Illegal IEP???

Discussion in 'Special Ed 101' started by JJJ, Sep 2, 2007.

  1. JJJ

    JJJ Active Member

    We had an IEP meeting for Kanga in which the team decided to place her in a gym period with kids one grade ahead of her (for a long list of reasons). Kanga is bused out of district and while our home district had a rep there, the school she actually attends did not. That principal refused to allow Kanga to join the class.

    My questions...

    1. Does the attending-school principal have the legal right to refuse to place her in that class?

    2. Is an administrative rep from the attending-school required at all of Kanga's IEP meetings? If not, is she required at meetings where we will be discussing possible placement into more of the general ed classes?

    3. We came up with 3 related items that were going to be implemented this quarter to build toward lengthening Kanga's school day (she currently misses 1st and 2nd period because there is no self-contained option those periods). Since the school is now refusing to implement 1 of those 3 items, does that entire IEP meeting become void? Can I refuse to allow a different point?
     
  2. Sheila

    Sheila Moderator

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">1. Does the attending-school principal have the legal right to refuse to place her in that class? </div></div>

    No

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">2. Is an administrative rep from the attending-school required at all of Kanga's IEP meetings? If not, is she required at meetings where we will be discussing possible placement into more of the general ed classes? </div></div>

    More info needed. How did difficult child come to be placed out-of-district? Is this a transfer or is there a contract for services between the districts for placement? Was the receiving school district administrative rep invited, etc.? Is responsibility for implementing the IEP address in the documents?

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">
    3. We came up with 3 related items that were going to be implemented this quarter to build toward lengthening Kanga's school day (she currently misses 1st and 2nd period because there is no self-contained option those periods). Since the school is now refusing to implement 1 of those 3 items, does that entire IEP meeting become void? Can I refuse to allow a different point? </div></div>

    If difficult child is a transfer student, the receiving school district must adhere to the following:
    C) Program for children who transfer school districts.--

    (i) In general.--

    (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.

    You've got two sds involved, so there's some gray areas in my opinion. There's been a change in the new regs that says when a student is place in an Residential Treatment Center (RTC), for example, the school district responsible for IEP implementation is not the home district -- it's the district wherein the Residential Treatment Center (RTC) is located. The following pertains to private placements, but if the IEP committee places the student somewhere other than the home district, it may apply but I'm not sure. You will need to consult with an education attorney, the home school district, and/or your State Education Agency.

    The following pertains to private schools and may not apply to your situation.

    Regulations: Part 300 / D / 300.325

    Sec. 300.325 Private school placements by public agencies.

    (a) Developing IEPs.

    (1) Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child in accordance with Sec. Sec. 300.320 and 300.324.

    (2) The agency must ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency must use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.

    (b) Reviewing and revising IEPs.

    (1) After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.

    (2) If the private school or facility initiates and conducts these meetings, the public agency must ensure that the parents and an agency representative--

    (i) Are involved in any decision about the child's IEP; and

    (ii) Agree to any proposed changes in the IEP before those changes are implemented.

    (c) Responsibility. Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA.

    (Authority: 20 U.S.C. 1412(a)(10)(B))

    The IEP is not void, but clarification is required. If you can't get answers quickly, you may need to call another IEP meeting.
     
  3. JJJ

    JJJ Active Member

    Our school district belongs to a special education cooperative of 5 school districts. When any district has a child that they cannot service in their own districts programs, the children are placed in classes run by the co-op. The co-op spread their various options out to the 5 district. For example, in one of our district's schools are the classrooms for children with severe & profound multiple-handicaps. Kanga is place in a special class for children with severe language disorders. That class is housed in a different district's junior high.

    Since it doesn't appear that the building principal has the authority to block Kanga's placement into a regular ed class chosen by the IEP team, what should my next step be?
     
  4. Sheila

    Sheila Moderator

    Contact your Special Education Director. I'd fax a letter to get immediate action AND send it via Certified Mail. Give the Director an opportunity to work it out.
     
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