Re: Digest Number 50

[Guest guest]

--- Debbie wrote:

Sherri Porter's son Robby had his CI surgery today at NYU unfortunately

there where complications, and Robby is now in the ICU, I ask if you all

could say a prayer for Robby and his family now at there time of need, with

hopes that Robby will make a FULL recovery.

--- end of quote ---

Thanks for letting us know - Robby and his family are in our hearts and prayers.

Barbara

[Guest guest]

--- You wrote:

Looking for someone whose child has a mild loss. Just found out my daughter

has a 30DB loss in the lower frequencies only and am unsure of how to proceed

with her. I am clueless about mild losses as I've only dealt with my son who

is profoundly deaf. So anyone out there with a similar situation? Let me

know...Thanks!

--- end of quote ---

Hi Terry - my older son has a moderate/severe loss (60 db), we have good friends

who have a daughter with a mild loss at about 30 db. Hannah does wear hearing

aids, she's 5 now (what a whippersnapper!). I think mild/moderate losses can be

tricky because you know the hearing is not " bad " , but it's also not what it

should be. Our son, Tom, for example, can hear somewhat without his hearing

aids. I think the key is that kids who wear hearing aids still learn

differently because of the way most hearing aids work - Hannah does have an IEP,

has speech, etc., etc. and is followed audiologically I believe every 6 months.

There are also social issues with kids who are mainstreamed with any sort of

hearing loss - particularly in not hearing the " in passing " conversations.

Don't let them try to tell your friend " well because the child ONLY has a mild

loss.... " because there are issues! Again, I'm just a mom, but these are things

I've found with our moderate loss son, and I believe our friends see the same

thing with t heir daughter.

Good luck to your friend.

Barbara

[Guest guest]

--- LuAnn wrote:

Prayers will be coming from New Hampshire

--- end of quote ---

Where in New Hamsphire are you, LuAnn? I'm in Hanover....

[Guest guest]

In a message dated 6/11/99 3:30:00 AM Pacific Daylight Time,

Barbara.T.Mellert@... writes:

<< Don't let them try to tell your friend " well because the child ONLY has a

mild loss.... " because there are issues! Again, I'm just a mom, but these

are things I've found with our moderate loss son, and I believe our friends

see the same thing with t heir daughter. >>

Barbara,

Not my friend, My own daughter. Does she (your friend's daughter ) actually

have an IEP or some other form with accomodations under the REHAB 504 act? I

am curious about this....I dont think a 30 DB loss at the low frequencies

will actually qualifiy her for an IEP-believe it has to be a 40% disability

under IDEA? Might have this info wrong. Have two already on IEP and it

looks like maybe two more. Whew!

Terry (all different problems by the way-Deaf, HH, ADD (?), ODD

[Guest guest]

You have to look at discrepancy between IQ and performance as well as other

factors. However, the school must honor a parent's chosen modality of

communication for

their child. However, this modality must be used at home or they will try to

battle you and prove that they don't need to make accommodations. Your daughter

needs

assessments. Have they done any? She is eligible for a 504 plan if she doesn't

qualify under IDEA and they need to make accommodations for her hearing loss.

At a

minimum, she should be using an FM system. Phonic Ear makes a free ear system

where the hearing aid looks like an fm receiver. They make a low gain one for

mild

loss/CAPD. She could wear this with an open ear mold so that natural sounds

come in as well. This would get the teacher's voice closer to her ear. A

conference

microphone could be used during class discussions. She should have a note-taker

when she needs to take notes. The teacher should use an overhead projector so

that when

she writes on the board and talks she is facing your daughter for lipreading.

The lighting must be good for lipreading. Visual distractions around the person

talking

should be minimal. This is just a start. Mild hearing loss is usually ignored

and dismissed by school systems but the stats show these kids fail bigtime and

usually

end up repeating a year of school. I personally would recommend cued speech as

a start since it follows the grammar that your daughter is used to and you can

learn it

in a week and be proficient in a year. Also, always make sure the cc is on your

tv. Further, I'd pursue sign down the road because cueing breaks down when

there is a

long distance between the speaker and you. Your daughter needs instruction in

speech/lipreading and auditory verbal training. IMHO educating a kid who is

hard of

hearing is kind of like going on vacation to a place where the weather can run

hot and cold during the same week. You have to pack for both kind of weather.

You've got

to develop skills to make their hearing as effective as possible yet offer

remedies for times when that's just not enough due to the environment they are

dealing with.

