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

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I think you should send the letter. The school is putting pressure on these parents because they are hoping the parents will give up and go away quietly.

Explain to your parents that a social skills class alone is not sufficient. First and foremost, without an assessment the social skills has no specific deficit to target, so they could wind up teaching skills he already has and missing his deficits, and second, without an IEP, if the class they offer fails to help, the parents are stuck with it (which is why the school wants it in a 504.)

An IEP essentially provides a grading system for skills that lie outside of the general education curriculum. In your case, since it is a "functional skill" it provides a framework for you to measure whether the program is succeeding or not - that's what the "goals" part of the IEP is for. Think about it like reading at grade level - the "fluency goal" for all 3rd grade readers is to "consistently read grade level texts with 90% accuracy." (If you have an IEP for academic skills, it outlines the expectations for that child starting from where he or she is academically, as opposed to the grade level expectations.)

Since this boy requires instruction in social skills, you need a gauge to make sure the instruction suceeds: an IEP. Basically, the school is asking you to treat social skills training as though it were a pair of glasses - apply it and the problem goes away. With a 504, they aren't accountable for anything other than providing the accommodation.

Problem is, training/instruction is not an accommodation like glasses, it's additional education. An IEP not only means that the school has to DO it, but they also have to show that what they're doing works, and if it doesn't, to revisit the IEP to provide better/different services that do work.

Momsparky,

Dumb question alert ! If the parents sign the permission slip for the child to participate in the social skills program, would that be taken as an agreement to implement the 504 ? My brain is fried (I am under major stress right now due to my own son's serious health issues) and don't want to give wrong advise to these poor parents. I wish the advocate would be available to meet sooner, but until then, I really seek your help and assistance.

Thanks so much for weighing in on this issue.

With an IEP you can accept things in part while still disputing other parts.

I think the parents could write something like this on the paper:

"My signature gives agreement for <child> to participate in <social skills class>. It does not indicate overall acceptance of the IEP or 504 plan under discussion."

His Mom, I hope your son is doing better with whatever issues he is currently having.

I went to a lecture by an IEP advocate yesterday, and one of the people in the audience asked what to do if the school tried to switch her child from an IEP to a 504. He said they can't just do that unilaterally if the parent disagrees. The burden is on the school to prove that the child no longer needs the services and accommodations that are in the IEP. The parent should ask in writing for the evidence that shows that the child no longer qualifies for special education. Also, in the letter you need to use the magic words "stay put". Once you invoke your right to "stay put" until the dispute is resolved, the district will have to initiate due process legal action against the parent to remove the child from the IEP.

If you have already sent the letter, no worries, the advocate you are meeting with can always help you write a follow up.
If you haven't sent it yet, you might try something like:

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 outcome of the meeting, and do not agree that <child> no longer needs the services and accommodations specified in his current IEP. Please provide prior written notice with evidence that <child> no longer qualifies for special education. Until this dispute is resolved, we request that <child> stay put with the current services and accommodations. We agree <child> may participate in <social service class> in the meantime. We also request a comprehensive evaluation of <child>, an independent educational evaluation, and an assessment of all areas of suspected disability.

Thank you,

Sincerely,

<Parent>

When is the meeting with the advocate? Here is another strategy -- don't say anything about the IEP and just schedule the meeting with the principal for AFTER the meeting with the advocate, and bring the advocate along with you to meet the principal.

Thanks, everyone. ASDMommy, thanks for that positive twist ... I hope the aggression is due to skill growth !

He had his dental work done last Friday and we are meeting with his dentist tomorrow to make sure nothing else is going on. Momsparky, don't know if / when he will outgrow the need for his AEDs... if his EEG normalizes that would be HUGE, right there. But these things are out of our control (as most everything else). The advocate can only meet mid-December, so I am really struggling here. We have some respite hours but I don't know if overnight is possible. We'll see !

Now I am going to sound paranoid but need to know.

If you sign the portion where it lists the IEP participants and also that you DON'T agree with the IEP, it's OK, right ? This doesn't sign away your rights or anything ?

Put my incessant questions / paranoia down to severe sleep deprivation, please ! I seem to have lost any and all ability to think now. Thank you all so much again !

I think the signature just indicates you attended the meeting, but any time you aren't sure what you're signing, put an asterisk by your signature, and then somewhere where there is space on the page, asterisk and "Signature only indicates my presence, but does not indicate agreement with this document" and initial. That's if you want to hedge your bets.

There's a hotline number in one of those links - give them a call and see if they'll be able to help you if you have questions during the meeting.