iep dilema | Autism PDD

What they did is elegal they have to involve you as apart of the team. We had both our meetings at his new school. I would never except a iep without us at the ard meetings. I know the lessened Daniel st from 60 to 45 with as to no reason why. He also has never been offered lang/camp here which our countey offers every summer here. Did the District make several attempts to reach you about the meeting? They HAVE to have made many, good-faith attempts to get you to participate. If not, they violated one of the basic tenets of IDEA, which is parental participation. If that happened, the IEP is not valid. Call AND write TODAY to ask for a new meeting. You are a legal and vital member of the IEP team. Hearing Officers overturn IEPs every day due to lack of parental participation. If you don't know the law, call an advocate to get advice about your rights in YOUR state. And start to inform yourself TODAY by ordering the best book for parents on learning to advocate for your child -- FROM EMOTIONS TO ADVOCACY. You can get it for at www.wrightslaw.comWe get sent ard notices to sign and return saying if we can attend or not. I wouldn't except that iep. Call se, tell them since you were not there your declineing the new iep for this year and want a new ard with you there. Send this in writing also. Never agree to iep's that don't satisfy you. Sign disagree!

Make an appointment to speak to the director of special education. Bring the letter you wrote with you and give him a copy. Below are the quotes from special education FEDERAL law that require that schools develop IEPs yearly and that parents are given an active role in developing the IEP:

From IDEA 2004...PARENTS are listed as the FIRST members of the IEP teamIE:

(B) Individualized education program team
          The term "individualized education program team" or "IEP
        Team" means a group of individuals composed of -
           (i) the parents of a child with a disability;

IEP development:

(4) Review and revision of IEP
        (A) In general
          The local educational agency shall ensure that, subject to
        subparagraph (B), the IEP Team -
           (i) reviews the child's IEP periodically, but not less
          frequently than annually, to determine whether the annual
          goals for the child are being achieved; and
           (ii) revises the IEP as appropriate to address -
               (I) any lack of expected progress toward the annual goals
           and in the general education curriculum, where appropriate;
               (II) the results of any reevaluation conducted under this
           section;
               (III) information about the child provided to, or by, the
           parents, as described in subsection (c)(1)(B);
               (IV) the child's anticipated needs; or
               (V) other matters.

Sec. 300.501:

    (b) Parent participation in meetings. (1) The parents of a child
with a disability must be afforded an opportunity to participate in
meetings with respect to--
    (i) The identification, evaluation, and educational placement of
the child; and
    (ii) The provision of FAPE to the child.

Hi,

I don't understand what you are seeing. I have not yet encountered this problem. In my IEP meetings there is school district staff at a higher level than the schools, and they have been deciding what placements to offer. So when trying to schedule an IEP, the school level staff not had any say in the matter.

Possibly the thing to do is acknowledge the phone message in writing, re-stating what you were told (to build a paper trail) and then politely ask if the 06-07 school cannot do accommodate your IEP meeting then who will? Someone must, and maybe you can work from there. I hope that you are keeping copies of all your mail to the school, and everything they send to you. You might also want to keep phone logs. If it were me I'd find out about recording the IEP meeting, although some folks might not. [In my state you must notify in writing 24 hours before the IEP meeting, it varies for state to state. I do not know if all states allow recordings.]

Incidentally, even if you do come to the IEP, you are entitled to a written explanation of the change in placement - prior written notice it is called. But given what is happening you probably won't get anything unless you ask for it, and it might read "because we said so, that's why." But still you might ask for something so that you can understand why the change has been proposed.

As above I'd also recommend "From Emotions to Advocacy". But until you've had time to read it, you might find an advocate or similar to help out with the IEP meetings.
Dad2Luke&Alan39313.1182523148

hi,

thanks for the imput. the placement is in the same county so then yes, same school district.

I have requested a iep team in wirtting at the current school (o6-07) and I received a phone message they will not accomendate me. Would any one know where the team needs to be? I think by law at the school of (o6-07) since this new IEP is only a draft.

Please advise

gilda

hi,

my dilema is the team held a meeting this june for placement without me. placement was decided for general education. My child was receiving 11.5 hours of specialized education, OT (consult), 1 hour of speech. I got him many outside services this past year. Now, on the new IEP (which I have not signed) He will only receive two 30mins sessions with a special educator.and two 30mins of speech. The classroom he was just in was a ratio of 3 adults to 7 children. The team decided on ratio of 1 adult to 20 children. A personal assitant was not offered and OT instruction was not offered. The school is in violation of holding the team without me. Where do I call the team? At the school from 06-07 school year or at the new school where placement was decided. My child will not academically achieve in this new placement. my child is very young four years old.

please advise

gilda

Did you change school districts or schools within a district? This might matter.

I suspect that there are two ways to go about this. One is to say that this is illegal and the next time you'd better be invited to the IEP meeting, and tell then that you will seek a private placement to implement the existing IEP if the SD won't.

The second way might be to say some thing along the lines of: "This is a very nice draft IEP that you made for me, but it cannot possibly be the real one since we (mom & dad) are supposed to be part of the team that draws it up. There must be some misunderstanding. So, can you schedule a real IEP meeting and we will discuss this nice draft IEP then. And until then, I assume that you will honor the only real IEP we have, the old one." Follow up in writing since there is a time line for responding to a parent's request for an IEP meeting. And while they are getting their act together, get an outside evaluation to recommend placement, and invite them to the IEP meeting as well. I hate to say it, but you might want to line up a lawyer as well, although not to bring to the meeting, just to consult with before and after, since legality does not seem to be a strong point with this team.

They may be hoping that - since you have a history of outside services - if they offer you an obviously inappropriate placement you will get the hint and go to a completely private placement. There are rumors that my local SD does that.

hello,

thanks everyone for the great advice. And I will have the book from emotions to advocacy in my hands by sunday evening.

I have been documenting. I will start a phone log.

I will keep everyone posted. I am having trouble finding out who the director of specail education is.

thanks,

Gilda

Call your District's Main Office. Ask who the director of special education is or who the Chairperson of the IEP Meetings is.