can iep's really expire?

Discussion in 'Special Ed 101' started by klmno, Sep 23, 2008.

  1. klmno

    klmno Active Member

    difficult child's cm from school called me last night. I'm a little concerned about her making rogue decisions, but particularly, she brought up that difficult child's iep written last spring was written to carry us through Sept., and it has a date written in it that the next iep meeting will be held before such a such date. She tells me she isn't ready to have an iep meeting yet because she and his teachers don't know him well enough yet. I said I thought we should have one so that inforamtion can be shared before wrong opinions are made- they need background info and she didn't seem to thinkk that my suggestion about having last year's teachers (2 people who worked well with difficult child) talking to this year's teachers about what strategies work best with difficult child would go over well with everyone. Then, she tells me that she isn't ready to have an iep meeting but we need to get something signed (a new iep with the same stuff in it, just a different date) because if we don't, difficult child's current iep will "expire". I'm not nuts about feeling pressured into signing something on the premise that he will not have a current iep if I don't.

    Does this sound right to you?

    Also, my biggest concern is that I'm sure these people don't get the concept of mood cycling and I'm concerned that they are going to try to work with him in ways that will cause escalation, simply because they want to try "their way" first.
  2. smallworld

    smallworld Moderator

    Usually, IEPs are good for a year. Do you know why an IEP written last spring would expire this September? Do you have a copy of the IEP you can check?

    Or is the date she's referring to a "periodic review"? The IEP written for my son in August has a 45-day review, but it doesn't mean his IEP will expire. It just means we are reviewing it after it's been in effect for 45 days to make sure it is meeting his needs.

    You as a parent can call an IEP meeting anytime, whether the case manager is ready or not. All you have to do is send a letter requesting it. I agree with your reluctance to sign anything without having a discussion about it. A lot could have changed between the time the IEP was written and now.
  3. Superpsy

    Superpsy New Member

    I don't think that IEPs "expire." There definitely is a period of time when IEPs are effective and a new IEP must be written before that date (at most 1 year). If another IEP is not written by then the school is not in compliance. BUT the school district CANNOT just stop provding services. The previous IEP should be followed until another one is written and agreed upon.

    I also do not like "just getting something signed." I say you should have an IEP meeting for the reasons you mentioned above, even if all you do is keep the same basic IEP. At that meeting I would make it clear that I expect a review of this IEP by a certain date, whenever the teacher "gets to know difficult child better." If you're not careful this may be another full year.
    Last edited: Sep 23, 2008
  4. Sheila

    Sheila Moderator

    Superspy and smallwood have offered sound replies.

    It is my understanding that the last IEP written is in effect until a new one is written, until the student is dismissed from eligibility by the IEP team (which includes the parent), until the student graduates with-a regular diploma OR until s/he ages out of public school systems (age 22).

    Sign absolutely nothing regarding the IEP itself unless you understand exactly what the document really, really means. Just my 2cents worth.
  5. Charmedpea

    Charmedpea New Member

    ok here is my exper. which has happened to me in the last 2 weeks. My difficult child going into highschool so none of the teachers know her. Day 4 of school she gets expelled for 80 days, during the meeting to have her expelled I mention I want her to be tested to have an IEP because she is adhd and odd.

    The superintenat and principal of school says that changes every thing. They made one phone call and her testing starting the next day. It was put in place asap, I mean I ment with the school phc. after her expelled, get her all the information fill out the paper work, and it started the next day. I gave them all the info from the hosital she was in. The school phyc. said since we have nothing to go on this year from observing her in class I will go back to last year and talk to her teachers, both of those teachers wrote something up on her supporting in her of an iep and attended the meeting which was today. She got her IEP and she is back in school tomorrow morning. They were right on it. They said normally it can take up to 3 months for them to test her but because she was expelled they will do an emergency test to get it done asap. And they did.

    Good Luck to you.
  6. klmno

    klmno Active Member

    This is weird- I thought I already replied- maybe I hit the wrong button to post.

    Anyway- if your difficult child was expelled for 80 days, I'm wondering why they didn't call for a manifestation meeting asap?? Do you think the behavior that resulted in the expulsion was a result of her disability? Have there been any discussions on change of placement rather than expulsion? Did her behavior involve drugs or a weapon or a criminal threat?
  7. Charmedpea

    Charmedpea New Member

    Yes It was a direct result of her disability. Their was no drugs or weapons involved. These two girls are friends one day then weeks their are fighting. Name calling, girl threatened she was going to beat up my difficult child. and the teachers were taking my daughter out of the lunch room and she was going and all of a sudden she did a 180 and went after the girl. This has been going on for so long between the two of them. This girl has problems of her own which i dont think her mom takes seriously. She overdosed and her mom let her sleep it off. what does that tell you.,

    Their was no other placement until I mentioned that is was a direct result of her disability and I explain why and then they made a phone call and she was in testing the next day.
  8. klmno

    klmno Active Member

    Wow- I hope she is in a better situation now. Thanks for replying and letting me know this.
  9. Charmedpea

    Charmedpea New Member

    you welcome. its hard for me to write in here because she is either up stairs and in a flash she will be down stairs nosey as heck and get mad if she found out I am on a message board talking about her. So I try to get as much info and not forget anything if I hear here I get out of the web site. I know it sounds crazy but that is confrontation I dont want.

    and no you are not crazy I did post something to this effect on another thread. I was replying to.
  10. Charmedpea

    Charmedpea New Member

    I also wonder if she needs a mood stablizer because I'm reading the IEP that was typed up and on it, it states:

    In june of 2008 difficult child was diagnosed with adjustment disorder with mixed disturbance of emotions and conduct and Oppositional defiant disorder, although records from childrens hospital do not indicate an adhd diagnosis difficult child is prescribed concerta, a medication typically prescribed for adhd, furthermore mom indicated that difficult child is diagnosed with adhd. All of the testing they did reflects adhd.

    then their are pages and pages of other things she is displaying anything from, Her behavior characteristics increase in enery level, often feels helpless and hopeless, orten irritable and has times of elevated mood, takes risks, has a quick temper and can be destructive to property and can be aggressive towards others and often defies authority, blames others for her mistakes and can be spiteful and vindictive, has stolen and ran away from home, has been truant, enjoys playing with fire, is disorganized and has difficulty sitting still, is implusive and ofther looses things and reports anxiety and occasional panic attacks.

    I could go on and on but that is only not even a 1/10th of the report. Its like a flippen book.. Which i'm still trying to under stand.

    Now we have court on the tenth, so i'm hoping the next 2 weeks before court school is good so we have some good to report since her classes are complete modified. She will be in one class until she can earn her way out and not explode, and control her actions. And the teachers will all be aware to reconize her getting upset before it turns into some thing she cant come back from and it gets way out of hand.