HELP!! How do I stop new IEP?

What state are you in?
YOu need to know your state’s laws and policies and your rights. Keep in mind that it’s what’s in writing that counts, so a verbal admission to not being trained vs. an IEPthat says “mastered” — what’s written is what holds up in court. However, standardized tests hold up a lot better than someone checking off “mastered” so if he’s gone downhill…

One strategy is to convey that the cheapest thing they can do is to let you homeschool — doesn’t cost them in services or in lawyers for a due process hearing and what have you. Very important is that you calmly document thigns and make yourself a paper trail that shows you are taking the steps to make sure your son gets an education; that you’re not a hysterical mom the schools need to save the kid from. Sometimes the right letters to the people just over the head of sped can help — again, with budgets in mind.

I’m in Vermont. I took my son out of the public school after a 3 year fight…he’s been in a private school for the past 3 years. The funding for the private school stops this June. Every year when his IEP is written, the sped director shows up and “runs” things. When she talks she says he will get this, this and that…but she writes just the opposite down, plus adds that that’s what I wanted. Which means my son gets as little as possible. Even the private school was doing very little for my son’s speech-language disabilities, so I fired their Sp-Lg teacher and hired one to do what I wanted. I want to continue my son’s sp-lg program with someone who actually does what I ask…but I know the former public school is going to cause trouble now that the private school won’t be involved. I have fought them with a paid advocate and a special education lawyer before…even they were frustrated because of the twists and turns to the lies that were in writting. Does my son have to have an IEP if he’s no longer in the school system? I”ve read everything I can get my hands on in this state and don’t find any mention of this problem. I want to be rid of them!! Thanks for any help.

Have you called one of your state’s homeschooling organizations to ask? They are sometimes the best-informed, because they keep abreast of all the state laws and generally fight for the fewest restrictions possible on homeschooling. You can probably find one or more organizations on the net by doing a search at http://www.metacrawler.com on “Vermont homeschooling”. Organizations usually have informational phone numbers — you leave a message, and one of the members calls you back with the information you need.

Also, you should be able to call your special ed lawyer and ask him/her.

MN has no such rule. Parents can refuse an IEP whether they homeschool or not.

Mary

It’s usually easier to refuse services than to get them, especially if the system figures out how much cheaper that is. What is tricky (well, usually impossible) is getting the parts you want without them taking over.

http://www.geocities.com/Athens/8259/special.html has a list of resources for homeschooling kids with special needs, including NATHHAN (http://www.nathhan.COM/) which is a national group, and so might have more comprehensive info on state-by-state special ed rules, or a Vermont group might have somebody who’s gone a similar route.

Ok …. keeping in mind that all states are different … I pulled my boys out of public school (in PA) 3 years ago …. my school district pays for the professional help my boys need up to a cap (that they establish every year) … My secret …
I recognized the importance of my input into the IEP … I had evals, recommendations and other documentation regarding the need for certain services. My documentation included the fact that they had no one trained in the programs I needed within the schools that provided my boys LRE. Additionally I was able to prove that the reported levels of performance did not indicate any progress using the methods recommended by the school district experts. I am happy to report that we have worked out a great and effective IEP … I have a reading tutor here 3 days a week, the boys participate in a homeschooling group all day Tues. & Thurs. (they put on plays, perform in musical shows, play organized sports) and the are actively involved in our local 4H program. “My” program allows them to learn according to their individualized learning styles, achieve to the levels established in the IEP and their self-confidence is soaring. The school district has “assigned” someone to me who is a SPED teacher within the district …. when I need things all I have to do is call her and she helps me locate what I need. She also reviews the boys progress and has actually attended the boys plays. 3 years ago my boys were not making eye contact … my oldest son had been diagnosed as “depressed due to lack of academic progress” ………… two months ago he performed in front of 75 people as Mr. Vandergelder in Hello Dolly (a lead role!). One of the 75 people was my school district person …. I must say, she was impressed. Believe me, if you had “talked” to me 3 years ago … I was headed to Due Process. It is beyond difficult around here, most days ….. but it has been worth it. Try to work with your District .. you might be surprised! Good luck!

