Iep experts!!

[figmentswife]

Thanks everybody.

Part of the issue is that until this point we have been completely spoiled. The elementary school has been AMAZING with my child. Anything I asked for was always done without question. We just never had a problem.

So you can imagine - this has my head spinning and for many reasons I am not happy. My husband and I are also looking at this IEP and wondering what else they think they want to do away with on their own. We've just been so comfortable which is why after 10 years of doing IEP's for him I have no idea what the legalities of this are. I should be a stinking expert but we never had to fight about anything.

Also a few people have mentioned that the signing only indicated that everybody was present and does not indicate acceptance. What does indicate acceptance on the part of the school? I know there is another section in the back that I have to sign or not sign and check off for the 15 day period if I disagree etc. But if I sign (which I did) WHEN does this IEP get to the point where it is a done deal? As stated I left the meeting with the copy of the IEP with all signatures etc. After that I did not hear a word from anybody about any dispute or changes to the IEP. The IEP was conducted on April 26th, 2011 for the 2011/2012 school year. So this meeting was nearly 4 months ago.

To cover your side, you need to write letter or email ASAP stating what was put into the IEP months ago, and how you disagree with their change since that time and request another meeting ASAP. In this letter/email 3 things are very important to say and do.....1) you disagree with change b\c the TEAM made a decision, and 2) that you have contacted your local Special Education Advocacy group and may have someone attend the next meeting 3) You are requesting that an Administrator be present at the meeting.....The request for the Admin ALONE will scare them. No one likes someone to to call their boss on them when they have done something wrong.

I had to do these things (per Special Ed Advocacy group in NC) and I did pay my sons therapist to be there when a teacher asked my husband in passing one day if my son was "off his meds" - my son is NOT ON MED's.....He has a reading & writing disability so he doesn't need med.s' But this meant that she never even read his IEP.

Good Luck, and hopefully this can get resolved fast and without much trouble....but stick to your guns and they may learn to not mess with you again.

 

[disneymarie]

An IEP is a legal document.

If the IEP specifically outlines/includes whatever modification or accomodation you are referencing, the school district is responsible for providing it as it is outlined. They cannot refuse to do so unless you hold another meeting and the "modification" is removed from your child's program. They are legally responsible to follow everything in the IEP as they agreed to in May.

Whatever is written in the IEP must be followed. Legally and ethically. Period. Call tomorrow and if you do not get a response, call your district's special ed dept. directly.

I absoluty agree.
Also, if you seek legal assistance, look for an attorney that deals with education law, not just one that you are acquainted with.

They may also be able to refer you to a professional advocate. The gal I had was a lot less then the attorney and the school system really feared her. I had to scrape the money for help, and the lady was worth a million. All the local school systems knew her, and her abilities to secure what ever the child needed.
SHE NEVER would allow what happened to your son. Makes me livid that they even Think that they thought that was okay.
Get an appointment for a meeting asap before school starts. Make everyone sign in. Be adament about the original document being honored.

If they wish to persue a change you will attain counsel and followup with Compliance Department. You may hit this issue again next year and be strong about it now. You do not want them refusing next year if you still need the accomadation.
THe first IEP my dd had, she was going to try just going to home room and first class, an art or computer class. Then they would give her a van ride home.,...that was how willing they were to work with dd to get over her anxiety issues. She even would have an end locker with only 3 in a section.
But, she still could not get even out of the car if I drove her there over the summer to go in the library or walk the track with her future teacher. We tried so hard. She is just still going through ongoing events that knock her backwards to achieve an in school bricks and mortar education.
This started in 5th/6th grade.

 

[goofy!]

I just wanted to point out that not every state has the IEP team members sign the IEP saying that they agree with it.

In IL, the team members only sign saying that they attended the meeting.

