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Special Ed 101
Minor revision of IEP
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<blockquote data-quote="Sheila" data-source="post: 71664" data-attributes="member: 23"><p><div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">He responded that we had and then added that if my son's IEP stated that advanced classes were needed to meet his educational needs, he would have to be placed in there because the federal law in essence trumps state and local law, as well as the Principal's decision. </div></div></p><p></p><p>How refreshing that this type information is tendered to a parent. The information is correct. Placement decisions are made by the IEP Committee. In instances like this, your situation being one, vague language leaves the door open for problems -- like a building decision.</p><p></p><p>It's my understanding that minor revisions to the IEP can be made without a full-blown IEP meeting as long as the school district representative AND the parent agree to the revision. The revision needs to be specific. Even "He would benefit from a compacted and/or accelerated curriculum, particularly in math, in which he excels and shows great promise" is too vague for me. I'd want it worded similar to ""He would benefit from a compacted and/or accelerated curriculum, particularly in math, in which he excels and shows great promise. He will be placed in Honors science class." It's clear, simple, and not left to misinterpretation.</p><p></p><p>I'm thinking you're not going to have to sue. Although your Superintendent is letting the Administrative relief procedures play-out (apparently to appease the Principal), the buck stops with him. It is the Superintendent's ultimate responsibility to make sure his district and all educators therein abide by local, State and Federal education laws.</p><p></p><p> <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">if we can't reach a consensus to get him in and we have to sue, do you think suggesting that he be placed in on an interim basis is a good idea? Do we have any basis under the law to ask for that, </div></div> </p><p></p><p>Your basis in law is that the parent has the right to ask for whatever you think your child needs. Ask. All they can say is "no." When the sd says "no," they need to provided the reason for the rejection in writing -- it's part of Prior Written Notice parental rights. [For more information on this, do a search in this forum on parent attachment to the IEP. There's a link that will further explain.]</p><p></p><p>If you knew me, you'd know that I am going out on a limb here by saying getting this minor change to the IEP should not be a big deal. It's not uncommon for upper management at school district's to circle the wagons and support a prior decision even when the decision was a poor one or flat-out in error. But your Superintendent didn't do that, so I'm optomistic for you. </p><p></p><p>With that said, I don't mean for you to let your guard down and get blind-sided. A school district attorney being present at such a meeting is unusual. But your style of advocating for your son seems to be working.</p><p></p><p>Let us know how the meeting goes.</p></blockquote><p></p>
[QUOTE="Sheila, post: 71664, member: 23"] <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">He responded that we had and then added that if my son's IEP stated that advanced classes were needed to meet his educational needs, he would have to be placed in there because the federal law in essence trumps state and local law, as well as the Principal's decision. </div></div> How refreshing that this type information is tendered to a parent. The information is correct. Placement decisions are made by the IEP Committee. In instances like this, your situation being one, vague language leaves the door open for problems -- like a building decision. It's my understanding that minor revisions to the IEP can be made without a full-blown IEP meeting as long as the school district representative AND the parent agree to the revision. The revision needs to be specific. Even "He would benefit from a compacted and/or accelerated curriculum, particularly in math, in which he excels and shows great promise" is too vague for me. I'd want it worded similar to ""He would benefit from a compacted and/or accelerated curriculum, particularly in math, in which he excels and shows great promise. He will be placed in Honors science class." It's clear, simple, and not left to misinterpretation. I'm thinking you're not going to have to sue. Although your Superintendent is letting the Administrative relief procedures play-out (apparently to appease the Principal), the buck stops with him. It is the Superintendent's ultimate responsibility to make sure his district and all educators therein abide by local, State and Federal education laws. <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">if we can't reach a consensus to get him in and we have to sue, do you think suggesting that he be placed in on an interim basis is a good idea? Do we have any basis under the law to ask for that, </div></div> Your basis in law is that the parent has the right to ask for whatever you think your child needs. Ask. All they can say is "no." When the sd says "no," they need to provided the reason for the rejection in writing -- it's part of Prior Written Notice parental rights. [For more information on this, do a search in this forum on parent attachment to the IEP. There's a link that will further explain.] If you knew me, you'd know that I am going out on a limb here by saying getting this minor change to the IEP should not be a big deal. It's not uncommon for upper management at school district's to circle the wagons and support a prior decision even when the decision was a poor one or flat-out in error. But your Superintendent didn't do that, so I'm optomistic for you. With that said, I don't mean for you to let your guard down and get blind-sided. A school district attorney being present at such a meeting is unusual. But your style of advocating for your son seems to be working. Let us know how the meeting goes. [/QUOTE]
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