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Can a district close an IEP w/o parent's written consent ?

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zette
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01 Oct 2014, 6:01 pm

If I recall correctly that you are in CA, there's something called an Area Board. I've seen people locally referred to a free advocate there.

If it comes to needing to go to due process (ie court), there are attorneys who will work for free. They are reimbursed by the school district if they win. If they lose, they don't get paid -- so they try to only take cases they are sure they can win. An initial consultation with one should be free.



btbnnyr
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01 Oct 2014, 6:33 pm

What specific things would this kid need in his current grade and ~2 grades ahead?
Can you make a list of them and use that to tell the school that he continues to need the IEP?
I think the list needs to be more specific than the one you have now.
Like say what his problem or potential problem is, then what specific help he needs with that.
I suggest trying to keep the IEP through at least the first year of middle school in case the transition to middle school is difficult, but with the goal of closing it before high school.


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momsparky
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01 Oct 2014, 6:59 pm

So, in California, the State keeps a list of free or low-cost SPED advocates http://www.dgs.ca.gov/oah/SpecialEducat ... urces.aspx

http://www.documents.dgs.ca.gov/oah/SE/ ... 20List.pdf

There is also TASK, a non-profit exclusively dedicated to SPED http://www.taskca.org/

Just having a trained advocate with you can make a huge difference; it doesn't have to be a lawyer (lawyer is the nuclear option) but having someone there that the school knows is trained can often be enough in itself.



HisMom
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02 Oct 2014, 9:47 pm

Hi All,

Thank you for responding. I have a question about requesting PWN.

Since they claim that the IEP has already been closed, would it be ineffective to ask for PWN now ? Per this site (the link that momsparky shared) :

http://www.specialeducationadvisor.com/ ... more-15035

Under 34 CFR §300.503(a), the school district must give you a written notice (information received in writing), whenever the school district: (1) Proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) Refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of FAPE to your child.

The strange thing is that the school's speech therapist (who is acting as the case manager) supposedly called Mum today and reiterated that she had agreed to close the IEP and to open a 504 in its place. When Mum asked what skills would be targetted and tracked via the 504 (GOOD FOR HER), the SLP went quiet and supposedly asked Mum to email her, instead, asking what she would like to be worked on !

The Artful Dodger from Oliver Twist comes to mind. I smell blood and I ABSOLUTELY mean to go in for the kill. Help me help these people... please ! !! !


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momsparky
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03 Oct 2014, 8:56 am

At this point, since everything has been verbal - the school has no proof, either. They are trying to cover their bases. Ask for PWN (use as much jargon from the linked sites as possible) and have the mother write a request to review the IEP/504. Again, see if you can find a free advocate to help you - sounds like either there is massive miscommunication and confusion, or that the school is being weaselly and is starting to figure out that they might not get away with it.

Quote:
3. How do I request an IEP meeting for my child who is already receiving services when I am not also requesting an assessment?
If your child is already receiving services, you can request an IEP meeting whenever you think one is needed in order to review or change the program. You should make a written request to your child?s teacher, principal or special education administrative office. [Cal. Ed. Code Secs. 56343(c) & 56343.5.] If you are requesting an IEP meeting without the need for new assessments (for a child already in special education), the meeting shall be held within 30 days of receipt of your written request (not counting days in between regular school sessions or school vacation in excess of five school days). [Cal. Ed. Code Sec. 56343.5.]


See http://www.disabilityrightsca.org/pubs/504001Ch04.pdf

and
http://www.kidstogether.org/IEP/iepd-10-mistakes.htm



HisMom
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03 Oct 2014, 11:33 am

momsparky wrote:
At this point, since everything has been verbal - the school has no proof, either. They are trying to cover their bases. Ask for PWN (use as much jargon from the linked sites as possible) and have the mother write a request to review the IEP/504. Again, see if you can find a free advocate to help you - sounds like either there is massive miscommunication and confusion, or that the school is being weaselly and is starting to figure out that they might not get away with it.

Quote:
3. How do I request an IEP meeting for my child who is already receiving services when I am not also requesting an assessment?
If your child is already receiving services, you can request an IEP meeting whenever you think one is needed in order to review or change the program. You should make a written request to your child?s teacher, principal or special education administrative office. [Cal. Ed. Code Secs. 56343(c) & 56343.5.] If you are requesting an IEP meeting without the need for new assessments (for a child already in special education), the meeting shall be held within 30 days of receipt of your written request (not counting days in between regular school sessions or school vacation in excess of five school days). [Cal. Ed. Code Sec. 56343.5.]


