a augm comm device-how can they be responsible for that part- my son doesn't speak-he needs this.
My advocate said-let's sew your mouth shut and only allow you to speak for 2 hours a day-

I know the aides are not trained-the classroom teachers he had were not trained-I've scheduled trainings at the school-no one came
another training I wanted at the school- no room for us to meet-so they came to my house-but that has been my frustration

 

[Schmeck]

When you scheduled training at the school, was it during school hours? The school would have to find/pay for substitutes for coverage then, I would think. Or if one person 'double duties' someone else during the training, then IEPs are in violation.

If the training was for after school, or before school, people would have the added cost of finding childcare for their own children, and should be paid as well for that time spent.

Our school system has tried to schedule trainings during the year, it is very expensive. As you noted, NCLB did not arrive with any funding, budgets are very tight, and residents are really shocked when they look at a school budget and see the special education expenses. It's really hard for a school to go ask for more money from the town/city government.

I hope you have a successful meeting, and your son gets the support he needs. (I'd ask the advocate to be more careful how she talks at the meeting though - a sassy advocate can get you more trouble than help)

 

[brenalexacamp]

yes-we asked the principal when the best time for trainings would be- so he scheduled them- our school system is "in need of improvement" so they have 1/2 days every month specifically for workshops and trainings. my advocate is a shark but kills with kindness and listens well-I went to the wright's law seminar a few years ago- very helpful 2 days- boy talk about your head hurting- lots of info

I am so committed to my child-as I know all the moms on this board are-I used to go sit in the hall at summer program when he could not toilet himself- I didn't want a stranger doing it for 6 weeks
they thought I was nuts- but they gave me a chair outside the classroom- I read a lot and sometimes my dd came with me and played a lot of candyland!

 

[Schmeck]

The principal scheduled the trainings and no one showed up? I'd be interested in knowing the excuses for that!

Sounds like you have a smart advocate - you get more with honey than with vinegar in the long run. Vinegar may get you what you want at the time, but then people start labeling you and that reputation pretty much kills any easy co-operation with the system. Seen that happen quite a bit in my 5 years of IEP meetings.

 

[brenalexacamp]

well, school called and wants to set up a placement meeting- so we picked this friday-cross your fingers for me!
i don't expect they will give in on this day- they actually are pretty much hoping i will give in as school starts next wed!

I have an appt with the director of the new school, and I will talk to her after the meeting on friday and let her know how it went.

I could compromise in that if he goes this year- doesn't mean he's locked into going there for the next 6 yrs- as he gets older he can transition back into our community. and after our district gets trainings they need- the new school also does that- they want the kids in their communities making relationships where they live.

advocates are coming to make sure they don't trick me into anything and make sure my words are correct to seek reimbursement.

 

[letfuller]

I just read all of the posts and am curious as to how your meeting went last Friday. I am in process of writing an IEP for DD11...I don't feel the ones we have had for her in the past have been followed very well. Just wanted to let you know you are not alone and my thoughts and hopes are with you in this one!

~Linda

 

[bookwormde]

I do not know if your advocates have advised you of this fact, but as of 5/07 (US supreme court ruling) you as parent are allowed to represent your child in federal district court. While most parents are not that adventuresome it leaves a strong lever if you begin to find difficulties in the state process.

Hope you can get it worked out long before that point.

bookwormde

 

[brenalexacamp]

Well, in a nutshell, the meeting did not go our way-
they all of a sudden agreed an outside agency could take him out of school-in the community "as many hours " as I wanted.

not educational-babysitting-
no changes to make the iep more clear and measurable
could not produce all the "progress" he made-they can't find the box it is in


they really thought he would be at school on wednesday-the bus even came for him!

We went to the Monarch school of new england- an hour from my house- i took a leave of absence from work- he's been there 3 days already-
happiest kid in the world!-doesn't sleep on the ride home- to busy chatting- can't sleep at night- anticipation to go the next day

he's worked on edmark, planets-charlotte's web chapter book,
mars and planet project-made dog treats, homemade pizza, kayaked, shopped, recycle center, kayaked, delivered the treats to agway,
and had a little free time to explore the classroom-playdough, books,

I am exhausted- i drive him there -we leave @7 -I stay in the area and pick up @2:30
It is the best decision i ever made-
My district is still waiting for me to sign the written prior notice from last Friday- so of course i will reject
they handed me a folder for due process-now why would i use one of their reccomended lawyers?

We have a team meeting at the new school on Monday-We go to Children's hospital on the 18th for a communication consult-we've gone there every 6 months since preschool- he's now in 9th grade- my son uses a dv4 and really needs a new device-guess who is going to initiate a trial and get the ball rolling!

we will also be able to prove collaboration with school and children's-something my district avoided like a plague.
i told my husband- this is the way it should be- all kids should have opportunities-
When Bren was little we went to a professional center for handicapped children- they did early intervention and had a day school-I cried my eyes out going in there- how could I be in this life? like all new parents
This year, I am taking him to kind of the same place but hope, excitement, and feeling like the world is open for him to just take off in and be himself
and discover who he is.

Bren has down's so when he was very little i looked at the actor who played corky and emily pearl kingsley's son and had hopes for my child to speak like they did, be independent-and now he has a chance to be himself-come out from under the down's mask

 

[brenalexacamp]

An update- our school district sent us a letter requesting a mediation hearing- my lawyer and advocates agree- we can try- although we won't allow them to use it for a fact finding mission and will request their lawyer wait outside- my lawyer will be available by phone-doesn't want to come to mediation and take my money-my advocates can handle it- show him everything before I sign.

bren is doing awesome in his new school- He won 1st place for his flower arrangement they entered in the rochester fair this week- he was so proud.
They got the seed off the flowers and are going to replant and sell later.
He is swimming, kayaking, cooking, woodshop-in adition to AA his academic stuff- planets, reading-shopping

I am going to hang a mickey balloon over his head- we are going to disney when this is all over- celebrating..........A child getting the proper education!!!

 

[bookwormde]

Just some thoughts for the mediation, focus on the fact that the school was unable to meet your child’s “needs for an appropriate education” using that exact phrase. Also if there is any chance of getting a video of your child in the new environment and then showing it at the hearing and comparing it to the record at the previous school. In the end the best position to take is that when the school district develops a program equivalent or similar to the one your child is in now and can be provided and appropriate education (both academic and non- academic), that is the proper time to consider a return to the districts program.

I am sure your advocate and attorney have said most of this, but thought a little reiteration might help.

bookwormde

 

[brenalexacamp]

Oh thank you for your advice- you do sound like my advocate and lawyer! The new school has taken pictures and will video too-An aide from 5th grade stopped by my house today and was floored at him "chatting" It is the school-and they expect him to use his mt4-

keep us in your prayers!

 

[brenalexacamp]

an update-we go to mediation on th school's request- my advocate will be with me- any advice?
he will know real quick if they truley want to mediate or if it is a fact finding mission.

The school I placed him at is awesome- they found the switch that brought him to life!
they did a thorough assessment-found a lot of low tone-oral motor stuff too- recc a swallowing study( I totally agree), update hearing test- they are so professional and thorough at taking data.

my lawyer will be available by phone that day if we need him- he didn't want us to run up a bill-my advocate can handle this.