You need all of the skills both the hearing and deaf need so that you can use

the one when you can't hear and one when you can.

Theathdi@... wrote:

> From: Theathdi@...

>

> In a message dated 6/11/99 3:30:00 AM Pacific Daylight Time,

> Barbara.T.Mellert@... writes:

>

> << Don't let them try to tell your friend " well because the child ONLY has a

> mild loss.... " because there are issues! Again, I'm just a mom, but these

> are things I've found with our moderate loss son, and I believe our friends

> see the same thing with t heir daughter. >>

> Barbara,

> Not my friend, My own daughter. Does she (your friend's daughter ) actually

> have an IEP or some other form with accomodations under the REHAB 504 act? I

> am curious about this....I dont think a 30 DB loss at the low frequencies

> will actually qualifiy her for an IEP-believe it has to be a 40% disability

> under IDEA? Might have this info wrong. Have two already on IEP and it

> looks like maybe two more. Whew!

> Terry (all different problems by the way-Deaf, HH, ADD (?), ODD

>

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

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[Guest guest]

>the school must honor a parent's chosen modality of communication for

>their child.

I wish that this were true. However, there is case law which has

affirmed that this is not the case, and no case law, to my knowledge,

affirming that a school must honor a parent's chosen mode of

communication for the child. The " special considerations " portion of

the IDEA-97, reflected in the new implementing reguations (originally

taken from the US Dept of Ed's Policy Guidance) only requires that the

IEP Team **consider** the child's and the parents' preferred mode of

communication, among other things.

This is not to imply that it is impossible for parents to win a contest

relative to the child's mode of communication, but rather to clarify

that schools are not *bound* to honor the parents' preferences. Some

examples of case law (pulled from various sources; not all of the

writing below is my own, tho some is) in this regard are:

On August 8, 1994, the U.S. Court of Appeals for the Eighth Circuit

(Missouri, Arkansas, Iowa, Nebraska, North Dakota and South Dakota)

issued a decision affecting students with disabilities. (sen v

..Hastings)The decision stated that the lower court (circuit court) did

not err when they held that the school district did not discriminate

against four students

with hearing impairments under the Individuals with Disabilities

Education Act (IDEA) or the Americans with Disabilities Act (ADA).

The case was brought by the parents of four students who were using a

signing system at home called Signing Exact English or SEE-II. The

school district developed a " modified " SEE-II system, using the

" strict "

SEE-II system 85% of the time and the modified system 15% of the time.

At the administrative decision level, the parents claimed that the

district's choice of a modified system " did not provide them with an

individual education program as required by law. " The parents also

stated that the school district violated the law because they did not

supply sign- language interpreters during the non-academic part of the

students' day. The Hearing Officer decided that the school district did

not violate the law by using the Modified SEE-II system. However, he

ordered the school district to write an Individualized Education Plan

(IEP) that included

the use of interpreters during non-academic periods.

The parents appealed the portion of the decision that said that the

school district could use the modified SEE-II system. They also argued

that the American with Disabilities Act requires the school district

to honor the parents' and children's choice of the SEE-II signing

system.

While the Court ultimately ruled against the parents, ADA claims should

be pursued when the issue involved is alternative communication for

children who have hearing or visual impairments, or who have severe

communication disabilities.

CAVEAT:

However, people should be aware that since sen, the Eighth Circuit

has decided that in order to prevail on ANY ADA or 504 claim, the child

MUST prove " bad faith " or " gross misjudgment. " This language, " bad

faith " or " gross misjudgment " was resurrected from the Monahan v.

Nebraska cases which first addressed Section 504. The language

presumably means that the educators acted contrary to professional

opinion. The Eighth Circuit first decided this in Heidemann v. Rother,

84 F. 3d 1021, 24 IDELR 176 (1996) and has repeatedly reiterated it in

other cases.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Additionally, in cases where modality is a central issue relative to

placement, there are mixed results. Two cases originated in Kansas and

were heard in the 10th Circuit. _O'Toole v. Olathe Distr. Sch. Unified

Sch. Dist._ No. 97-3125 (10th Cir. May 19, 1998) and _Logue v. Unified

School District No. 512,_ No. 97-3087 (10th Cir. July 16, 1998) in

which the court upheld, in both cases, placement of the students in

programs whose philosophy of education and language of instruction were

contrary to the preferences of the parents. (Both sets of parents

sought to have their children placed in private oral

programs, instead of the public schools' Total Communication Programs,

which use sign language. There was no mention of which flavor of sign

language was used, or purportedly used in the TC programs.)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

