Good question from Marissa on the Community Helpline today.
I had an IEP meeting with my son’s school on Monday. I didn’t agree with it, but signed it. How many days do I have to revise his IEP?
You have a right to request an IEP meeting to review and revise your child’s IEP at any time. The federal law does not specify a “time limit” for requesting a revision, but there are more questions.
What did you sign? Was this an initial IEP? Did your signature indicate your initial consent for the school to provide special education services? Or, did you simply sign that you had attended the IEP meeting?
Check your state regulations about:
- reviewing and revising the IEP
- signing the IEP
You signed the IEP even though you did not agree with the services the school proposed. Did you note your disagreement on the IEP?
You need to let the school know that you do not agree to the IEP. Write a short, polite letter to the school to explain your questions and concerns. Request another IEP meeting to address your concerns and review the IEP. Then prepare for the next meeting – identify any problems and be prepared to propose solutions.
In Chapter 11 of the new Wrightslaw: All About IEPs, you’ll find the answer to your question and many others about “Reviewing and Revising the IEP”.
You’ll learn about requesting a meeting to review and revise your child’s IEP. You will learn about problems that trigger a meeting to review and revise, and a new provision in the law that allows parents and schools to amend the IEP by agreement.You’ll also learn about the requirements to notify school personnel about their new responsibilities after an IEP is revised.
In Chapter 1, find out how to plan and prepare for successful IEP meetings.
Chapter 3 is about parental participation and consent.
Coming Soon! Fall of 2009! If you subscribe to the Special Ed Advocate, you will receive a notice when Wrightslaw: All About IEPs has been published and a pre-publication special offer.
I thought I was attending my daughter’s IEP triennial and re-eval yesterday, I was half right. The team decided her development and academics are all average and the decision was made to end her eligibility for spec ed services (Mainly OT). I questioned the findings but the data was hard to debate with. Now I regret signing off on it. What is my recourse, can I request another meeting to formally request an IEE even if officially she no longer has an IEP?
my son is severely developmentally delayed with an iq of 55. he is 18 and i just received notice from his school that they had his iep meeting without me and decided that he is done with his schooling and they are making him graduate. i am not prepared to have him at home. They handed me an envelope that gave me a ten day notice that they were going to mail to me. i am desperate for some help
By law the school must make a reasonable attempt to include parent and notifiy them of the IEP. Respond in writing to the school ASAP before the 10 days. Tell them you are calling an emergency IEP to participate as a member of the IEP team. If the school fails to respond, get a lawyer and file due process. If you can’t find a lawyer look online or in this Wright book and file yourself.
After writing all this I realized this was 2010. I so hope someone else responded and helped you. (((Hugs)))
Other questions have also surfaced this year.
1) My son’s regular education inclusion teachers have been telling him at school and telling me at Open House that he has to forfeit his 35-minute lunch period to receive his extended time stated on his IEP. Do we have to specifically state “lunch” as a related service on his IEP so he can eat like his non-handicapped peers? LOL – our school system really thought that one was going to fly with his mom.
2) The school system also intentionally refused to provide him with bus transportation for the entire first week of school this year, along with treating his IEP like it was expired, failing to provide his regular education inclusion teachers with ANY information about him or his IEP for the first 17 days of school. He is classified under IDEA and identified under McKinney-Vento in records.
Thanks, Wrightslaw. Your website is worth more than gold to parents of children with disabilities!! We really do not know what we would do without you constantly educating us and keeping us informed. You are so greatly appreciated!! I have also ordered Wrightslaw’s new book – and have a GREAT collection of books and tapes being shared with other special education parents in our area.
Question:
1) We know that at least one regular education teacher has to attend IEP meetings. Please specify. Does that mean that at least one (1) regular education teacher is required to stay present for the whole meeting? Can they enter the meeting, stay present for 15 minutes, then leave – and no other regular education teacher attends the remainder of the meeting?
I lived in Orange Country, Orlando, Florida. My son is autistic in the 5 th grade. His last IEP in 2008 was working fine. His new IEP in 2009 is reflecting a change in the Placement options. From Resource Room in Regular School which will participate in the regular education program and activities for more than 40 percent but less than 79 percent of the school week. The child will recieve special education instruction and services provided during the remainder of the school week to Separate Class in Regular Class which will participate in the regular education program and activities for less than or equal to 39 percent of the school week. The child will receive special education instruction and services provided during the remainder of the school week. How could my son be affected by this change? He is going to middle school. Thanks.
Even though you signed the IEP, you must sign the NOREP to say you agree with the special education plan (IEP). You have 7 days to sign the NOREP to say you agree with the IEP. If you already signed the NOREP, then the IEP is effective the date listed on the top of the IEP (Anticipation of plan date 10/9/09 or 10/10/09.) If you are not in agreement now, and have changed your mind you need to call another IEP meeting, then check off you do not agree with the IEP. The IEP signature page just states you were at the meeting. The NOREP makes the IEP legal.
i’m a special ed teacher. my district director was asking me to do another iep for a student which i did last May 2009. apparently , what they’re telling is that i didn’t give them a copy. but i did give them. what i have with me now is a photocopy of the iep. what i want to know is that, should i call another iep meeting?
I did not agree to my son’s current IEP done last school year. Therefore, this is what I wrote on my son’s IEP – “I consent to this IEP being implemented for JL, but I object to it for the reasons stated during the meeting. It does not provide JL with enough help or the right kind of help or adequate services required towards closing his 4-6 year achievement gap that has resulted from the school system violating special education laws throughout his education since 1997 according to what the research project revealed as conducted within the last year. I believe this IEP falls woefully short of addressing JL’s individualized needs procedurally, substantively, and does not provide him with FAPE.”
It has been almost a year and the school system has never questioned my statement or why I would say such. Guess they know the truth, too!!
Christine:
Although you noted your objection on the IEP, did you write a follow up letter? Follow-up letters give you the opportunity to re-state your position and begin to make your case. Use your follow up letter to explain that you believe the schools program is inadequate. Describe why. You believe the proposed program is not appropriate for your child. Explain why.
When you have concerns about your child’s program, it is important that you document these concerns in writing.
In general, the best way to document events and problems is by writing short polite letters to the school. Describe what happened or what you were told. Use facts, not emotions. Keep a copy of all correspondence for your records, your letters will become part of your child’s file.
You said this happened last year and the school system did not respond. Does this mean you have not voiced your concerns or met with the IEP team since then?
If you have any concerns, you can request that your child’s IEP be reviewed or revised at any time.
Do you know what you want? Do you know what action you want the IEP team to take? Do you have the facts that support your request for a more appropriate program?
Read this success story by a mom who describes how she finally got the services her children needed:
https://www.wrightslaw.com/info/advo.susan.success.htm