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

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Just watched a really good webinar on your legal rights with an IEP. Although it is targeted toward dyslexia, and so doesn't cover social and behavioral issues, it should be good background info.

https://www.learningally.org/webinar-fo ... ur-rights/

In legal hearings "verbal contracts" are just hearsay. I can say I will give your Son 3 hours of Speech Therapy a week. Then next week tell you he will get 6 hours etc.

Unless its written and signed it can't be enforceable . This is the reason to have everything documented in writing.

For the OP's friend the other people cannot enforce an IEP without the parent's consent. The parent has a right to an interpreter and can sign the form(under duress). Under the due process all parties must agree and if an emergency IEP meeting must be called then so be it.

My point is a contract cannot be enforceable until all parties sign. If I buy a house and the seller does not sign I can't have the keys just like the IEP if the Parent doesn't sign then how can Johnny have the most appropriate education?

Didn't they have her sign something? If so, though, if it wasn't in her native language, what travelplus wrote still applies.

I think they gave her something to take home to sign, and she did not return it.

Just thought I'd check in : how did things go?

Hi All,

An update of sorts for you.

The principal has been calling the parents relentlessly, asking for them to sign the 504. Mom did not respond, but finally on Friday, there was a voice mail from the Principal stating that she wants to meet with the parents in person to "discuss further".

I am assuming that the message left was vague for a reason. I am going with the parents (due to their language challenges) and will be translating for them at the meeting. What should we be looking for / be wary of at this "in-person" meeting ? This is not an IEP meeting but an informal meeting ...

Help ?!

Print out all the stuff you can find from the state board of ed about their rights - since it's California you should be able to find it in their native language as well.

In a minute, I'll do a bit of searching - but, basically, I'd bet that the principal is getting wise to the fact that putting these parents off isn't working, which puts you in a stronger position...

I agree. The in-person informal meeting is probably meant to figure out what the objections are to the 504 and try to counter them and resell it.

This is going to require some homework on your part: print out two copies of the following document, highlight everything that you think the school needs to know your parents know - print out two copies in whatever language (I don't recall but on this page they have translated documents) http://www.disabilityrightsca.org/pubs/ ... sIndex.htm and highlight them in the same manner. Have your parents write a letter (that you translate) explaining their concerns about the process and physically hand it to the principal before the meeting. Copy the highlighted form and bring extra copies to the meeting in both languages. They also have a hotline number - you may want to call and see if they have an advocate who can speak your family's native language that can walk them through what they should be asking for. Se also: http://www.disabilityrightsca.org/pubs/ ... -04-01.htm

Print this one http://www.disabilityrightsca.org/pubs/504001Ch04.pdf and this one, which talks about "related services," including social skills http://www.disabilityrightsca.org/pubs/504001Ch05.pdf

Disability Rights California has all kinds of resources that you can print out - plus they have resources in other languages. Send your family there to poke around for answers.

For instance, here's a letter outlining the legal protections a family has against retaliation by the school: http://www.disabilityrightsca.org/pubs/540801.pdf This one is about a child's disability and their behavior (how a school is prohibited from taking certain actions against a child/making requirements about a child's behavior if it is caused by their disability) http://www.disabilityrightsca.org/pubs/504001Ch08.pdf This one, which discusses when and how to file a complaint against a school for creating barriers to FAPE http://www.disabilityrightsca.org/pubs/504001Ch06.pdf

Yes, and if that's the case...they are probably realizing that they have screwed up, and if the family files a complaint the school will be in major trouble. If so, your family has a lot to work with.

Make sure that they've sent something in writing requesting assessment or that they do ASAP.

Thanks, MomSparky.

I told Mom to write a letter - in her native language - asking for a comprehensive educational and neuro-psychological assessment. I could possibly translate it and have my translation notarized ? I am just confused now.

Would this work ?

ASDMommy, yep, looks like the school is bringing them back to the table to "informally" hard-sell the 504.

I don't think they need to do anything but write the request (in their native language) and sign it - you can tell the school you have provided a translation as a courtesy, but dealing with the language barrier is technically THEIR problem (note that language is an issue addressed in one of the pdf outlines above)

The only reason I suggested getting both the English and translated copies of those documents and highlighting the areas of concern in both is to make it clear to the school that the parents are fully informed, and that language is no longer a barrier they can count on. In my own experience, our school relied on us not knowing the rules to stall us as long as possible - but once we made it clear we found out they stacked the deck against us, they were remarkably compliant.

FWIW, Your family could probably win a lawsuit for discrimination on multiple counts, just looking at that PDF - and, keep in mind the PDF comes directly from a group of lawyers who specialize in dealing with discrimination. Knowledge is power.

Here is a letter that Mum has written and signed (I provide the translation part) :

_______________________________________________________________________________________

Dear <Principal>,

This is with respect to your telephone message, asking to meet with us to further discuss the outcomes of the IEP meeting held on <date>

We do not agree with the outcomes, do not agree with the closure of the IEP, and are requesting a comprehensive evaluation of <child>, an independent educational evaluation, and an assessment of all areas of suspected disability.

Thank you,

Sincerely,

<Parent>
_______________________________________________________________________________________

I am doing a lot of reading on the links that MomSparky and others kindly provided and am completely and utterly confused. We have found an advocate and will be meeting with her a few days from today. In the meantime I want the parents to get their ducks in a row. Would the above email be sufficient to get started ? Is the wording polite and to the point or would you recommend any changes ?

Thanks again !

Is there any reason the letter needs to be sent before the meeting with the advocate? He or she could likely help you get the wording just right...

Instead of "the outcomes", say "the outcome of the meeting".

The school just did what they consider an evaluation, right? Was this latest his tri-annual review? If yes, I think I would change

"We do not agree with the outcomes, do not agree with the closure of the IEP, and are requesting a comprehensive evaluation of <child>, an independent educational evaluation, and an assessment of all areas of suspected disability."

to

"We do not agree with the outcome of the meeting, do not agree with the closure of the IEP, and are requesting an independent educational evaluation."

But ideally I would wait for the advocate to advise you if possible.

Well, this issue has JUST taken an interesting thing. What do you folks came home this pm with the boy in his backpack ? A referral to the social skills training program the District offered via the 504 !

AND, Mom told me that the Principal asked her when she went to pick up her son if she had received the telephone message.

Zette, thank you for that input, I will change the wording to "outcome of the IEP meeting". I think the reason this letter needs to go is that the school is starting to put a lot of pressure on the parents. I thought that letting them know that the parents are disagreeing with the closure of the IEP and demanding a comprehensive assessment would not be a bad idea ? Is it better not to ? The advocate (who, unfortunately, does not speak the parents' language - actually, there are none around who do) is not available to meet with them for the next several days.

I guess it couldn't hurt to ask for the comprehensive assessment -- my only concern is that it gives them a chance to delay again, and do another half hearted assessment before referring you to the independent educational evaluator, which is where I think you will end up.

I'm not an advocate, though, and probably shouldn't play one on the internet.