OT- IEP question **NEED HELP** UPDATE PG2

[DisneyDreams4P&B]

I have looked everywhere and need the answer to this question.

If you have an original IEP done in one state (ME) and then move to another (GA) does the state where you now reside, have to uphold that IEP?.

We moved and original IEP had son recieving 1 hour per week of OT, one down here lowered it to 1/2 hour per week.

Therapist here is a pain in my you know what, (she actually sat in last IEP with her arms crossed and sulking in her chair like a five year old in time out, till she realized I was not getting the hour I wanted) so I am expecting a fight when we go in for permenant IEP. I have looked in so many places on the internet to try and find the answer and it is either not out there or I am looking in the wrong place.

Thanks in advance for your help....

 

[SueM in MN]

This site should help you:
www.pacer.org

I believe (but I am not sure) that the original IEP remains in force even when you move until a new IEP meeting is held in your new school. If you can't find anything specific on the Pacer Cneter site, they have links to resources/advocates in each state.

 

[Linda Bell]

From
http://www.doe.k12.ga.us/_documents/curriculum/exceptional/idea_2004_iep.pdf

Sec 614 (d)(2)(C) Program for children who transfer school districts.—

(II) Transfer outside the State. In the case of the child with a disability who
transfers school districts within the same academic year who enrolls in a new school,
and who had an IEP that was in effect in another State, the local educational agency
shall provide such child with a free and appropriate public education, including
services, comparable to those described in the previously held IEP, in consultation
with the parents until such time as the local educational agency conducts an
evaluation , if determined to be necessary by such agency, and develops a new IEP,
if appropriate that is consistent with Federal and State law.

When a student transfers from out of state with an IEP in effect, the new system in the
new state must provide FAPE that includes services consistent with the previous IEP in
consultation with the parents. Systems will begin to provide services once they can verify
the previous services that were provided in another state while they are determining
whether or not further evaluation is necessary to determine eligibility and develop a new
IEP within Georgia guidelines.


Linda

 

[FutureMrsC]

I'm 13 days away from becoming a certified interrelated special education teacher in Georgia.

Throughout my student-teaching experiences, any time a student transferred in from another school system, state, country, etc, the school upheld what paperwork (IEP or other forms from other countries) until a new eligibility (if the terminology didn't exist in the state) could be determined and a new IEP set up.

As far as being in GA, there are definitely some counties that are better at serving children with disabilities than others... but I'm sure that happens everywhere.

I'll hope for the best for you. I've attended so many IEP meetings now... I always feel for the parents.

 

[isla bonita]

It is a legal document but might just be in the state it was drawn up in. I would call the dept. of ed in the state you now reside and ask. They will be able to give you the correct answer.

Might be wis to know who you will need to speak to in your district. I always call know who is covering your district so you do not have to get the run around.

 

[belle&beast]

I am a speech pathologist in our school system. My experience has been that if a child moved in from another system, we have honored current IEP times until we have a reason to change those times- the child's abilities have increased and services decrease, or the child needed more service time. You can always ask for another conference to discuss results of goals, if you feel his progress is slow because of the decrease in service. I will tell you that 1 hour of OT is a lot compared to what they usually offer in our district, but that doesn't mean your son doesn't need it. Although now that I work in the preschool setting, the whole classroom is sensory and language based, so kids are basically getting 2.5 hrs of therapeutic intervention each day whether or not the therapist is in the room. Another thing you might consider is to look for a parent advocacy group in your area and ask them to help you with the legality and appropriateness of this change. They are also willing to attend IEP meetings to assist the parents. Good luck and I hope your child receives the services he needs.

 

[SueM in MN]

Another thing you might consider is to look for a parent advocacy group in your area and ask them to help you with the legality and appropriateness of this change. They are also willing to attend IEP meetings to assist the parents. Good luck and I hope your child receives the services he needs.

you can find a parent advocacy group by looking on the Pacer site. They have links to parent advocacy groups in each state.
This (form the Pacer links page) looks like it is the advocacy group that covers Georgia:

Parents Educating Parents and Professionals for All Children (PEPPAC)
3680 Kings Hwy
Douglasville, GA 30135
770-577-7771
770-577-7774 FAX
Toll-Free: 1-800-322-7065
Email: peppinc@peppinc.org
Website: www.peppinc.org

It is a legal document but might just be in the state it was drawn up in. I would call the dept. of ed in the state you now reside and ask. They will be able to give you the correct answer.

It looks like the information that Linda Bell posted is from the state of Georgia (where the OP moved to).

 

[judoha]

I will tell you that 1 hour of OT is a lot compared to what they usually offer in our district, but that doesn't mean your son doesn't need it. Although now that I work in the preschool setting, the whole classroom is sensory and language based, so kids are basically getting 2.5 hrs of therapeutic intervention each day whether or not the therapist is in the room.

