HELP! IEP retired and not mastered

TheOnlyMe

Relentless Warrior Mom
I am working on a complaint I trying to find the law on this, Can anyone help? I have to finish this morning. I have an ARD tomorrow with two from Adm building, two principles, and an attorney for a first graders who is already 2 years BEHIND! The first request for services was two months into kng!
 

Sheila

Moderator
IEP's are not "retired" nor do they "expire."

Any "change in placement" requires a reevaluation. As always, if the parent does not agree with-the sd's evaluation, the parent may request an IEE. (Arbitrarily dropping an IEP would be a change in placement.)

The old IEP stands until a new IEP is written or the student is dismissed from special education via reevaluation.

I suspect there's serveral non-compliance issues involved based on the limited info. ONE, would be non-compliance with-the reg below.


http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalBrief,10,

Statute: TITLE I / B / 614 / c

(c) Additional Requirements For Evaluation and Reevaluations.--
(1) Review of existing evaluation data.--As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team and other qualified professionals, as appropriate, shall--
(A) review existing evaluation data on the child, including--
(i) evaluations and information provided by the parents of the child;
(ii) current classroom-based, local, or State assessments, and classroom-based observations; and
(iii) observations by teachers and related services providers; and
(B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine--
(i) whether the child is a child with a disability as defined in section 602(3), and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs;
(ii) the present levels of academic achievement and related developmental needs of the child;
(iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and
(iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum.
I'd sure be asking for written documentation pertinent to special education law and the term "retired."
 
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