Re: signed IEP's

[Guest guest]

In a message dated 8/27/01 2:25:48 PM Pacific Daylight Time,

gboughton@... writes:

<< Hi Beth,

How is it going for you and Ben?

Ted had a great day today. I will have his

IEP meeting on the 19th of Sept. Meanwhile

he has no signed legal IEP as it ran out. I

am going to look over the old one right now

and if it isn't inappropriate...I'll sign it for

a 2 or 3 week period. Sorry to hear about

Donna and not having in place what

is needed. And to a for the loss of

's toys and bookbag. It is hard

enough without the extra concerns.

hugs,

Gail mom to Ted (10) >>

Gail,

I thought an IEP was binding, signed or not? I never signed Seth's for this

year either, but was told a signature was not needed. Hmmmmmm, have I been

hood-winked once again? Maybe that is the law for just NY? Guess I had

better check this one out. LOL This is the junk that drives me CRAZY!!!!

LOL

Gail

[Guest guest]

Gail,

Just so you know...Federal Law states that the IEP has to be signed [by the

parent] before it can be implemented. In the interim, the old (or last

signed) IEP is used. If the IEP is expired, the parent can waiver an

extension. Some School Districts/Counties will go ahead and implement an

unsigned IEP because they are very relaxed...but legally, it cannot be

implemented until the parent signs in agreement.

Terry

[Guest guest]

,

It means that they are bound by his previous IEP until you sign the current

one. If the current IEP includes new services that he wasn't already

receiving, then they don't have to provide them until you agree and sign.

HOWEVER, that doesn't mean that they can blackmail you into signing with

their version or what they are " willing " to give by saying you get nothing if

you don't. You can tell them that you will file for a Fair Hearing or even

an Arbitration Hearing if you don't agree with what they want to provide for

Matt. You need to agree that the plan (IEP) that was developed is the best

placement and plan for him to succeed with his education based on the goals

and objectives that you ALL developed. If not, don't sign!

Terry

[Guest guest]

Gail,

If you're worried about whether or not he will get the services and you agree

with the placement and plan, then sign it. If you don't agree with it, then

don't sign and ask for another meeting so you can discuss your differences.

If you are comfortable with the placement and the services he is getting for

now, but you still want to make some changes, I would ask for another meeting

asap so you can discuss them. An IEP document is a legal contract and is

binding when it is signed by both the Education system and the parent(s).

Conversely, it is not binding unless signed, just like any other contract.

Hope that helps.

Terry

[Guest guest]

On Mon, 27 Aug 2001 20:34:22 EDT Imaddenmom@... writes:

> Gail,

> Just so you know...Federal Law states that the IEP has to be signed

> [by the

> parent] before it can be implemented. In the interim, the old (or

> last

> signed) IEP is used. If the IEP is expired, the parent can waiver

> an

> extension. Some School Districts/Counties will go ahead and

> implement an

> unsigned IEP because they are very relaxed...but legally, it cannot

> be

> implemented until the parent signs in agreement.

> Terry

>

>

Terry,

This is interesting.

Matt has an un-signed IEP that I think they are planning on implementing.

They had a meeting this year, on the last day, when the old one expired.

I couldnt' make it, so they had it anyway. I asked for another meeting,

which we had, for 2 hours. We arent' finished yet. They asked for all of

my concerns, which I gave them. They typed their interpretation of what I

was asking for, depending on what they were willing to " give " and asked

me to come in and sign the IEP and the addendum. I refused. They said

that we would have to wait until we get to this school (Different schools

last year vs this year). So, we have the IEP that we are working on, but

I have not signed it. Luckily, both last year's and this year's spelled

out that Matt needs a 1:1 aide.

So, does this mean that they dont' have to provide ANY services??

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[Guest guest]

At 06:57 PM 8/27/01 -0700, you wrote:

>

>So, does this mean that they dont' have to provide ANY services??

First, procedurally your situation is a nightmare. They can't hold the IEP

without you b/c you couldn't make the meeting. They can only do that after

multiple tries to meet and then they have to prove their efforts to

accommodate you. (in otherwords, you have to be uncooperative).

If there is a written, unsigned IEP, then they must implement and provide

the services of the last signed IEP. Just b/c the district signed off on

it doesn't count it as " signed, " if you didn't agree and did not sign. That

is my understanding.

The " stay put " rule is what is applied here--Matt must be in a similar

placement and similar services regardless of the district he is in.

