A helping hand.....

[LittleDudesMom]

this is actually an extension of my other post, but I couldn't figure out how to edit the subject line to show that I was adding an update :confused:

I spoke with difficult child's principal yesterday regarding difficult child's acceptance to the out of zone middle school and how to proceed regarding the iep issue. Naturally, he confirmed the whole "have paper in hand, can't refuse admittance now" stuff. But he offered some additional assistance.

difficult child had a wonderful Special Education teacher last year who left the city schools and went out to the county (same country where difficult child will be going). He asked if I had her number. I said I did. He wants me to give her a call this weekend and make an offer. He will buy her lunch/dinner if she comes out and meets with us one day after school early next week. She is really experienced with IEPs and he wants her to help us change difficult child's to insure that he has a 1:1 and all supports in place for success in middle school!

We are going to try and get it done the first couple days of the week so I can go ahead and schedule an appointment with the registar at the new school. Principal said that difficult child can handle the mainstream classes, but would benefit so much from small group and the assistance of a 1:1 to start out middle school.

So, it appears this old school is going to be so hard to leave - I have gotten so much support here. I just can't imagine a more caring and supporting enviornment.......but life marches on......

thanks for listening.

Sharon

 

[Sheila]

Wow! What a great principal!

They really would open themselves to discrimination. It sounds as if you'll have some assistance though, so be optomistic.

http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C300%252E323%2C

Regulations: Part 300 / D / 300.323
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Sec. 300.323 When IEPs must be in effect.

(e) IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child's IEP from the previous public agency), until the new public agency either--

(1) Adopts the child's IEP from the previous public agency; or

(2) Develops, adopts, and implements a new IEP that meets the applicable requirements in Sec. Sec. 300.320 through 300.324.

 

[LittleDudesMom]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sheila</div><div class="ubbcode-body"> transfers to a new public agency in the same State, and enrolls in a new school within the same school year </div></div>

Sheila, the operative word here would be "within the same school year" I imagine. This would be for next school year. Any regs that address same state but different school year?

Thanks,
Sharon

 

[mistmouse]

Sharon,
I may be wrong about this, and if I am Sheila will give you correct information, but it seems to me that if your son has an IEP that is in effect right now then unless he has an annual IEP meeting coming up before the next school year this current IEP would be "within the same school year". In other words, it is my understanding that because my daughter's annual IEP meeting comes up in May, whatever we write for that is in effect until the following May even though she hasn't started the new school year. It is next school year we are writing goals and such for in May. That is the way I understand it anyway. Good luck!!

mistmouse

 

[Martie]

This is a "natural transition" but if his IEP team this spring finds him still eligible (it will), then the "new" IEP has to be in place at the start of school in the fall. That is why IEP meeting are in the spring. The law is very specific.

Martie

 

[LittleDudesMom]

thanks for the info. I think I will go along with making the 1:1 change in the iep now, so that the new school has that as "the plan", then when we sit down in the spring, make sure the new school gets a copy of that one as well.

Thanks guys, I'm printing out this thread for my file!

Sharon