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

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Because Mum verbally agreed to it at the end of the meeting ?

Long story short : My non-English speaking friend's son's IEP has been closed and a 504 put in place because Mum supposedly verbally agreed to close it at the end of the meeting.

Is this even legal ? I posted about this on this forum, so this is an update of sorts. Poor Mum is beside herself. Supposedly, the district is saying that all of the social skills help the kid needs will be addressed by a 504, which is exactly like an IEP blah blah blah. Is this true / accurate ? What should the parent do next if the IEP is, in fact, closed ?

I am more than happy to help her out but I just need to know how all of this IEP to 504 stuff works -- it seems to me that this is just a dirty trick that they pulled on someone who speaks no English. (Of course, it is entirely possible that she misunderstood what transpired, so I may need to talk to the district myself, with her permission, to figure out exactly what is going on, but this is the story for now).

Thank you all for your help / advise in this regard.

Interesting question.

We did have one IEP that was implemented without our signing it, so there must be some formal process for handling such situations. In our case it was only a minor matter that left us deciding to leave it unsigned, and so it stayed in place based on everyone else's signature. But I would assume it would have been different if we had outright rejected the document.

I think they are using the verbal because they never got a signature. But there should be a process for overruling and overturning that default.

She needs to meet with an advocate. I don't doubt for a moment that she is being taken advantage of.

I don't know how enforceable a verbal contract is in this case. I would guess not at all. Regardless, I would think she could still call another meeting and say she has no intention of signing onto the paperwork and wants to redo it. (They would need a sig to complete their paperwork anyway, wouldn't they?) If need be, she can call another meeting (with an advocate or translator, ideally) and make them start all over again. I don't see how they could refuse that, but maybe someone will post with more definitive knowledge.

Thank you both for responding. I am the translator, and need to go looking for an advocate to help her out. Thing is, since my own son is moderate to severe, I have no idea what a 504 is etc. I thought it HIGHLY suspicious that they would tell her that she agreed to close the IEP because she said YES at the end of the meeting. Pardon my language but WTF. That doesn't sound right to me, and, in fact, sounds like they are arm-twisting her into agreeing to close the IEP. If all you needed to say was a YES to stop services, why would you even need it all written down, right ?

She showed me the 504 (I posted from it here before) and I advised her not to sign / accept it but to insist on social skills goals WITHIN the framework of an IEP, assuming that that would keep the IEP active. Apparently, not, as the IEP is already closed and the social skills training is being offered via the 504, instead. It seems the district is saying that he is so high functioning that he does not need special education services anymore !

I smell a lot of BS here. Is it true that a 504 is a legal document just like the IEP and carrying the same weight as an IEP ?

I may have to help her hire an advocate but I want to educate myself first and go after these folks. Just feel so bad that she was taken for a ride, simply because of her language difficulties.

As I noted in a previous thread, the child is highly likely to re-qualify for speech services in middle school. Hence, keeping an IEP.

In our district, they will only keep an IEP (over a 504) if a service is being offered. If only accommodations are involved, then it is a 504. I don't know how legal that is, given I was once told an ASD diagnosis is an AUTOMATIC IEP qualifier, but we were at a point where it didn't make any difference to us.

A 504 is basically a disability accommodations plan. My son's is one sentence.

But if there is any chance of needing services, I really think an IEP is required.

Hi,

I looked over the 504 and the closed IEP again. NO services are being offered, although a referral to a district funded program (that is vaguely described as a social skills training) is mentioned. This program runs for about 8 weeks (TOPS). Mum claims that they told her verbally that they could extend the program once the 8 weeks are up, but the cynic in me isn't buying any of this anymore.

My real question / concern is : if a service / referral is written into a 504 as opposed to an IEP, does it still HAVE to be offered / implemented like a service offered under an IEP ? Or is a 504 referral / service something that can be promised but not necessarily implemented ? The report says that the child met all of his ST and OT goals and does not qualify for ST or OT anymore (claims that he scored high on some tests though what he scored high on is not elaborated).

I will be upfront here. I know this kid. He is a very smart cookie, very academically advanced (doing work several grades higher, actually), speaks a few different languages, is extremely independent in personal care and such, BUT has VERY significant social challenges. Does not have a single friend (per him) and known to suffer from a lot of social anxiety / low self-esteem (due to repeated rejection by peer group and perceived difficulties fitting in with classmates). I think what the district is saying is that since he has such high cognitive, language, academic and self-help skills, he does not need special ed services anymore.

And that since his lack of social skills does not hinder his ability to access the curriculum, it is not the district's problem (and does not mandate a need for an IEP) ?

Mum reiterated that they had asked her a series of questions at the end of the meeting that she said YES to (such as "did the district make you feel involved in the IEP process ?" blah blah blah), but insists that she did not know they were going to use that as consent to close the IEP / exit him from accessing ST & OT. She always intended to come home and discuss this with her family and friends and feels cheated / ripped off.