The only thing that would indicate that it wasn't agreed to would be a letter from the parents or the team member that didn't agree with it included with the IEP. From my experience, ISBE says that it doesn't have to be unanimous but no one person has more weight than another. In other words, a district rep can't override anyone else and neither can a parent.


To me, this is crazy but most of what IL does doesn't make sense to me either.

In our district, IEP's have been computer based for over 10 years now so we always leave the meeting with a copy and then get the final one in the mail a week or so later. I've never had the mailed copy be different than the one I got at the meeting.

Our IEP is valid immediately the day after it is written and in effect until exactly one year later. For example, if the meeting is April 12th, the IEP goes into effect April 13th and is valid until April 12th of the following year.

Actually, per IDEA 2004, the parent has more weight than anyone else. A parent has to approve any changes to an IEP after the IEP meeting is finished.

A parent is entitled to a final copy at time of meeting. If the parent requests it, it has to be furnished. No changes can be made after the meeting ends unless the parent approves it.

So, parents should always request a hardcopy before they leave the meeting as this will be the final document. Per IDEA, you cannot give a draft copy to a parent at the IEP meeting. It has to be the final and legal copy.

OP - you need to file a "due process" complaint with the school that they are not following the IEP.

The school has a 15 day window in which they have to convene a meeting.

Sometimes, just calling the district and using the right language, ie: "Johnny's IEP states that he is to receive x services. You are not providing them. I would like to work out a solution, otherwise I will file a due process complaint with the state."

Once a district knows the parents knows their rights, knows IDEA, things often change. They realize they cannot bamboozle the parent anymore.

And I feel for you. We were exactly the same way. Wonderful up until 7th grade when we were blindsided by a hastily hired sped teacher when our wonderful one's husband was transferred at the end of the summer. The new teacher was a nightmare. Unfortunately, because of the wonderful services we had received and our total trust in the school, the IEP was weak.

Never again. I did a crash course on IDEA to figure out what our rights were. Our lawyer joked that I knew IDEA better than she did and she just asked me what she needed to write in the letters to the school.


Due process complaint notice. Parents who feel their child's educational rights are being compromised must file a complaint with the school district (with a copy to the state) identifying the name and contact information of the child, describing the nature of the problem with supporting facts and a proposed resolution. A new provision provides that the school district shall file a response within 10 days unless the district within 15 days notifies the state hearing officer that it is challenging the sufficiency of the parent's due process complaint notice. The State hearing officer has 5 more days to make a finding. In addition to the obvious delay, of particular concern is that the complexity of filing for due process may have a chilling effect on parents.

Resolution session. Parents must go through a mandatory "resolution session" before due process. The school district will convene a meeting with the parents and relevant members of the IEP team within 15 days of when the school district receives the parent's due process complaint. The school district has 30 days from the time the complaint is filed to resolve the complaint to the satisfaction of the parents, after which a due process hearing can occur. This provision may encourage school systems to wait until a due process complaint is filed before trying to resolve issues. Attorney's fees are not reimbursed for work related to the resolution session.

Attorney's fees. Parent's attorneys may be responsible for paying the school system attorney's fees if a cause of action in a due process hearing or court action is determined to be frivolous, unreasonable, or without foundation. Parents may be responsible for the school system's attorney fees if a cause of action was presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. Obviously, parents should not file frivolous or improper causes of action, but it is important that school districts not use these changes in the law to intimidate parents. This could have a chilling effect on parents obtaining legal representation and filing valid complaints to improve their children's education.

 

[goofy!]

It is only mandatory that they give you a DRAFT of the grid/ service page not the whole IEP. Draft should be written on it also.

Not true. The final IEP must be completed at the IEP meeting.

Although IDEA 2004 strongly discourages all draft IEPs, if a school district must do one, it has to be done prior to the final IEP meeting and provided to the parent to review before the meeting.

The IEP must be finalized at the IEP meeting. No changes or amendments can be made after the IEP meeting without a meeting of the IEP team, which has to include the parents. Only the parents can say that they don't want to convene another meeting to redraft the entire IEP, consenting to amending the existing one with attached amendments.