On the other hand,

26 IDELR 351

State Educational Agency

May 15, 1997

California

Duarte Unified School District and Alhambra City Elementary School

District

No. SN 603-96

Summary

A school district recommended placing an 11-year-old student with a

hearing impairment and a cochlear implant in a total communication

special day class for deaf and hard of hearing students with

mainstreaming for physical education, drama, art, recess, lunch and

special activities. The student was to receive speech/language services

for 75 minutes a week, audiological services and an interpreter for

her mainstreamed classes. The student's parents objected to this

placement, requesting a more inclusive placement in an oral class and

more speech/language services.

HELD: for the parents.

CAVEAT: The above case actually placed more weight on LRE

considerations than on communication mode.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I hate to be the bearer of bad tidings, but I would hate to see parents

initiating an action on the belief that school districts **must** honor

the parent's preference of communication mode. It stinks, but that's

the way it is.

Celeste

[Guest guest]

In our state, the wording " consider " is taken very seriously. I agree that past

case law has ruled against modalities chosen by parents...Rowley sure didn't get

terps!

However, as far as I know, there have been no cases under the new regs to define

what " consider " means. With the new regs, for the first time, we got cued

speech and

our Sped Director tip-toed very carefully around our choice of modality. They

even tried to say 's modality was sign and not CS. However, the Sped

Director

eventually honored our choice of modality. Now, to put it mildly, she is under

the gun, so that may have been why she agreed so readily (for her) to honor our

chosen

mode of communication. However, it was honored.

Celeste is right though, and I'm glad she clarified my specific wording. The

word is " consider " not " honor. " I don't want to lead someone down the wrong

path with

expectations that are inappropriate.

[Guest guest]

>This is not to imply that it is impossible for parents to win a contest

>relative to the child's mode of communication, but rather to clarify

>that schools are not *bound* to honor the parents' preferences. Some

>examples of case law (pulled from various sources; not all of the

>writing below is my own, tho some is) in this regard are:

And I forgot to include:

Lachman v. Illinois State Board of Education (1988)

In this case, the parents of Lachman, a profoundly deaf seven

year old, filed suit against the Illinois State Board of Education

objecting to the Individualized Education Plan that the school board

had proposed. The parents believed that should be placed in a

regular classroom near his home, with the service of a cued speech

interpreter. The school district, however, proposed that between half

to all of 's day should be spent in a self-contained class for

hearing impaired children (Eschbach in

Underwood 1995, 105).

The courts determined that the central issue in this case was the

dispute regarding the best educational philosophy in education, total

communication or cued speech. Citing the decision in Hendrick Hudson

Central School District v. Rowley, the courts ruled that once the

provisions of IDEA have been met, selection of proven educational

methodology is left to the school

district (Rothstein 1990, 122).

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I keep arguing that **philosophy of education** and **communication

mode** are ***NOT*** the same thing as methodology, but the fools in

the black robes won't believe me.

Celeste

[Guest guest]

>I dont think a 30 DB loss at the low frequencies

>will actually qualifiy her for an IEP-believe it has to be a 40% disability

>under IDEA?

From the IDEA section on definitions:

http://www.edlaw.net/public/20us1401.htm

3) Child with a disability.

(A) In general. The term `child with a disability' means a child --

(i) with mental retardation, hearing impairments (including deafness),

speech or language impairments, visual impairments (including

blindness), serious emotional disturbance (hereinafter referred to as

`emotional disturbance'), orthopedic impairments, autism, traumatic

brain injury, other health impairments, or specific learning disabilities;

and

(ii) who, by reason thereof, needs special education and related services.

There is no mention of a percentage to qualify for IDEA. Perhaps the

percentage is a state thing?

Kay

[Guest guest]

In a message dated 6/11/99 8:37:44 PM Pacific Daylight Time,

celestej@... writes:

<< I hate to be the bearer of bad tidings, but I would hate to see parents

initiating an action on the belief that school districts **must** honor

the parent's preference of communication mode. It stinks, but that's

the way it is.

