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What can you do if student has not been receiving services in the IEP?

Posted by on May. 24, 2009 at 8:34 PM
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I have a son and in his IEP he is supposed to be getting a certain therapy, and my son is in high school and he stated he hasn't seen his therapist for about 1/2 of the year.  I know my son is telling the truth, because last time this happened the school had forgotten to give him his services.  When I requested the progress notes or records they have these are not included as part of the educational records which the law states they have to provide access to parents and student.  So how can I check to see if they were providing this service.  In their P & P it states they are not part of the educational record.  So what now?

by on May. 24, 2009 at 8:34 PM
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by Member on May. 25, 2009 at 8:46 AM

Each school district should have a parents rights that the school district should have given you each and at every start of the school year or you might be able to/ have to go on line to get. Find out what your rights are and call a IEP meeting. Call your local autism group and see if they have any advocates or lawyers then can go with you to the meeting . Most times if you threaten law suit the school district will do what they are supposed to. Get informed, know your rights and those of your child. You know your child best. Children have rights also,know what you will comprise on and those you won't. Have a clear list and take notes of anything you don't understand. See if they will have some one taking notes also or if you can record the meeting. Take another set of ears in case you miss something.

Good Luck

by Member on May. 25, 2009 at 10:39 AM

The school is flat out breaking the law if they are not providing services that are listed in his IEP.  Period!!  You need to speak to the principal or someone in the education office in your town [superintendant, etc..] to state that you are thinking of taking legal action.  This is plain ol' wrong, and illegal.

To learn more about your legal rights, visit the wrightslaw website.  It has great info about education law, IDEA, etc...

by Bronze Member on May. 25, 2009 at 1:45 PM

They are not kept in the permnanent record, but are kept in the special ed record, and in the therapists schedule.  That is what you need to request to see, the exact day and times that your son was seen for this therapy, if they can not prove that they provided the therapy, then they have not provided and if it is in his IEP that he is to get that service they are in violation of the law.  They have to keep records of which student was seen when and for how long to get reimbursed by the state (in some cases medicaid) for IEP services provided.  If they can't prove they have provided the service, you have every right to sue them, especially since they have done this before.  They will resist you wanting to the see the schedule, they will say confidentiality of other students is violated by giving you that information.  However, if they black out all info that is not related to your child, they can give you that info.   

by Member on May. 26, 2009 at 7:41 AM

This may not help you for this year, but next year.....I asked our dd's speech teacher to email us progress notes every week or two to let us know how she's doing.  We also try to pop in and see her every once in a while.  This way she knows we are paying attention and we are making sure our dd's needs are met.  For our dd, 4 yrs old and on an IEP for preschool, I go to every one of her therapy sessions, to again make sure they are done and done well.  I know that sounds crazy, but I've heard to many bad stories about kids not receiving the therapy they need.  But it also helps us out b/c we know how to help her at home too.  I've learned so much from setting in the therapies w/ her.  Nearly every one for the last 2 years!

by New Member on May. 26, 2009 at 12:52 PM

Thank you for the advice thus far, I certainly will use it. 

At our last IEP meeting I did record the meeting, had my husband there, but this year he will not be there due to deployment for a year.  I know in our area it is very difficult to get someone to attend and help advocate for our IEP meetings because there is so much demand for them here. 

At our IEP meeting the therapist stated and was very protective of the records that I pretty much know she has something to hide.  The regular therapist who provides the services to my son did not attend the meeting, it was her supervisor or director of that department. 

I also did not receive any progress reports from this department throughout the year to show his progress and still have not received anything to this point.

Does anyone have a letter template that will show me how to request the information in the correct language and wording?  I know wording of a letter can be the determining factor of whether you get what you are looking for or not. 

Also is there anyone from the state of OKLAHOMA that could be available as an advocate at my meetings?? Please let me know.  Thank you for all your help, I look forward to any additional advice that you all may find.


by Bronze Member on May. 26, 2009 at 5:45 PM

You can find info about OK at .  Send a letter to the special education dept head requesting copies of "all records and progress notes in child's name file".  You may have to pay like 25 cents a page to get them, and if their are no progress notes in it, you can assume that they don't exist and take things from there.  You also want to send the letter certified mail so you don't get the "we never got a request" response either.  Make a copy of the letter and staple the reciept for sending it certified mail to it for your records.  

by Head Admin on May. 26, 2009 at 7:30 PM

  Never ends with them hiding things .. They did the same thing with my son . In his evaluation they had him down that he did not need speech therapy lol .. He can't talk ..  If it was not for  me getting the Attorney Advocates who knows what would have happened .. For so many years I just assumed that they were on the up and up ... Never assume you know what happens when we do that ....... Very wise of you to bring in a tape recorder that is legal and every parent should do that .. Also take the advice of mamatware never send anything always hand deliver what needs to be sent .. Trust me they will say they never got it .. I also had to hand deliver quit a few this year ....Good luck sounds like you got alot of really good advice . Stick with it and you my dear have so so many rights it is unreal ... I hope that you find what you need or look in your area for Protection and Advocacy group's they should have them .. even in Kentucky .. Read everything never sign anything and alway ask them when you do not understand what they are talking about what they meant by that .. They are trying to most diffently hide alot of things from you... With the one person not showing up to the I.E.P that right there is telling you they are soooo in the wrong ..... Tell them you will take them to a fair hearing if you feel that his needs are not being met ... Always call as many I.E.P. as you want also .. God Bless your husband for serving are coutry ..  

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