You can refuse anything you disagree with in a ard we did this last 1 for Daniel. Never sign until your happy with the new plan I have made that mistake before. I suggest you tell them what you want cause it's your child that you know best. Most are trying to head toward LRE cause that is what the govt. wants now. How about 50 %SE and 50% mainstream. Can this work?My ds just got his new IEP two days before the end of the year. He is
transferring to a new school next year and the resource room teacher
from the new school was at the IEP meeting. I asked the teacher if the IEP
would work at the new school and she said yes (of course I do not have
that on tape). Now the new school says that they can't do several IEP
items and that we need to revise it (They do not want to do a few
accomodations).
Can I refuse? There is really nothing there they can't do but they are a
smaller school and I think they feel it taxes their resources too much. But
still it is all stuff my ds needs.
What are the legal steps the school must take to revise an IEP if the parent
does not want to?Is the new school in the same school district as the old one? If yes, the answer will be different, but if NO:
the new school district must have their own IEP. They can do this either by adopting the IEP that was written by the last school district, or they can have a new IEP team meeting and write a new document.
Either way, YOU are a critical part of the IEP team and decisions about changes to an IEP have to be agreed upon by the team. In other words, YES you can refuse changes that you don't like. If the case manager proposes something you do not like, immediately put your concerns in writing, send them to to the team, and then request an IEP team meeting.
In addition to the federal laws governing due process available to you at wrightslaw, I also recommend you do a google search for your state laws regarding special education. States can have laws that require more of special education teams than the federal laws do- but all states are required to follow the federal law at a minimum.
I don't believe that you can refuse to have an IEP "team" meeting to discuss revising the IEP. That sounds like what the school is asking. I believe that this applies even if you changed school districts. However, you can object to the changed IEP, and force the SD to go to due process to change it. In the mean time "stay put" applies (the old IEP remains in place), in some cases. I'd ask a legal type for clarification, this may depend on your state. This refers to both the question of how to object to the IEP (in some states you can object to just parts of it, if you want) as well as the stay-put.
It might be an idea to try to start on the right foot with the new school, however, and let them have an IEP and listen to their reasons. We are currently in a somewhat dysfunctional IEP team and that makes life hard and expensive since we now have a lawyer.
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