Re: OT: quick IEP question

[Guest guest]

IMHO, it may not be a lie; inservice means that they will be busy with

meetings/workshops and an IEP meeting is possibly inconvenient. Questions:

does location mean " setting " , " placement " , a different school, or a

combination? Do they want to make this change right at the beginning of

this school year or during or sometime in the nebulous future?

Alison

>From: " Debi " <fightingautism@...>

>Reply-EOHarm

>EOHarm

>Subject: OT: quick IEP question

>Date: Wed, 18 Jul 2007 15:10:34 -0000

>

>A friend wants to schedule an IEP meeting for her daughter because the

>school has STRONGLY stated they want to change her location. The

>mother has asked as soon as teachers report back, which we believe is

>2 wks before school starts. One of the school administrators told her

>they could not do the meeting until the day before because of the

>teachers being in inservice. Is this not a lie, don't they have to

>have an IEP meeting any time the teachers are reported back, even if

>it's evenings, weekends, what ever?

>

>TIA,

>Debi

>

_________________________________________________________________

http://liveearth.msn.com

[Guest guest]

Thanks for your response. However, it's my understanding an IEP

meeting isn't given due to convenience. That's my question, it's my

understanding an IEP meeting legally has to be called within 10 days

of a parent request, so long as the teachers are there, not when it's

convenient. It's my understanding that an IEP meeting legally can even

be called in the evenings or weekends.

Yes, as to this change is to be for the start of the school year.

Debi

>

> IMHO, it may not be a lie; inservice means that they will be busy with

> meetings/workshops and an IEP meeting is possibly inconvenient.

Questions:

> does location mean " setting " , " placement " , a different school, or a

> combination? Do they want to make this change right at the

beginning of

> this school year or during or sometime in the nebulous future?

> Alison

>

>

> >From: " Debi " <fightingautism@...>

> >Reply-EOHarm

> >EOHarm

> >Subject: OT: quick IEP question

> >Date: Wed, 18 Jul 2007 15:10:34 -0000

> >

> >A friend wants to schedule an IEP meeting for her daughter because the

> >school has STRONGLY stated they want to change her location. The

> >mother has asked as soon as teachers report back, which we believe is

> >2 wks before school starts. One of the school administrators told her

> >they could not do the meeting until the day before because of the

> >teachers being in inservice. Is this not a lie, don't they have to

> >have an IEP meeting any time the teachers are reported back, even if

> >it's evenings, weekends, what ever?

> >

> >TIA,

> >Debi

> >

>

> _________________________________________________________________

> http://liveearth.msn.com

>

[Guest guest]

Deb,

It doesn't matter how STRONGLY the district has said this. They are required to give the parent a PWN (prior written notice) before ANY changes can occur and there HAS TO be an IEP before these changes can be implemented. This is the law under IDEIA and FAPE. Tell her to goto the district and ask for a lsit of her parents rights. They are required to give them to her at every IEP. But let's make them think about things. This is an IEP team decision. Have Mom make a list of needs for the child and what supports are required for thise needs. Does the current setting support these needs? Is the child receiving a meaningful education? If both of these answers are yes then the district will have a difficult time proving the need for a move. Needs drive and IEP. SDI's (specially designed instruction) are the heart of the education, the method required for an individual child to learn. The new IDEIA has specified that HIGHLY qualified individuals must work with our

children and that they are to use scientifically supported methodologies for reading programs. And the children MUST make meaningful progress! Has the child made meaningful progres? Mom can refuse to sign the IEP and go into what is called a stay-put and depending on the state laws file for due process. Or force the district to file. But that is based on state laws. What state are they in? She needs to go to her states DOE website and look for filing timelines. As well as the forms for filing a complaint. Tell her to follow the forms specifically and right in detail. The federal government has set up agencies in each state to help parents with advocacy. In California it's PAI. But there are many volunteer parenets groups, like FEAT that have some great lay-advocates. wrightslaw.com is the autism parents best friend. They have compiled a list of states and websites specific to the states with the DOE's and lists of advocates and

support. As well as case law and current cases to watch. But here is the most important part: While there is a dispute, then the child is to remain in their current placement! Mom can rock the boat enough and the district may back down. But she should look for an advocate to attend the meeting with her through a free advocacy program. Advocates can be the bad guy and keep mom away from the mud. But a good advocate can stop this nonsense at this point and mom can stop stressing. Hopefully this can help.