Celeste

>>

Celeste,

So if I'm reading this correctly (upon just awakening smile) the court ruled

against the parents who filed a lawsuit based onthe school district not using

a strict SEE II system instead using a modified SEEII system. I can see this

happening. All the court would see if the child was receiving sign. If the

parent had interpreter on the IEP for all the classes they would have to

receive an interpreter for all classes. As we all know you can not receive

cueing if cueing is not available in that county. I'm still seeing my

daughter's rights as being " fuzzy " as she only has a mild loss at the low

frequencies only but is receivng straight A's in an accelerated class.

Terry

[Guest guest]

In a message dated 6/11/99 9:04:50 PM Pacific Daylight Time,

celestej@... writes:

<< he parents believed that should be placed in a

regular classroom near his home, with the service of a cued speech

interpreter. The school district, however, proposed that between half

to all of 's day should be spent in a self-contained class for

hearing impaired children (Eschbach in

Underwood 1995, 105) >>

the parents lost this one? I have always been under the assumption that we

as parents have the right to have our children in the home school and to

determine self-contained or not. Damn, I was planning to use that argument

on Tues when I go to my son's IEP meeting and will argue against the center

based school and for the home school as (only one deaf child in the center

based) the home school is a much better school. Can you clarify this so I

know what not to bother using?

Terry

[Guest guest]

In a message dated 6/12/99 7:20:26 AM Pacific Daylight Time,

semesky@... writes:

<< Damn, I was planning to use that argument

> on Tues when I go to my son's IEP meeting and will argue against the center

> based school and for the home school as (only one deaf child in the center

> based) the home school is a much better school. Can you clarify this so I

> know what not to bother using? >>

,

Question for you. If I choose home instead of center based, do you know

limit they can enforce on itinerant services from the teacher of the deaf?

Or am I entitled to as many hours as he would receive at the center based

school? I am addressing this to you as you also live in my state. May be

state regs on this. Of course there may also be county regs on this.

Terry

[Guest guest]

You do have the right to a least restrictive environment! That is different

from chosing modality. You may have to fight hard for it though. For example,

if your child

uses ASL and is fluent in it and you chose to switch him to cued speech, they

would be required to mainstream him but might decide to force him to use ASL

instead of CS

since he can be successful that way. However, since the wording of the IDEA97

regs, our school system seems to be allowing parents to chose the modality and

they are

afraid to fight the mainstreaming options unless there is a potential for

physical aggression. Go for it! If you need help, I'll be there!

Theathdi@... wrote:

> From: Theathdi@...

>

> In a message dated 6/11/99 9:04:50 PM Pacific Daylight Time,

> celestej@... writes:

>

> << he parents believed that should be placed in a

> regular classroom near his home, with the service of a cued speech

> interpreter. The school district, however, proposed that between half

> to all of 's day should be spent in a self-contained class for

> hearing impaired children (Eschbach in

> Underwood 1995, 105) >>

> the parents lost this one? I have always been under the assumption that we

> as parents have the right to have our children in the home school and to

> determine self-contained or not. Damn, I was planning to use that argument

> on Tues when I go to my son's IEP meeting and will argue against the center

> based school and for the home school as (only one deaf child in the center

> based) the home school is a much better school. Can you clarify this so I

> know what not to bother using?

> Terry

>

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

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[Guest guest]

Location of services has nothing to do with the services provided. Usually,

mainstreaming required more TOD services. The state regs basically copy the

Federal regs.

Here's the process. You have appropriate assessments. That defines

disabilities resulting from or in addition to the hearing loss. Then you

document your child's

strengths and weaknesses. For the weaknesses, you then develop goals and

objectives that define where you want your child to be at the end of the school

year (realistic

expectations). You then define the accommodations/supports necessary to achieve

those goals and objectives. You describe these on the Least Restrictive

Environment

Sheet. The presumption is that the services will be provided at the local

school in a mainstream environment. You determine if the

accommodations/supports will allow

your child to succeed in such an environment. (Not just if they fit into

existing programs, but if there is a way for your child to achieve their goals

in the

mainstream environment with accommodations/supports specific to their needs) If

not, you see where your child needs to be placed in order to get the appropriate

supports.

I've gotta run and it's late so I hope I've been clear enough. What county are

you in again? I can advise more depending on which one it is.

Theathdi@... wrote:

> From: Theathdi@...

