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Special Ed 101
School not following I.E.P.
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<blockquote data-quote="rlsnights" data-source="post: 407598" data-attributes="member: 7948"><p>Our experience is that the principal is the one who sets the tone for the school and enforces the rules with the teachers.</p><p></p><p>If you do not have the principal's support then my experience suggests you should plan to move your child to a different school that has a supportive principal - assuming you live somewhere that has more than one school choice available. Otherwise you can forget about getting the accommodations and services no matter what the IEP says unless you are willing to take everything to due process.</p><p></p><p>If you live in a small rural community and there are no other options, then you may very well have to carry your concerns up to the School Board level to get any action. And even then it may go nowhere fast unless you go to due process.</p><p></p><p>Lawsuits tend to focus their attention like nothing else will do. It may also create a lot of animosity - even though it's not supposed to do so.</p><p></p><p>I second slsh - where was the general ed teacher at the IEP meeting?</p><p></p><p>If the IEP team meeting did not include a general ed teacher then it was done in violation of IDEA which specifically requires this. You cannot excuse the general ed teacher from attending - as you can choose to do with other team members like speech or Occupational Therapist (OT). If she didn't attend but they had her sign as if she had attended then that's going to be a problem since it will be your word against theirs. If they didn't get her to sign it then you have them on a procedural violation which you should take to the State Dept. of Education.</p><p></p><p>Procedural violations are handled differently from disagreements over services.</p><p></p><p>They are handled at the State level as a formal complaint against the school district or LEA. In California the way it works is that you make your written complaint and then the State investigates by reviewing your child's IEP documents and perhaps a half dozen others too. If they find consistent procedural violations they can audit all the IEP's that school district/LEA has issued for compliance and make a LOT of trouble for that LEA.</p><p></p><p>Procedural violations do not require you to go to due process, you don't need an advocate or mediator - you just call the Dept of Ed, talk to someone there and then use their complaint process to tell them what happened. Here it's a very simple process and not at all stressful - unlike due process.</p><p></p><p>After they have investigated they get back to you with their findings.</p></blockquote><p></p>
[QUOTE="rlsnights, post: 407598, member: 7948"] Our experience is that the principal is the one who sets the tone for the school and enforces the rules with the teachers. If you do not have the principal's support then my experience suggests you should plan to move your child to a different school that has a supportive principal - assuming you live somewhere that has more than one school choice available. Otherwise you can forget about getting the accommodations and services no matter what the IEP says unless you are willing to take everything to due process. If you live in a small rural community and there are no other options, then you may very well have to carry your concerns up to the School Board level to get any action. And even then it may go nowhere fast unless you go to due process. Lawsuits tend to focus their attention like nothing else will do. It may also create a lot of animosity - even though it's not supposed to do so. I second slsh - where was the general ed teacher at the IEP meeting? If the IEP team meeting did not include a general ed teacher then it was done in violation of IDEA which specifically requires this. You cannot excuse the general ed teacher from attending - as you can choose to do with other team members like speech or Occupational Therapist (OT). If she didn't attend but they had her sign as if she had attended then that's going to be a problem since it will be your word against theirs. If they didn't get her to sign it then you have them on a procedural violation which you should take to the State Dept. of Education. Procedural violations are handled differently from disagreements over services. They are handled at the State level as a formal complaint against the school district or LEA. In California the way it works is that you make your written complaint and then the State investigates by reviewing your child's IEP documents and perhaps a half dozen others too. If they find consistent procedural violations they can audit all the IEP's that school district/LEA has issued for compliance and make a LOT of trouble for that LEA. Procedural violations do not require you to go to due process, you don't need an advocate or mediator - you just call the Dept of Ed, talk to someone there and then use their complaint process to tell them what happened. Here it's a very simple process and not at all stressful - unlike due process. After they have investigated they get back to you with their findings. [/QUOTE]
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