Again, this is directly out of the Commentary section of IDEA 2004:

"With respect to a draft IEP, we encourage public agency staff to come to an IEP Team meeting prepared to discuss evaluation findings and preliminary recommendations. Likewise, parents have the right to bring questions, concerns, and preliminary recommendations to the IEP Team meeting as part of a full discussion of the child’s needs and the services to be provided to meet those needs."

"We do not encourage public agencies to prepare a draft IEP prior to the IEP Team meeting, particularly if doing so would inhibit a full discussion of the child’s needs. However, if a public agency develops a draft IEP prior to the IEP Team meeting, the agency should make it clear to the parents at the outset of the meeting that the services proposed by the agency are preliminary recommendations for review and discussion with the parents."

"The public agency also should provide the parents with a copy of its draft proposals, if the agency has developed them, prior to the IEP Team meeting so as to give the parents an opportunity to review the recommendations of the public agency prior to the IEP Team meeting, and be better able to engage in a full discussion of the proposals for the IEP."

"It is not permissible for an agency to have the final IEP completed before an IEP Team meeting begins." (FR 46678)

 

[goofy!]

Section 300.321 of IDEA 2004 that states who is required to attend an IEP meeting:

(a) General. The public agency must ensure that the IEP Team for each child with a disability includes--

(1) The parents of the child;

(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(3) Not less than one special education teacher of the child, or where appropriate, not less then one special education provider of the child;

(4) A representative of the public agency who--

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general education curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency.

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(7) Whenever appropriate, the child with a disability.

 

[TheIncredibles!]

Section 300.321 of IDEA 2004 that states who is required to attend an IEP meeting:

(a) General. The public agency must ensure that the IEP Team for each child with a disability includes--

(1) The parents of the child;

(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(3) Not less than one special education teacher of the child, or where appropriate, not less then one special education provider of the child;

(4) A representative of the public agency who--

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general education curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency.

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section;

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(7) Whenever appropriate, the child with a disability.

We had all that. We had:
Me
My husband
my son(for about 10 minutes)

From the elementary school we were in:
Regular Education Teacher
Special Education teacher
Speech Therapist
Case Manager/Social Worker

From the high school he is transitioning to:
School Psychologist
Social Worker

 

[goofy!]

Section 300.322

Parent Participation in an IEP meeting

Sec. 300.322 Parent participation.

(a) Public agency responsibility-general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including--

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place.

(b) Information provided to parents.

(1) The notice required under paragraph (a)(1) of this section must--

(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and

(ii) Inform the parents of the provisions in Sec. 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and Sec. 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act).

(2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must--

(i) Indicate--

(A) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with Sec. 300.320(b); and

(B) That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative.

(c) Other methods to ensure parent participation. If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with Sec. 300.328 (related to alternative means of meeting participation).

(d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as--

(1) Detailed records of telephone calls made or attempted and the results of those calls;

(2) Copies of correspondence sent to the parents and any responses received; and

(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits.

(e) Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

(f) Parent copy of child's IEP. The public agency must give the parent a copy of the child's IEP at no cost to the parent.

(Authority: 20 U.S.C. 1414(d)(1)(B)(i))

 

[goofy!]

We had all that. We had:
Me
My husband
my son(for about 10 minutes)

From the elementary school we were in:
Regular Education Teacher
Special Education teacher
Speech Therapist
Case Manager/Social Worker

From the high school he is transitioning to:
School Psychologist
Social Worker

So, since they were in compliance with the attendees at the IEP meeting, your IEP is legal and binding.

They need to provide the services that all agreed to in the meeting.

 

[goofy!]

Section 300.323 of IDEA

The part that states that your IEP goes into effect asap after you leave that meeting that developed the IEP (I am posting these for you so that you can go in and say to the district "section 300.323.C.2 says you have to implement the IEP asap. Nothing like quoting exact sections of IDEA to make schools pay attention.)

