When you don't sign the iep

Discussion in 'Special Ed 101' started by klmno, Dec 12, 2008.

  1. klmno

    klmno Active Member

    difficult child has had an iep for over 2 years now. We had a meeting a few weeks ago and I did agree to everything during the meeting. I couldn't take a copy with me from the meeting because the CM had to finish up a little work on it before printing it out and we all were needing to leave. After I received it to sign, I noticed a couple of things that had been deleted from his last IEP. They weren't that major. But, there are some things that do have me greatly concerned because even though they've always been written in difficult child's IEP this way, it isn't really the accurate way to portray things and since I am pretty sure more outside sources are going to get involved very soon, I think these things should be changed. It would not effect difficult child's accommodations.

    I guess we just need to find and take time to meet and agree (hopefully) on them. One biggie is that they list everything as a "behavior" problem/objective/goal when it is clear to me after reviewing education for bipolar brochures and sample ieps, that many of them should be listed as other categories (academic, social, etc). But when others pick it up and look at it, right now it looks like his only problem is behavior and they don't need to support or accommodate him in any other way- if he'd just behave, he wouldn't need an iep, IOW.

    Anyway, I have not signed this iep and this cm keeps emailing me saying she is so concerned that difficult child doesn't have a signed iep on file. The last signed iep (from a couple of mos ago) says that it will be reviewed by such-and-such a date, and that date has past now. Well, it was reviewed and I'm under the impression that it's still in effect until another is signed. The cm seems to believe that this is a major situation because I won't sign this one. She wants me to sign it and request another iep meeting.

    What makes me really reluctant is that I heard all that 2 years ago and was even told that I HAD to sign it because I was at the meeting and that the MAJORITY of people at the meeting agreed on it whether or not I did, then they put difficult child on a long term suspension and tried to claim that I couldn't fight it because I'd signed that IEP. It didn't work, but it took MONTHS to get through that process. The whole time their defense was that I had signed the iep. (fortunately I didn't sign their behavioral contract that they had written for difficult child and I told difficult child not to sign it because it only said if he did anything else wrong, he would be put out of school.)

    So, does anyone know where it is written somewhere that the signed iep stays effective until another iep is signed by all required parties? Or something stating that ieps don't expire? I have been getting along well with people in the school this year- I just don't think the cm "gets" the problem. And, I really need the principal to stay on my side right now.
     
    Last edited: Dec 12, 2008
  2. Ropefree

    Ropefree Banned

    The principle can do what you are asking so talk to that person.
     
  3. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Well I would research the law on the following links, but I was taught a few years ago by similar experience.

    http://www.ed.gov/legislation/FedRegister/finrule/2006-3/081406a.pdf

    http://www.doe.virginia.gov/special_ed/iep_instruct_svcs/iep/index.shtml

    I signed what I believed would be produced after the paperwork was filled out, based on the discussion which was conducted. Upon receipt of the hard copy it was not correct, and it took me many times on the merry go around to get it corrected. So I was advised by mentor Advocate, to sign for attendance purpose only, and once I review the hard copy I would sign I agree. Last year, the head of Diag's for the school district, was at an ARD and told my school they could put a statement in the deliberations stating, "Parent agrees with the ARDC as was proposed and discussed, until she is able to review the documents."

    Though recently while advocating in another district an assistant principle pulled a power play with pressure and stated if the parent did as I suggested him to (as above) they would have to reconvene the ARDC and no services would change until the reconvened ARD. I looked it up and found out he was misinformed, which the parent was glad he had conceded to the reconvene, because there were some errors in the final documents. I look at the paperwork like a contract which it is considered a legal binding document and any information which is incorrect, the parent has the right as an equal member of the committee to ensure it is as was discussed and correct.

    I just received my son's ARD paperwork today and reviewed and they had made a typo saying he was to graduate this year when he is a junior, and he is not scheduled to graduate until next year. I look at it like this the recorder is attempting to listen so has to type the deliberations and when she fills out the other papers, there is room for human error. So I will be getting in contact with her next week to address the issues I found upon review to get them corrected.