The other thing she tells me now is that they had alerted her TWO WEEKS prior to the meeting that they were planning on offering her a 504, going forward. She just didn't realize the significance of all of this at the time !

What do you all think ? Help !

A 504 DOES NOT have the legal protection that an IEP does. She should have been given a copy of the appeals procedure as part of this whole process -- with something like "Procedural Safeguards" in the title. If she's lost it, she should ask for a copy again. Did she record the meeting? She may need to take this to mediation and due process. Get an advocate ASAP!

Read the book From Emotions to Advocacy by Peter Wright, also read about 504 vs IEP plans on www.wrightslaw.com.

Here's one article about what to do if the school denies the child is eligible for an IEP: http://www.wrightslaw.com/advoc/ltrs/er ... sputes.htm

NO.

Tell her to lawyer up. Verbal consent amounts to just that and a hill of beans. Heck. She doesn't even need a lawyer, just an advocate or some other english speaker to come in to a meeting and talk to them on her behalf regarding the legality of getting verbal consent for something like an IEP (which requires a signature) from someone who doesn't even speak english. ALL she needs to do to "reopen" the IEP is submit a WRITTEN letter to the district REQUESTING a new IEP evaluation. They must honor it, legally.

I just thought about this. It may not apply, but I am throwing it out there. When we did the initial eval, there were a lot of questions about home life b/c if they can label something as being a function of home life and not autism, they do not have to cover it in an IEP. The reason that I am mentioning this is b/c if they are this unethical, it is also possible that they try to pin autistic linguistic issues on living in a home with a non-English speaker. (They may not be doing it, so I don't want to make you unduly paranoid, but I would just be aware that this could be why the child is not being offered speech.)

Section 504 is basically the same thing you see in the workforce as the ADA: you have to make reasonable accommodations to remove barriers to participation. Things like braille, an epi-pen, wheelchair accessibility, sensory tools or breaks, etc. Technically, a school can offer therapies under a 504 - but they aren't held accountable in any way.

An IEP is an individual education plan. Its function is to set up a system to teach a child something that is outside the purview of what the school provides to all children, and to create a goal system that replaces the grading system used for academics. This can mean that your child is getting a totally different curriculum that is better suited to their abilities, or it can mean that the child is being taught a functional skill that other students don't need to learn.

The key difference between the two is that the IEP requires that progress be tracked: goals need to be set and assessed. Schools don't like them because it is lots of paperwork and lots of accountability. However, social skills or speech therapy or OT are all something a child is being TAUGHT, and so they should ALL be offered under an IEP. Most children with disabilities probably need both, however accommodations are rolled into an IEP, but goals and teaching are not required under a 504.

In short, this school is lying to this mother in the same way that our school lied to me: they are trying to get her to do something that is cheaper, easier to implement, and that she has less control over.

See http://www.wrightslaw.com/howey/504.idea.htm and http://www.ncld.org/disability-advocacy ... ison-chart also http://www.parentcenterhub.org/reposito ... al-rights/

Also, she can request Prior Written Notice before they actually eliminate the IEP - they have to explain, in writing, exactly what they plan to do and they have to give her 10 days to review it and respond: http://www.specialeducationadvisor.com/ ... more-15035 She needs to ask for this IN WRITING.

Let your client know that she should document everything that is said at meetings in writing from this point forward. If she has access to email, I've found that repeating back everything I understood as I understood it via email was sufficient. Documentation is what schools trying to weasel out of their responsibilities fear most. I am also inclined that she should lawyer up, or at least find a second advocate familiar with SPED law in addition to you - I am guessing the language barrier is also something working in your favor.

Thanks for helping this family!

Am I recalling correctly that this is a 5th grader? Will he be starting into middle school next year? One idea is to request to meet with the middle school team and get their thoughts on it. Speech standards, especially, are a moving target and I would expect that child to re-qualify for speech, at minimum.

It is also possible that the elementary school is under pressure from the middle school to not bring in IEP kids, however

At minimum, the mother needs to sign a written letter to the school, cc'd to the middle school and the district, that she does not feel she had agreed to discontinuing the IEP and that she objects vigorously, especially knowing that there will be many skill expectations in middle school that her son, because of his ASD, will not be developmentally ready to meet, including:

Executive function and organization skills (lose one piece of paper and you are likely to fail the class)
Complex reading material, including understanding symbolism and metaphors
Writing assignments that require demonstrating the ability to use symbolism and metaphors
Increased expectations for self-advocacy
Increased expectations for social use of language and language reciprocity

Those are off the top of my head ...

Thank you, everyone.