See http://www.disabilityrightsca.org/pubs/504001Ch04.pdf

and
http://www.kidstogether.org/IEP/iepd-10-mistakes.htm


Does the fact that they only handed her a 504 to take home and sign off on not proof that they closed the IEP ? That was the only document that she received, which is why I am really worried. I am going to make sure we get her a kickass advocate, but I would like to do as much work as possible before hand as well.

What is your opinion ? Thanks again for sharing your knowledge / information. Very grateful to you, momsparky !


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O villain, villain, smiling, damnèd villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain.
At least I'm sure it may be so in "Denmark".

-- Hamlet, 1.5.113-116


ASDMommyASDKid
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03 Oct 2014, 12:26 pm

I think you can make this work to her advantage. They gave it to her to sign, so that means they are not pretending to not know she has to sign it.

I think she should turn it in and write "I do not agree with this plan, and will not sign it. I want an IEP." in the signature portion, scan it and keep a copy in case they try any funny business. Then she will have it in writing that she does not agree with them, and that is what they will have in their records.

Edited for syntax and to make a change: Make it something more like: "I do not agree with this plan, and will not sign it. I want to continue the IEP." Reading DW_A_Mom and Momsparky's posts makes me think it is especially important not to give them even a tiny opening to claim the IEP was ever closed.



Last edited by ASDMommyASDKid on 03 Oct 2014, 2:04 pm, edited 1 time in total.

DW_a_mom
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03 Oct 2014, 12:28 pm

This post isn't going to be really helpful to the question at hand, sorry, but I wanted to emphasize something from the quote below.

momsparky wrote:
At this point, since everything has been verbal - the school has no proof, either. They are trying to cover their bases. Ask for PWN (use as much jargon from the linked sites as possible) and have the mother write a request to review the IEP/504. Again, see if you can find a free advocate to help you - sounds like either there is massive miscommunication and confusion, or that the school is being weaselly and is starting to figure out that they might not get away with it.

Quote:
3. How do I request an IEP meeting for my child who is already receiving services when I am not also requesting an assessment?
If your child is already receiving services, you can request an IEP meeting whenever you think one is needed in order to review or change the program. You should make a written request to your child?s teacher, principal or special education administrative office. [Cal. Ed. Code Secs. 56343(c) & 56343.5.] If you are requesting an IEP meeting without the need for new assessments (for a child already in special education), the meeting shall be held within 30 days of receipt of your written request (not counting days in between regular school sessions or school vacation in excess of five school days). [Cal. Ed. Code Sec. 56343.5.]


See http://www.disabilityrightsca.org/pubs/504001Ch04.pdf

and
http://www.kidstogether.org/IEP/iepd-10-mistakes.htm


The bolded is the biggest reason I would never let go of an IEP until the child has passed through all of his major developmental hurdles. You don't get that with a 504, the ability to request a meeting and get everyone to the table.

.


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DW_a_mom
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03 Oct 2014, 12:29 pm

ASDMommyASDKid wrote:
I think you can make this work to her advantage. They gave it for her to sign, so that means they are not pretending to not know she has to sign it.

I think she should turn it in and write "I do not agree with this plan, and will not sign it. I want an IEP." in the signature portion, scan it and keep a copy in case they try any funny business. Then she will have it in writing that she does not agree with them, and that is what they will have in their records.


Definitely a first step, at least.


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zette
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03 Oct 2014, 3:05 pm

1. Does her son currently have a signed IEP in place, that they are now trying to exit him from?
2. Or was the 504 their response to her initial request for evaluation?
3. Or did they do an evaluation, and then said he was not eligible for an IEP?

In any of the above cases, she would have to sign something indicating agreement. The suggestion of writing "I do not agree with this plan, and will not sign it. I believe my son needs an IEP. I request that the school..." is a good one. The wording may change according to the situation above:

1." ...hold an IEP meeting to discuss my son's current progress and goals, or give me Prior Written Notice of their intent to exit him from special education."
2. "...form an evaluation team to determine his eligibility for an IEP"
3. "give me a copy of the Procedural Safeguards so that I may appeal this decision."

Of course, I would run it by an advocate before using any of these suggestions!



HisMom
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05 Oct 2014, 3:35 am

btbnnyr wrote:
What specific things would this kid need in his current grade and ~2 grades ahead?
Can you make a list of them and use that to tell the school that he continues to need the IEP?
I think the list needs to be more specific than the one you have now.
Like say what his problem or potential problem is, then what specific help he needs with that.
I suggest trying to keep the IEP through at least the first year of middle school in case the transition to middle school is difficult, but with the goal of closing it before high school.


The real problem is his total lack of social skills. The SLP kept saying that he has the tools to make social communication but just doesn't use them. She recommended boy scouts or soccer or anything that would put him in a group situation to encourage the development of social skills. The school also VEHEMENTLY denied that they are seeing any social anxiety or social challenges in the classroom ! !!


