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IEP shock please help!

mamantrainingmamantraining member
in Special Needs
Today I met to transfer my sons IEP from another state. In the previous state he had preschool and 2 hours speech. The district here is trying to take away the preschool and give only 30 min speech due to reasoning that his only delay is speech. I am beyond shocked to say the least. Here are my questions:

Is this legal to just change the whole IEP without any sort of evaluation?

The case manager tried to say the IEP was closed and finalized even though I was not in agreement. She basically had a "too bad" kind of attitude. Doesn't the parent have to sign or at least agree?

Someone please help and give reference to laws. I will research my self as well.

Thanks!!!!
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Re: IEP shock please help!

  • mommyof4boysmommyof4boys member
    NO! The law says that they must use the old IEP for 30 days and then do their own testing (at least the numbers are the NJ code). IDEA says they must use the old IEP and then do their own testing. You have the right to disagree and file stay put to force the old IEP to be in existence until the new one can be agreed upon. Where are you located?

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  • mamantrainingmamantraining member
    We are in Illinois now. How do I file stay put?
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  • CaptainSeriousCaptainSerious member
    In order to file for his pendency, or"stay put", rights, you might have to file a motion (I.e., lawsuit) against the district. You might be better off seeking the help of an advocate first. Things often tend to improve once an advocate is involved. Ask for another meeting and tell them you will be joined by an advocate at that meeting.
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  • mamantrainingmamantraining member
    Are there any resources I can look into to find an advocate?
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  • mamantrainingmamantraining member
    Auntie- I will read what you referenced. Thank you. My thing is this case manager straight out told me they are not doing an evaluation but are using the old one. This doesn't seem right to me and I'm not sure how to proceed. I emailed her supervisor...is there anything else I should do? File a complaint?
    Also, his speech disorder is pretty significant is that makes any difference.
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  • mamantrainingmamantraining member
    Moderate to severe Apraxia and mild expressive delay. His previous IEP had 120 minutes a week. How could they change this without an eval?
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  • mamantrainingmamantraining member
    I'm going in a million directions, but is mediation a good route to take?
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  • mamantrainingmamantraining member
    No, we weren't getting PROMPT but he made great gains despite that. All I want is something comparable to what we had before and if not then an evaluation. So if they are refusing to evaluate then I should request an IEE?
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  • macchiattomacchiatto member
    edited March 2014
    I just wanted to say I'm really sorry you are going through this. We had a very disappointing IEP meeting for our son recently. He ended up with no IEP, no services. There was a box we could check saying we didn't agree with the team's decision so we checked that before signing the letter. Different situation though since we weren't moving states, etc. I'll have to check out the wrightslaw website myself. I really hope you're able to find helpful resources in your area and get a solid plan in place that will really benefit your son. Let us know how things play out for you guys.
    fraternal twin boys born january 2009
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  • bliss611bliss611 member
    Hi,

    I am nowhere near as experienced as the others here - just had my very first IEP meeting less than a month ago. But in NY, the paper we signed agreeing to the IEP recommendations gave a number to call for mediation as the first step if the admin and parents didn't agree about the IEP.

    HTHs!!
    Good luck!!!
    Baby Birthday Ticker Ticker
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  • mommyof4boysmommyof4boys member
    To piggy back on Auntie, I am waiting to meet on my 2nd mediation of this year with the same kid. My 8 year old is not getting appropriate services for his Apraxia.  I have to say I dreaded the next IEP post us filing (another kid) but it was the nicest IEP we've had to date. IMO, our district knows we will file if we disagree and the case manager has made an effort to work with us now.
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  • mamantrainingmamantraining member
    Mommyof4boys - when u did mediation did u use an attorney or advocate?
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  • mamantrainingmamantraining member
    Auntie - what do you mean by finding case law? A specific case that's similar to mine?
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  • mommyof4boysmommyof4boys member
    I am doing it on my own. I took classes from my state's parent education network on advocacy.
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  • mamantrainingmamantraining member
    So far I haven't seem any similar cases, but the supervisor suggested we reconvene which gives me a glimmer of hope. I went through my sons records and please tell me if this is a good point to make - he has been in speech since he was 1.5 when his expressive language was at a 7 month old level. Since then he has received 2 hours a week of speech and his articulation is still noted as moderate to severely delayed. He is making progress and meeting goals. Doesn't this show the need for a good number of speech minutes? I know since he's preschool age now that they consider the time he is out of the classroom...
    Also, would a letter from his SLP that treated him for 1.5 years be beneficial? I know they don't have to consider it but just looking for a game plan to show what is "appropriate" for him.
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  • mamantrainingmamantraining member
    Yes I believe we do have universal preschool here..I think. It's based on income.

    They are arguing that they only need to provide the therapy he needs to access the curriculum. But doesn't that therapy need to occur frequently enough for him to make progress?

    The speech manager said I could ask for an eval but I forgot to ask if this eval would be the same as the initial where I have to wait 60 days. Does anyone know?

    We are meeting again later this week.
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  • mamantrainingmamantraining member
    I will write the letter for the eval. Should it include a rationale or just request for another evaluation? When I researched IDEA the sources that I found said that the district only had to evaluate if they saw it as necessary. I'm not sure if I'm missing a part to this.
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  • kar5162kar5162 member

    The way I read Wrights Law, they have to provide you with comparable services until they reevaluate and rewrite the IEP. They do not have to reevaluate and rewrite the IEP if it is deemed unnecessary. I think there are a few things to think of 1) comparable.  That seems to be defined as similar or equivalent, but not same.  2) The necessity of reevaluation. It will certainly apply at the 3 year mark for reevaluation, but doesn't necessarily need to happen right now.

    It would be a complete shock to have see such a different recommendation, especially since you weren't expecting it. Unfortunately (fortunately I guess for people who think there should be local control/more state/less federal regulation), there are significant differences in how different states address IDEA, especially for preschoolers.

    In terms of preschool eligibility, I think it is more then norm than not to not get developmental preschool placement if you only have one area of delay. Where I am (and I believe most states), it is 2 areas of delay to qualify (and I know the level of delay is at different thresholds in different places). I don't think speech only as itinerant services is very surprising, though frustrating.

    In terms of minutes, there also seems to be no standard. It is hard when thinking about your own child's IEP, but probably theoretically makes sense...not every kid will need the same # minutes to make progress and not every kid will need the same speech. It could be that with a fabulous therapist and the right approach, he can make just as much progress with the much shorter session...or it could be horrible and they could just be trying to save money. Hard to know without trying. They do only need to provide the services he needs educationally. This is not necessarily what (even close) he needs for life. DS's issues are motor related, but we have always (and will most likely always) supplement with private therapy. School services just aren't sufficient and if they were, he would miss too much school!  

    The thing is, even if they do a re-evaluation, it doesn't mean their recommendation for services would change. If you need to be delayed in multiple areas in their district to qualify for preschool and his delay stays the same (just speech), he still won't qualify. If they blanket recommend 30 min speech as a starting point, then they will still recommend 30 min. It doesn't mean he wouldn't progress faster with more, but he may not necessarily need more to be getting FAPE.


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  • mamantrainingmamantraining member
    Thank you both. My focus now is on the speech minutes...he actually had 60 individual and 60 group previously so I still am having a hard time with the recommendation. Children with apraxia need frequent practice in order to correct their errors, I guess that's where I am getting stuck. It's well researched. Once a week just seems pointless. And we don't have funds right now to supplement.
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  • mamantrainingmamantraining member
    Yes...I have been for years. I'm looking into schools. What's MDO?

    I'm also looking at universities for speech options.
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