IEP question..."accepting" information

Discussion in 'General Parenting' started by Shari, Jul 26, 2010.

  1. Shari

    Shari IsItFridayYet?

    Wee's IEP references pieces of all the evaluations we've had done. Which means the school has accepted them.

    Also, it references text taken directly from TEC and Lost at School. Would it be fair to say that binds them to accepting those methods, also?

    The advocates just left. They don't want to go due process, but say its an excellent case if we have to.
     
  2. Lothlorien

    Lothlorien Active Member Staff Member

    I'm going to move this to General, Shari.
     
  3. SRL

    SRL Active Member

    The school can reference pieces of the evaluations but it doesn't mean that they agree with all aspects or that they are required to follow the recommendations.

    The only thing the school is bound to are the goals and accomodations listed in the most current version of the IEP, along with specifics within IDEA such as FAPE.
     
  4. Farmwife

    Farmwife Member

    I agree with SRL.

    I don't know about iep's in place already but have had a protracted battle for determination.

    They have to accept any and all information that is presented to them. You, your professionals and the staff of the school as well are all supposed to be equal members of the team.

    That doesn't mean that they will agree with the information or allow it to sway their predetermined ideas at a staff meeting. A lot of iep meetings seem to be heavy on school staff and lite on parents and parent support. Though you may have tons of information that seems clear cut they can all "gang up" to speak over you, dismiss your info. and move on to theirs etc. It isn't right but in my experience they make up their minds before a meeting (illegal) and facilitate the meeting to their own end.

    When it is my turn I make sure to elaborate on the testing I have because they tend to "accidentally" glaze it over but go into detail with theirs. (convenient) Some of the team may not had read all your results and may only get what small bit is mentioned at the meeting so make sure they get a true feel for what it is otherwise they may never know. At difficult child's school only the psychiatric got our neuropsychologist evaluation. She referred to it in a few sentences but took a few pages to describe her hour session with difficult child. :mad: Said she ran out of room on the form, yeah right!

    grrrrrr

    I did my best to make sure they followed a nice linear point by point discussion flow. At my difficult child's school they like to jump from topic to topic quickly and leave the parents reeling at the end of the meeting. Then you have to regroup and try to defend your points on so many issues that it all gets confused, comes out jumbled and never amounts to the circles they try to run around you. They give like 5 minutes to discuss parent thoughts after they steam roll 55 minutes on their agenda. So, I make sure they work very very slowly and address each point individually and make sure I get to add my opinion before moving to the next.

    They don't like me but I got what I needed to across.
     
    Last edited: Jul 27, 2010
  5. JJJ

    JJJ Active Member

    Okay - this answer was poorly worded and may have been confusing so I deleted it. I have a better answer later in the thread :)
     
    Last edited: Jul 27, 2010
  6. SRL

    SRL Active Member

    JJJ, considering isn't the same as agreeing with the entire contents or being required to follow the recommendations?
     
  7. JJJ

    JJJ Active Member

    School districts are required to consider and discuss any outside evaluation that the parents provide (assuming the outside evaluation was done by a qualified individual).

    United States District Court in Maryland ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

    The district is not require to accept/agree with the conclusions of the outside evaluator. However, once the goals, objectives, and services are written into the IEP (whether they came from school district evaluation or outside evaluation), they are now enforceable as a part of the binding contract that is an IEP.

    So, Shari, if Collab Problem Solving was written into Wee's IEP as the method to be used to achieve his goals or as the method of intervention for his BIP, then they must follow it. If they just wrote in the notes section, "Mother requests staff read TEC and LatS" then it would not be.
     
  8. Shari

    Shari IsItFridayYet?

    Exact verbage from TEC and LatS are written into both the IEP and the BIP (as methods to handle Wee).

    Perhaps this gives us something more to work with, as well?
     
  9. LittleDudesMom

    LittleDudesMom Well-Known Member Staff Member

    If I am understanding your question clearly, the simple answer would be a question. Are you asking whether they are bound to use the methods that are referenced in the IEP only or ALL the methods from TEC and LatS? If your question is the later, then the school will be held to honor the methods referenced in the IEP, period. Additionally, just because the evaluation is mentioned, doesn't necessarily mean they have accepted it. You only know they have accepted it if supports are in place for the specific areas resulting from the evaluation.

    Sharon
     
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