You might sign on to the copaa listserv and ask these questions for fun.

j

[Guest guest]

Joan,

Let me clear this up. This happened after I had withdrawn Matt from

school because of the blacktop sitting incident. At first they werent'

going to have an actual IEP meeting, then I said yes, I wanted one. Then

they were just going to have the special ed teacher and the regular ed

teacher and me. I said I wanted someone able to sign off on it, providing

the services as I was planning on putting him back in school this coming

year. At this time, I had talked to an attorney neighbor of mine, who

wrote a letter and sent it. Before he sent the letter, I had spoken to

the resource room teacher. She told me over the phone that the date they

said they could have it (July 11), would not work anyway, because the

regular ed teacher was out on track break. I sent the slip in the regular

mail, responding to their request for the IEP. I didn't say I could

come, but I didn't say I couldn't either. I think I put something in

there about needing a different date when all the members could attend. I

listed the dates that I would be available-taking out the time that we

were on vacation. I wrote on this that I wanted to schedule it during one

of those days. (At least 10-14 different days) Then the lawyer sent his

letter, telling them that they did indeed screw up (in laywer-ese) and

that I had every intention of attending the meeting, and they better

co-operate with me. They got this AFTER I had spoken with the special ed

teacher and she agreed that a different time and date would be best. I

dropped the ball by not following up that letter with one of my own,

re-iterating that that date would not work. I didnt' hear anything else

from them, until the morning of the 11th, when I got a call, saying that

they were there meeting, where was I, and was i planning on coming. They

claim they never received the note saying that other dates were more

convenient. This just so happened to be the " expiration date' of the old

IEP, so they claim they had to have this meeting. They were all there,

ready. THey called the regular ed teacher in from her vacation. So they

had the meeting. I learned my lesson. ANy and all correspondence is now

either sent registered mail, with me keeping a copy, or hand delivered,

and I ask them to make a copy with a recieved print on it, to prove that

I did indeed mail it.

Anyway, I immediately, (probably before they were done meeting) wrote and

mailed a letter, requesting a copy of their work on the IEP, and a

meeting so I could participate. I mailed it registered mail, return

receipt requested) They did schedule one fairly quickly, and we met for

about 2 hours. We still have at least 2 more hours to go, judging by how

long it took us to get through the few problems that we did. And they

were pretty straightforward, not asking for much more in the way of

services.

But they still change what we have asked for. For instance. we talked

about Matt's need for a visual schedule during his day, of everything

that will happen. I have asked for this for 2 years, and they verbally

told me they would do it. They never did. So I requested it in the

meeting, to be put on the IEP. I specified that he needed something that

he could refer to constantly, with what he would be doing that day,

specifically. They wrote something about putting the general (Reg ed

room, resource room, lunch, PE, reg ed room, resource room, home)

schedule on his desk. I specifically told them he needs to have it very

specific. IE: Calander time, Math, Reading, break, science, bathroom

time, OT, lunch, etc....... Something that can change every day as his

schedule changes. They wrote it the way THEY wanted it. We still have a

lot to do.

I dont' want to give the impression that they just decided that they

would exclude me. I still want to give them the benefit of the doubt that

there was a legitimate miscommunication. (Although I seriously DOUBT that

is the case!)

mary

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[Guest guest]

We just went throught something similar with Trisha's IEP last year. They

cannot refuse service, what they can do is go back to the last signed IEP

even if it is expired they can still go by those goals. Trisha went from

February to May on an expired IEP because the school did not catch that the

IEP had expired even though I told them we needed a new IEP in February. I

called the Department of Education and they said that the school could not

refuse her services, that they would have to go by the last signed IEP even

though it was expired. Also about 4 years ago I refused to sign Trisha's IEP

because it wasn't written correctly and the school tried emotional blackmail

to get me to sign the IEP, I got a lawyer through the Rights of Virginians

with Disabilities and all of a sudden the school was very cooperative. So

far every year that Trisha has been in school we've had reason to go to due

process and I chose not to, but this year, if they don't abide by the terms

of the IEP there will be no second chance, due process will be followed. I

told them this at the last IEP meeting along with that I will be there the

first day of school and if the assistive devices that are in her IEP and were

in it last year are not in her classroom, then the second day of school I

would be filing due process. They've had almost 7 years to get it right, I

think I have given them enough second chances. I have found in dealing with

the schools that most of the educators don't really know the laws and they

don't think the parents knows them as well. This school knows I know the

laws, I took in a printed copy last IEP meeting with specific things

highlighted. It is always good to have a written copy of the laws with you

so that the school knows they can't bluff their way with you.

[Guest guest]

So Terry, Joan...

should I sign or not...does it matter for the 2 or 3 weeks? I'm confused

Gail

ps..I hope someone answers me by morning...I'm supposed to send it

in with Ted

At 08:34 PM 8/27/01 -0400, you wrote:

>Gail,

>Just so you know...Federal Law states that the IEP has to be signed [by the

>parent] before it can be implemented. In the interim, the old (or last

>signed) IEP is used. If the IEP is expired, the parent can waiver an

>extension.

[Guest guest]

In a message dated 8/28/01 3:49:46 AM Pacific Daylight Time,

Csvillars@... writes:

<< We just went throught something similar with Trisha's IEP last year. They

cannot refuse service, what they can do is go back to the last signed IEP

even if it is expired they can still go by those goals. Trisha went from

February to May on an expired IEP because the school did not catch that the

IEP had expired even though I told them we needed a new IEP in February. >>

Hope all goes well for you this year. Too bad I signed their version of his

IEP. And these are the honest and trustworthy people that are raising our

kids? Sure is a scary thought.

Gail