Thanks for your replies. Yes, this IEP meeting is the tri-annual review. My son's internal evaluation states that he should continue to recieve sevices, and the third party evaluation states the same. My son's speach and lagaue scores were all below average, and the speach/language therapists conclude that he should retain speach and language services. Everyone in the first meeting excpet the person in charge agreed that he should stay on the IEP. She made it seem like she was doing us a favor by having us meet to discuss a 504 plan instead of turning us down on the spot. We do nnot want to take a 504 plan, but since it's the tri-annual review, we feel like we may not have any say in the matter.
Did you sign anything in the IEP meeting?
My recollection is that the tri-annual review is about re-evalauting to check to see if the student still qualifies for services. In our case the special education district manager (or some such lofty title) showed up (uninvited, I think) about 1/2 way through the meeting and suddenly the room was quiet except for the manager. And they decided that our son no longer qualified.
The only advice we've ever gotten was that we would have had to take this to mediation or due process. We were going to but our outside evaluator backed down and said something like "Try what the school has to offer and see what happens". In your case you have written evaluations saying that there are speech delays etc, so maybe things would be different.
Maybe in the next meeting you should ask a whole lot of polite, tactful, politially correct, questions as to why management is overruling the technically qualified.
You TOTALLY have a say in the matter! The parents are full members of a legally constituted IEP Team. No member has more say than another. The TEAM is supposed to come to consensus. If this Chairperson says "no" to your son's IEP, tell her that you are claiming a "stay put" and you will be taking the school district to a hearing. The changes are she will cave. Even if she doesn't, your child KEEPS her IEP as written until the Hearing Officer says otherwise. Once you do this, IMMEDIATELY hire a good advocate or lawyer. This may sound drastic but A. It most likely won't get that far....you will be calling the Chairperson's bluff...the SD won't let a hearing happen (it's VERY costly for them) when they see all the written reports that recommend continuing the services B. You MUST establish NOW that you are the parents and that you are not dummies. That you KNOW what your child's rights are an intend to invoke them. You don't have to be contentious, but you have to show the District that you are not stupid, either. It'll be worth taking a stand NOW.
Go immediately to www.wrightslaw.com and order FROM EMOTIONS TO ADVOCACY. I dearly wish a guide like this had been around in 1996 when my son was entering kindergarten. On that site, you should also click on Yellow Pages for Kids and look under your state to get recommendations for advocates or lawyers. Since you are not yet up to speed with the law and all this is happening NOW, you'll need one. Please let us know how it goes.
You mentioned your son has speech problems. Is he receiving speech therapy? If he is and continues to require speech he can be classified as speech and language impaired and qualify under the special ed umbrella and still have an IEP. I would avoid a 504 plan because he won't have as many rights under a 504 plan. If I recall correctly, certain accommodations and modifications to cirriculum are not made under 504 plans. ( I could be wrong, and I'm sure someone will correct me if I am). I would pursue the speech therapy aspect. My daugter is in kindergarten on an IEP for speech and language impairment. She has an IEP and the school doesn't want to do anything for her, I'm sure if she was on a 504 it would be even worse.
I agree w/ Emma...KEEP THE IEP and don't let them get you in a 504...they will try b/c it gives you less rights. We had a similar situation for our older son. The school district pushed our son onto a 504, claiming he did not qualify for under the IDEA. We never got anything under the 504 plan, the legal protections are much reduced. I don't think that the SD is even required to invite parents to any meetings.Keep the IEP.
Keep the IEP.
Keep the IEP.
A 504 works for kids who can't QUALIFY for an IEP, but your son HAS an IEP and the District would have to take you to a hearing to take it away. And they won't. For one thing, they'd lose. For another, it's VERY expensive to do that.
Don't let them talk you into it. Ask them WHY they're so intent on getting your son off the IEP. The truth is, the school district gets partially reimbursed for giving services under an IEP and they don't get reimbursed AT ALL for giving services in a 504. That tells me that they want to get your son on a 504 as a first step in removing ALL supports. Don't do it.
Hello,
I am thankful for finding this board: a lot of good iformation is here.
