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<blockquote data-quote="Freeda111" data-source="post: 187239" data-attributes="member: 5785"><p>Hi Shelia and Martie. I'm a long time lurker here and have learned so much about Special Education from you guys. I've just run into a situation that I've never encountered before, and was wondering if you could provide insight. We have a signed sealed IEP that everyone agreed to in May of last year for use this school year. We are starting 5th grade on Monday in Eastern NC. </p><p>DJ has had an IEP for three years. He is mainstreamed and has had resource room help for reading and math. In May we added writing as another area of services. I didn't realize that to add an area of service, DJ needed to be tested in that area prior to adding it to his IEP. The LEA, the Easy Child teacher and the regular teacher all agreed in May that he needs help with writing, and we have samples of his writing throughout the year last year and he failed the EOG for fourth grade writing as well. </p><p></p><p>Today I get a call from this years Easy Child teacher who stated that the current signed IEP is not "in conformance" and he is not eligible for writing services because he wasn't tested and found eligible for those services. </p><p></p><p>I wasn't very happy since this means the parent consent forms filled out, testing, and a re-write of the IEP before he can receive services for writing. (The three year rule for mandated evaluations would kick in in November.)</p><p>Isn't the IEP a legal document as written right now? I thought I could force them to comply and begin services based on that document. </p><p>What do you think I should do? Thanks in advance for any advice.</p></blockquote><p></p>
[QUOTE="Freeda111, post: 187239, member: 5785"] Hi Shelia and Martie. I'm a long time lurker here and have learned so much about Special Education from you guys. I've just run into a situation that I've never encountered before, and was wondering if you could provide insight. We have a signed sealed IEP that everyone agreed to in May of last year for use this school year. We are starting 5th grade on Monday in Eastern NC. DJ has had an IEP for three years. He is mainstreamed and has had resource room help for reading and math. In May we added writing as another area of services. I didn't realize that to add an area of service, DJ needed to be tested in that area prior to adding it to his IEP. The LEA, the Easy Child teacher and the regular teacher all agreed in May that he needs help with writing, and we have samples of his writing throughout the year last year and he failed the EOG for fourth grade writing as well. Today I get a call from this years Easy Child teacher who stated that the current signed IEP is not "in conformance" and he is not eligible for writing services because he wasn't tested and found eligible for those services. I wasn't very happy since this means the parent consent forms filled out, testing, and a re-write of the IEP before he can receive services for writing. (The three year rule for mandated evaluations would kick in in November.) Isn't the IEP a legal document as written right now? I thought I could force them to comply and begin services based on that document. What do you think I should do? Thanks in advance for any advice. [/QUOTE]
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