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How do I revoke IEP?

Submitted by an LD OnLine user on

I think this situation is somewhat unusual, but maybe someone can help me. My dyslexic ds is in a private high school, but it is publically paid for. when he enrolled he was placed in a special class (one period) to build skills and given an IEP. I did not totally agree with the placement, but decided it would be okay to give it a try and see if it is helpful. It is meant to support other class work.
My ds does not like the class and neither of us feel that it is helpful to him, he is doing well in his classes otherwise. His main issue is getting thoughts to paper, and that can be solved with accommodations. the school does not want to let him out of the class. They are arguing that he tests with an ld so he has to be in the class.
I understand that I an revoke the IEP and get him a 504 for next year. Is this correct? Can the school insist he go into the class? It very much limits his taking of electives which he likes a lot, and as I said, is not of assistance or support, and he is doing fine in his academic classes it is intended to support.

Submitted by scifinut on Fri, 03/14/2008 - 2:42 PM

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Sounds like it is time to call an IEP meeting and request, in writing, that his placement be reviewed. Placement needs to be in the Least Restrictive Environment.

Submitted by Karen on Fri, 03/14/2008 - 4:08 PM

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thanks. This is what I did. We had one meeting and the team present agreed that he could be out of that class for next year. The school people said they had to figure out how to deliver services, specifically evaluations of progress, so we set up another meeting. The special services director attended the meeting that time and the issue was back on the table! The school staff and ss director said he had to be in the special class. I disagreed and the district questioned the placement as well. We set up another meeting which we have not yet had, but when the lea rep mentioned that I could revoke and then he would have a 504 the ss director said that “he doesn’t have to attend this school,” hinting that he had to take the class or not go there. He is fine in his regular classes.

Submitted by Tammy on Wed, 03/19/2008 - 4:40 PM

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In the state of VA, the way I understand it, the child must be found ineligible for any special education/related services before a 504 can be pursued. You did the right thing with requesting an IEP meeting. You may want to request a full reevaluation to see if your child requalifies. If your child does not, then the child does not qualify to attend that specialized class. Another thing, if you refuse to sign the IEP, services cannot be given. It falls back to the initial IEP and whatever was agreed upon then.

Submitted by L. Havens on Wed, 03/19/2008 - 5:51 PM

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Just remember - nothing can be done regarding your child without your consent! I am a speech therapist in the school system. When parents decides they no longer want services for their child, I am required to honor that. Please do not let them bully you.

One other option you may want to consider is a SEP (student education plan). It is not legally binding like an IEP, but it is helpful in many cases. You would be able to sit down with your son’s teachers and talk about any special accommodations he may need. These accommodations couldn’t be used during his SOL testing, but they may help him in the classroom. Just another possibility to consider!

Submitted by Karen on Thu, 03/20/2008 - 2:32 PM

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Thanks for the information, all!!
I think that my approach has to be LRE. It seems that moving my ds, or getting him off of an IEP does require either a team decision or a new eval that indicates that he is no longer eligible for services. Since he is dyslexic it is unlikely that an eval will change anything. The issue for me is the discrepancy between what is offered in the special class and his needs, and a discrepancy between his class performance and his test scores.
So, if I go for a LRE disagreement then the school has to show why his needs—as they are laid out in the IEP—cannot be dealt with in the regular classroom. right? And they can’t say it is because they are not set up that way, which is what they have been saying. Right?
Thanks!
Karen

Submitted by Connie Kessinger on Sun, 03/23/2008 - 4:55 PM

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I think there needs to be another IEP meeting and decide what will be the Least Restrictive Environment. This child might need a 504 plan, but I would be careful giving this label.

Submitted by Karen on Sun, 03/23/2008 - 6:18 PM

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A meeting is scheduled for Tuesday. Why do I need to be careful if I ask for a 504 not an IEP?
Thanks.

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