Kathleen The world is not yet exhausted; let me see something tomorrow which I never saw before.- *************************************************************************

OT: quick IEP question

A friend wants to schedule an IEP meeting for her daughter because theschool has STRONGLY stated they want to change her location. Themother has asked as soon as teachers report back, which we believe is2 wks before school starts. One of the school administrators told herthey could not do the meeting until the day before because of theteachers being in inservice. Is this not a lie, don't they have tohave an IEP meeting any time the teachers are reported back, even ifit's evenings, weekends, what ever?TIA,Debi

[Guest guest]

Hi Debi, It all depends on the teachers' contract. I doubt the contract would allow or dictate meeting for an IEP conference on weekends, evenings, etc. With us, we have our home district on one contract and our special ed co-operative employees on different contracts. The co-op employees do have a longer contract so they would be coming back sooner. However, the home district employees - even though they can come back up to a week or so before school starts to set up their rooms, aren't required to be there until the day before, for the in-service. I'd say in your friend's case it sounds reasonable that they're saying that. However, does she want the change the placement? I couldn't quite figure out from your e-mail. If she doesn't want it - there's a whole set of rules on that. Tell her to go to slaw http://www.wrightslaw.com/ and look up 'Stay Put.' I believe that IDEA 2004 changed the appeal process in this area. Marie Debi <fightingautism@...> wrote: A friend wants to schedule an IEP meeting for her daughter because theschool has STRONGLY stated they want to change her location. Themother has asked as soon as teachers report back, which we believe is2 wks before school starts. One of the school administrators

told herthey could not do the meeting until the day before because of theteachers being in inservice. Is this not a lie, don't they have tohave an IEP meeting any time the teachers are reported back, even ifit's evenings, weekends, what ever?TIA,Debi

Expecting? Get great news right away with email Auto-Check.Try the Beta.

[Guest guest]

Debi,

I forgot to mention LRE (leastr restricted environment). The child is entitled to be in the LRE with required educational supports and an appropriate SDI for a meaningful education so that they can have an independent life as an adult. Kathleen The world is not yet exhausted; let me see something tomorrow which I never saw before.- *************************************************************************

OT: quick IEP question

A friend wants to schedule an IEP meeting for her daughter because theschool has STRONGLY stated they want to change her location. Themother has asked as soon as teachers report back, which we believe is2 wks before school starts. One of the school administrators told herthey could not do the meeting until the day before because of theteachers being in inservice. Is this not a lie, don't they have tohave an IEP meeting any time the teachers are reported back, even ifit's evenings, weekends, what ever?TIA,Debi

[Guest guest]

Yeah, but you're talking about teachers who regularly stay until 8-9pm

during the school year for never-ending faculty meetings. In this case

is it possible they don't have to stay for IEP but do for faculty? I

don't think our state/county has such specific contract wording.

Debi

> A friend wants to schedule an IEP meeting for her daughter

because the

> school has STRONGLY stated they want to change her location. The

> mother has asked as soon as teachers report back, which we believe is

> 2 wks before school starts. One of the school administrators told her

> they could not do the meeting until the day before because of the

> teachers being in inservice. Is this not a lie, don't they have to

> have an IEP meeting any time the teachers are reported back, even if

> it's evenings, weekends, what ever?

>

> TIA,

> Debi

>

>

>

>

>

>

> ---------------------------------

> Expecting? Get great news right away with email Auto-Check.

> Try the Beta.

>

[Guest guest]

ROFL! You don't know this sped director. His office told another

friend a few months ago the only time he would hold their IEP meeting

is when she said they could not attend. HE told her if she didn't like

it she could file mediation.

Thanks for all the info, but I know most of it. We're really just

stuck on this one thing, whether or not they can refuse to hold an IEP

meeting after teachers report back. I'm of the opinion it violates her

rights, but I wanted to find out if I was right or not, can't find it

in my Sped Law book from 's Law.

