I didn't know he had an iep or a 1:1!!!!!

Discussion in 'Special Ed 101' started by LittleDudesMom, Sep 13, 2007.

  1. LittleDudesMom

    LittleDudesMom Well-Known Member Staff Member

    Need a little guidance here. Suprising development with difficult child's middle school. I knew last week was hectic for everyone at difficult child's new middle school so I waited until this week to call and request a meeting with the director of Special Education (who happens to be the school's compliance officer and his case worker) to review difficult child's IEP and make sure the teachers knew stuff like textbooks at home, etc.

    A little background. In elem school, difficult child had resource for math and la. When I met with the principal of the middle school last year, he said they didn't do resource they did collaborative and it worked really well.

    This summer I met with his Special Education teacher, gen ed teacher, and the asst principal of his elem school to rewrite his IEP with middle school in mind. They suggested that we write collaborative for all subjects because of some of his writing issues (which don't appear to be significant so far, he is taking notes like crazy and his 1:1 helped a little in history yesterday).

    When the Special Education teacher called me back yesterday, we began our conversation and she didn't even know difficult child had an IEP :surprise:! She also didn't know he had a 1:1 and said she had made a point to meet the other 1:1s but hadn't met difficult children :surprise:! As we began to go over his IEP on the phone, we got to the accoms/mod section and she went down the list basically saying everything was transferable to middle school. She then asked "Does he have his textbooks at home yet?" "No, if you didn't know he had an IEP, then his teachers wouldn't have a copy of it to follow through, correct?" "Yes, that's true. Send a note with him tomorrow for him to give to all his teachers that indicates per his IEP, please send home an additional text."

    So that's my job huh?

    Then we got to the services page and she said "Oh, oh no. It says here collaborative for English, Math, Science and History. He's not in collaborative, we are going to have to change this right now! We will have to get him in the collaborative classes!"

    "Wait, wait, wait", I said. I don't want difficult child pulled out of his classes today and tomorrow and all switched around. He loves his teachers and appears to be adjusting well. The worse thing we can do is change everything around. I am a little upset here that noone at the school checked IEPs before school started and classes were assigned!"

    "Well, if this is in his IEP, I have to legally follow this and move him now."

    "Ok, ok, how can we get around this for a few days until you are able to speak with this teachers? There has to be a way we can buy some time?" So, she puts me on hold for awhile and comes back and says, "I can indicate that we had a meeting over the phone, resulting in calling an emergency IEP meeting for next week and that way we can leave him where he is for now."

    "Ok, let's do that and go ahead and schedule the meeting. I'm avialable every day but Wednesday."

    So, we have a meeting on Tuesday at one with her and one of his teachers (fortunately his Math teacher was available then which is where I have the most concern).

    I spoke with difficult child yesterday afternoon. I kinda explained to him about the collaborative thing and the chance that he may keep the same teachers, just different periods. He said that there was already a second teacher in math and his english teacher was a man and he does really well with man teachers :crazy2:!

    So I will find out at the meeting next week if he happens to already be in a collaborative room for math - luck of the draw - or if that is a student teacher.

    So, aren't the schools supposed to review their student body anticipating IEPs before scheduling their fall classes? Am I just used to the fab school he was in before and expecting too much?

    Please give me some advice or regs I can pull on to show they are wrong and I am right :smile:.

    My gut tells me to pull the colab off history, science and english and put the dictation to scribe back in his IEP for use in English. Thoughts? Advise?

  2. Sheila

    Sheila Moderator

    It must be contagious. lol I just posted about this topic on kjs' thead in girlfriend. I cut and pasted so all comments may not be applicable to your situation.

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Based on what I've read from your threads, your school district has more than one non-compliance issue. Following up meetings such as this with a Letter of Understanding is a good idea as a matter of practice, and it's also a good way to document the school district's non-compliance problems if you have need of the info in the future. Just state the facts and agreements, be unemotional, do not cite statutes -- just a letter that's similar to when minutes of a meeting are taken.

    When a child is first deemed eligible for an IEP, and the IEP is written, the school district has a certain amount of time to implement the IEP. That's not your child's case because this isn't the initial IEP.

    § 300.323 When IEPs must be in effect.
    (a) General. At the beginning of each
    school year, each public agency must
    have in effect, for each child with a
    disability within its jurisdiction, an IEP,
    as defined in § 300.320.

    The regs allow some latitude to school districts as far as giving teachers copies of IEPs. It's not required by federal law, but teachers and other school district personnel still have the responsibility of fully implementing the IEP. If I were a teacher, I wouldn't want to rely on other personnel to tell me my IEP responsibilities on a per child basis. However, whether administration gives copies of IEPs to teachers or not, they have access to it.

    Accessibility of Child’s IEP to Teachers
    and Others (§ 300.323(d))
    (d) Accessibility of child’s IEP to
    teachers and others. Each public agency
    must ensure that—
    (1) The child’s IEP is accessible to
    each regular education teacher, special
    education teacher, related services
    provider, and any other service provider
    who is responsible for its
    implementation; and
    (2) Each teacher and provider
    described in paragraph (d)(1) of this
    section is informed of—
    (i) His or her specific responsibilities
    related to implementing the child’s IEP;
    (ii) The specific accommodations,
    modifications, and supports that must
    be provided for the child in accordance
    with the IEP. </div></div>

    No, it's not your job to send the note. lol But, it might speed things up and reflect favorably for the spirit of cooperation. lol

    I'm glad she was aware of the new emergency IEP provisions, otherwise, legally, she would have had to "follow the IEP" immediately and move difficult child.

    Sounds as if they are willing to get things worked out quickly.

    Re revisions: go with your gut. You know your child best.
  3. LittleDudesMom

    LittleDudesMom Well-Known Member Staff Member

    Hey Sheila,


  4. SRL

    SRL Active Member

    Sharon, I've heard so many reports from parents saying that teachers weren't aware of the IEP when school started that I always send an email to difficult child's teachers a few days prior to school starting. I always close with a comment encouraging them to contact me if they have questions or concerns and give the best way to do that. I know it's the school's job but it only takes a few minutes (now that he's stable) and I figure it's worth it to establish contact with the teachers.
  5. LittleDudesMom

    LittleDudesMom Well-Known Member Staff Member


    it is a little different going to a new school, and middle school since difficult child has eight teachers. We didn't get his schedule until the Friday before school started and Monday was Labor Day! Didn't give me time to do much. And, I was told by the team leader at difficult child's old school that his IEP would be available online and that his new school would have access before school started. I guess I'm still a little too trusting.

    Elementary school was so much easier with one or two teachers to deal with!

    I believe in my gut that this school will be great for difficult child. I think they will see on Tuesday that they are dealing with an informed, involved parent.

    The principal told me that difficult child's old principal saw him at a principals meeting Monday evening and said "you take good care of difficult child and his mom - they are some of my favorite people!" Hopefully that recommendation will fall down the ranks!!!!!!!!!!!!!!!!!!!!

  6. Kjs

    Kjs Guest

    Sharon - I have been having so much difficulty with my son's school and he hasn't switched schools. Even 3 days after I told them he had an IEP, I am dealing with the same issues.

    I am impressed with your school. Once they became aware or the IEP, they wanted to implement it immediately. Glad you were able to get the emergency IEP. Moving a difficult child can make things worse.

    Not so willing to do anything at my son's school. I highly doubt this teacher even read it. Only seem to be having trouble with one teacher. Keeping my fingers crossed.

    I hope you are able to get things to work out at your meeting Tuesday. They seem willing to work with you. Sounds Great!