My son is in 8th grade and transferred to a new school (same state, different district) on August 6, 2005 (first day of school).
It is my understanding the school has 30 days to hold an IEP meeting to establish a new IEP for that district. It has been over 90 days now. I have written/emailed the school regarding the meeting and haven’t received any reply.
My son is currently placed inappropriately. He is in classes with little/no support. He has not received any of the modifications/accommodations in his IEP. He was put in a ‘homework/study hall’ for one period, but that is it. This class allowed students to complete homework and ask for help if needed. My son is thirteen and won’t ask for help - especially if girls are present…..that wonderful age :oops: . One of the goals in his IEP is turning in homework….by 11/15/05 he is to reach the goal of 2 of 5 days of homework will be turned in…..Though he does his homework in this class, he still doesn’t turn it in.
At what point does a parent unilaterally decide to pull their child and place them someplace they will receive the help they need?
Thanks for any help/advice.
K in CA
Re: Unilaterally placing your child in private school in CA
Kristin,
I have no idea of your local procedures, but legally, the old IEP should be honored until a team meeting can be convened. They would have to have a meeting before the current IEP ends.
Have you written a certified letter to the principal with a copy to the Special Ed. director nicely stating the areas where the IEP is not being followed? If you haven’t, that is step one. You must document that they are not following the IEP and at least give them an opportunity to reply. I can just about guarantee that you won’t win in court if you try to get private school reimbursement after only having your child there this short time. It is in your child’s best interests to try to work with the school in a positive but firm way to let them know you expect for the IEP to be actively honored.
Janis
When did you inform them he had an IEP?
Did you come to school and enroll him with a copy of the current IEP? There should have been a 30 day interim placement at that time. Sometimes things do get bogged down and we get kids with IEP’s that the parents don’t tell us about. We found out when we ask for records from the prior district.
You can’t unilaterally place him in another distrtict without followoing through with the 30 day placement first…you have to follow the procedural safeguards…and with the new IDEA reauthorization the procedural safeguards have changed…So write a letter and demand a 30 day placement meeting and go from there…you have to establish a paper trail of violations in the procedural safeguards, service delivery etc.. before you can pursue the other avenue you mentioned…
Re: Unilaterally placing your child in private school in CA
My recommendation is to go to the school in person and:
1. Talk with the teacher. Ask the teacher if he/she is aware that your son has x issues and has an IEP. If not, provide a copy of the IEP on the spot. Say that you understand a meeting on a new IEP was supposed to occur in 30 days after his enrollment at the school and request that the teacher look into the status of such meeting convening.
2. Go to the principal’s office and ask to talk with the principal. Provide a copy of the IEP and mention that a meeting needs to be convened to discuss a new IEP for that district. Provide a copy of a letter formally requesting the IEP meeting.
3. Later, document that you provided these items to the school.
4. Start looking into retaining a special education advocate. Do a Google search and see if you can get a free advocate. There is a program in some states called Project ACT, run by the Disabilities Network. Do a search on one or both of these names and see if they have a program in your state. Call them, discuss your situation and see if they can recommend an advocate or provide one. I have one for my son, and I live in Maryland. An advocate can help work the system for you, provide recommendations, attend IEP meetings with you, etc. They don’t have to be confrontational, but they should be knowledgeable and firm when the situation calls for it.
5. You may have to bug the school — politely but firmly — calling them each week or calling the district office if the school doesn’t respond.
Good luck.
Depends on the parent.
I reckon it happens when the balance of the costs and consequences of the unilateral move are outweighed by the costs and consequences of staying put.
Of course, Shannon Carter’s case is the most famous one where the parents were successful in getting retroactive payment. However, that’s not a common occurrence. ( www.wrightslaw.com will have more info about that case. )