Reasonable timeline re:IEP

[whatamess]

I put in a request (via email) to two administrators this last Friday to set up an IEP. I sent a follow-up email yesterday as I hadn't heard anything from either person. My school district and I have a very contentious relationship and they know I have pressing issues re: difficult child's IEP that should have been addressed months ago. How much time is reasonable for them to reply to my request for the IEP? Should I get seriously crabby now or in a few days?

 

[susiestar]

i don't have any idea. I would think the people over on the Special Education forum would be the ones who could besst answer this.

 

[JJJ]

You need to send the request for an IEP Meeting via certified mail, return receipt. They can always claim they didn't get the e-mail but it is hard to claim that they didn't get something when they signed for it.

If he already has an IEP, there isn't a federal timeline but there may be a state one. What state do you live in?

I would send the letter C/RR to the director of Special Education. After 5 school days of hearing nothing, I would send a copy C/RR to the principal and the District Superintendent along with a letter to them stating that you sent an e-mail on XX/XX/2010 and XX/XX/2010 (include copies) and a C/RR letter on XX/XX/2010 to director of Special Education and that you have still not heard from her/him. I would state that you have grave concerns that difficult child's IEP is not being implemented as written/is no longer meeting his needs in the LRE (whichever applies)_and that you feel that your son is not receiving a F.A.P.E.
Give them 10 days to reply and if they continue to ignore you, bounce the whole issue to the state level.

 

[agee]

Your school system should have a Special Education (or exceptional children or whatever they call it) handbook that spells out the procedures. Once you've requested an evaluation - which is what they have to do before determining whether or not kiddo gets an IEP - the clock starts ticking on how long they have to do it. In my school district it's 60 days. May be different where you live.
Call the head of the Special Education. dept. at your school district and ask for the guidelines in terms of timeline.
Believe me, I totally get the frustration and disgust with-the schools - I am WITH YOU - but the more calm you can be, the more information you have available, the more power you will have in the long run.
Good luck, sister.
A

 

[totoro]

I always thought it was 60 days? When certified...
I have gotten to the point that if I don't hear from K's Sped. Director when I request a meeting, now I just do them by e-mail, I will run into her at school and ask her if she received my e-mail? I also make sure and let the teacher know what I am trying to do- I do all of this in a "very nice" way.
I do this after 1-2 days. But we are on good terms.

 

[whatamess]

Thanks, I got a response today. Not a date for a meeting, but a "we're working on it" (which is better than nothing).

 

[justour2boys]

Before I answer in detail, I have a question... does your child already have an IEP and you are requesting a meeting to discuss it... or are you requesting the IEP process to start.

There is no timeframe for requesting a (standing) IEP meeting to be called.

If you are requesting a (new) IEP, the first step is to request an evaluation. The school will give you a parental consent for testing... the date it is signed, is the date used to set the "clock" ticking. There is no timeframe for getting you the form. But once signed, the federal time frame is 60 days, but it is less in some states.

As I'm sure other posters will tell you... submit all requests to the school in writing & mailed certified!

For more info, try this web site... http://www.wrightslaw.com/

From a Mom of 2 Boys
DS#1: Auditory Processing Disorders (APD) & ADD with- IEP
DS#2: ADHHHHHD with- IEP

 

[whatamess]

Thanks guys. He already has an IEP. Districts do have a timeline to get the consent form to the parent- 15 business days, I do believe. And then the parent can take as little or as much time signing, but once it is signed the 60 days to IEP commences.

My question revolved around not necessarily a law regardarding response to IEP revision/meeting, but rather what most would consider an adequate/courteous amount of time to wait for a response to that request.

 

[LittleDudesMom]

My question revolved around not necessarily a law regardarding response to IEP revision/meeting, but rather what most would consider an adequate/courteous amount of time to wait for a response to that request.

I think the "adequate/courteous" amount of time varies from school to school, district to district. It can depend on something as small as your relationship with the team, how busy they are at any given moment, etc. I have normally (in both elementary and middle school) gotten a response in 48 hours as result of a phone call message or an email.

Don't forget that you do have an annual IEP review and that date is listed in the IEP itself.

Good luck with the meeting.

Sharon

 

[slsh]

For some reason, I'm thinking the district has 10 days (according to Wright's Law, unless it specifically states "business days", 10 days equals 10 calendar days) to respond to a request for an IEP mtg but I cannot find that anywhere in IDEA and I'm wondering if it was a timeline that is set by the state. You might try checking out your state's sped statutes to get specific info on timelines.

I continued on scrounging through regs, LOL, and did find that IL sped law mandates that a response must be given to parents within 10 days of receipt of request for IEP mtg. IDEA wimps out on us and says a "reasonable time". But that receipt of request is why a certified letter is so important - that way you have a verifiable way of showing that SD received the response on Sept 1 (or whenever).

So I'd give them 10 days to respond to you, at least, or however many days your state sped laws specify, if they do specify.

 

[JJJ]

I checked Wright's law and federal law is silent on response time to an IEP meeting that does not deal with evaluation/eligibility. They left it to the states, so without whatamess's state, there is no way to know if there is a legal limit (that 60 day federal timeline only applies to evaluation/eligiibilty meetings).

But I agree with Slsh, 10 days is plenty of time to be polite.