Debi

>

> Debi,

> The new timeline is 15 days I believe. And the IEP can be held in

the evening, or whenever. Have her contact the county office of

education and talk to the special-ed director. Have her then request,

in writing (always put EVERYTHING in writing and keep copies!) an

emergency facilitated IEP to be located away from the school and at

the office of education site. Have her request that this meeting be

taped. She actuially has to let them know 24 hours in advance that she

will be taping the meeting, and then they will tape it as well and by

law, they have to give her copies of their tapes. This will show the

district that she means business. I would mass email to anyone and

everyone in her district and at the county office of education the

letter that she will be sending. Have her send the letter with a

certificate of mailing to the main players. A certificate of mailing

still traces the letter and it's a whole lot cheaper than certified

mail. And deliver them in person. I love

> overkill when it comes to this. I have even had the secretaries

initial and date the letters I bring and do the same for my copy.

Anywho this is advice I gave to parents when I was an advocate and we

rarely went past the facilitated IEP stage. By the way she is under no

obligation to sign the facilitated IEP either.

> hth.

> Kathleen

>

> The world is not yet exhausted; let me see something tomorrow which

I never saw before.

> -

>

>

*************************************************************************

>

>

[Guest guest]

Thanks. I think you would be surprised how different teaching is in TN

compared to IL!! The unions here are really useless. I don't know what

they do, other than collect a lot of union dues. To give you an

example, a teacher here gets paid ~$28,000.

Really all we are trying to find is when is the soonest they can have

an IEP meeting. Mom doesn't want to wait and they are trying to make

mom wait as long as possible. Mom is even willing to waive the gened

representative.

Thanks again for all the help.

Debi

[Guest guest]

Both, our district is our county. We know the grievance process, but

she wants to get the meeting scheduled now. Sometimes if you can come

back and point out that what they just said is illegal, they are

willing to work with you a little more.

Debi

>

> Was that the district level or county level? Did you search the

state DOE site? She might even call the state DOE office. Each state

has its own laws for things like this. She may need to file a

complaint and cite the specific conversations she has had with

individuals. In some states they are all in collusion from district to

the state level and the only way parents get the help they need is in

federal court, and districts and state officials know special-needs

families don't have the money or energy, which is why the new SCOTUS

ruling is so important so parents can appear for theiir own children.

I forget which state, but one claimed after the SCOTUS ruling that

they parents could only represent their child if the parent is an

attorney. Low life scum. It will be funny if that goes to federal

court! But good luck and let us know what happens. I am always

interested in finding these things out in case I need to help a family

in that situation.

> Kathleen

>

>

[Guest guest]

> Posted by: " Debi " fightingautism@... fightingautism

> Date: Wed Jul 18, 2007 9:10 am ((PDT))

>

>Thanks for your response. However, it's my understanding an IEP

>meeting isn't given due to convenience. That's my question, it's my

>understanding an IEP meeting legally has to be called within 10 days

>of a parent request, so long as the teachers are there, not when it's

>convenient. It's my understanding that an IEP meeting legally can even

>be called in the evenings or weekends.

>

>Yes, as to this change is to be for the start of the school year.

Schools probably vary a great deal in how well they know the law, how

experienced they are with parents who demand their rights, and how

willing they are to deviate from their normal mode of operation. My

conclusion from my wife and my interaction with CSE was that our

children don't hold a candle to the perseveration of a dedicated

spedhead. Hope your experience is better.

Calling a meeting a few days before classes start to change location

is not a good sign imo. And they have more money for lawyers than we

do... our tax money in fact. :-(

Personally we've been homeschooling for over 4 years now and it's

working out well. All the best.

Marty

--

Autism Homeschooler's discussion list

AutismHomeschool/

Drupal Developer Blog: http://drupal.face2interface.com/

[Guest guest]

Hi, Debi. Do you have IEP advocates in your area? You could find out

from the Autism Society or MR/DD.

She can have someone to sit w/her and support her who knows the

rules - or even a friend w/ a dark blue jacket can help. Carolyn

> >

> > IMHO, it may not be a lie; inservice means that they will be busy

with

> > meetings/workshops and an IEP meeting is possibly inconvenient.