These people work as retail store clerks for a relative, so it is going to be very difficult for them to cough up the money needed to cover a pitbull lawyer ($5000 around here). I guess friends could start a fund raiser for them, but my blood boils. Why these poor people who are already struggling financially and with the stress of raising a child with special needs ?

Here is a draft of the email I plan to send them on her behalf. I don't think it is a good idea to "talk" to these people anymore. I think a paper trail is needed from this point forward. Here is the letter that I just drafted. I copied bits and pieces from all of your responses so I hope I covered all basis. Also, I am quite angry right now, so your feedback on tone (make it sound more matter-of-fact and less infuriated, for instance) would greatly help as well.

Dear Ms. XYZ (special ed admin at the school site),

This is an email on behalf of Mrs. ABC (the mother of DEF) to ask for information on the legal validity of obtaining verbal consent for something as critical as closing out an IEP that offers special education services and implementing a 504 plan that offers accommodations, instead.

As you are aware, Mr. & Mrs. ABC are not proficient English speakers. Mrs. ABC says that she did not realize that she was verbally consenting to closing out her son's IEP and terminating his special education services at any point during the meeting. Rather, she believed that she was merely responding to routine questions usually asked at the end of IEP meetings when the district personnel check with the parent(s) that the district made them feel involved in the IEP process. She was of the assumption that she could return home with the paperwork, consult with her husband and friends, and then get back to you on the issue. She is not comfortable with the idea of terminating her son's special education services and is requesting information on the legal validity of using a supposedly affirmative verbal response as consent for such an important matter.

Also, she takes this opportunity to request all of the testing done on her son, and the results thereof that led the district to terminate his services. Kindly treat this email as a written request for another IEP evaluation for DEF.

Finally, Mrs. ABC would like to meet with middle school personnel at <Middle School> to get their opinion on the child's upcoming transition and supports in place at the school, as speech standards are a moving target and the child is likely to re-qualify for speech, at minimum. She vigorously objects to the closure of the IEP as there will be many skill expectations in middle school that her son, because of his ASD, will not be developmentally ready to meet, including (but not limited to) :

Executive function and organization skills (lose one piece of paper and you are likely to fail the class)

Complex reading material, including understanding symbolism and metaphors

Writing assignments that require demonstrating the ability to use symbolism and metaphors

Increased expectations for self-advocacy

Increased expectations for social use of language and language reciprocity


Sincerely,

HisMom (representative of Mrs. ABC, parent to DEF).

CC. Director of Special Education Services at DistrictUSD
CC. Middle School Principal at MiddleSchool

You don't sound angry. Tone is fine.

I would get someone to re-write my middle school points to more academic language, however. I just cannot at this point remember what the right description for these things are. And the first one noting losing a piece of paper can cause an F needs to be worded more carefully, hmmm ...

"Executive function and organization skills: it is my understanding that grading rubrics often include a high percentage based on remembering to turn in homework as well as turning in-class assignments promptly. This has proven to be a struggle for many ASD children, who quickly become at risk for failing courses in which they have full command of the material. Executive function is an identified issue directly related to ASDs."

My personal example on that is my son's science grades. The best he ever did grade-wise in middle school science was a B, and that was after years of struggles to pull up grades that often showed as Ds on progress reports, and with me actively contacting teachers and acting as his personal administrative assistant, making sure nothing was going to be missed. I would investigate 0's showing up on his record and find out they were for IN CLASS work, that the teacher SAW him do, yet he hadn't turned in. Mathematically, you need 10 perfect 100's to offset every 0 if a child is going to have any chance at an A. You need 3 perfect 100's to bring the grade back to a C. Zeros are devastating.

All that struggle, and this is the kid who had a PERFECT score on the 8th grade science STAR test.

They may argue that all that is handled through an accommodation (which 504s can address), but we did demand and receive more: my son was programmed into academic support specifically so that a teacher could review assignments with him and act as a liaison.

I think the letter you write requesting Prior Written Notice needs to have her signature on it. Not sure how that is usually done for a non-English speaker.

Yeah, I am not sure how you have to word this to make it from her, so they can't claim you have no standing, or some other BS. This may not be necessary but introducing it with:

As you are aware, we are not proficient English speakers. I have asked (title) HisMom to act as an advocate for us and to help us draft this letter.

Then maybe reword the rest with appropriate pronouns so it is coming from her, and then have her sign it?

I'd write the letter in her native language, translate it, and have her sign it and you sign as translator. There can be no confusion if she's signing something in her native language and the only thing the district could possibly do is claim you mistranslated her letter (which obviously you aren't going to do and they would have to prove not only that you mistranslated it but also that she wasn't intending to say what you said.)

Which state are you in? You'd be amazed at how many states have free legal help, and free SPED advocates, sometimes even in multiple languages. If you would prefer, PM me that information, and I'll use my google-fu on it; I'm pretty good at finding it.