IEP question re transfer of sd

[klmno]

I'm aware that 1) until a new IEP is agreed upon and signed, the old one remains in effect, and 2) when a student changes sds, an IEP meeting must be held; but does the old IEP from the "old" sd remain in effect at the new sd if it takes a few meetings at the new sd to reach an agreement? The last time gfg was released from djj, the recv'g sd was trying to push me into signing an IEP saying gfg "didn't have one at all" until I agreed to the one they wanted. Is that true? The PO and case worker and doG knows who else will be at the one coming up when gfg gets released this time and PO thinks he can write everything he wants so I'm forseeing a major problem here. I just want to know if I am not willing to give in to that intimidation and don't sign the IEP if it tosses out everything from the last one, will gfg still officially have the old one in effect? If not, what happens?

[DaisyFace]

K--

When we moved from one state to another...

My son was still in elementary school and had an IEP
My daughter (GFG) was in middle school and had a 504


The elementary school followed my son's old IEP until a new one could be written and agreed upon.

The middle school declared that the old 504 plan "didn't count"...and neither did any of the previous school's testing.

So I think it is a cr*p-shoot....and will depend upont he folks running the school.

[TeDo]

Yes, the old IEP stays in effect ("as much as they are able") until a new IEP is written. Here, an IEP meeting is held within 30 days of transfer. Not sure if that's Federal, State, or just policy. If there are services (OT, SLP, etc) that aren't available, they are not legally required to provide them. If certain technology is specified in the IEP and they don't have it, they are not required to provide it. That is as much as I know from transferring gfg1 this fall. Hope it helps.

[buddy]

Since OT, SLT etc. are mandated services they would have to find a way to provide them if they dont have it. A charter district I worked in hired through a private agency. We got many transfer students and had to follow the IEP's each time. Q's was followed too until we wrote a new one. And they cant just dump the old goals and come up with new ones until they state his current level of performance on the old goals and then say if he has met the goal (so, time to move on) or if they need to update/revise the goal etc..... or if the team has agreed as a whole to dismiss it as not being appropriate any longer and why. It is supposed to all be documentedin the IEP under present level of performance. GFG is still GFG and if those areas of need are still there then they still have to provide the services. HOW they do that may vary.

When was his last three year eval??? That has to be done too if it is not up to date...that will with present levels and since he is of age for transition goals his input on all of those assessments will be there. (you can do a re-eval before three years too....if you think with what has happened it is important to get new info)

[klmno]

Wonderful! TY!! It's an IEP, not a 504, and there are no mandated services, hohwever, since my son is coming from a djj facility, the placement in mainstream school vs alternative school has to be addressed at enrollment and that includes the IEP team as well as the hearing officer. For some reason, POs in this jurisdiction want to attend that. The PO's super has a major attitude now and I suspect they really 'don't get' that they can go to this meeting but can't dictate the IEP, although I'm sure they'll try. Further, that will basicly be advocating against gfg b/c they have let it be known to me they don't care what his educational goals are. Obviously, gfg's educational goals and transition plan are a part of this current IEP which is signed by several people. I don't need PO over there undermining years of efforts so I was wondering what happens if I don't sign. I plan to take attny to act as advocate (and witness) for this meeting.

[klmno]

He's good on the eval- it was in 2010. I do recall hearing that the new sd can conduct their own eval if they question the one done at another sd but I don't expect that to be the issue.

[buddy]

Now there is an interesting question! How will they handle LRE???

[klmno]

Yeah- I suspect gfg may have to go to alternative school for the rest of the school year. That's not the end of the world but I'll be advocating against it (although not overly pushing the issue). What I will be pushing for is 1) if he does well, he goes to mainstream next year for his senior year, 2) the transitional goals remain as they are instead of changing to independent living just b/c PO wants gfg to get a job and doesn't care if he quits school or not, and 3) they don't undermine previous efforts that have proven to gfg if he behaves in school and maintains grades, he can continue to pursue his goal to go to college.

All these things- sd issue, long term gh with no reunification plan, etc, are helping attny build a case to get this to court b/c it's showing that PO's appraoch is contridictory to state's current initiatives to reduce recidivism. I just wanted to know if I could draw the line when it came to gfg's IEP and enforce that 'boundary' by refusing to sign if sd doesn't do something about it, without throwing gfg under the bus academically. Sorry- that's getting side tracked.

[culturanta]

As the parent you have the ultimate authority over your child's IEP. Nothing can be done without your consent as long as you are an active and involved member of the team, which it definitely sounds like. Definitely do not consent to anything unless you truly believe it will benefit your child. Document everything with dates, times and names, and consider bringing a parent advocate with you to all meetings with contentious parties.

[buddy]

I dont know if this is consistent, but here if you dont sign it is implied consent. You have to sign that you disagree with the proposed IEP. Just in case...

I think it is a good idea to use that route.... How much say do they get in the process when he is under their jurisdiction??? once out of djj how much parental guardianship (I dont even know the term...that is probably not it...you know what I mean though right???) do you have... If he is in the long term GH then they have custody but what rights do you have?