IEP Question

[Wonderful Family]

I know things within each SD vary alot. But is there a standard length of time that an IEP is good for one a child is taken from the school and then the family looks at re-enrollment in the public schools?

 

[Alttlgabby]

When we had J come to us from another state (my bio niece/foster child), we had an IEP meeting with the incoming school within 2 months.

 

[JJJ]

IEPs are valid for one year. I would think that if you were re-enrolling her after less than a year they would put the past IEP in place pending a new meeting. Otherwise if she was deemed qualified for Special Education within the last 3 years, they should hold an IEP meeting within 60 school days.

Have you spoken to your school district? I would think if difficult child needs a non-mainstream classroom, they would put something in place pending a new meeting.

 

[Sheila]

Actually, an old IEP stands until a new one is written.

There are details missing from your post that would enable us to perhaps give you more info. You may want to post to the Special Education 101 board.

 

[JJJ]

Sheila,

Does the IEP not expire even if she's withdrawn him from school? Tigger's school scrambled to hold an IEP meeting on day 2 of the school year (after returning from homeschool) in order to get the services in place because his former IEP was more than a year old. It didn't occur to me to argue with them since they were rushing to make sure he had services.

 

[Sheila]

Does the IEP not expire even if she's withdrawn him from school? Tigger's school scrambled to hold an IEP meeting on day 2 of the school year (after returning from homeschool) in order to get the services in place because his former IEP was more than a year old. It didn't occur to me to argue with them since they were rushing to make sure he had services.

IEPs do not expire. The only way a child can be dismissed from special education is subsequent to a reevaluation and IEP committee members agreeing that the child is no longer in need of special education and related services.

I just posted today regarding this issue at http://www.conductdisorders.com/forum/showthread.php?t=22892

The school district of course can not be held responsible for outdated IEPs if the child has been homeschooled. But it is their duty to bring the IEP current ASAP. Your district was on the ball (or perhaps recalled that you have knowledge about the regs and time requirements. lol)

The way I understand the regs, homeschooled children reentering the public education system would be handled similar to transfer students:

(I) Transfer within the same state.--In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.



(II) Transfer outside state.--In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency conducts an evaluation pursuant to subsection (a)(1), if determined to be necessary by such agency, and develops a new IEP, if appropriate, that is consistent with Federal and State law.

Couple of other things that kind of tie into this for new people on the site:

A full reevaluation is not required to do an annual IEP if a formal re-evaluation is not considered necessary. If the parent feels one is necessary, ask for it in writing and via Certified Mail -- it's your right and responsibility to stay on top of making sure your child is making adequate progress.

Section 300.303(b), consistent withsection 614(a)(2)(B) of the Act, provides that a reevaluation may occur not more than once a year and must occur at least once every three years, unless the parent and the public agency agree otherwise.

Statute: TITLE I / B / 614 / d / 4 / A

(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.

 

[JJJ]

Thanks Sheila. I think they were mostly terrified of having him start without the supports. He does give them a run for their money