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If you disagree with IEP
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<blockquote data-quote="slsh" data-source="post: 651863" data-attributes="member: 8"><p>Jules - I've lived in 3 states where my signature on IEP was only indicating I was present. Did not indicate agreement with IEP. The times I didn't agree, my child's former IEP remained in effect until the issues were ironed out.</p><p></p><p>A teacher cannot pick and choose which accommodations will be followed from the IEP. When you said she took them out, was this at an IEP meeting or just her not following the existing IEP? If it was at an IEP meeting, then a certified letter stating that you did/do not agree with the removal of accommodations should be sent to sped director, at the same time requesting another IEP meeting. If she's just picking and choosing from an existing IEP, that's simpler - she's failing to follow IEP. Cert letter to sped director advising of that. It's a procedural violation and if you end up having to go to due process, procedural violations tend to be easier to win. <a href="http://www.ritalindeath.com/School-Violations.htm" target="_blank">Procedural violations</a> are our friends, lol. (sorry about name of website in link, but the list is excellent).</p><p></p><p><em>"Their response "The district reserves the right to remove any student to maintain a safe learning environment for all students."" </em> It is the district's right to remove a student, but it is still the district's responsibility to *educate* the student. Especially since there is an IEP in place. UGH! Removal from the classroom does not constitute education, and if the behaviors are directly related to his disability, it's another procedural violation. And don't forget the 10-day rule. If a child is removed from current placement for 10 days, it constitutes a change in placement and requires an IEP mtg to address said change of placement. At one point, my difficult child was getting ISS extremely frequently. That counts as being removed from current placement, especially since his behaviors were directly related to his disability. </p><p></p><p>The prior IEP stays in effect under the "<a href="http://michellemoor.com/ieps-and-the-right-to-stay-put/" target="_blank">stay put</a>" rule (link to federal rule is at bottom of this article). "``(j) Maintenance of Current Educational Placement.--Except as provided in subsection (k)(4) <em>(my note: subsection k basically deals with conduct violations that are not due to disability and the unilateral placement of child in alternative educational placement during due process)</em>, during the pendency of any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents otherwise agree, the child shall remain in the then-current educational placement of the child"</p><p></p><p>Districts cannot implement new IEPs that parents disagree with without providing you with Prior Written Notice about their intent to disregard your concerns. Failure to provide PWN is another one of those procedural violations.</p><p></p><p>I think it's time to get advocate involved again.</p></blockquote><p></p>
[QUOTE="slsh, post: 651863, member: 8"] Jules - I've lived in 3 states where my signature on IEP was only indicating I was present. Did not indicate agreement with IEP. The times I didn't agree, my child's former IEP remained in effect until the issues were ironed out. A teacher cannot pick and choose which accommodations will be followed from the IEP. When you said she took them out, was this at an IEP meeting or just her not following the existing IEP? If it was at an IEP meeting, then a certified letter stating that you did/do not agree with the removal of accommodations should be sent to sped director, at the same time requesting another IEP meeting. If she's just picking and choosing from an existing IEP, that's simpler - she's failing to follow IEP. Cert letter to sped director advising of that. It's a procedural violation and if you end up having to go to due process, procedural violations tend to be easier to win. [URL='http://www.ritalindeath.com/School-Violations.htm']Procedural violations[/URL] are our friends, lol. (sorry about name of website in link, but the list is excellent). [I]"Their response "The district reserves the right to remove any student to maintain a safe learning environment for all students."" [/I] It is the district's right to remove a student, but it is still the district's responsibility to *educate* the student. Especially since there is an IEP in place. UGH! Removal from the classroom does not constitute education, and if the behaviors are directly related to his disability, it's another procedural violation. And don't forget the 10-day rule. If a child is removed from current placement for 10 days, it constitutes a change in placement and requires an IEP mtg to address said change of placement. At one point, my difficult child was getting ISS extremely frequently. That counts as being removed from current placement, especially since his behaviors were directly related to his disability. The prior IEP stays in effect under the "[URL='http://michellemoor.com/ieps-and-the-right-to-stay-put/']stay put[/URL]" rule (link to federal rule is at bottom of this article). "``(j) Maintenance of Current Educational Placement.--Except as provided in subsection (k)(4) [I](my note: subsection k basically deals with conduct violations that are not due to disability and the unilateral placement of child in alternative educational placement during due process)[/I], during the pendency of any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents otherwise agree, the child shall remain in the then-current educational placement of the child" Districts cannot implement new IEPs that parents disagree with without providing you with Prior Written Notice about their intent to disregard your concerns. Failure to provide PWN is another one of those procedural violations. I think it's time to get advocate involved again. [/QUOTE]
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