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View Full Version : Can school insist on an IEP amendment midway through its duration?



jenfromnj
09-04-2012, 09:17 PM
To make a long story short, we found out last-minute that DS's school is trying to insist on an amendment to his IEP (which runs through the end of March), and is insisting on having us sign it before they will let him start school tomorrow. Aside from being very unhappy with the way many things are being handled, I am now scrambling to prepare for the meeting we are now having tomorrow morning.

Does anyone know any resources that talk about IEP amendments, and under what circumstances the school can insist on a revision mid-IEP as a condition of DS attending school? We have DS (who we've been preparing to start school tomorrow, which has been a tough process in itself) set to start tomorrow, but now things are kind of in a tailspin, and I'm trying hard to stifle being angry and upset long enough to come up with a reasonable plan. I've checked wrightslaw, but haven't yet hit upon exactly what I'm looking for. TIA for any insight!!!

crl
09-04-2012, 11:10 PM
How tough!

Try looking here at the parent participation provisions: http://www.wrightslaw.com/idea/law/idea.regs.subpartd.pdf

If they haven't given you adequate notice, etc of this meeting, you should be able to stall them simply on that basis.

I'd also make noises about their obligation to provide a free and appropriate public education and that their threat to exclude your son from school is inconsistent with that mandate.

In the meantime, I'd be looking for stautory and/or regulatory provisions that state that parents are members of the IEP team. My impression is that if you refuse a change in the IEP, it stays in place as is until the team agrees to a change or until the school takes you to a due process hearing. I didn't find anything to backup my memory in that though so you should research it.

(Honestly with that kind of blackmail going on, I'd be looking for a lawyer and trying to find a lever to force them to provide private school at their expense.)

Good luck!
Catherine

jenfromnj
09-04-2012, 11:30 PM
How tough!

Try looking here at the parent participation provisions: http://www.wrightslaw.com/idea/law/idea.regs.subpartd.pdf

If they haven't given you adequate notice, etc of this meeting, you should be able to stall them simply on that basis.

I'd also make noises about their obligation to provide a free and appropriate public education and that their threat to exclude your son from school is inconsistent with that mandate.

In the meantime, I'd be looking for stautory and/or regulatory provisions that state that parents are members of the IEP team. My impression is that if you refuse a change in the IEP, it stays in place as is until the team agrees to a change or until the school takes you to a due process hearing. I didn't find anything to backup my memory in that though so you should research it.

(Honestly with that kind of blackmail going on, I'd be looking for a lawyer and trying to find a lever to force them to provide private school at their expense.)

Good luck!
Catherine

Catherine, thank you so much for your response! I am just in a tizzy because school starts tomorrow, and we're essentially being told that he's not welcome at school unless we amend his IEP, in a way that we don't agree with. I don't want to refuse the meeting tomorrow, though maybe I should, because I want to get to the bottom of things, and push back to see how serious they are about this. (They initially tried to insist that we sign the amendment without even a meeting, ugh.)

We are keeping DS home tomorrow, DH is going to go into work late so I can attend the meeting. I really don't want a scene or any issue in trying to bring DS to school. DS is a super sensitive kid, who is going to have a hard enough time with his first day of school, I just can't risk having him be involved or witness any drama, or going there and being turned away.

We are in the process of lining up a good advocate who's also a lawyer, thank you for the suggestion in that regard. Unfortunately, she's fully booked this week (short notice, none of the people who came recommended, had immediate availability), but we have a phone conference scheduled for Friday.

crl
09-04-2012, 11:35 PM
I don't blame you. I'd be in more than a tizzy. I hope you can work things out to your satisfaction.

Catherine

n2ou
09-05-2012, 12:02 AM
What do they want to amend?

Amendments for IEPs happen all the time.

Like an easy amendment for a kid with speech goals would be - child met goal of saying a sound at the sentence level mid IEP and now moves on to a harder sound.

Or, for example, moving from a self-contained classroom to typical Ed classroom. An amendment for placement would take place.

