Iep experts!!

[LuvsDragonflies]

Well I'd prefer to not have to sue... I just wanted to make sure my instincts were correct because the way the school was handling this was making me doubt this. I THOUGHT they had no choice but the school seems to think they would be doing me a favor IF they can take care of this "for me".

Oh honey, they wish you would let them take care of it for you. "Trust not your school officials for they will screw thee to the wall".

I'm getting that tattooed over my butt.

 

[goofy!]

In our district IEPs are not typed at your CSE meeting. The recs. are discussed and agreed upon. Then the IEP is typed and they are mailed. So while it may have been agreed to AT the meeting, the fact that it's not put on an IEP right then and there leads me to believe it's not binding. Of course I could be wrong, but this is the way I understand it (my son is 12 and has had IEPs since he started school). However, I would be writing a letter requesting a CSE meeting and hiring an advocate if met with resistance.

I just pmed you without reading the whole discussion so far!

When I was teaching, the signing of the cover page was just who was in attendance and not who/what was being agreed upon. Most times I had the IEP goals/objectives written already based upon the testing I had done with the student. And modifications I knew were necessary for that student. We went over the IEP and additions/deletions were made as a team. I did give the parent a DRAFT copy of the IEP (which was stamped DRAFT) at the start of the meeting so they could follow along, but then after the meeting a new copy was sent to the parent with all of the revisions.

Now, if there was a modification that was discussed and agreed upon by everyone there, then it should definitely be in the final copy you have received.

I would definitely ask for a meeting. I think that may be the only way to get immediate action. Especially with everyone getting back into the swing of things with the new school year. Have you tried calling the special education teacher and talk to her to find out why it was taken out?

Hopefully it all works out.

IDEA 2004 strongly discourages Draft IEP's. IF a district does an draft IEP, it needs to be given to the parent BEFORE the meeting so that the parent has time to review. The final IEP Must be done at the meeting with the parent present.

This is straight out of IDEA (Federal, so supersedes any state regulations)

"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)

 

[devonsmommy]

IDEA 2004 strongly discourages Draft IEP's. IF a district does an draft IEP, it needs to be given to the parent BEFORE the meeting so that the parent has time to review. The final IEP Must be done at the meeting with the parent present.

This is straight out of IDEA (Federal, so supersedes any state regulations)

"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

I left teaching in 2004 when I was put on bedrest with my pregnancy. I was stating what I did when I was teaching.

 

[torinsmom]

I would much rather the school to do what they agreed to do in the IEP than to sue. The problem is that you sometimes have to threaten a lawsuit to get them to do this. Many parents have no idea of their rights, and the teachers get away with not providing accommodations.

Sometimes my son chooses not to have his accommodations(like extra time on tests or using a computer for a short writing assignment) but they are available if he needs them. The computer one was a big struggle. I was being told there was not a computer for him to use in his English class(for longer assignments). They suggested he bring his own laptop to school, but I didn't think that was a great idea(he could use it for other things, lose it, have it stolen, it could be broken). There were lots of excuses until I let the IEP person know that I was aware of his rights. Suddenly, there was a computer available to put in the classroom. The school had plenty of extra computers, so it's not like they had to buy one. It was just easier to just ignore the IEP.

 

[TheIncredibles!]

I would much rather the school to do what they agreed to do in the IEP than to sue. The problem is that you sometimes have to threaten a lawsuit to get them to do this. Many parents have no idea of their rights, and the teachers get away with not providing accommodations.

Sometimes my son chooses not to have his accommodations(like extra time on tests or using a computer for a short writing assignment) but they are available if he needs them. The computer one was a big struggle. I was being told there was not a computer for him to use in his English class(for longer assignments). They suggested he bring his own laptop to school, but I didn't think that was a great idea(he could use it for other things, lose it, have it stolen, it could be broken). There were lots of excuses until I let the IEP person know that I was aware of his rights. Suddenly, there was a computer available to put in the classroom. The school had plenty of extra computers, so it's not like they had to buy one. It was just easier to just ignore the IEP.

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.

 

[daughtersrus]

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.

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.

 

[TheIncredibles!]

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.

I never got any indication - until now almost 4 months after the fact - that the school had any issues with the IEP. It's too late now for them to have a problem with it - correct?

The IEP was done on 4/26/2011. I know we need to do the next IEP meeting around the same time give or take I think a week or so but the IEP has an implementation date of 09/06/2011 so it covers all of the 2011/2012 school year and is in effect for that whole time. In april 2012 we will have an IEP for the 2012/2013 year.

