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<blockquote data-quote="Sheila" data-source="post: 75626" data-attributes="member: 23"><p>Based on what I've read from your threads, your school district has more than one non-compliance issue. Following up meetings such as this with a Letter of Understanding is a good idea as a matter of practice, and it's also a good way to document the school district's non-compliance problems if you have need of the info in the future. Just state the facts and agreements, be unemotional, do not cite statutes -- just a letter that's similar to when minutes of a meeting are taken.</p><p></p><p>When a child is first deemed eligible for an IEP, and the IEP is written, the school district has a certain amount of time to implement the IEP. That's not your child's case because this isn't the initial IEP.</p><p></p><p>§ 300.323 When IEPs must be in effect.</p><p>(a) General. At the beginning of each</p><p>school year, each public agency must</p><p>have in effect, for each child with a</p><p>disability within its jurisdiction, an IEP,</p><p>as defined in § 300.320.</p><p></p><p>The regs allow some latitude to school districts as far as giving teachers copies of IEPs. It's not required by federal law, but teachers and other school district personnel still have the responsibility of fully implementing the IEP. If I were a teacher, I wouldn't want to rely on other personnel to tell me my IEP responsibilities on a per child basis. However, whether administration gives copies of IEPs to teachers or not, they have access to it.</p><p></p><p>Accessibility of Childs IEP to Teachers</p><p>and Others (§ 300.323(d))</p><p>(d) Accessibility of childs IEP to</p><p>teachers and others. Each public agency</p><p>must ensure that</p><p>(1) The childs IEP is accessible to</p><p>each regular education teacher, special</p><p>education teacher, related services</p><p>provider, and any other service provider</p><p>who is responsible for its</p><p>implementation; and</p><p>(2) Each teacher and provider</p><p>described in paragraph (d)(1) of this</p><p>section is informed of</p><p>(i) His or her specific responsibilities</p><p>related to implementing the childs IEP;</p><p>and</p><p>(ii) The specific accommodations,</p><p>modifications, and supports that must</p><p>be provided for the child in accordance</p><p>with the IEP.</p><p></p><p>When something destabilizes my son early in the year, it's a very, very long year for parents and school personnel. In a school district such as yours, particularly when the sd has a track record of not getting pertinent info to the teachers timely, I'd make copies of the IEP and distribute them myself. It's not the parent's responsibility, but I'd rather be safe than sorry.</p><p></p><p>And just so you know:</p><p></p><p>A new § 300.530(e)(3), has been</p><p>added to provide that, if the LEA [school district], the</p><p>parent, and members of the childs IEP</p><p>Team determine that the childs</p><p>behavior was the direct result of the</p><p>LEAs failure to implement the childs</p><p>IEP, the LEA must take immediate steps</p><p>to remedy those deficiencies.</p><p></p><p>Hope it's smooth sailing from here on.</p></blockquote><p></p>
[QUOTE="Sheila, post: 75626, member: 23"] Based on what I've read from your threads, your school district has more than one non-compliance issue. Following up meetings such as this with a Letter of Understanding is a good idea as a matter of practice, and it's also a good way to document the school district's non-compliance problems if you have need of the info in the future. Just state the facts and agreements, be unemotional, do not cite statutes -- just a letter that's similar to when minutes of a meeting are taken. When a child is first deemed eligible for an IEP, and the IEP is written, the school district has a certain amount of time to implement the IEP. That's not your child's case because this isn't the initial IEP. § 300.323 When IEPs must be in effect. (a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in § 300.320. The regs allow some latitude to school districts as far as giving teachers copies of IEPs. It's not required by federal law, but teachers and other school district personnel still have the responsibility of fully implementing the IEP. If I were a teacher, I wouldn't want to rely on other personnel to tell me my IEP responsibilities on a per child basis. However, whether administration gives copies of IEPs to teachers or not, they have access to it. Accessibility of Childs IEP to Teachers and Others (§ 300.323(d)) (d) Accessibility of childs IEP to teachers and others. Each public agency must ensure that (1) The childs IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and (2) Each teacher and provider described in paragraph (d)(1) of this section is informed of (i) His or her specific responsibilities related to implementing the childs IEP; and (ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. When something destabilizes my son early in the year, it's a very, very long year for parents and school personnel. In a school district such as yours, particularly when the sd has a track record of not getting pertinent info to the teachers timely, I'd make copies of the IEP and distribute them myself. It's not the parent's responsibility, but I'd rather be safe than sorry. And just so you know: A new § 300.530(e)(3), has been added to provide that, if the LEA [school district], the parent, and members of the childs IEP Team determine that the childs behavior was the direct result of the LEAs failure to implement the childs IEP, the LEA must take immediate steps to remedy those deficiencies. Hope it's smooth sailing from here on. [/QUOTE]
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