IEP question re transfer of sd

Discussion in 'Special Ed 101' started by klmno, Jan 1, 2012.

  1. klmno

    klmno Active Member

    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 difficult child was released from Department of Juvenile Justice, the recv'g sd was trying to push me into signing an IEP saying difficult child "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 difficult child 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 difficult child still officially have the old one in effect? If not, what happens?
  2. DaisyFace

    DaisyFace Love me...Love me not


    When we moved from one state to another...

    My son was still in elementary school and had an IEP
    My daughter (difficult child) 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.
  3. TeDo

    TeDo Guest

    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 (Occupational Therapist (OT), Speech Language Pathologist (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 difficult child 1 this fall. Hope it helps.
  4. buddy

    buddy New Member

    Since Occupational Therapist (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. difficult child is still difficult child 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 evaluation??? 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-evaluation before three years too....if you think with what has happened it is important to get new info)
  5. klmno

    klmno Active Member

    Wonderful! thank you!! It's an IEP, not a 504, and there are no mandated services, hohwever, since my son is coming from a Department of Juvenile Justice 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 difficult child because they have let it be known to me they don't care what his educational goals are. Obviously, difficult child'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.
  6. klmno

    klmno Active Member

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

    buddy New Member

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

    klmno Active Member

    Yeah- I suspect difficult child 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 because PO wants difficult child 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 difficult child 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 because 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 difficult child's IEP and enforce that 'boundary' by refusing to sign if sd doesn't do something about it, without throwing difficult child under the bus academically. Sorry- that's getting side tracked.
  9. BloodiedButUnbowed

    BloodiedButUnbowed Active Member

    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.
  10. buddy

    buddy New Member

    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 Department of Juvenile Justice how much parental guardianship (I dont even know the term...that is probably not 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?
  11. klmno

    klmno Active Member

    Those are questions I'm trying to find answers to, B. The one thing I am sure of- I have never lost parental rights or had the right to them questioned. This PO is overzealous though- and that's an understatement. However, the sd will know I have parental rights that they have to maintain- it's just that PO's ignorance may throw difficult child under the bus in his efforts to show all his authority as a PO. I'm hoping they (PO and super) find some other kid that catches their attention soon so they back their radar off mine.

    Example- PO doesn't even have objectives of gh written yet, which is his job and my and difficult child's right to know. But he was jumping up saying he'd call sd to schedule reenrollment hearing/iep meeting (something I have experience in since difficult child went thru this before). Then I "mentioned" to attny while PO was in earshot that it shure is a good thing they are having mtg next week to determine which gh difficult child would go to- otherwise NO ONE would know WHICH SD to call to schedule that mtg. PO rushed away mumbling something about "OMG- we have to determine sd so this school can get records out". LOL! But the parole plan and goals are not even written. *sigh* Attny chuckled as soon as we got out of the door.

    When I told PO and super that while they have authority to write parole plan, they don't have authority to take over difficult child's IEP because it's protected by fed law (OK- I'm assuming it still is), he whispered to MY attny, "who's on an IEP team". Geez....One thing I do know- while difficult child is incarcerated, he goes to a school that is under the state authority of Dept of Correctional Education and they work hand-in-hand to be alongside and meet the same standards as the regular Dept of Educ.; they do NOT fall under Department of Juvenile Justice so I have the same parental rights, etc, with them- no one from Department of Juvenile Justice staff, proper, comes to IEP mtgs where difficult child goes to school while incarcerated. There's a typical Special Education director and everything else. I don't see any way on earth that I could have LESS parental rights in this situation. I would fight that if they claimed it.
  12. buddy

    buddy New Member

    Wow, all the information you know.... sounds like you have solid ground to stand on.... every post I...yeah, me non-violent Dee, want to go punch this guy in the face.
  13. gmdem13

    gmdem13 New Member

    Apparently, You have been in a situation to have signed for your child's IEP. Is this something you request from the school principal, or is this court ordered? and does it have to be agreed on by both parents - My husband has parental rights to schoolwork, seeing as he is Wheezy's biodad. However, would we bring up the IEP at a PPT?
    Being in not-so-great standings with Wheezy's mother, who oddly (is not even present on Wheezys birth cirtificate), however has full control over school procedings, does she have to Okay the IEP? or can we order one ourselves. biomom - Sensory Integration Disorder (SID) does not have the want or know-how to care for her son's dissabilities, therefore, I would not be reaching when I say she will most likely decline, even if it is in Wheezy's best interest.
  14. susiestar

    susiestar Roll With It

    K, your PO bugs me more than Janet's relative by marriage Buck does and I want to put a hex on Buck so his parts fall off. I want it to turn green and rot off on your PO. Bet that would keep him a lot busier than his charges would!!!!