Confused - do I have an IEP or not?

[quiltmama22boys]

I'm so confused! This may sound dumb but how do I know if my difficult child has an IEP or not? And if he does, what does it gain me?

My 1st post was a week or so ago, now on pg 2 of this forum, titled "new here, need guidance" and I still need some guidance, please! I stated we were meeting for an IEP but I think it was a plain team meeting. Speech was denied. He's continuing Occupational Therapist (OT) under the 504 plan. So does that constitute an IEP? Are his Occupational Therapist (OT) goals the IEP?

 

[klmno]

If an IEP is involved you would have gotten papers (ie- meeting notice, and a packet from the meeting outlining goals, accommodations, etc) and these would have "IEP" denoted on them. You would have had to sign them. Don't let them slide on only providing the 504 plan if you feel an IEP is warranted. The IEP is enforcable- I don't think the 504 is. And, there are protections automatically provided under the law to the student on an IEP. One of those being limited suspension times, except in certain extreme cases.

 

[dreamer]

IEP is not same as 504. 504 does not provide the same protections, is not as easily enforceable.
I can say my easy child had an IEP from k-garten and I did not know, did not understand, I got these one page letters every once in awhile talking about her progress in speech.....but, the letters never made anything clear re what an IEP was, etc, and our school "accidentally" left out the info about our rights etc.
When I began asking for an IEP for difficult child when she was in grade 4 or so, I was put off then becuz I still did not ever get any safeguards and policies and rights info and I had no clue what to do or how to do it, and for a few years our school slid along trying to convince me they were doing all they could by giving her a 504, even while they began to change her placement.
Carefully read what you DO have.....read other posts here, if you do not have an IEP- there are certain steps to take to GET one, specific ways to go about it.
SOME schools will be helpful, some schools will not be.
Learn all you can at various websites etc, becuz once an IEP is in place, in some schools, you will still have to work hard to make sure it is followed properly.

 

[Sheila]

A student with-an IEP is automatically covered by Section 504. It does not work in the reverse.

Some districts invite parents to 504 meetings, however, they are not required to invite the parent.

If your child has an IEP, the sd must invite you to the IEP meeting. The invitation must be in writing. IEP documents created by the IEP Committee (includes parent), will have IEP notations on them.

If speech was "denied," it was a team meeting of some type.

When is the last time your child was evaluated by the sd? Was the report written? If so, did you get a copy of it? Have you requested that difficult child be evaluated under IDEA regs recently?

 

[GinAndTonic]

You would know if your child had an IEP. There's a huge stack of paperwork to sign, which gets done at a meeting with you, your child's teachers, and other people from the school.

 

[dreamer]

I do not know how things may have changed, but when my easy child had an IEP- and she had one way before my other 2 kids-----we did not get paperwork that made it clear we should come to meetings....we did not get mountains of paperwork.....and we did not get "invitations" to meetings, more like we simply got letters saying there WAS a meeting.....it was not even clear we COULD come to the meetings.

 

[GinAndTonic]

Oh. Hmm. Well then, never mind -- I was basing my response on my experience with two school districts here, but it must vary.

 

[babybear]

Just an odd thought but why not contact the "team leader" and ask for a copy of difficult child's IEP. If they say there isn't one you could say something like " oh, I thought that was what we were doing. How do we do that?"

This way you could find out for sure without feeling embarrassed AND get the ball rolling if there isn't one.

Good Luck!

 

[dreamer]

Ginandtonic-
it shouldn't vary like that- it is just that some school districts are less cooperaitve than others, and sometimes pull stunts trying to do things the way they want to do them, and some districts manage to be deceptive, or pretend to make "innocent" mistakes etc......
babybear, your idea is a good one.

 

[quiltmama22boys]

Thanks for the replies and I apologize for not responding sooner -- my husband has been really sick with the flu and the kids are home on vacation!

I don't think my difficult child has anything but 504. Shiela, difficult child was evaluated for speech by the sd within the last few months; along with our private therapist. At the mtg the sd report was discussed but not the private therapists report. Speech was denied. Yes, we did rec a copy of the report prior to the mtg and a letter afterward. Babybear, I like your suggestion of contacting the team leader but who would that be? The principal?

Here's what I have for paperwork:
1. "Purpose of Meeting" form from Child Dev Svcs with annual review, transition to
kindergarten boxes checked. That outlines what we discussed on his transition from
preschool to K, stating Occupational Therapist (OT) would continue under 504.

2. "Parent Consent for Evaluation" for speech evaluation

3. SD speech evaluation report. Also have private therapist' evaluation report.

4. "Advance written notice of IEP/IFSP Team meeting" with evaluation and parent request
boxes checked.

5. SD "written notice" with evaluation/reevaluation MSER Sections V box checked. Text re-
caps meeting and states speech denied.

This doesn't amount to much leverage does it?

 

[Martie]

I'm sorry to be really late on this, but in order to have an IEP except for speech only a full case study evalaution (called by different names in different states but the parameters are in federal law, so there s a strong similarity among states) assessing all areas of supected disability must be conducted within 60 calendar days of a request to do this. SEND ALL CORRESPONDENCE BY CERTIFIED MAIL to make such requests.

After the evaluations are completed, then the SD convenes and "eligibility" meeting in which it is determines if the child is in need of Special Education in order to make progress in the gen ed curriculum. There is a two-pronged test---having a qualifying disability that is having a negative ed impact---but I am not going to explain the two-pronged test. There are threads about it in the archives.

IF the child is found eligible for Special Education, then the IEP is written either immediately at the same meeting, or within 30 days. A child cannot begin receiving services unless there is a valid IEP written.

If the above does not sound familiar, then you child is not a qualified student and does not have an IEP. Further, you have to consent to both the evalaution and the Special Education services, so if you have given consent, I think you would know that.

Martie