Our child qualifies under OHI and Speech & Lang. for an IEP. We have given several dates to meet for an IEP to talk about changes that need need to be made in his IEP. The school keeps delaying, and our child has already missed half the school year due to his disability and an inappropriate IEP. His health is getting worse everytime they are not following the IEP and continuing to delay holding a new one. What do we do?
Special Education - 4 Answers
Random Answers, Critics, Comments, Opinions :
1 :
I'm a little confused, if your child is or is not already on an IEP. If they are not there needs to be an evaluation first done by the school. Then an IEP would follow based on the educational needs in the evaluation. Then you talk about changes to be made to his IEP so maybe that part has been done and you are wanting to change something. IF your child has missed a certain number of days in a row (different by states) because of health reasons - there should be home services provided. Your first stop should be the case manager, next stop the director of special ed. I am not sure what health issues he has that are getting worse by something in the IEP if you care to provide something more specific - could probably come up with and answer that is more specific.
2 :
Speak to your school's principal and contact the Director of Special Education. File a formal complaint. Contact an advocacy agency to help you communicate your needs/requests to the school district. How does his health get worse if the IEP isn't followed? Is there something in particular in the IEP that is health related that the nurse or school staff is supposed to do (give meds, follow feeding swallowing guidelines set by medical staff, tube feeding, etc...). If it is that kind of health related issue, then you REALLY need to get pushy and get the district administrators involved. You can also contact your states Office of Special Education through the state's Education Agency.
3 :
Put it in writing. There are laws that have to be followed. If you ask for a new IEP every day, then every day give them a new letter in writing. They do nothing verbally.
4 :
Under the federal law called IDEA, an IEP meeting must be held within 30 days of request. This request, as well as ALL other requests, should be done in writing. Now that they have been delaying and it is causing your child harm, I suggest writing a more detailed letter. Something like this: Dear Special Ed Director, On _________, 2008, I requested an IEP meeting to discuss my son's current placement and services. The school gave us a date of _____, 2008 but then cancelled and rescheduled for _______, 2008. This was cancelled as well and rescheduled for ______, 2008. Under IDEA, an IEP meeting must be held within 30 days of my request. It has now been _____ weeks/months. The district is out of compliance. If an IEP meeting is not held within 10 days of this request, we will be forced to file a compliance complaint. The district's delay is causing my son harm. His current IEP is inadequate to address my son's needs and needs to be revised as soon as possible. In the next 10 days, I am available on these dates at times: [list 4 or 5 dates and times to meet]. Further, please consider this my formal notification that I will be tape recording this and all future IEP meetings. I look forward to receiving an IEP Meeting Notice immediatelly indicating a meeting date within the next 10 days." Make sure you make two copies of the letter. Bring both the the school district office and have them both date and time stamped and initialed. Keep one for your records as proof of delivery. Please go to our website listed below under "Downloads and Information" and do some reading about your rights. Also check out www.wrightslaw.com. You need to educate yourself on your rights and your son's rights. Feel free to contact me through our web site below.
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