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Autism - Support Across the Spectrum Autism - Support Across the Spectrum

Didn't sign IEP now what?

Posted by on Apr. 6, 2013 at 3:37 PM
  • 18 Replies

Hello Moms,

We had our first IEP meeting last week and so much time was spent by them reading the reports and assessments that by the time we got to services my eyes were glazed over and I dropped the ball and didn't fight for my son to be with NT kids. We didn't sign the IEP and after my head cleared I sent a long email with questions and concerns.

1. They proposed a program he could start now but with summer here it doesn't make sense to pull him from his current place as they checked no for extended school year even though we asked for it.

2. They kindergarten option they proposed was a new program, so new they don't even know who the teacher is with high functionign ASD kids, ADD and ADHD. The schools psyhologist mentioned he could be pulled for some gen but that wasn't documented anywhere.

In a nutshell I have sent them a very long email asking these and more questions. They also said an IEP is once a year and I said, not from what I've read we can request it at anytime and the lady got a huge attitude.

My question is with an unsigned IEP will the school agree to meet with us again to discuss options. How do we get an IEP that we both agree on. I will admit that we were so braindead that they thought they had to just re-do a few goals and then done so we did kind of blindside them with questions on placement but that is the whole reason we took the IEP home.

The interesting this is that I have a friend who knows a teacher at the school that the supposed special ASD program will be at and she was very surprised and said this school mainstreams as much as possible and she always has 1-2 ASD kids in her class and that she doesn't think this program will even happen. Doesn't sound very individualized to me.

Also, if you have goals that are social skill based such as playing in close proximity, talking, eye contact how do you accomplish those goals with not NT kids? Two ASD kids being prompted to do things together doesn't seem to be a very natural and productive thing as far as modeling behavior.

This sucks!

Carolyn

by on Apr. 6, 2013 at 3:37 PM
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Replies (1-10):
BKozICan
by on Apr. 6, 2013 at 3:42 PM
1 mom liked this

Nooooo. An IEP meeting can be called at any time. I have an acquaintance who has set up for them to review the IEP every two months.


If the IEP is not signed, what does your paperwork say the appeals process is?

marbles142
by on Apr. 6, 2013 at 3:58 PM
My paperwork from them doesn't say anything about an appeals process. It is crazy as I just went through them and that Eligability Summary that has to be checked in all areas indicates " Assessment/observation indicates that the pupils educational needs cannot be met with modifications and or resources in a regular education program. That sounds like such BS as he's clearly high functioning.
Gloria1025
by Bronze Member on Apr. 6, 2013 at 4:10 PM
1 mom liked this

Unfortunately we are going through something very similar.  You absolutely have done the right thing in my opinion.  Do not sign anything you are not comfortable with and don't let them rush you.  You may need an advocate.  Right now it sounds like you are still in discussions but if you can't come to an agreement, you may need to go to mediation.  Make sure you know your child's rights and read up on the IDEA and Wright's Law.  I know....... This SUCKS!!

JTMOM422
by Brenda on Apr. 6, 2013 at 4:30 PM

We have our IEP coming up on the 16 th. we are taking our sons ABA with so she can listen and give pointers to us. She use to work in the school system and stays up to date on federal and state laws for education. You can call your state and find out more about the IEP process. There is also an organization called ARC that can help you with an advocate. They are free but unfortunately they aren't everywhere. I would call the closest one and talk with them about the IEP

Zoeydd
by on Apr. 6, 2013 at 5:23 PM

Ok so my understanding is that parent signature is ONLY needed for INTIAL IEP's and every 3 years RE-EVAL IEP's.  On those annual IEP's no signature is needed and the IEP automatically goes in effect after 7days of the IEP date.  BUT YOU CAN ALWAYS REQUEST AN IEP AND GET YOUR IEP AMMENDED....with everything else though as far as placement I reccommend you get an advocate

all4gumby
by on Apr. 6, 2013 at 6:23 PM


Where did you find that information?  Personally, if they told me that I didn't need to sign it for them to put the new IEP in place, my next call would be the Office of Civil Rights to file a complaint.  Parent involvement is your right. 