>

> In a message dated 6/12/99 7:20:26 AM Pacific Daylight Time,

> semesky@... writes:

>

> << Damn, I was planning to use that argument

> > on Tues when I go to my son's IEP meeting and will argue against the center

> > based school and for the home school as (only one deaf child in the center

> > based) the home school is a much better school. Can you clarify this so I

> > know what not to bother using? >>

> ,

> Question for you. If I choose home instead of center based, do you know

> limit they can enforce on itinerant services from the teacher of the deaf?

> Or am I entitled to as many hours as he would receive at the center based

> school? I am addressing this to you as you also live in my state. May be

> state regs on this. Of course there may also be county regs on this.

> Terry

>

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[Guest guest]

In a message dated 6/12/99 8:20:26 PM Pacific Daylight Time,

semesky@... writes:

<< What county are you in again? I can advise more depending on which one it

is. >>

Dont want to put it on here. Its the one farthest west of you without going

north or south from there. Smile

Terry

[Guest guest]

Hi,

Are you in my county in MD? If you are maybe we can work together to

find answers. Our children are very far apart in age but I think I may have

some information that would be helpful. Where are you going for help

medically? I am looking for a new doctor.

Sheri

[Guest guest]

In a message dated 6/13/99 5:20:11 PM Pacific Daylight Time,

SDunnstern@... writes:

<< Hi,

Are you in my county in MD? If you are maybe we can work together to

find answers. Our children are very far apart in age but I think I may have

some information that would be helpful. Where are you going for help

medically? I am looking for a new doctor.

Sheri >>

Hi Sheri,

Who are you addressing this to? Was this addressed to me?

Terry

[Guest guest]

Hi! I have a question for you -- you seem to be really on top of the laws. I

have just found out that they have switched my daughter's IEP without

approval for the worse for the summer. They cut back her services in speech

and took out her one on one interpreter to use as the teacher instead. She is

the only child who is hard of hearing in the summer program. they don't seem

to understand she is trying to learn two languages. She is only three and

experiences tinnitus which also causes hearing and discrim to fluctuate. I

found another program in the area for both deaf and hard of hearing which

will include the speech needed and the signing with her peers. They rejected

this too. I rejected this portion of the IEP over the weekend. Summer starts

in a week and I have nothing in writing for her in the summer. Any ideas??

Thanks for listening and I hope you might have some ideas. I forgot to tell

you why they switch her IEP because the teacher fell sick and her interpreter

had the qualifications so they figure why not? Lori

[Guest guest]

In a message dated 6/13/99 6:26:27 PM Pacific Daylight Time, LCorc16@...

writes:

<< Hi! I have a question for you -- you seem to be really on top of the laws.

I

have just found out that they have switched my daughter's IEP without

approval for the worse for the summer. They cut back her services in speech

and took out her one on one interpreter to use as the teacher instead. She

is

the only child who is hard of hearing in the summer program. they don't seem

to understand she is trying to learn two languages. She is only three and

experiences tinnitus which also causes hearing and discrim to fluctuate. I

found another program in the area for both deaf and hard of hearing which

will include the speech needed and the signing with her peers. They

rejected

this too. I rejected this portion of the IEP over the weekend. Summer starts

in a week and I have nothing in writing for her in the summer. Any ideas??

Thanks for listening and I hope you might have some ideas. I forgot to tell

you why they switch her IEP because the teacher fell sick and her

interpreter

had the qualifications so they figure why not? Lori

>>

You had an IEP covering the summer months? I never had any specific goals

that encompassed thesummer. So have they decided to have the interpreter

teach the summer class using total communication? They are probably within

their rights if they do it that way as she will still have access to sign.

On what grounds did they reject the other program? Is it out of district?

Terry

I'm sure I'm not theauthority you were looking for...

[Guest guest]

Hi Terry! It's funny yuo say about a summer IEP I didn't have one either

until I heard about what they were doing with my daughter. they responded

that I was lucky I was getting summer services because I don't have an IEP

for one. Well come to find out my toher daughter doesn't have one and no one

els in town except me now and now I rejected it. Do you know since I rejected

that portion can they opt out of providing any service? I am trying to figure

out what they are required to do if you reject the portion that is suppose to

be implemented in about a week? Any ideas? Lori

[Guest guest]

In a message dated 6/13/99 6:57:48 PM Pacific Daylight Time, LCorc16@...

writes:

<< Hi Terry! It's funny yuo say about a summer IEP I didn't have one either

until I heard about what they were doing with my daughter. they responded

that I was lucky I was getting summer services because I don't have an IEP

for one. Well come to find out my toher daughter doesn't have one and no one

els in town except me now and now I rejected it. Do you know since I

rejected

that portion can they opt out of providing any service? I am trying to

figure

out what they are required to do if you reject the portion that is suppose

to

be implemented in about a week? Any ideas? Lori

>>

Hi Lori,

I think Kay answeredit pretty well on the posts. I also think shes probably

accurate in saying what she did.

