What's the time requirement??

Discussion in 'Special Ed 101' started by klmno, May 1, 2012.

  1. klmno

    klmno Active Member

    Does anyone know the time requirement for a sd to have an IEP when a student who's already on an IEP transfers to a new sd? In our state, the sd in Department of Juvenile Justice is independent so it doesn't mattter that my son was in Department of Juvenile Justice- this is legally to be handled the same as any other transfer. He's been in this school 10 days now and I have no word whatsoever on an IEP mtg even being scheduled.
  2. buddy

    buddy New Member

    Here, there has to be a notice of intent signed immediately stating that the current IEP is (or isn't) being accepted as is with a significant change (being the district change) and any other needed changes. The date for re-writing it can be the annual date, we are past that for Q but it is being drafted, he moved right when the new IEP was to be written so not really anything we could do. I haven't had to do that much but when we had new kids come to our school as a transfer (charter school) we did the same, accepted the IEP as written (with only significant changes related to how our program was run, like DAPE provided in a different way etc.) and then within six weeks we chose to meet and rewrite to make sure the IEP fit (since the change was usually due to some issue and they wanted to update it and make it fit the things we had to offer).... Not sure of the legal time though, is it on writeslaw? Can you call the state dept of ed?
  3. keista

    keista New Member

    I used to know this one. I think it's 30 days, but only school days count. so about six weeks. Should be on the wrightslaw website. I'd search keywords IEP transfer, IEP move, etc. In the meantime, they are supposed to follow the current IEP.

    I had to deal with this when we moved from SC to FL and son was in K. What a nightmare. I didn't have a diagnosis for son yet, but had an IEP. The school we got zoned for was the epitome of chaos and son was getting swallowed up! My little rule follower was breaking rules, and the teacher was telling me he was doing GREAT socially but failing academically. ???????????????? Complete opposite of SC. I remembered in his psychiatric report "borderline autism" was mentioned so I started shouting that demanding the IEP review. Finally got it AND a transfer to a new school.
  4. slsh

    slsh member since 1999

    I may be wrong, but I'm not sure there is a timeline. The former IEP is in effect until a new one is written, which (I think) would be on annual review date. Do they seem to be following current IEP?

    If you have concerns, I'd just write a letter requesting an IEP mtg and have that timeline kick in.
  5. keista

    keista New Member

    According to this site, It seems as if there is no new meeting or evaluation in your situation. http://www.ldanatl.org/aboutld/parents/special_ed/IEP-transfers.asp

    If the child enrolls in a new school district in the same city, it is helpful if the child's special education teacher can attend the IEP meeting in the new school. If the child's evaluation is still current, it would not be necessary to do a new evaluation unless either the parent or the district believes it to be necessary.

    I found it! http://www.wrightslaw.com/info/iep.change.schools.htm

    Apparently IDEA 2004 took out whatever time provision existed. We moved in 2001.
  6. klmno

    klmno Active Member

    Admittedly I didn't look into those links but I'm thinking....since they aren't in any hurry, if I write a request for a mtg, they still have to comply within 2 weeks...is that correct? I want a mtg before the end of this school year- otherwise I'll get every excuse in the book for not having one until Oct.
  7. slsh

    slsh member since 1999

    I'm forgetting my sped stuff these days, LOL, but if you send certified letter requesting an IEP team mtg, then the usual timelines kick in. I'm pretty sure that would mean before end of school. Only thing I remember for sure is they have 10 days to respond.
  8. klmno

    klmno Active Member

    Thanks all- I guess I'll type up a letter requesting one over the weekend. I'm too tired tonight to do anything that requires brain cells (LOL) and we have to meet with PO and counselor tomorrow evening after work for another useless mtg.