Once you put a request for an IEP in writing they have a limited amount of time to respond, if they fail, then you can file a compolaint through the state.  Depending on how the IEP went, sometimes I would submit a letter requesting an IEP at the end of the IEP meeting (especially if I did not agree to the recommendations).

If you did not sign the IEP, because you did not agree I would request a mediation through the district office. You can also start the appeals process.


https://nfb.org/images/nfb/publications/fr/fr10/issue1/f100113.html


Also anytime the school tells you "no" they must give you prior wirtten notice (which has it own rules), or they will be in violation of IDEA.  


Quoting Zoeydd:

Ok so my understanding is that parent signature is ONLY needed for INTIAL IEP's and every 3 years RE-EVAL IEP's.  On those annual IEP's no signature is needed and the IEP automatically goes in effect after 7days of the IEP date.  BUT YOU CAN ALWAYS REQUEST AN IEP AND GET YOUR IEP AMMENDED....with everything else though as far as placement I reccommend you get an advocate



momtoscott
by on Apr. 6, 2013 at 6:31 PM

On my IEP signature sheets, there have always been several options: accept the plan as proposed, reject the plan, accept but with concerns, with space for listing them, etc.  I would request a quick meeting with the SPED director to discuss your concerns and questions about how to get services rolling without locking your child into an inappropriate placement.  

darbyakeep45
by Darby on Apr. 6, 2013 at 7:22 PM

We bring my son's ABA therapist with us to his IEP meetings...it works out well.  Good luck mama!

girl_incognito
by on Apr. 7, 2013 at 8:51 AM
1 mom liked this

Go ahead and schedule another IEP meeting to address your concerns from this one... you can do that just give them 3 days prior written notice :)....

You have to talk these things through, sometimes it can take a lot of meetings and a good deal of time to come to an agreement on something. Just don't give up. 

If you feel like they are not allowing you to be a part of the team, express that. 

I take minutes and record the meetings. When you take minutes have them sign  your copy, also you can write in things on their minutes... Say like parent rejects XYZ... 

Here's my suggestion... when you feel like the team is not able to reach a decision in the meeting, adjourn the meeting and reschedule. Things like placement decisions can be hard to come to a decision upon in the moment.

girl_incognito
by on Apr. 7, 2013 at 8:55 AM

In our state we do not have to sign the IEP for it to be accepted. In some states they do have that option though. I always make note of what I disagree with in the minutes and pursue it. I have never had an IEP implemented that I did not agree upon either.

In my state we only have to sign for the initial and the re-evals. The signature sheet on the IEP is only for record of who was at the meeting. There is no option to accept or reject. I do however have the option to have as many meetings as I want :) and I have done the complaint process... So it's really all about knowing the federal laws and the state laws too.

Parent involvement is always required for any decision though. The signature thing is just different depending on what state you are in

Quoting all4gumby:


Where did you find that information?  Personally, if they told me that I didn't need to sign it for them to put the new IEP in place, my next call would be the Office of Civil Rights to file a complaint.  Parent involvement is your right. 

Once you put a request for an IEP in writing they have a limited amount of time to respond, if they fail, then you can file a compolaint through the state.  Depending on how the IEP went, sometimes I would submit a letter requesting an IEP at the end of the IEP meeting (especially if I did not agree to the recommendations).

If you did not sign the IEP, because you did not agree I would request a mediation through the district office. You can also start the appeals process.


https://nfb.org/images/nfb/publications/fr/fr10/issue1/f100113.html


Also anytime the school tells you "no" they must give you prior wirtten notice (which has it own rules), or they will be in violation of IDEA.  


Quoting Zoeydd:

Ok so my understanding is that parent signature is ONLY needed for INTIAL IEP's and every 3 years RE-EVAL IEP's.  On those annual IEP's no signature is needed and the IEP automatically goes in effect after 7days of the IEP date.  BUT YOU CAN ALWAYS REQUEST AN IEP AND GET YOUR IEP AMMENDED....with everything else though as far as placement I reccommend you get an advocate




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