Good night

Terry

[Guest guest]

>Do you know since I rejected

>that portion can they opt out of providing any service? I am trying to

figure

>out what they are required to do if you reject the portion that is suppose

to

>be implemented in about a week? Any ideas? Lori

How did you reject it? I'm sure Celeste will correct me if I'm wrong (or

Sherri) ;-) but if you only sign in disagreement, they have free reign to

do pretty much whatever they want. If you contest something and tell them

you exercise your right to due process, the parts not under contention are

to be implemented and those parts under contention fall under " stay put " , in

other words, revert back to the last uncontested IEP. With any luck, by the

time due process rolls around, the summer is over anyway and you still got

some of the services anyway.

Celeste, I know you're busy and your wing is still hurting, so a simple yes

or no here will suffice. Sherri?

Kay

[Guest guest]

>I

>have just found out that they have switched my daughter's IEP without

>approval for the worse for the summer. They cut back her services in

speech

>and took out her one on one interpreter to use as the teacher instead.

The same goes here as in the previous post. If there was a prior IEP for

summer services and they changed it, and you disagreed and told them you

were going to exercise your rights, then " stay put " rules and you go back to

the original summer IEP.

Though this info is subject to correction by Celeste or Sherri.

Kay

[Guest guest]

> I

>have just found out that they have switched my daughter's IEP without

>approval for the worse for the summer. They cut back her services in speech

>and took out her one on one interpreter to use as the teacher instead.

How did you find this out? Are you saying they held an IEP without

you? Or that they re-wrote the IEP and you don't agree with it?

If they did it without you, FILE A COMPLAINT immediately. If you

participated, but you do not agree, the only solution is to contest the

IEP, but that means requesting a hearing, mediation or both. It can be

costly and you will need an attorney.

However, you seem to have a very good case. The terp became the

teacher for reasons of administrative convenience. (Violation of law.)

Will this teacher (who was the terp) sign everything she says to

everyone, 100% of the time? Who will interpret what the other students

say?

Is there an advocacy center near you that you can contact? This is a

serious situation, but you will need help to set it right.

>I

>found another program in the area for both deaf and hard of hearing which

>will include the speech needed and the signing with her peers. They rejected

>this too. I rejected this portion of the IEP over the weekend. Summer starts

>in a week and I have nothing in writing for her in the summer. Any ideas??

When you say you rejected this portion of the IEP, what do you mean?

An IEP was held, they wrote it in a way you don't like, so, did you

sign it in disagreement and request some action, or what? I suggest

that you contact a Special Ed advocate or advocacy center as soon as

possible. Also get a copy of your state rules for special education,

and become intimately familiar with them. What state are you in?

Celeste

[Guest guest]

> Do you know since I rejected

>that portion can they opt out of providing any service? I am trying to figure

>out what they are required to do if you reject the portion that is suppose to

>be implemented in about a week? Any ideas?

Lori,

One does not reject a portion of the IEP -- at least not in the legal

sense. One may agree with the IEP and sign to have it implemented;

refuse to sign the IEP, in which case it takes effect as written in 7

days or the indicated start date, whichever is later; sign the IEP in

disagreement but do not contest it, in which case it takes effect as

written in 7 days or the indicated start date, whichever is later; sign

the IEP in disagreement and contest it by requesting a hearing,

mediation or both. In the last instance, the last uncontested IEP

remains in effect (called " stay-put " ) until the disagreement is

settled. In some instances, when there will be a protracted hearing

and the parties anticipate that it will be quite a while before it is

settled, a " stay-put " agreement may be struck, in which the uncontested

portions of the IEP become effective, while the contested portions

remain " stay-put, " for example. There are many ways to write a

stay-put agreement, but I highly recommend that a lawyer or at least an

experienced advocate help anyone with this, who is faced with it. The

district will invariably have its lawyer negotiating a stay-put

agreement on its behalf.

I am an advocate in MI. Even if you lived here, I couldn't answer you

questions until I saw all your paperwork. Too much depends on what was

written in the prior IEPs, what the evaluations show, etc.

Celeste