Not trying to attack here at all but I am really sick and tired of hearing things like this in my state.

If a child needs an hour of OT a week, then that's what the child should get. It shouldn't be based on what other kids are getting or how much it costs. It's all based on the individual IEP. Keep good records and document your child's progress or lack of progress or regression. Ask for all the data. Get a very detailed and accurate present levels, write appropriate and measurable goals and then you have every argument you need for whatever placement/service hours your child needs. Without the present levels or goals, you have nothing.

In the same vein, so what if the room is sensory and language based? The classroom teacher or aide is not a speech path or an occupational therapist or whatever - it doesn't take the place of getting services from specialists in those areas. The teachers and para-pros *support* the specialists in related services but shouldn't be the primary providers of those services.

And also don't let them get away with comparing your kid to the other kids in the class... "Oh, little Johnny is the only child in the class who is able to drink from a cup, isn't that wonderful?" Comparisons are useful when comparing your child to how typically developing children are progressing but it just doesn't make much sense to compare otherwise.

Off my soapbox for five minutes...

 

[LuluLovesDisney]

I am an inclusion teacher and I can tell you that teachers of a transferred student are required to uphold the old IEP to the best of their ability until such time as a new IEP is created, excepting any limitations the school introduces. (example: students requires books on tape, but the school does not have any and the teachers' boss doesn't want to order any and she has to go through the Superintendent to get the materials ordered and approved.)

As students' abilities do change, IEP's are constantly in need of modification. A senior in high school should be able to need less modifications than they did in kindergarten (in theory).

The therapist seems entirely uninterested. Normally, I always suggest talking to the teacher before addressing it to administration (of course, I'm a teacher and I like that courtesy) Still try talking to her first, but if she is still not doing her job (that's what it is, plain and simple) you should immediately make an appointment to talk to the director of the Special Services program or whoever the therapist's boss is and see what can be done to help you. Usually bringing the attention to someone in administration will bring about a quick resolution.

Good luck!

 

[patchchild]

Another special education teacher here.

Yes, every state has to uphold the IEP from a different state. It is a legally binding document. The only way they can reduce serevices is if you sign the new plan with the reduced time on it. If you don't sign, they are legally obligated to continue fulfilling the services on the last signed IEP.

 

[DisneyDreams4P&B]

Another special education teacher here.

Yes, every state has to uphold the IEP from a different state. It is a legally binding document. The only way they can reduce serevices is if you sign the new plan with the reduced time on it. If you don't sign, they are legally obligated to continue fulfilling the services on the last signed IEP.

See that was not explained to me when we had our initial temp. IEP meeting. I was basically bullied into taking less time and my full rights were not explained or offered. You all have helped me so much that I am going in armed, ready and I will kill with kindness.

THANK YOU ALL

 

[eternaldisneyfan]

Like patchchild said, the old IEP stays in place until you sign the new IEP. It doesn't matter how many other people sign. If you don't sign they can't enforce it. Once everyone signs, it's a legal binding document.

Christamae

 

[Schmeck]

From
http://www.doe.k12.ga.us/_documents/curriculum/exceptional/idea_2004_iep.pdf

Sec 614 (d)(2)(C) Program for children who transfer school districts.—

(II) Transfer outside the State. In the case of the child with a disability who
transfers school districts within the same academic year who enrolls in a new school,
and who had an IEP that was in effect in another State, the local educational agency
shall provide such child with a free and appropriate public education, including
services, comparable to those described in the previously held IEP, in consultation
with the parents until such time as the local educational agency conducts an
evaluation , if determined to be necessary by such agency, and develops a new IEP,
if appropriate that is consistent with Federal and State law.

When a student transfers from out of state with an IEP in effect, the new system in the
new state must provide FAPE that includes services consistent with the previous IEP in
consultation with the parents. Systems will begin to provide services once they can verify
the previous services that were provided in another state while they are determining
whether or not further evaluation is necessary to determine eligibility and develop a new
IEP within Georgia guidelines.


Linda

There is language included above that gives the state leeway - they used the words comparable and consistent, and the phrase 'once they can verify' So, if the child is given OT, even if it is not the exact amount from the out of state IEP, then they are covered, to a point. Everyone can argue 'until the cows come home' about this interpretation, but the school can cover their butts pretty quickly by pointing out these words.

I'm glad the OP has been given some pointers here - IEPs are legal documents, but even legal documents can be interpreted in different ways. Think about the Constitution, and how it has been twisted in different situations across history.

 

[SueM in MN]

Like patchchild said, the old IEP stays in place until you sign the new IEP. It doesn't matter how many other people sign. If you don't sign they can't enforce it. Once everyone signs, it's a legal binding document.

