Deviation from IEP

[special mom]

Request for meeting

I would appreciate any input that you could give me. I have been advised to write a letter to the school requesting a meeting. Please review and give me any ideas, things not said, things to leave out ect...

To Whom It May Concern: August 25, 2006

I would like to request an IEP meeting to discuss the breach of my daughter,***** *****'s IEP. It is clearly stated in her IEP that she is to be in a “highly structured learning environment”. This was the unanimous decision of the IEP team last year. It is my understanding that “CCPS must give parents written notice each time it proposes or refuses to initiate or change the identification, evaluation, educational program, or educational placement of a child, or the provision of FAPE to a child.” I was not given any written notice nor was consent given to deviate from her IEP. Over the summer, when I spoke to Mr. ***** on the phone regarding her transportation, I was told that they were given another special education teacher, so I naturally assumed that everything was on track for the coming year. Only when I arrived at the school on Tuesday August 22, 2006 was I informed that her placement would change. I would like to request that either the school implement the IEP as written and discussed last year or we meet to discuss the violation of her IEP as quickly as possible, as her exposure to so many children with her compromised immune system could lower her seizure threshold and possible cause a life threatening situation for her.

Thank you
My personal contact information.....

Any suggestions would be appreciated.

 

[rmet4nzkx]

I would appreciate any input that you could give me. I have been advised to write a letter to the school requesting a meeting. Please review and give me any ideas, things not said, things to leave out ect...

To Whom It May Concern: August 25, 2006

I would like to request an IEP meeting to discuss the breach of my daughter,***** *****'s IEP. It is clearly stated in her IEP that she is to be in a “highly structured learning environment”. This was the unanimous decision of the IEP team last year. It is my understanding that “CCPS must give parents written notice each time it proposes or refuses to initiate or change the identification, evaluation, educational program, or educational placement of a child, or the provision of FAPE to a child.” I was not given any written notice nor was consent given to deviate from her IEP. Over the summer, when I spoke to Mr. ***** on the phone regarding her transportation, I was told that they were given another special education teacher, so I naturally assumed that everything was on track for the coming year. Only when I arrived at the school on Tuesday August 22, 2006 was I informed that her placement would change. I would like to request that either the school implement the IEP as written and discussed last year or we meet to discuss the violation of her IEP as quickly as possible, as her exposure to so many children with her compromised immune system could lower her seizure threshold and possible cause a life threatening situation for her.

Thank you
My personal contact information.....

Any suggestions would be appreciated.

You might also withdraw your child from school, this will affirm your intent, and request the school provide a tutor at home for the required number of classroom hours (usually 3), until such time as the school can provide the approved classroom setting meeting the statutory requirements. If the school refuses to provide the agreed IEP, then they can provide for her education and transportation to a school that is equiped to meet her special needs at their cost.
Don't send her back until you get the IEP or substitute in place, remember they will lose tax $ for every day she is out.

You might add: See attached letter form Dr. ZXY child's treating neurologist.

 

[special mom]

You might also withdraw your child from school, this will affirm your intent, and request the school provide a tutor at home for the required number of classroom hours (usually 3), until such time as the school can provide the approved classroom setting meeting the statutory requirements. If the school refuses to provide the agreed IEP, then they can provide for her education and transportation to a school that is equiped to meet her special needs at their cost.
Don't send her back until you get the IEP or substitute in place, remember they will lose tax $ for every day she is out.

You might add: See attached letter form Dr. ZXY child's treating neurologist.

Thank you for your input. I will add this to my letter.

 

[lealea1005]

please keep us posted and good luck!

 

[special mom]

received reply from school

I received a reply from the Director of Special Education on Friday afternoon. Here is what she said:

"Thank you for sharing this additional information with us. We will certainly be glad to address any and all concerns you may have and to consider any new information that you may have regarding her educational needs. As a point of clarification, I want to make sure that you are aware that neither "the school board", nor I, as the Director of Special Education, are able to override any IEP team decision. Only an administrative law judge has that authority. Therefore, the expectations/legal obligations delineated in ******'s most recent IEP, as agreed upon by the IEP Team, will be implemented accordingly. I just wanted to make sure that this misunderstanding was corrected and assure you that I am confident that we can work together to meet her educational needs."


I just want to thank everyone for all of the advice and support. Interesting how this suddenly became a misunderstanding when I sent the letter. I just think it's a crying shame that they try this with the parents who already have so much to deal with! I am certain that if I hadn't protested, in writing, and called them on it they would still have her in a regular classroom. I'll let you know how quickly they get her room prepared, I hope they will have it ready soon, but I'm not going to assume anything with them ever again...

Sincerely and Gratefully,
Special Mom

 

[rmet4nzkx]

Congratulations
Now respond to their email clarifying the "misunderstanding"
To whot it may concern,
I am in receipt of your letted (bla ba bla)
In regard to your misunderstanding of the IEP, I will be witholding _____ from school until the afore mentioned IEP are in effect, until such time a qualified tutor may instruct child in the child's home so that continuity of her educational experience is maintained. . . .. .

 

[lealea1005]

just read your post....congrats! and good luck.

 

[sisymay]

Now just make SURE they do the right thing!!!
They will 'say' anything and still not do it! But the letter they give you can be used against them if need be...

 

[sandysue]

specialmom,

I would first put in writing your not in agreement with the deviation from teh IEP. I would call an educational attorney and meet asap w/ him if you need to keep her in that school. If you have any way of being able to put her in a more suitable environment i would look into that. Public schools are pretty bad overall from what I hear, about being cooperative in really providing for thechilds needs.

 

[special mom]

IEP meeting yesterday

Well, I met with the IEP team yesterday to discuss my letter and there was a whole room full of big wigs present! We even had one from Annapolis and another from DC. I had our advocate but he never had to open his mouth. I was prepared with a list of things I wanted to have resolved and we went over them one by one. The great thing was, this time; I got answers instead of a maze. They apologized for the misunderstanding. I told them I really didn’t understand why they called it a misunderstanding, they didn’t implement her IEP and I called them on it…no misunderstanding as far as I could see. To my amazement, they agreed and apologized again. The next 1 ½ hours were spent going over her IEP and me telling them exactly how I interpreted it and them telling me exactly how they were going to achieve the goals. When they stopped squirming, we got a LOT done, and added several new things to the IEP that I believe will greatly benefit my daughter. We got several new things in there I had wanted last year but didn’t get, and didn’t lose 1 single thing! I had really dreaded it, but after I stood my ground, we had a brainstorming session and came up with a good plan. The best thing was that I got it all in writing before I left. The new classroom for her is so nice, large with windows and I had them show me the contents of the cabinets to make sure that they weren’t just giving her busy work without educating her. They had some great things already in place and I couldn’t be more pleased. Thank you for all your help! It looks like she’s going to have a good 1st grade experience.

Special Mom

 

[rmet4nzkx]

Thanks for the update and especially for making them conceed that it was not a misunderstanding, that they failed to implement the IEP. Good work.