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Special Ed 101
NEED HELP! IEP issues.
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<blockquote data-quote="slsh" data-source="post: 487285" data-attributes="member: 8"><p>Personally, I'd hold off on filing a formal complaint with- dept of ed. - give sped director/school district the opportunity to do what they're supposed to. I *would* file a complaint with- school board re: principal's obvious misinformation regarding appropriate (federal) procedures for having students evaluated for IEPs, and most definitely get that letter requesting IEP evaluation in the mail (certified) ASAP. Check your district policies - I've never had to request anything IEP-related from a principal; it's always been the dir of sped or "director of special services". I've been in several districts, and the principals were *never* the gate-keepers of Special Education services.</p><p></p><p>I would also send a separate letter to principal, also via certified mail, documenting your conversation with her today. No opinions, no emotion, just fact. </p><p></p><p>Dear Ms. Principal,</p><p></p><p>This is a letter of understanding concerning our conversation today,12/09/2011, at XX:XX p.m., when I called to get information regarding obtaining an IEP for my son, Fred Smith. You advised me blah blah blah.</p><p></p><p>Please file a copy of this letter in Fred's permanent educational record.</p><p></p><p>Sincerely,</p><p></p><p>Warrior Mom</p><p></p><p>If you have to have any more phone conversations with anyone from the district (and I'd try not to), I'd strongly advise you follow up with a formal certified letter of understanding. Document dates, times, and a strictly *factual* account of the conversation. Use quotes if you can. This covers you, as well as gives them the opportunity to dispute the facts (hopefully in writing). If they insist on calling you to dispute facts, you just keep on sending your letters of understanding. You need to have a good paper trail. At one point, I just grabbed a handful of the certified letter forms and had them handy, 'cuz we were having some fun with one particularly difficult sped dir. <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite2" alt=";)" title="Wink ;)" loading="lazy" data-shortname=";)" /></p><p></p><p>Another thing - if you can document with- certainty when you had the conversation with- principal initially about obtaining an IEP for your son, you have a decent chance of arguing that district (aka principal) was aware that they were dealing with a child who potentially had special needs, failed to address that need (I believe the federal term is "child find"), and have been inappropriately suspending a student with- potential special needs - especially if he's been suspended 10 or more days (including ISS). That's a big no-no. The problem will be documentation on your part - any notes or emails from principal from beginning of school year? At the very least, getting that request for evaluation in will legally notify SD that they're possibly dealing with- a student with- sped needs, and protections kick in as of date of receipt of certified letter.</p><p></p><p>Another tip - a lot of times districts try to tie in IEPs with- failing grades or poor performance on standardized testing. Bologna. A child is eligible for sped services (IEP) if he/she has behaviors (among other things) which impair his/her ability to received FAPE in LRE (free and appropriate public education in least restrictive environment). If your son is being removed from classroom and/or being suspended due to behaviors, he's not getting FAPE in LRE. (How old is he?)</p><p></p><p>Hang in there - there's a lot to learn, but you'll do just fine.</p></blockquote><p></p>
[QUOTE="slsh, post: 487285, member: 8"] Personally, I'd hold off on filing a formal complaint with- dept of ed. - give sped director/school district the opportunity to do what they're supposed to. I *would* file a complaint with- school board re: principal's obvious misinformation regarding appropriate (federal) procedures for having students evaluated for IEPs, and most definitely get that letter requesting IEP evaluation in the mail (certified) ASAP. Check your district policies - I've never had to request anything IEP-related from a principal; it's always been the dir of sped or "director of special services". I've been in several districts, and the principals were *never* the gate-keepers of Special Education services. I would also send a separate letter to principal, also via certified mail, documenting your conversation with her today. No opinions, no emotion, just fact. Dear Ms. Principal, This is a letter of understanding concerning our conversation today,12/09/2011, at XX:XX p.m., when I called to get information regarding obtaining an IEP for my son, Fred Smith. You advised me blah blah blah. Please file a copy of this letter in Fred's permanent educational record. Sincerely, Warrior Mom If you have to have any more phone conversations with anyone from the district (and I'd try not to), I'd strongly advise you follow up with a formal certified letter of understanding. Document dates, times, and a strictly *factual* account of the conversation. Use quotes if you can. This covers you, as well as gives them the opportunity to dispute the facts (hopefully in writing). If they insist on calling you to dispute facts, you just keep on sending your letters of understanding. You need to have a good paper trail. At one point, I just grabbed a handful of the certified letter forms and had them handy, 'cuz we were having some fun with one particularly difficult sped dir. :winking: Another thing - if you can document with- certainty when you had the conversation with- principal initially about obtaining an IEP for your son, you have a decent chance of arguing that district (aka principal) was aware that they were dealing with a child who potentially had special needs, failed to address that need (I believe the federal term is "child find"), and have been inappropriately suspending a student with- potential special needs - especially if he's been suspended 10 or more days (including ISS). That's a big no-no. The problem will be documentation on your part - any notes or emails from principal from beginning of school year? At the very least, getting that request for evaluation in will legally notify SD that they're possibly dealing with- a student with- sped needs, and protections kick in as of date of receipt of certified letter. Another tip - a lot of times districts try to tie in IEPs with- failing grades or poor performance on standardized testing. Bologna. A child is eligible for sped services (IEP) if he/she has behaviors (among other things) which impair his/her ability to received FAPE in LRE (free and appropriate public education in least restrictive environment). If your son is being removed from classroom and/or being suspended due to behaviors, he's not getting FAPE in LRE. (How old is he?) Hang in there - there's a lot to learn, but you'll do just fine. [/QUOTE]
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