STRATEGIES TO NEGOTIATE WITH THE SCHOOL

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IEP FAQs

Questions and Answers On Individualized Education Programs (IEPs), Evaluations, and Reevaluations from US Department of Education, Building the Legacy of IDEA 2004. The responses presented in this document generally are informal guidance representing the interpretation of the Department of the applicable statutory or regulatory requirements in the context of the specific facts presented and are not legally binding.

IDEA 2004: What You Need to Know About IEPs for Children with Behavior Problems  - IDEA 2004 and the special education regulations include specific requirements for IEPs of children whose behavior impedes their learning or the learning of others -- including training teachers to use positive behavioral interventions and strategies

Present Levels: The Foundation of the IEP. Until the Present Levels in your child's IEP are up to date, you will never be able to get the program, placement, or education your child needs. Indiana Advocate Pat Howey explains why parent input is so important during the IEP Team's assessment of your child's present levels of performance.

School Says, "No Advanced Classes for Kids with IEPs? Children with IEPs receive protection from discrimination under Section 504 of the Rehabilitation Act (Section 504). Does your child qualifies for advanced classes and the school will not enroll her because she has an IEP? That sounds like discrimination.

How Will IEPs Change Under IDEA 2004? New requirements for special education teachers, IEPs, and scientifically based instruction for children with disabilities.

Must Services in the IEP be Provided by a Special Ed Teacher? The IDEA and federal special ed regs do not require that the services listed in the IEP must be provided by a special ed teacher. (Vote in the poll at the end of this article.)

Can School Attorneys Legally Attend IEP Meetings? Jeff Martin, parent of a child with a disability and law student in the PELE Clinic, researched this issue and wrote a legal memorandum to answer this question.

Can Parents Demand a Member of the IEP Team be Excluded? You can demand, but if you do, you set yourself up for a big fall - and you are likely to be labeled as unstable. Parents need to request the services their children need and attempt to keep things unemotional and businesslike.

How Can I Get My Child's IEP Revised? Can parents ask that the IEP be revised? Answers to questions about when and why to revise IEPs. 

Is There a Limit to the Number of Goals in the IEP? Answers to questions about IEP goals and who is responsible for long-term planning.

Can a Child be Punished for Not Meeting IEP Goals? If the teacher fails to meet the instructional objective, it makes no sense to punish the child. It is the teacher’s failure. She has not taught your child what he needs to be able to do in order the reach the goal.

Can an IEP Meeting be Postponed? The IEP Team can convene, and agree to re-convene after receiving the new testing results. There is no limit to the number of IEP meetings that may be needed to create an IEP that meets your child’s needs.

Help! I Need Some Support at the IEP Meeting. Are you anxious about attending your IEP meeting? Would you like someone to attend with you who can help you get quality services for your child. Don’t know where to start? In the beginning, this process seems overwhelming to most parents, so you are not alone.

Can More Than One Disability Be Listed in an IEP? Answer - of course. More than one disability can be documented in your child’s IEP. (Vote in the poll at the end of this article.)

Should Your Child's IEP Include Extended Year Services (ESY)? Some children with disabilities require special education and related services longer than the usual school year in order to receive FAPE. Extended School Year (ESY) services are special education and/or related services provided beyond the usual school year.

Does a Child Need an IEP AND a 504 Plan? There is nothing in the law that says a child with a disability should have an IEP for some needs and a 504 plan for others. It’s confusing, it’s more work, and it’s unnecessary.

Is There a 10 Day Timeline for IEP Meetings? IDEA, the federal law and implementing regulations do not include a timeline for an IEP meeting when parents request a meeting to review or revise their child’s IEP.

When Do I Get a Copy of the IEP? You should get a copy of your child’s IEP right away. There is no reason for any delay. Write a short polite letter to request a copy. (Vote in the poll at the end of this article.)

Is Your Child Making Progress in Special Ed? Is your child making acceptable progress in special ed? Is your child on track to meet the measurable annual goals in the IEP?

Parents are Not Members of the IEP Team...Say What!? Parents are and always have been members of the IEP team. If parents aren’t involved in developing the IEP as members of the team, how would they give consent?

How Can I Correct Errors in the Record? If the school has minutes, notes, or other documentation from IEP meetings, these notes and minutes are part of your child’s record and available to you.

Tapes are "Best Evidence" in Litigation. Should we use transcripts of the meetings or use the tapes as evidence in the hearing?

What Should Be the Effective Dates on IEPs? “Effective date” means just what it says. If you write an IEP and put the “effective date” as the date of the meeting, then the IEP goes into effect on that date. If you are writing an IEP for the next academic year, the dates on the IEP should indicate that.

Can I Write on the IEP? There is no legal or commonsense reason why a parent or any other IEP team member cannot write on a child’s IEP. Some uninformed educators go crazy when a parent does this, saying that “the IEP is a legal document."

Does an IEP Make a Child Ineligible for Sports? Prohibiting a student from participating in a sport because he has a disability and an IEP is discrimination, and a violation of Section 504 of the Rehabilitation Act.

Can We Write Our Parapro's Name in the IEP? You need to be careful about how you approach this issue. Much depends on your relations with other school personnel and the policies or customs in your school or school district.

Should Poor Organizational Skills be Accommodated in the IEP? Some students with disabilities need accommodations or modifications to their educational program. Even with consistent teaching of strategies, his areas of weakness will probably never be strengths. It’s time for the school to identify and focus on his strengths, and help him find ways to compensate with the problem areas.

Is Your PLOP a Flop? The PLOP is known now as the PLAAFP, Present Levels of Academic Achievement and Functional Performance that provide baseline information about your child’s knowledge and skills. Present levels are the starting point for setting IEP goals and measuring progress toward these goals.

Take from : http://www.wrightslaw.com/info/iep.index.htm