Christamae

You actually have 10 days to sign it or tell them that you don't agree. If you don't sign it, it goes into effect in 10 days even without you signing it (that is so that the schools can start doing the IEP, there are some parents who would never sign it - not because they disagree, but just because they forget to, forget to send it back, etc).

 

[belle&beast]

Not trying to attack here at all but I am really sick and tired of hearing things like this in my state.

If a child needs an hour of OT a week, then that's what the child should get. It shouldn't be based on what other kids are getting or how much it costs. It's all based on the individual IEP. Keep good records and document your child's progress or lack of progress or regression. Ask for all the data. Get a very detailed and accurate present levels, write appropriate and measurable goals and then you have every argument you need for whatever placement/service hours your child needs. Without the present levels or goals, you have nothing.

In the same vein, so what if the room is sensory and language based? The classroom teacher or aide is not a speech path or an occupational therapist or whatever - it doesn't take the place of getting services from specialists in those areas. The teachers and para-pros *support* the specialists in related services but shouldn't be the primary providers of those services.

And also don't let them get away with comparing your kid to the other kids in the class... "Oh, little Johnny is the only child in the class who is able to drink from a cup, isn't that wonderful?" Comparisons are useful when comparing your child to how typically developing children are progressing but it just doesn't make much sense to compare otherwise.

Off my soapbox for five minutes...

Wow, I was trying to give support- let me explain more clearly. I agree that he should get the amount of therapy he needs. I stated that he should receive the amount of therapy he NEEDS even though 1 hour is more than I have seen in my experience. Also, the classroom being sensory and language based is a support for the goals and objectives throughout the week- it is NOT a replacement for direct intervention. The therapists will be there for their time, but in the meantime there is support all week. I also agree that children should not be compared with one another.

It seems like you have had some unpleasant experiences and I would recommend that you find a parent advocacy group in your state to help with your IEP meetings. I am very willing to work with parents and teachers and my goal is always the child's best interest. Maybe our preschool teams are unique, but we are really putting the child first.

 

[HopperFan]

IEP I brought with me was used (they considered it a temporary IEP) until they had completed their evaluation. Shortly after starting school they began a complete evaluation with all their own therapists to then write their own IEP. I was very unhappy with the inadequate psych evaluations available through the system (and I'm in a good one) but have been MORE than happy with the OT, PT, ST, Adaptive Art etc therapists we have worked with. When we first got here the OT evaluation said he didn't even qualify for any by their standards (even though it was in his previous IEP), but they gave it to him anyway. Can very much depend on the actual therapist, their attitude and their willingness to work. I have also requested an independent evaluation when I have been unhappy with their therapists (only required it in psych) and they paid for it.

And what I have seen with our change in states is that each state had it's own ways of interpreting the law. Where we came from a child can not return to school the year after they have turned 21 so many of our friends aged out last year. But here they will educate through the 21st year which means my DS got to go to school until his 22nd birthday which gave me an additional year.

 

[judoha]

It seems like you have had some unpleasant experiences and I would recommend that you find a parent advocacy group in your state to help with your IEP meetings. I am very willing to work with parents and teachers and my goal is always the child's best interest. Maybe our preschool teams are unique, but we are really putting the child first.

This may sound odd, but I actually have had pretty good experiences overall so far over three years. We've had one bad speech therapist (replaced after a semester) and one less than stellar therapist in another area (currently arguing with the schools about that one so I'd rather not say more).

I'd like to second your advice to all parents to get involved in local advocacy groups and/or your local special education advisory committee.

Even when the teachers put the children first, the administration is still going to try to provide the least amount of services they can get away with - at least where I live. You have to know the law and know your rights - don't expect the school to do it all for you. My kid has one of the strongest IEPs I've seen for her grade level and gets well above the "norm" for services because I've pushed for it and made the case starting in present levels and then getting good goals which required so much data that there was no way a half hour or whatever was being offered would suffice.

Now, getting the IEP *implemented*....that's a whole nother ball of wax....

 

[DisneyDreams4P&B]

We had our IEP today, it went very well, we did not get the hour a week of OT but compromised to 45 minutes. I was disappointed with the OT and her attitude (she made a comment that my son came up to her and gave her a hug but she wasn't a "touchy feely" type person). She really was very disrespectful during the meeting (my husband went for the first time and noted it as well), not paying attention and huffing and giving looks to another member of the team. Her lack of professionalism aside, the rest of the team members were wonderful and we are instituting some new things in his IEP, that will hopefully make a difference.

Thanks so much for your help, Don't know how I would do it without these boards!!!

Hugs to you all,

 

[HopperFan]

I have had persons removed from my DS's circle of educators, so if you truly feel she is not working in the best interest of your child, I would ask that she be replaced. If nothing else she may learn a lesson in respect when her superiors tell her you concern regarding her lack of respect for you and the others.