Sec. 300.323 When IEPs must be in effect.

(a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in Sec. 300.320.

(b) IEP or IFSP for children aged three through five.

(1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is--

(i) Consistent with State policy; and

(ii) Agreed to by the agency and the child's parents.

(2) In implementing the requirements of paragraph (b)(1) of this section, the public agency must--

(i) Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

(ii) If the parents choose an IFSP, obtain written informed consent from the parents.

(c) Initial IEPs; provision of services. Each public agency must ensure that--

(1) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and

(2) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP.

(d) Accessibility of child's IEP to teachers and others. Each public agency must ensure that--

(1) The child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(2) Each teacher and provider described in paragraph (d)(1) of this section is informed of--

(i) His or her specific responsibilities related to implementing the child's IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

 

[goofy!]

And finally,

300.324.4
Revision of an IEP. Note that an IEP cannot be changed without the IEP team. And as shown above, the IEP team HAS to include the parents. Consequently, the school cannot change or modify an IEP without convening a meeting (section .6) with the parents present and the parents approving the modification. The parents are the only ones who can agree to modifying the IEP without convening a meeting.

(4) Agreement. (i) In making changes to a child's IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP.

(ii) If changes are made to the child's IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child's IEP Team is informed of those changes.

(5) Consolidation of IEP Team meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.

(6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.

 

[TheIncredibles!]

Well no update. Nobody answers the phone when we call and nobody is returning our calls. I still have a phone consult with one attorney tomorrow and just left another message for an attorney from a Childrens Advicacy group that my neighbors used to fight the same school I am fighting

Why can't they just follow the damn IEP that THEY agreed to?

 

[JoiseyMom]

Well no update. Nobody answers the phone when we call and nobody is returning our calls. I still have a phone consult with one attorney tomorrow and just left another message for an attorney from a Childrens Advicacy group that my neighbors used to fight the same school I am fighting

Why can't they just follow the damn IEP that THEY agreed to?

Cause they are trying to get out of it. But legally they can't. Just play hardball. And just threaten your attorney...they HAVE to give you waht they stated. He is avoiding you. GOod luck. Our DD has a 504 and we were warned that the HS is very different. We are had an issue with a teacher not giving DD extra time for a test, so I just sent an email to her guidance counsleor. WOw, was that teacher reamed....she was so mad unfortunately, she blamed DD for not asking for her extra time (but the problem was DD did). 1 year down 3 to go, then we start with DS, who does have an IEP. FUn times!! BTW...I am also in NJ.

 

[TheIncredibles!]

Just got the call. The school gave in... Of course it was presented to me as if they were doing us some really huge favor but if they want to think of it that way I don't care as long as they follow the IEP.

What a huge relief!!

Thanks everybody for the advice and support! Very much appreciated!

 

[debbi801]

I'm so glad it was resolved. I have a question for you, just because I wonder how it works when transitioning to the middle school or high school. Did the high school representatives also sign off on the IEP? Or did only the elementary school team members sign off?

I haven't had to deal with this too long, just since kindy and he's starting 4th grade this year. But so far, our school district is pretty strict in following IDEA 2004 protocol. We get a meeting notice at least 10 days prior (unless someone calls an emergency meeting and everyone agrees to waive the 10 days). We do get a draft version at least a week prior with the goal/service changes high lighted so that we have an idea going into the meeting what the modifications will be. We sign attendance at the beginning of the meeting. Review the IEP in full, both what was and wasn't planned on changing. The IEP is modified during the meeting as needed (if we want something added, don't agree with a change, etc.). Then, it is finalized in the meeting, printed, and everyone signs off on it. And yes, there have been times when a printer isn't working, a copier isn't working, etc. The school manages to find another working printer/copier. They again point out the changes in the printed document, make sure everyone is in agreement, we all sign it, and they give us a copy.