 

[TheIncredibles!]

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.

Can I also ask what is the difference between the copy and the final one? What does the final one have on it that is different from the copy?

Our IEP's have been computerized as well.

 

[daughtersrus]

I never got any indication - until now almost 4 months after the fact - that the school had any issues with the IEP. It's too late now for them to have a problem with it - correct?

The IEP was done on 4/26/2011. I know we need to do the next IEP meeting around the same time give or take I think a week or so but the IEP has an implementation date of 09/06/2011 so it covers all of the 2011/2012 school year and is in effect for that whole time. In april 2012 we will have an IEP for the 2012/2013 year.

I'm not an expert, just a mom of a DD with an IEP and the mom of another DD that's a SpEd teacher, I would say that they have to implement the IEP as it's written until another IEP is in place. Either by them calling a new IEP meeting or until the current one expires.

I've found it very helpful to call our state board of ed and speak to someone in the special ed compliance dept whenever I have a question/problem. They usually can point me in the direction that I need as far as the law is concerned. That way if I meet any resistance dealing with the staff, I can say something like "According to the compliance dept at ISBE...". I think that it's important for you to let the new staff know that you know what your/your DS's rights are. In the past, I've found that if I don't, they will try insist that what they're doing/not doing is correct. If you want to send me a PM with what state you live in, I'd be glad to find some links for you that may help.

Remember that if you don't fight for you DS, no one else is going to.

 

[daughtersrus]

Can I also ask what is the difference between the copy and the final one? What does the final one have on it that is different from the copy?

Our IEP's have been computerized as well.

A few days prior to the meeting, we get a set of "draft" goals for us to review. They ask for our input on them. At the meeting, we may add some new goals, change the criteria of the draft goals...

At the IEP meeting, we will get copies of what is discussed at the meeting. Our final copy may includes the reports that the other team members (SLP, PT, OT, HI, VI, APE...) gave orally but weren't in the computer yet. There are no changes to the goal sheets, division of minutes, modifications... because they were agreed upon at the meeting.

 

[TheIncredibles!]

I am in NJ. Do they have a Special Ed Compliance Department? I am searching online and cannot find anything.

I called the school about this issue last Tuesday in the evening and left a message. Nobody got back to me Wednesday so I called Thursday. Spoke to a person who told me she got the message and the Director of Special Needs Services was supposed to have called me the day before. I explained that he did not so she transferred me to his voice mail. He called and left a message when I was out. I called back but he was gone for the rest of Thursday and was out Friday. We spoke Monday and met face to face briefly Monday. It is now 2 days later and still nothing. Even though we only met and spoke Monday - he was made aware of this issue last Wednesday so he's had a week. Should I be giving him more time or is this some sort of delay tactic on his part? That if he gets me to wait longer I have passed some timeline where I cannot force them to implement?

 

[daughtersrus]

I am in NJ. Do they have a Special Ed Compliance Department? I am searching online and cannot find anything.

I called the school about this issue last Tuesday in the evening and left a message. Nobody got back to me Wednesday so I called Thursday. Spoke to a person who told me she got the message and the Director of Special Needs Services was supposed to have called me the day before. I explained that he did not so she transferred me to his voice mail. He called and left a message when I was out. I called back but he was gone for the rest of Thursday and was out Friday. We spoke Monday and met face to face briefly Monday. It is now 2 days later and still nothing. Even though we only met and spoke Monday - he was made aware of this issue last Wednesday so he's had a week. Should I be giving him more time or is this some sort of delay tactic on his part? That if he gets me to wait longer I have passed some timeline where I cannot force them to implement?

I found this for you. It clearly states that they can not amend an IEP without a meeting.

http://www.state.nj.us/education/specialed/reg/training_files/frame.htm

11




IMPLEMENTATION OF N.J.A.C. 6A:14

SUBCHAPTER 2. PROCEDURAL SAFEGUARDS



Parental Consent, Notice, Participation, Meetings
vConsent is now required for:
- Accessing public benefits or public insurance and/or private
insurance [2.3(a)5; guidance]
- Excusal of IEP team member from an IEP meeting [2.3(a)6]
- Amending an IEP without a meeting [2.3(a)7]
- Waiver of a reevaluation [2.3(a)8]


Edited to add...