    Hope this helps.
     
  4. dreamer

    dreamer New Member

    If it is not how you want it, I would not sign it, simple as that. If they need to reconvene to make it how you want it, so be it. If they NEED to have it well, then they bettter hurry.
    DO not sign one that is incorrect or that you want changed.
    You never know when something will pop up, some crisis, some emergency, whatever.
    I found in our due process hearing, our district tried hard to slide very old outdated IEPS across to hearing officer, or ones with pages missing.....or ones that were very blurred and then they tried to say it said this and that when MY copy said osmething else entirely.
    I learned in nurseing school to always always make sure things are written in clear concise manners, leaveing NO room for misinterpretation, guessing or errors. JUst becuz YOU know what something SHOULD say does not mean joe schmo will know, especially if joe schmo was not at the meeting.

    I also found that my difficult children IEP was useful years LATER for disability benefits....and for transition programs (transition into adulthood type programs, NOT "school") --- BUT by this time, these places are not going to want me to interpret what supposedly was said dureing any meeting, they will go by what IS on paper, in print, and they will take THAT as gospel.

    Hopefully uou will NEVER reach the adverserial levels we did with your school......but I am thinking of courts, gals, etc.....and future school personnel. It will be ever somuch better to do what you have to do NOW to push to get it all written correctly BEFORE you sign it. If they do not like haveing it be unsigned, then maybe they will hurry and tend to the matter correctly and in a timely fashion, so you feel comfortable signing it.
    Good luck!
     
  5. dreamer

    dreamer New Member

    PS - I fell for "signing for attendance only" one time. I say one time, becuz it turned out on our IEPs we had no place we had to sign as a parent agreeing to the iep. I also left ONE TIME before the final iep was done priniting, becuz school personnel said they had to have the room vacated for the next meeting for someone else, and they "said" they would get the copy to me later......when later occured, things were dramatically different than they were presented DUREING the meeting, and I had a HECK of a time getting it "straightened out"-----partly becuz I am now, in hindsight- certain this was my school intention all along......it was NOT "a mistake"

    I have also noticed copies of old ieps and goals etc being sent with quarterly progress notes (report card time) Our school LOVED to "mix up" old and current ieps etc. they also loved to "lose" them.....and very often teachers, even teachers who WERE present AT the iep meetings would later dureing conferences etc - exclaim, oh my I "forgot" difficult child had an iep. I always wondered how accomodations can work if people supposedly are not even aware there even IS an iep?

    Nope, the first step to being ABLE to be iep compliant is to have it written clearly and concisely and properly. (<sigh> which still does not always mean anyone WILL follow it properly, but, without it, how can they?)
     
  6. lillians

    lillians lillians

    i have found, altho iep is neccessary for our children to have special ahh classes,,i dont understand all that they mean,,i ead it all differently that they are meant,,i never go now to an iep without an advocate to interpret and to help me speak when i am ready to scream,i am also a believer that whether or not we sign which is a rubber stamping,, they do what they want,, my faith as yu can see is not there,, we came here and all the classes are segragated how disgusting
     
  7. SomewhereOutThere

    SomewhereOutThere Well-Known Member

    I take every IEP home first, read it over carefully, show it to an advocate, get opinions, add things, take things out, read it over with hub again, and THEN we bring it back. We almost never sign right off and NEVER until an Advocate looks at it. And we don't go to IEP meetings without an Advocate. The schools tend to steamroll right over you if you don't have one. I personally don't let myself be bullied anymore...and they know we'll have an Advocate on our side so the bullying has basically stopped. Do you have one? If not, I'd get one. They are free. Just call your State Dept. of Public Education and they'll put you in touch with one in your area.
     
  8. Sheila

    Sheila Moderator

    Check your state regs. In Texas, if you don't sign the IEP and don't ask to reconvene the IEP meeting, the IEP goes into effect after 10 days.
     
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