IEP Questions

[Jessie]

Let me start by saying that if I weren't lazy I would look this info up myself, but hey that's what Uno friends are for, right? LOL

1. Are IEP "rules" or "regulations" the same for every state or do they vary based on where you live?

2. I know there are a few people that have said they do not sign IEP's for various reasons. 1st question: do you just not sign them during the meeting or do you not ever sign them at any point? 2nd question: I was told recently that it's a misnomer that not signing an IEP doesn't make it binding. I was told that while it's true you don't have to sign them at the meeting, after 18 days they become effective whether they are signed or not. Is that true everywhere or maybe just here in Michigan? (this info came from a parent of a child with Ds that used to be a Spec Ed educator so I'm thinking it's pretty credible info)

3. Is there a legal requirement as to who should be at an IEP meeting? I A.SSUMPTION is that it's probably not REQUIRED for any therapists to be there, but that an administrator of some kind would be required. Bad assumption? We have a mom that has NEVER had anyone other than the teacher (one time it was just a parapro at the meeting, not the teacher) and the ST there. She didn't even know that someone should be there that has some authority to make administrative decisions regarding services, etc., should be there. Is there a legal requirement for this? If so, this school is going to get nailed big time!

Thanks!!!


Jessie

[Kristin]

I'm pretty sure some IEP regulations vary by state, but the IDEA regulations don't.

As far as signing the IEP, I take a copy of it home. I read it over and make sure everything is as agreed upon, and I didn't forget anything. After a couple of days, I usually sign it and send the signature page back. This last time, I caught a typo where one of the outcomes of a goal was no progress. I asked, and found out it was a typo and it got corrected before my signature.

Once when I didn't like the IEP, I didn't sign it. That meant that the old one stayed in effect, which kept her at a different school. I refused to enroll her in the new school until we worked it out. The school district ended up calling another IEP and we discussed the issues that I didn't like. We came to a new agreement that worked out for the best in the end.

As a general rule, one of my friends who trains people how to advocate for their child at an IEP says ALWAYS take it home and think about it a couple of days before signing. (This same friend has told me that when she has had an IEP that isn't working, she just keeps calling IEP meetings every couple of weeks until they come to an agreement that works for her child.)

[lespring]

IEP's are supposed to be federal laws. They're governed under IDEA.

As far as signing or not, if there is something on the IEP that you don't agree with, you're supposed to sign the box that says, "I don't aggree"! This forces the district to hold another meeting.

If you just plain don't send it, the law states the district can go ahead with the proposed IEP. You have 30 days to get the IEP back to them. Some districts will be really strict about implementing that IEP after 30 days if you don't sign at all. (especially a district who has just been audited, or thinks they might be due for one!) That's why it's really important to make sure you sign the IEP, but check the box that says, "I don't agree with the IEP as proposed."

At our meetings, we go over each and every item in detail, but if at the end of the meeting I feel like I might have missed something I'll take it home first. Most of the time I sign it right there, but I've been doing IEP's (both writing them and having my kids on them) for 20 years so I'm pretty comfortable with the process.

[momofrussell]

"Some districts will be really strict about implementing that IEP after 30 days if you don't sign at all."

Actually, an unsigned IEP goes into effect on the 11th day. It's in their timelines. Not 30 days. Leah, I think you and I have talked about this before LOL

Signing or not signing is a funny thing and I JUST brought this up at our IEP meeting. Because in my mentor classes the old teacher said NEVER sign it because then you have that 10 days to change it or whatever...kinda like a buyers remorse clause... BUT... there IS no "signing" and that is what I brought up at the IEP meeting.. not for my sake.. but for the sake of this discussion we are having here! I said they tell you not to sign but you never sign anything anyway!!!!

Technically, if you don't sign, you have 10 days to respond in writing what you don't like and that will stop the implementation of the new IEP on the 11th day and make way for fixing what is broke.. so to speak.

Although states have how they do things... IDEA and FAPE are federal laws which govern the IEP.

As far as who has to attend.... their needs to be a spec ed component (spec ed teacher), a grade level component (the inclusion teacher at your child's grade/class level EVEN if your child is in a fully self contained class), They also have to have a sped rep kinda thing... like your district liason or whatever you call them.

I am paraphrasing because I am too lazy to get out my book but yes, there needs to be specific people at your meeting or it is NOT an IEP meeting and they technically can't hold the meeting. Now, not ALL therapists need to be there though... and sometimes they come and go and leave early which is well, not fun but it's also ok for them to do.

A.

[CC]

Actually here the only time the district stresses over one signing is the very first IEP ever. Any IEP after that if you don't sign or send a letter disagreeing they will go by it within 15 days.

I have never left one IEP meeting with an original. They always send it to me. BUT I have left IEP meetings and sent letters right away disagreeing with certain things. Those things could not then be changed till we all agreed.

Honestly I have not signed an IEP in I don't know when, signature is not important or required here. BUT as I said if there is a disagreement then a letter is required by us stating what the disagreement is within 15 days of the IEP.

As far as I am aware things have changed and NOT all have to be present at IEP's. If you want to make sure someone is there like say the PT or OT you should put that in writing if they are not planning on attending.

CC who can only speak how it goes in Jersey

[CC]

"Is there a legal requirement as to who should be at an IEP meeting? "

(C) IEP TEAM ATTENDANCE -

(i) ATTENDANCE NOT NECESSARY - A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.

(ii) EXCUSAL - A member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if--

(I) the parent and the local educational agency consent to the excusal; and
(II) the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.

(iii) WRITTEN AGREEMENT AND CONSENT REQUIRED - A parent's agreement under
clause (i) and consent under clause (ii) shall be in writing.

References

IDEA 2004: Overview, Explanation and Comparison of IDEA 2004 & IDEA 97

[Kristin]

States can have requirements that are narrower than the federal.
There must be at least an administrative designee (which could be a teacher) who can sign off for services at the IEP.

If the requirements are being violated, you can contact a civil rights lawer and sue on behalf of you and your child under FAPE.

If you don't sign, and are working through issues within the 10 days of informing them in writing of the issues, the current IEP stays in effect until it is resolved.

I ALWAYS put everything in writing, even if my initial request is oral. It sets a timeline in place.

[lespring]

If your meeting comes after an assessment, and you'll be going over the assessment summary, you should request IN WRITING (so nobody can forget about it) that you want a copy of the summar report BEFORE the meeting so that you have time to go over it.

I HATE when they hand me the report at the meeting, we skim over it, then I go home and have more questions. Instead, I request it ahead of time, highlight things I want to be SURE are addressed at the meeting, etc. Works much better.