Officially - who does it fall on to schedule the IEP meeting?

Shari

IsItFridayYet?
When there's a request for a meeting for an existing IEP, who's shoulders in the district does that ultimately fall on to see to it that it gets scheduled?

Its the special services department, isn't it? Not the Special Education teacher?
 

justour2boys

Momto2Boys
For me, when difficult child#1 was in elem. school, I write one letter to the Principal and cc everyone: sp ed teacher, classroom teacher, Speech Language Pathologist (SLP). Basically, if you signed the last IEP, I cc'ed you on the request for any meeting/requests going forward.

But last year when difficult child#1 was in middle school, I sent a email to sp ed teacher (case manager) and I cc'ed the "Student Services Coordinator" (Vice Principal) and the one classroom teacher I was having an issue with.
 

klmno

Active Member
Someone should be designated as a Special Education services director (or something along those lines) at the school. If no one at the school is giving you timely responses or responding as they should (ie, by scheduling a requested IEP meeting in a reasonable amount of time- I think it's 2 weeks), then it falls on the principal's shoulders only because he/she must have a chance to "fix" any problems within the school. If the principal doesn't respond accordingly, then the complaint and issue can be dealt with on the school district level- as in the Director of Special Education at the sd admin building. At least that was what was explained to me when I skipped the principal and mailed my certified letters straight to half the sd admin and school board and copying a Special Education attny. Even so, that did get us someone from the sd's Special Education dept. at iep meetings for the remainder of time that difficult child went to public school and that did help- I didn't win everything I wanted for difficult child but the lies and BS came to a screeching halt and the lady from the sd occasionally had some great ideas that none of the rest of us had thought of.

Shari, I'm not sure if this is true and it never mattered much in my son's case but the Department of Juvenile Justice sd has told me repetitively that a kid (even a kid with an iep) MUST have a certain amount of educational hours in order to get credit for a certain class. IOW, if it's a year long Science class at 45-50 mins each and they cut the time in half and are only willing to provide half that time, I'd be asking if that meets your state's requirements for the minimum requirement for that class. (Don't even ask your sd that- call your state DOE. You can probably ask them several other questions about the legality of your sd and might save yourself a few bucks for an attny.)

I have a feeling that they might come back and say their only choices are this schedule or putting Wee back to a lower grade but they are the ones who aren't rising to the occasion, in my humble opinion. I'm with Sue though, this has been going on so long that I can't see them even taking you serious without an attny on your arm at this point. I think I'd already be at the point of giving up and just doing things their way or moving or getting an attny and going for the fight. I would be wayyyyyy over any more nasty letters, but that's just me. I have reached that point with parole/probation and other CSU people regarding my son so maybe my patience is just completely gone with this type of koi. I don't want it dominating my life anymore.
 

slsh

member since 1999
I always sent requests to sped director (for the district). He/she had X # of days to schedule IEP mtg according state law - I'm thinking.... (gosh, it's been so long now and I forgot so fast, LOL) .... maybe 5 business days to schedule mtg and then they had to send 10-day prior written notice. If it was an urgent matter, I always included a stmt in my certified letter requesting the IEP mtg that I waived the 10-day PWN. Some sped dirs I was able to just call and things got done quickly - the pains I always sent certified letters requesting IEP or at the very least a certified letter of understanding that I had talked to them on X date at Y time and they had agreed to set up an IEP mtg ASAP since I waived PWN.

klmno does have a good point about minimum requirements. The problem is that SD has already set a precedent of not providing a full day of education. I know you've got some good advocates working with- you Shari - I'm wondering if they've ever addressed the fact with- the SD that Wee should be in school for a full day and if the SD has ever sent a formal written refusal to do so, with the necessary documentation. Compensatory education should be, in my humble opinion, something that is going to have to be addressed with- SD. The sooner the better.

FWIW, depending on how far down you get inhaled into sped services, be aware that sped students do *not* have to meet state/SD graduation requirements. Some districts will issue a certificate of completion when the student ages out. Others (like my evil SD) will hand out a diploma, and count that sped student as a "graduate". If they ever start talking about having Wee doing "alternative" state testing, you need to *run* to the nearest attorney and put a stop to it. In my experience, "alternative" state testing lets SD completely off the hook for ever educating a child. They become the ultimate in children left behind.
 

klmno

Active Member
In our state, they use a "Modified Diploma" for Special Education kids that can't/don't reach the requirements for a standard diploma. In some cases, I'm sure that would be the best option but in others it would be leaving a child behind and just handing them a piece of paper. I don't think you want to even consider this or limit Wee's option on this when he is still so young and in elementary school.

There are ways the sd can compensate for shorter days in school, I think....I'm thinking special tutoring or something. Really, I'd be researching state DOE requirements and burning the phone lines with them. They KNOW that if they don't make a local jurisdiction comply with the law, you can go to a federal court because part of this is federal law. The sd will let you drag on forever in a state court until you are out of money.

I called our state doe when difficult child was put in Department of Juvenile Justice this past time and that school automatically assigned him to a BUNCH of classes for commercial cleaning and such when difficult child's iep and transitional plan specifically said he was going for the advanced diploma (which I think he's blown now) and wanted to go to college, should get college prep classes and had the grades for them. The state Special Education person was on the phone with the Department of Juvenile Justice admin Special Education director in less than a day and a "plan" was formed and things changed FAST.

Just keep in mind- the state doe is the authority over the local sd. If they don't do their job, the fed gov can step in.
 

klmno

Active Member
PS I'd wait on signing any IEP with shortened days and classes until finding out for sure that this isn't basicly the same as signing a waiver for this school to give Wee less than state requirements, legally. You have to be careful with these IEPs- some things we sign let the sd off the hook.
 

Shari

IsItFridayYet?
Thanks for the input - I knew they didn't have to meet the same criteria, but I didn't know they wouldn't get a regular diploma in the end. These are the things I will have to learn and watch for now. Until now, he was young enough the state testing, etc, wasn't a big deal. Going forward, it will be. He'll also start being graded now, and I don't want them to reduce his academic goals to nothingness. He's a kid with a high average functional IQ. (His true IQ may be higher) Not someone who shouldn't be able to learn.
 

Shari

IsItFridayYet?
And I ask because the past 3 times we've had a meeting, sped dir has deferred to sped teacher to schedule it. Including this last meeting that didn't happen. I didn't really think that was sped teacher's job.
 

JJJ

Active Member
The whole modified diploma thing isn't a factor unti he starts high school. The biggest battle right now is to get Wee in a full day self-contained environment so that he can start getting some true instruction. Other things you might want to consider adding to the IEP: (1) no grades on report cards, just IEP updated goals (and have those goals reflect the state standards for wherever he is now plus reasonable growth (2) either significant accomodations for the standardized tests or having him take the alternate assessment (or you may wish to let him 'bomb' the test as it hurts the district far more than it hurts Wee).
 

keista

New Member
The whole modified diploma thing isn't a factor until he starts high school.

I beg to differ. If he begins taking "alternate assessments" at this age instead of taking the standardized tests, he may never be eligible for a regular diploma. It depends on what's required in your district/state. The standardized tasts can always be accommodated, and in my opinion it's better for him to bomb them than not take them at all. Kids who fail the standardized tests get additional resources and you don't want him missing out on that either.
 

Shari

IsItFridayYet?
According to exMIL, nothing counts til high school in this district. But it's worth keeping an eye on.
We did testing last year, but the modifications required for him to do them invalidate the results. Only 19% of the district met the no child left behind requirements. Pretty sad.
 
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