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O villain, villain, smiling, damnèd villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain.
At least I'm sure it may be so in "Denmark".

-- Hamlet, 1.5.113-116


HisMom
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05 Oct 2014, 3:37 am

zette wrote:
1. Does her son currently have a signed IEP in place, that they are now trying to exit him from?
2. Or was the 504 their response to her initial request for evaluation?
3. Or did they do an evaluation, and then said he was not eligible for an IEP?

In any of the above cases, she would have to sign something indicating agreement. The suggestion of writing "I do not agree with this plan, and will not sign it. I believe my son needs an IEP. I request that the school..." is a good one. The wording may change according to the situation above:

1." ...hold an IEP meeting to discuss my son's current progress and goals, or give me Prior Written Notice of their intent to exit him from special education."
2. "...form an evaluation team to determine his eligibility for an IEP"
3. "give me a copy of the Procedural Safeguards so that I may appeal this decision."

Of course, I would run it by an advocate before using any of these suggestions!


It is No. 1 - he has a signed IEP that they claim is now closed and a 504 in place, based on Mum's supposed agreement to this at the IEP meeting. Mum has NOT signed and returned the 504, of course.


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O villain, villain, smiling, damnèd villain!
My tables—meet it is I set it down
That one may smile, and smile, and be a villain.
At least I'm sure it may be so in "Denmark".

-- Hamlet, 1.5.113-116


ASDMommyASDKid
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05 Oct 2014, 8:01 am

HisMom wrote:

The real problem is his total lack of social skills. The SLP kept saying that he has the tools to make social communication but just doesn't use them. She recommended boy scouts or soccer or anything that would put him in a group situation to encourage the development of social skills. The school also VEHEMENTLY denied that they are seeing any social anxiety or social challenges in the classroom ! !!


So, they just think they can punt social skills to Scouts? Schools do not want to work on social skills. That is what that means to me.

I don't even know what they mean by saying that this child has all the skills, but doesn't use them. If he can't apply them, he in effect does not have them. Social skills are applied skills.

Do you have any idea what they mean?



btbnnyr
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05 Oct 2014, 12:50 pm

HisMom wrote:
btbnnyr wrote:
What specific things would this kid need in his current grade and ~2 grades ahead?
Can you make a list of them and use that to tell the school that he continues to need the IEP?
I think the list needs to be more specific than the one you have now.
Like say what his problem or potential problem is, then what specific help he needs with that.
I suggest trying to keep the IEP through at least the first year of middle school in case the transition to middle school is difficult, but with the goal of closing it before high school.


The real problem is his total lack of social skills. The SLP kept saying that he has the tools to make social communication but just doesn't use them. She recommended boy scouts or soccer or anything that would put him in a group situation to encourage the development of social skills. The school also VEHEMENTLY denied that they are seeing any social anxiety or social challenges in the classroom ! !!


I think that the school should not be responsible for the development of social skills in a child with autism beyond those that are necessary to get by the classroom, and he seems to be doing well in the classroom. Social cognition deficits are the core of autism, and the school doesn't the resources and eggspertise to deal with those. They can only give the child some tools to function as a student in a class. If they have not done those basics, then you can list those specific things and request support for them in the IEP, but if they have, then they can't be eggspected to do much more. That is the job of parents and therapists, and if there are no therapists outside the school, then just the parents have the teach the social skills and how to use the social skills and motivate the child to use them.


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zette
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05 Oct 2014, 3:03 pm

According to wrightslaw, IDEA does require that the school teach social skills. See http://www.wrightslaw.com/blog/?p=6721


Quote:
Social skill is not a ?service? but a functional skill necessary for daily living activities. Learn what the IDEA, the federal regulations, and the Commentary say about Present Levels of Functional Performance and IEP goals for functional skills.
...
Your child?s IEP must include a description of her Present Levels of Academic Achievement and Functional Performance. This means what her strengths and weaknesses are ? both in academics and in functional areas like social skills.



ASDMommyASDKid
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05 Oct 2014, 3:41 pm

zette wrote:
According to wrightslaw, IDEA does require that the school teach social skills. See http://www.wrightslaw.com/blog/?p=6721


Quote:
Social skill is not a ?service? but a functional skill necessary for daily living activities. Learn what the IDEA, the federal regulations, and the Commentary say about Present Levels of Functional Performance and IEP goals for functional skills.
...
Your child?s IEP must include a description of her Present Levels of Academic Achievement and Functional Performance. This means what her strengths and weaknesses are ? both in academics and in functional areas like social skills.


^^^This