Revisiting an Old IEP Conversation

An Update on the IEP Procedure

This blog is a follow-up to an earlier blog (from this year) that discussed signing your IEP document.

The IEP meeting (one which determines the Individualized Educational Program for a child with a disability) can be a long and exhausting meeting.

Advice about an IEP

First and foremost, is any of my advice good for all states?

No!

My advice is always regarding the State of California only. It is the state which I reside and which my son has lived in his entire life. He has only lived in California and all of his IEPʼs have been in this state only.

Therefore, all of my advice pertains specifically to California. Please make sure you check the rules/regulations/laws of your state.

About the IEP

First, that each state has separate guidelines as to the interpretation and implementation of IEPs.

Again, and I canʼt stress this enough, you will need to contact your own state’s public education system for the specific details.

Why does this matter?

I did some research and found this tidbit:

“Parents of children with IEPs report a wide range of success/failure in their interactions with the school systems. Some children get fantastic educational helps without even having an IEP in place; some children get disappointing help even with an IEP. As a parent, you should be aware of your child’s legal rights and the potentials of an IEP so that you can be a good advocate for your child.”

Revisiting this topic

Earlier this year, I wrote a blog about not signing your IEP. In that blog, I did not clearly state that my experiences and advice about not signing an IEP are #1) my opinion based on my own experiences, #2) in regards only to the State of California.

Why is this important?

Because as Iʼve said now a bunch of times, each state has different rules/regulations/laws.

More information

In California, and in my experience, I do not sign my sonʼs IEP at the end of the IEP meeting.

My husband and I always took it home to review the document.

In the past, we have sent it to our friends who write IEPʼs for a living. They have reviewed it for us.

Two to three days later, we sign the IEP and return it.

A dispute

What if we didn’t sign our IEP?

If, for some reason, we ever disputed the IEP and decided against signing it, the rule is—in the State of California—the old IEP will remain in effect until any dispute is settled and the new/revised IEP is signed.

Here is some more research regarding the State of Californiaʼs IEP process:

“Someone from the school system will be assigned to carry out and monitor each phase of the IEP. A written copy of the IEP must be given to the parents who must agree to the recommendations, either completely or partially, or it is not valid. If the IEP does not seem complete or accurate, parents can appeal the results through a process known as Fair Hearing. The school district must provide information on this process if it is requested.”

Is that everything I wanted to clarify?

There’s more I want to stress…please (no matter what state you reside in) take the IEP home with you and review it post-meeting.

An IEP meeting is long and involved. You are tired at the end.

My advice is go home, read the IEP at home, confer with your advisors, get fresh eyes on it, and then sign it if you feel it is acceptable.

In addition, return it within a reasonable time frame.

However, remember that different states have different rules/regulations/laws about how long you can go without signing your IEP and/or how long you can keep it in our possession.

For example, there might be a deadline imposed for you to return a signed IEP (like two weeks).

Check with an authority who knows your particular state rules/regulations/laws if you want to take it home with you.

More from the State of California:

Rights:

In California, parents and students who are 18 and over have certain rights pertaining to special education, including the right to:

1. Request special education, initiating the IEP process

2. Participate in the development of the IEP

3. Be informed of all options and alternatives, including non-public as well as public programs

4. Receive prior written notice when the school district initiates or refuses to initiate the IEP process, or makes any changes in special education assessment or placement

5. Consent or refuse consent to assessment, implementation of special education services, and any changes to special education services

6. Have an interpreter present during IEP meetings, if deaf or not a native English speaker

7. Assessment methods which are not culturally biased or discriminatory

8. Independent educational assessment at public expense if you disagree with the assessment conducted by the school district

9. Inspect, review, and obtain copies of your child’s educational records

10. Keep your child in his current placement for the duration of any dispute with the district regarding a change in placement

11. A Due Process hearing when needed if you feel that your child is not receiving FAPE

12. Mediation in place of or prior to a due process hearing; mediation cannot be used to delay your right to a due process hearing

13. File a complaint with the California Department of Education against your school district if you believe it is in violation of the law; the Department must investigate and issue a written report within 60 days

14. Be informed of discipline and alternative placement; your child cannot be denied FAPE for disciplinary reasons

The IEP topic is important

Which is why I’m on it again.

Above all, I want to be clear and helpful.

Most of all, check the rules in your state.

Go into the meeting ready to go.

Be rested and ask questions.

Don’t be intimidated.

In other words, it’s about a child, not money, ego, or any one opinion in that room.

Here’s more on an IEP:

http://autism.lovetoknow.com/IEP_Goals_for_Autistic_Students