Hi Debbie,
My first suggestion is for you to file a minority report seeing that you don’t agree with the school’s IEP and the submission of special education services that your child has received. Along with the minority report, if the disagreement decision is enforced, then this is just reason for mediation or due process. If the various categories of the content of your son’s IEP are not covered, this is a just reason to void an IEP. A source of reference is Section 300.347 of the Final Regulations - 34 CFR parts 300 and 303 March 12, 1999 Federal Register concerning the content of your son’s IEP.
Refer to Section 300.345 for your rights as a parent to participate in your son’s IEP. Section 300.346 covers the development, review, and revision of the IEP.
Research and invest in a good attorney with experience in this type of situation to implement your rights by law. Sections 300.510 and 300.513 have relevant information on procedural safeguards of due process procedures, including discussion of attorney’s fees and appeal of hearing decisions. It may be beneficial to file an appeal with the two home schooling moms who were put in jail because they refused to let the school help. Also, if your son’s school is so determined to “HELP”??, then make certain that they give your son all of the special education services and the education he is entitled to (IDEA)!
For future information, refer Section 300.24 (14) about related services
to the Speech-language teacher. I am sure that she is familiar with these laws of the Department of Education, she may need a reminder of her duties in the position that she holds. Refer the special education director and her lawyer to Section 300.384 for improvement strategies for your son and other students who are entitled to special education services. Obtain the information that she and her lawyer use to twist the law. In actuality, they may have slipped and broken a few laws with your child’s education development at stake.
To obtain a free copy of the Federal Register, it can be ordered through the following website from the US Dpt of Education:
http://www.ed.gov/pubs/edpub.html.
Good luck with everything. I hope you can provide your son with adequate education in home schooling so that he can progess.

There’s a new post on the Parenting bb. Dana recommends joining HSLDA (Home School Legal Defense Association) before withdrawing child from school, as they will give advice on how to do it to avoid hassles. This post is in the “homeschooling” thread on the other bb.

Mary

I’d like to thank all of you very much for your helpful ideas!! I’ve read all of your messages and I’m trying out some of the ideas now.

I found out that I can’t stop the IEP, if I refuse to go to the meeting the school uses that information to show the state that I didn’t care enough about my own son. Then the state will claim my son is truant from the public school. The school knows that what’s in writing counts…their crooked lawyer helps them word everything “just so”…It “looks” like your son is doing well, or, if your son isn’t improving it’s his fault (not because of their lousy services.) I have had to pay for all of my sons testing for years because they can’t be trusted…their testers always have results that are the opposite of what the professionals I hire say. I’ve been through mediation with them before…the mediators work for the state so they always side with the school (even when I proved their tester had changed test answers!), they want the schools to look good.

I don’t know how this will turn out, I’ll just have to go head and try it. If I don’t homeschool him, he’ll fail in public school. I hope other Vermont homeschoolers, my advocate, or the lawyer can come up with some ideas. Thanks for your help!!!

Dear Debbie -

The first thing to remember is that you are an important part of the IEP team.

Befor the meeting, get everything you want to see happen down on paper so you do not get side tracked by the educators.

I was just informed by my local parent support group that you do not have to sign the IEP the same day. I think this is the best information that I have gotten yet. Ask to take a copy for review prior to signing it to make sure that the services you want to see are addressed.

Further, you have a right to tape record the IEP, and or take a support person with you. My son’s tutor is a member of the local parent support group and I can tell you that when you have a support person present the attitude is different.

In California there are offices that provide help to parents that need advicates and assistance. Check in your area.

Also, in California at the county office of education there is a division called SELPA. This is the division that addresses services available in the county and it is there job to tell you what is available in your area.

My son goes to home school but due to his LD status he can go into the regular school for instruction with the special ed teacher. My position was this: There has to be a way for the child to get the one on one instruction and the additional help of the special ed teacher in the areas of disability.

You can get what you want but it is a balance of being strong and staying with your position but not stepping on any toes.

But take a support person who knows what the process is, your county office should be able to give you some direction on this issue if your local district does not provide the information for you. Remember, you can ask anyone to attend your IEP. Don’t be afraid to ask.

Best Wishes
D.D.
[email protected]