 

[daughtersrus]

Just got the call. The school gave in... Of course it was presented to me as if they were doing us some really huge favor but if they want to think of it that way I don't care as long as they follow the IEP.

What a huge relief!!

Thanks everybody for the advice and support! Very much appreciated!

I'm glad that it worked out for you. My only other piece of advice is to document how this modification worked for your DS. Keep as detailed records as you can because at your next IEP meeting, they may try and take it out of the next IEP.

 

[TheIncredibles!]

I'm glad that it worked out for you. My only other piece of advice is to document how this modification worked for your DS. Keep as detailed records as you can because at your next IEP meeting, they may try and take it out of the next IEP.

Oh he already said to me "Bear in mind this is only for this year. I am not sure what I can do for you next year". Fact is that I will fight next year and they will probably lose because it's in there for this year... but I will deal with that next April.

 

[TheIncredibles!]

Just wanted to send an update, clarify and say thanks to everybody that helped.

First off as you know we had issues, those were resolved. To clarify... I did not want to go into details because I was not sure if this would be a legal battle or not etc so I tried to keep details out. This whole issue was over transportation. Our son is 13 and is the EXACT same height and weight as my 7(almost 8) year old son. He is the size of a third grade child. Add to that the fact that he is Cognitively Impaired and we have no middle school - our school is 7th - 12th grades. So in the transitional IEP meeting I brought my son in so they could see him, get to know a little bit about him, then we discussed transportation.

DH and I were quite honest about it. We told them that we were not at all comfortable with him being on the regular bus with 17 and 18 year old kids. We discussed his Cognitive Impairment and his growth issues and gave that as our reasons for wanting him to be transported with other children with special needs on the Special Ed Bus or Van whatever they were running. The two school reps agreed that it clearly was the best way to go. We told them we only were going to ask for this for 2 years, after that our Daughter would also be attending the High School with him and she misses NOTHING and would not only be quick to defend him, she also has in the past gone straight to the Principal to tattle on anybody that even looked at him funny

So this whole thing was over them flat out just not WANTING to put him on the Special Needs bus despite the fact that it was clearly spelled out on the IEP. Mind you there is a child the next bus stop over from us (1/4 of a mile away) with Cerebral Palsey who is on the bus. So it is not like they were going out of their way just for him The bus als only has 3 other kids on it so it's not like it was full either. They just did not want to do it.

Anyway that is all over with and the school has been wonderful since. His case manager is a woman that was just hired (not the same guy that was at his IEP who we were hoping for) and she is wonderful. I went in to meet her with my son before school started and we discussed what happened and she reassured me that while her Boss may be looking at the $$ it is her job to do what is best for my son so please let her know if there are any issues.

We went over issues I had with his schedule(they put him in regular Gym even though I asked for adaptive and put him in French even though we discussed it would be a wasted class for him) and she fixed everything and he is where he is supposed to be.

In his IEP he is supposed to have access to a shared Aide for the entire day and this was to include him not being unsupervised during class changes and no changing in the locker room etc. While my son is not pleased, it is definitely happening because he is moaning every day that he is tired of the grownups following him in the hall. He just wants to walk by himself with his friends like the other kids He is all over the school though so for many reasons it is necessary.

He comes home every day with a smile and every day I relax a bit more. Today he was proud because he got his locker open all by himself on the first try! Just to do it at all is big for him but to get to this point after only a few days is just a relief.

So even though there was a huge bump and I was second guessing even letting him go there instead of pushing for an OOD placement - it seems to have all fallen in place and he is happy and I am relieved and feeling again like we made the right decision. Thank you to all of you for your part in helping me get to this good place where are at now

 

[LuvsDragonflies]

Great news! The most important thing is he is well, safe and happy.

 

[Goofyluver]

Very nice to hear.

 

[Lorix2]

So relieved for you and your son