> Questions:

> > does location mean " setting " , " placement " , a different school, or

a

> > combination? Do they want to make this change right at the

> beginning of

> > this school year or during or sometime in the nebulous future?

> > Alison

> >

> >

> > >From: " Debi " <fightingautism@>

> > >Reply-EOHarm

> > >EOHarm

> > >Subject: OT: quick IEP question

> > >Date: Wed, 18 Jul 2007 15:10:34 -0000

> > >

> > >A friend wants to schedule an IEP meeting for her daughter

because the

> > >school has STRONGLY stated they want to change her location. The

> > >mother has asked as soon as teachers report back, which we

believe is

> > >2 wks before school starts. One of the school administrators

told her

> > >they could not do the meeting until the day before because of the

> > >teachers being in inservice. Is this not a lie, don't they have

to

> > >have an IEP meeting any time the teachers are reported back,

even if

> > >it's evenings, weekends, what ever?

> > >

> > >TIA,

> > >Debi

> > >

> >

> > _________________________________________________________________

> > http://liveearth.msn.com

> >

>

[Guest guest]

My light went on: http://www.asno.org/iep_preparedness.htm

> >

> > Debi,

> > The new timeline is 15 days I believe. And the IEP can be held in

> the evening, or whenever. Have her contact the county office of

> education and talk to the special-ed director. Have her then

request,

> in writing (always put EVERYTHING in writing and keep copies!) an

> emergency facilitated IEP to be located away from the school and at

> the office of education site. Have her request that this meeting be

> taped. She actuially has to let them know 24 hours in advance that

she

> will be taping the meeting, and then they will tape it as well and

by

> law, they have to give her copies of their tapes. This will show the

> district that she means business. I would mass email to anyone and

> everyone in her district and at the county office of education the

> letter that she will be sending. Have her send the letter with a

> certificate of mailing to the main players. A certificate of mailing

> still traces the letter and it's a whole lot cheaper than certified

> mail. And deliver them in person. I love

> > overkill when it comes to this. I have even had the secretaries

> initial and date the letters I bring and do the same for my copy.

> Anywho this is advice I gave to parents when I was an advocate and

we

> rarely went past the facilitated IEP stage. By the way she is under

no

> obligation to sign the facilitated IEP either.

> > hth.

> > Kathleen

> >

> > The world is not yet exhausted; let me see something tomorrow

which

> I never saw before.

> > -

> >

> >

>

**********************************************************************

***

> >

> >

>

[Guest guest]

No, unfortunately, it's not. People have been complaining for years.

Supposedly there is a state investigation, but no one expects anything

to be done. According to DLAC, " This county is a hot seat of

complaints. We get more unresolved complaints from this county than

any other in the state. " I could go on, but certain eyes may be

a-reading...

Debi

>

> Debi:

> I could be mistaken, but I think no one answered you directly on

whether

> they could refuse to hold an IEP meeting after teachers returned

because

> everyone assumes this is fundamentally illegal. It is my

understanding that

> any IEP team member can call an IEP meeting. It is also obvious

there has

> been a " functional communication breakdown " between this parent and

the (I

> hope) only district Sp. Ed. Dir. and not the state. If you have

proof of

> this kind of talk from the Spec. Ed. Dir., it is enough ammunition

to get

> rid of him. Or at least start the process.

>

> It is pitiful that schools put parents in this position all the time.

>

> I hate it,

> Alison

>

>

[Guest guest]

Esp when the " leader " contracts with OCR.

> >Yes, as to this change is to be for the start of the school year.

>

> Schools probably vary a great deal in how well they know the law, how

> experienced they are with parents who demand their rights, and how

> willing they are to deviate from their normal mode of operation. My

> conclusion from my wife and my interaction with CSE was that our

> children don't hold a candle to the perseveration of a dedicated

> spedhead. Hope your experience is better.

>

> Calling a meeting a few days before classes start to change location

> is not a good sign imo. And they have more money for lawyers than we

> do... our tax money in fact. :-(

>

> Personally we've been homeschooling for over 4 years now and it's

> working out well. All the best.

>

> Marty

>

>

> --

> Autism Homeschooler's discussion list

> AutismHomeschool/

> Drupal Developer Blog: http://drupal.face2interface.com/

>