re: What to do now??

skm2

New Member
Can someone give us some direction in this matter??



My son is in 4th grade and has High funcitioning autism. He has an IEP and is in the regular classroom with accomodations and interventions. In his IEP, it states he is to take spelling tests and math tests in the learning support classroom amoung other accomodations. We found out 1 week ago that the elementary school is now full inclusion and the Special Education teacher spends 1 hour in the morning and afternoon in the regular ed classroom (we were never notified of this). we have TSS in the classroom for 3 hours per day for behavioral support. We became alarmed when the TSS were documenting 20-25 TSS prompts per hour (last year it was 2-3 prompts per hour) and 15-20 episodes of self stimulatory behavior (none seen for the past 1 1/2years). I met with his regular and spec. ed teacher and began asking for examples of how the IEP was being implemented --I asked to see his checklist, cue cards ect... they did not have any of these. I asked specifically about his interventions ---they are just not being done. I was told that full inclusion was new to them.
The newest event has occured this week. My son took The Cognitive abilities tests --his IEP is very specific (see below) about accomodations --well guess what he ended up with 3 days of testing and NO accomodations (we have TSS notes and my son to verify he took the tests in the regular classroom without any support and the same time limit) In fact, the TSS wrote " M_______ had his head down for most of the test" Below is the email my husband sent to the Special Education teacher, principle and Special Education. director this morning. The TSS note and my son confirm that today my son again was subjected to testing with NO accomodations --they are in direct violation of the IEP -- What can I do about this???

This is the email my husband sent:

Dear Ms. B_______,

It has come to my attention that M______ has had 2 days of CAT testing and was not
given the opportunity to take these tests with the accommodations as stated in his
IEP.

The IEP clearly states, and I quote,

“Student will participate in the District Local assessments with the following
accommodations.”

Taken in the learning support classroom with smaller testing groups, extended time,
frequent breaks, directions read aloud and clarified, and further accommodations
as per assessment specifications.

I would like verification of the following.

1. These accommodations are used for the remainder of the testing.
2. Michael is given the opportunity to retake the parts of the test where the
accommodations were not implemented.


I can't understand this --how can they just choose not to follow an IEP. Any suggestions on where to go from here.

Thanks

--------------------
momtomichaelryan
 

Fran

Former desparate mom
I am going to move this to Special Education forum. They are much more knowledgeable about the legalities.
I'm sorry they aren't honoring the IEP.
 

Sheila

Moderator
These are non-compliance issues. The sd is not following the IEP and it sounds that, due to delivery of services, there has been a change in placement. Only the IEP team can change the IEP or placement.

You may also need to make sure difficult child's teachers have a copy of the IEP. See Implementing the IEP at http://www.ed.gov/parents/needs/speced/iepguide/index.html .

See http://www.wrightslaw.com/info/lre.faqs.inclusion.htm regarding inclusion and implementing IEPs issues.

It would be wise to print the email out and mail it to the school district's Special Education Coordinator via Certified Mail. Certified Mail is "proof" the sd received the inquiry.

If they don't respond to the email or CM, there are other steps you can take. If you haven't heard back from the sd within a reasonable amount of time, post again.

Keep us updated.
 
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