Questions-just had first part of difficult child's IEP

Discussion in 'Special Ed 101' started by Wiped Out, Apr 10, 2007.

  1. Wiped Out

    Wiped Out Well-Known Member Staff Member

    We had difficult child's IEP meeting after school today. We did not complete it because two of the people we really wanted there had to leave early.

    It was a frustrating meeting. I know I posted about something similar last year. They are saying they cannot put in his IEP that he needs indvidual instruction (1:1) because our district doesn't allow this. I thought they couldn't do that if that is what he needs. He is reading at a kindergarten level and needs a direct program phonetic based. He also needs a replaced curriculum for math.

    The way I'm hearing it they are saying they won't have the staff so they can't put it in the IEP.

    Can they do that?

    Also we want to redo his BIP. He has had 5 1/2 days worth of suspensions this year and basically it is for things that are part of his disability. Any suggestions on wording or on alternatives to suspension. In school suspension is one idea I have.

    Sorry I know this is sort of rambling-it was a frustrating meeting.
  2. Sheila

    Sheila Moderator

    No, they can't. They are not saying he doesn't need it, they are saying they don't have the staff. If they can't provide what your child needs, they must contract with someone that can provide the service or hire appropriately trained staff.

    Whether the problem is a shortage of staff or the cost of hiring appropriate staff is the school districts problem.

    See :

    Discussion: Section 300.34(a) and
    section 602(26) of the Act state that
    related services include other
    supportive services that are required to
    assist a child with a disability to benefit
    from special education. We believe this
    clearly conveys that the list of services
    in § 300.34 is not exhaustive and may
    include other developmental, corrective,
    or supportive services if they are
    required to assist a child with a
    disability to benefit from special
    education. It would be impractical to
    list every service that could be a related
    service, and therefore, no additional
    language will be added to the

    Consistent with §§ 300.320 through
    300.328, each child’s IEP Team, which
    includes the child’s parent along with
    school officials, determines the
    instruction and services that are needed
    for an individual child to receive FAPE.
    In all cases concerning related services,
    the IEP Team’s determination about
    appropriate services must be reflected in
    the child’s IEP, and those listed services
    must be provided in accordance with
    the IEP at public expense and at no cost
    to the parents. Nothing in the Act or in
    the definition of related services
    requires the provision of a related
    service to a child unless the child’s IEP
    Team has determined that the related
    service is required in order for the child
    to benefit from special education and
    has included that service in the child’s

    As an example, transportation is also a related service. The US Dept comments are:

    Comment: A few commenters stated
    that the definition of transportation
    should require transportation to be
    provided between school and other
    locations in which IEP services are
    provided. Other commenters requested
    that the definition explicitly define
    transportation as door-to-door services,
    including provisions for an aide to

    escort the child to and from the bus
    each day.
    Discussion: A child’s IEP Team is
    responsible for determining whether
    transportation between school and other
    locations is necessary in order for the
    child to receive FAPE. Likewise, if a
    child’s IEP Team determines that
    supports or modifications are needed in
    order for the child to be transported so
    that the child can receive FAPE, the
    child must receive the necessary
    transportation and supports at no cost to
    the parents. We believe the definition of
    transportation is sufficiently broad to
    address the commenters’ concerns.
    Therefore, we decline to make the
    requested changes to the definition.
    Changes: None.
    Comment: Some commenters
    recommended removing the term
    ‘‘special transportation’’ from the
    definition of transportation because the
    term gives the impression that adapted
    buses are used for a separate and
    different transportation system, when,
    in fact, adapted buses are part of the
    regular transportation fleet and system.
    These commenters stated that adapted
    buses should only be used as a separate,
    special transportation service if the
    child’s IEP indicates that the
    transportation needs of the child can be
    met only with transportation services
    that are separate from the transportation
    services for all children.
    Discussion: We do not believe it is
    necessary to make the change requested
    by the commenters. It is assumed that
    most children with disabilities will
    receive the same transportation
    provided to nondisabled children,
    consistent with the LRE requirements in
    §§ 300.114 through 300.120, unless the
    IEP Team determines otherwise. While
    we understand the commenter’s
    concern, adapted buses may or may not
    be part of the regular transportation
    system in a particular school system. In
    any case, if the IEP Team determines
    that a child with a disability requires
    transportation as a related service in
    order to receive FAPE, or requires
    supports to participate in integrated
    transportation with nondisabled
    children, the child must receive the
    necessary transportation or supports at
    no cost to the parents.

    In other words, if a child require "X" for FAPE, cost, inconvenience, nor lack of staff are valid reasons for not providing it.

    Now, how do you get it in? Your best chance may be to use a parent attachment to the IEP at . List your proposals before you go to the next meeting, fill the form in as you go. Have a copy made at the end of the meeting and leave one with-the sd committee chair.

    Include your BIP proposals also.

    Let us know how it goes.
  3. lordhelpme

    lordhelpme New Member

    my child has and asst teacher in his classroom and we refused to sign the IEP unless it was on there. now our Special Education is paid for by a regional agency not just our sd.

    as for the bip i have been told over and over by the school sw that it is a fluid and living document that is constantly changing. we meet every 2-4 wks tweeking difficult child's bip. if the suspensions are the direct result of not implementing bip or problems aren't addressed in bip they are setting themselves up for possible problems down the line you decide to get fape elsewhere. you can call for a bip anytime and you are part of the team so don't let them get away with-telling you no!

    good luck sound like you have one of those sd that will say no to you until you back them in a corner just hoping that you will give it up.
  4. --Eleanor--

    --Eleanor-- New Member

    When you have an IEP team that is saying something that is directly contrary to IDEA (like the school district doesn't provided 1-on-1 aides) then it may be time to start tape-recording the IEP meetings. Let them know in advance that you will be recording. Either they will shape up, or you will then have the record you need to prove they didn't comply with the law. (We started recording meetings after the second time we caught them lying to us. The tapes proved extremely helpful in settling our case against the district.)
  5. Wiped Out

    Wiped Out Well-Known Member Staff Member

    Thank you all!

    Shiela-Thanks-I'll be printing this out and also writing info. to be included in the IEP.

    Coleen-Thanks for the BIP info. Interesting although I teach in the school there is still some stuff I am unsure of.

    Eleanor-I like the idea of tape recording. Makes me a bit nervous since I also work for the district and husband does as well but it may be something we need to consider.
  6. Martie

    Martie Moderator

    Many states will not allow taping in one guise or another. In IL, one needs the consent of every person present. I have never seen a SD fail to bring at least one "objector."

    If you can do it, it's a good idea, however.

  7. dreamer

    dreamer New Member

    I hope you can tape record. I requested to be able to tape record to accomodate MY disability and was still denied. The district offered me a scribe in form of one of the teachers taking notes of the meeting. :-(