Here's another link http://www.state.nj.us/education/specialed/reg/training.shtml

I would call 1 (877)900-6960 and tell them that you're a parent of a child with an IEP and that you would like to speak to someone that can answer some questions for you. They should be able to direct you to the right department.

 

[TheIncredibles!]

Thank you!!!! I called and was transferred to somebody and had to leave a message. I also called the elementary school and spoke to the CST Secretary there and she gave me the # to the county office and offered some support too.

I just hate starting like this.

 

[daughtersrus]

Thank you!!!! I called and was transferred to somebody and had to leave a message. I also called the elementary school and spoke to the CST Secretary there and she gave me the # to the county office and offered some support too.

I just hate starting like this.

Let us know how it goes!

 

[TheIncredibles!]

Let us know how it goes!

Nobody from the state called me back yet. I called the elementary school and she gave the the # for the County office of the BOE. I was switched to a Dr. Somebody or other who was rude. I can't help but wonder if the high school called him already because I really was startled by it.

Told him I had a few questions, I briefly explained what the issues was, that there was something in the IEP we requested and trhe IEP was in place but the school was not making the modification. I was not rude etc just calm and told him I needed advice and some input on what the next step should be. His response was basically this: Well you could file a complaint but the modification is up for interpretation. When I tried to ask what that meant and how it could be interpreted differently he cut me off and said that since the elementary school "Made the promise" of this modification I needed to call them and have THEM call the High School to discuss this. Before I could even respond he said "If you have any more questions just call me back. Goodbye" ?????????

I tried calling the High SChool all day but the Director of Special Needs has not picked up and I did not want to leave a message. I did call and leave a message though for the one guy that was at the IEP and he has not called back yet.

 

[famofsix]

you might have better luck meeting in person...in our district we have a draft meeting and another meeting that typically rubber stamps the "draft" meeting. Typically, the parents do not attend the "rubber stamp" meeting.If a change is made on the draft then the the parent is able to call a meeting to discuss why the recommended accomdation is not being made to the next year's IEP. In our state, if you have professionals that meet the same criteria in determining what the "need" is, you may have them present this at the meeting. You can bring whoever you want to a meeting and you have the right to call a meeting anytime you feel it is necessary as per "due process"

 

[merrily]

Link to NJ Department of Education/Special Ed
http://www.state.nj.us/education/specialed/

There should have been someone representing special ed from the HS at the last IEP meeting. If not, it is not your problem that the HS now doesn't feel they can make the accommodations that are in place.

You may need to get an advocate or a lawyer. Sometimes merely the threat of getting one is enough.

You can request a due process hearing as well.

In my opinion, schools often try and get away with doing the bare minimum with special ed. Many parents either don't know, don't understand or don't care about their child's educational rights. You DO know so keep on fighting until your son received what he needs.

I feel for you. It can be a very frustrating process.

 

[Bella the Ball 360]

If you have a copy of the IEP signed when you had that meeting (and you had better, it's absolutely mandatory that they give you a copy of that AT the meeting) then bring it down to the office and request to see your advisor. They can't, legally can NOT, change the IEP without your express knowledge and agreement. Granted, I'm only experienced in my states particulars, but I'm 100 percent sure they can't void a contract like that.

You may need to get the lawyer in on it. Don't let them get away with this, it's practically 1960's thinking. Good luck. :

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.

 

[TheIncredibles!]

Link to NJ Department of Education/Special Ed
http://www.state.nj.us/education/specialed/

There should have been someone representing special ed from the HS at the last IEP meeting. If not, it is not your problem that the HS now doesn't feel they can make the accommodations that are in place.

You may need to get an advocate or a lawyer. Sometimes merely the threat of getting one is enough.

You can request a due process hearing as well.

In my opinion, schools often try and get away with doing the bare minimum with special ed. Many parents either don't know, don't understand or don't care about their child's educational rights. You DO know so keep on fighting until your son received what he needs.

I feel for you. It can be a very frustrating process.

The high school had 2 representatives there. One is the Social Worker for the school the other one was the School Psychologist. They were at this meeting. We discussed this specific modifaction at great length because it was a big sticking point for my husband and I. The two representatives agreed with us....

 

[RitaE]

The high school had 2 representatives there. One is the Social Worker for the school the other one was the School Psychologist. They were at this meeting. We discussed this specific modifaction at great length because it was a big sticking point for my husband and I. The two representatives agreed with us....

Have you tried calling the Social Worker? In my experience they're usually a bit more family friendly than the Special Ed department bureaucracy.