Ok, here's my situation; My sone has been diagnosed with PDD (high functioning). He was originally placed in a special school, where he was mixed in with about 5 other children who had much more severe cases of autism than my son. Very soon after this, we noticed that he started emulating thier behavior and was actually regressing and it seemed like he was getting worse, not better. My wife and I did a lot of work and found a preschool with a teacher who specialized in special education (small class of 10 kids and 3 teachers) that agreed to take my son, and the district special education director aggreed on this placement. He has been there for 2 years now, and the improvments he has made are incredible. We have been told that if he continues to imporove, the PDD diagnosis could probably be removed in another year (YEAH!!!!). This September, he is supposed to start kindergarden. At his IEP meeting a couple of weeks ago, his speach therapist and another school therapist who did his evaluations both said that my son should stay on an IEP for kindergarnden (public kindergarden school). The district special education in charge however, says that since my son did well in a regular classroom, that he doesn't need to be on an IEP for kindergarden, and would rather have him on a 504 plan. While my son has done well, he still has some speach issues, learning issues and does not handle change or high stress siutations very well. My wife and I are very worried about him being in a much larger classroom with fewer teachers and not having a direct support system. Eveyone we talk to (pediatrician and social worker) says to not let him be put on a 504 plan. We have a second meeting coming up with school teachers from the kindergarden and special education director to go over a 504 plan. The desicion will be made at this next meeting as to what assistance he will get. How can we convey that our son needs to be on an IEP to the director? If he goes on a 504 plan instead of an IEP, we fear he will regress again. Do we have any leverage here or are we at the complete mercy of the special education department? Any advice would be greatly appreciated. Thank you.
Sounds to me like team lead wanted it to sound like you had decided on the 504 and told everyone else that so that the 504 would go ahead w/o her being responsible for the decision.EW. She sounds like a disinterested ... soandso.
Lucky you, though -- it sounds to me like she made her own bed as far as credibility with those who DID show up!
I second what Tzoya says aout the book 'From Emotions to Advocacy'. I just got my copy last week and am currently working on 2 IEP's (one for my son, one that I'm helping my sister do for my niece). That book is a WEALTH of info... we are finally getting somewhere on my nieces IEP due to some info I got from that book. Your local library should have a copy... run out tonight and get it.
Good luck!!!
Absolutely, positively, keep the IEP!There could be MANY political reasons for wanting a child off an IEP but you're not likely to know any of them. It doesn't matter. The ONLY thing that matters is that a child whose disability is negatively affecting his education (this includes academics, development and functionality) gets services under an IEP.
In the future, make ALL your desires known IN WRITING. Right now, send a letter to the 504 team. Thank them for meeting to discuss your son. Mention in the letter that you and your wife NEVER wanted simply a 504 for your son and that you are grateful that the committee agreed. Tell them that you are looking forward to an IEP meeting so that your son can continue to get the support he needs to make progress. Send a copy to everyone you can think of. The point of doing this is to create a paper trail of your wife's and your desires and opinions about your son's education. You don't want the SD to be saying that YOu are the ones who want a 504. Who knows why there is all this maneuvering going on. YOu will probably never find out. But if you keep your eye on the ball (your son's IEP and how it will help him PROGRESS) it's won't matter one little bit.
I believe the most important thing for parents to read if they want to learn to advocate for their children is the chapter in From Emotions to Advocacy about the Rule of Adverse Assumptions. If you get a copy of the book from your library, make sure it's the second edition, which is aligned with IDEA 2004. The other one is old and may have info in it that no longer applies. The book is available at www.wrightslaw.com for .95 and can sometimes be found on sale at Amazon.
MoeH
Hold up they want to de-classify your child to put him in a reg ed class. Are these people just new to the Special ed relm in a school system or are they just stupid. I am a Specal Ed teacher and a parent of a child with PDD. My son is mainstreamed in a reg 1st grade class. There is no reason for them to not follow an IEP actually it is against the law to do that . If your child is classified and should be with an IEP then they have to write the IEP as to follow your child's placement and with all the modifications and accomidamtions the child needs. DO NOT SETTLE FOR A 504 he cannot get allt he services that are out there for him. Calll COSAC if you have any questions look them up online and talk to someone. The school is just being flat out lazy and trying to keep their district numbers down.
Let me know the outcome please I would love to know.
Nicole