Is this true??

Discussion in 'Special Ed 101' started by house of cards, Apr 21, 2007.

  1. house of cards

    house of cards New Member

    My son has been in third grade inclusive classroom with an IEP. It states that less homework is to be accepted and that he is to be graded on his knowledge of the main concepts. We recently removed him from the school because the teacher can't seem to understand that there are times when you accept less then the childs best ability and was causing him too much stress causing him to act out and shut down, he recieved two F's(I believe because of her anger with him for shuting down)in her class while doing well in all his electives. Now we are being told basically that because he was in an inclusive classroom that they need to follow the standards of the class as far as district policy and state standards...in other words the IEP is worthless. That can't be true, can it?? An example would be district policy requires the kids to complete an addition worksheet for homework along with whatever math they have that day, 2 sheets of math overwhelm my child and he refuses to do the work or we have a big fight. The teacher said it is "district policy"to send it and got upset if it wasn't done. Does an IEP trump district policy and state standards? Is there an exception for inclusive classrooms? And if the IEP is enforcable where can I find the supporting info? Thanks for any help.
     
  2. slsh

    slsh member since 1999

    IEP trumps district/state standards in terms of one size testing fits all. Best example is state-wide standardized testing. There is a section on the IEP where it's noted if student will participate in standardized state-wide testing and what accommodations will be made if any. thank you gets the tests in small chunks with- extended time to do the tests, rather than the monster 3 straight days of testing that is done for reg. ed. students. There was one year where thank you was so completely unstable he was not required to participate in testing at all. It's not appropriate for Boo to participate in testing, so he participates in the "Illinois Alternative Assessment" - which in real terms boils down to he does no testing at all.

    If IEP states less homework will be accepted, then less homework must be accepted. If you're running into specific issues, ie the math homework due to some "standard", I'd request another IEP mtg to address them. What accommodations does he need for the district standards?

    Special Education is *not* the physical class that difficult child is in. Inclusive or self contained doesn't matter - it's what's in the IEP that defines "placement" and what the expectations are. "Placement" isn't a place, it's the Special Education programming, so their argument that because he's in an inclusive classroom he must follow district standards is just ridiculous, in my lay opinion.
     
  3. Sheila

    Sheila Moderator

    Yes, and IEP supersedes district policy and state regulations. Policy and state regs must be in compliance with IDEA. (I'm pretty good about asking for written documentation when an educator makes such statements. Of course, I never get it because it doesn't exist.)
    No.

    Your state regs.
    IDEA regs
    US Department of Education, Office of Special Education Programs -- you can find phone numbers for your area and get questions answered.
    Your State Education Agency is required to provide a parent information line regarding IDEA/IEPs.
    These days, many school district's have their "policy" on-line -- you'll may very well be able to find "policy" on-line that contradicts what you've been told.
    Wrights law - research for more articles and case law related to this issue such as http://www.wrightslaw.com/law/caselaw/case_Doe_Withers_Complaint.html



    Example from https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf :
    Section 300.323(d)
    requires that the child’s IEP be
    accessible to each regular education
    teacher, special education teacher,
    related services provider, and any other
    service provider who is responsible for
    its implementation. The purpose of this
    requirement is to ensure that teachers
    and providers understand their specific
    responsibilities for implementing an
    IEP, including any accommodations or
    supports that may be needed. We agree
    with the commenters’ recommendation
    and believe retaining current
    § 300.342(b)(3)(i) and (b)(3)(ii) is
    necessary to ensure proper
    implementation of the child’s IEP and
    the provision of FAPE to the child.

    It's left to the parents to inforce IEPs. How do you do that? Paper trails, paper trails.... Without a paper trail, a parent will not prevail, even if you file a formal Complaint. He said/she said has little to no effect in many situations.

    Write a letter to the Sp Ed Director of your school district in a non-judgemental was as possible advising that the IEP is not being implemented and it is important that the provision "XYZ" in difficult child's be implemented in order for him to achieve adequate success. Send it Certified Mails.

    Learn more about Paper Trails, Letter Writing & Documentation at http://www.wrightslaw.com/info/ltrs.index.htm .
     
  4. tryingteacher

    tryingteacher New Member

    I would suggest that the team make the IEP more explicit such as the students assignments will be shortened by up to half in length and that all of his homework must be in by the following Monday. It sounds dumb but IEP's need to be so explicit so if the person that wrote dropped dead or quit their replacement could understand it. I realize that is in a perfect situation but parents have the right to make changes and suugestions and such insist that it be explicit. I have used both of those ideas in IEP's I have written. I also have a student that completes "involved" assignments...projects, papers ect. in a seperate setting. Hope this helps at least a little.
     
  5. Martie

    Martie Moderator

    I certainly agree that everything should be explicit. However, "all" the homework being handed in by the following Monday would create a nightmare the entire weekend in many of our homes.

    Both type and AMOUNT of homework can be restricted via IEP. The restriction can also be in terms of time: ex-difficult child did "homework" in a study period and lunch. It was written into his IEP that if he could not complete in the alloted time, then his teachers had to figure out how to reduce assignments. He never brought anything home if the teachers misjudged. (The math teacher tended to "use up" all the time; distributing the time became their problem.) Why this system worked is AT SCHOOL (but not at home) ex-difficult child worked quickly and efficiently and completed substantial work in 70 minutes. This system had a positive effect of making the teachers consider carefully which assignments were "worth it" in terms of using up the 70 minutes.

    Martie
     
  6. house of cards

    house of cards New Member

    Thanks for the replies. I didn't think it made any sense but thought you all would be able to point me in the right direction and you have.
     
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