Do you know?

larig
09-05-2012, 12:04 AM
Jen,
I just wanted to send you big hugs and best wishes for good outcomes tomorrow. Wish I had advice to offer, but we're so new at this I've got nothing ...but, I'll be thinking of you and knowing your strength and grace will carry you through it. Your son is so lucky to have you to advocate for him. Hang in there! :grouphug:

How sad it is that parents have to fight to get what their children clearly need.

jenfromnj
09-05-2012, 07:41 AM
What do they want to amend?

Amendments for IEPs happen all the time.

Like an easy amendment for a kid with speech goals would be - child met goal of saying a sound at the sentence level mid IEP and now moves on to a harder sound.

Or, for example, moving from a self-contained classroom to typical Ed classroom. An amendment for placement would take place.

Do you know?

I do know. I apologize if I made it sound as if I was just upset about an amendment being made, it's not that at all--it's the substance of the amendment that we object to. I don't want to get into specifics at the moment since this is a public board, but it's a pretty significant change, and one that we are not comfortable agreeing to. And so far, no other real reason has been given for making the change at this point, other than "because the Director said so".


Jen,
I just wanted to send you big hugs and best wishes for good outcomes tomorrow. Wish I had advice to offer, but we're so new at this I've got nothing ...but, I'll be thinking of you and knowing your strength and grace will carry you through it. Your son is so lucky to have you to advocate for him. Hang in there! :grouphug:

How sad it is that parents have to fight to get what their children clearly need.

Thanks, lari! All of our friends here are lucky enough not to have to deal with all of this stuff, so it's nice to have some people here who get it! I am trying to mentally prepare for the meeting at this point, I am stressed about it and I wish we had someone to watch DS so DH could come with me.


I don't blame you. I'd be in more than a tizzy. I hope you can work things out to your satisfaction.

Catherine

Thanks, Catherine.

o_mom
09-05-2012, 08:03 AM
I would go with an open mind. Listen to what they have to say. Do not sign, though, if you are not comfortable. If they say he cannot go to school, remind them that the IEP must "stay put" while you exercise your due process rights. Just remain calm and professional as best you can. :hug:

ETA: Also, tell them you want a few days to look over it before you sign, even if you agree with them in then end. Take time. They really cannot exclude him because you are refusing to agree right away.

jenfromnj
09-05-2012, 11:53 AM
Thanks for all of your advice and kind words. Meeting was OK, most of the Special Services team is actually new to our district this year (one person retired, one wasn't rehired for reasons they didn't specify, one will be out on maternity leave all year), and the new team seems much better, more organized and generally more positive than the old team, so that is making me feel a bit better.


I would go with an open mind. Listen to what they have to say. Do not sign, though, if you are not comfortable. If they say he cannot go to school, remind them that the IEP must "stay put" while you exercise your due process rights. Just remain calm and professional as best you can. :hug:

ETA: Also, tell them you want a few days to look over it before you sign, even if you agree with them in then end. Take time. They really cannot exclude him because you are refusing to agree right away.

Thanks, o_mom. This is just about exactly what I did. Had the meeting, listened and gave my feedback in a very calm and composed way, and took the proposed IEP home with me to consider and discuss with DH. I did get some more compromise than they'd originally been willing to give (they made revisions as we discussed points), but there are still some things that we aren't entirely happy with.

We're now debating whether to bring him into school tomorrow (they did acknowledge that they do have to allow him to attend, though it was not an easy acknowledgement to extract), or wait til we have had a chance to speak at greater length to an advocate and really weigh our options in terms of other schools. I'd hope that he'll be fine at school, and I'd hate for him to miss the start of the school year when all of his classmates are getting to know each other, etc. DH and I have a lot to discuss. I'd really hate to put him into a new school, he would not get the services that he'll receive and have larger class sizes, but that's what we'll do if we really feel like the current school can't create the kind of environment that we feel he needs.

o_mom
09-05-2012, 02:21 PM
I'm glad it went OK. I hope you can come to an agreement with them. It is not right for them to spring this on you at the very last minute. Document, document, document.

inmypjs
09-06-2012, 05:16 PM
So sorry this is happening and glad the meeting went okay. I agree with the previous posters that you should not be pressured to sign an IEP or an amendment at any time. I have never signed one at the meeting itself. My DH is often not able to attend, so I often say that he and I need to talk it over and think about it and that we'll get back to them soon. They've never had a problem with that.