Lapsed IEP: school claims goals met and they haven't worked on anything for the last 4 months
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Anonymous
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So my kid's IEP should have been rewritten in December. I'm fighting with the school, so implementation of the new IEP has been delayed.
The special ed teacher just informed me that there's no need for a conference because 1) the IEP "expired" in December, 2) my kid met all of their goals (which honestly weren't sufficiently ambitious), and 3) although my kid is being "serviced," there are no goals that they're working on right now. I'm livid that somehow, nothing has been happening for 4 months. I know IEPs don't "expire," but what do I make of this situation? My kid has basically been without services for 4 months. |
Anonymous
| Lawyer |
Anonymous
| Holy Crap! That's egregious. Are you local? |
Anonymous
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Wow. I have a kid who has met his IEP goals and we are all in agreement the IEP is no longer needed. But we are still holding an official meeting about it.
This doesn’t sound right at all. |
Anonymous
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I would write an email requesting an IEP team meeting and send it to the case carrier, classroom teacher and administrator. They need to have a meeting within a certain amount of time.
In the meantime, study up on requirements in your state. Read the support manual for your school district, the rights document you have gotten at every meeting and anything else you can find. Wright’s Law is often cited as a resource. PEATC in Virginia has good materials, but they are state specific. Depending on your financial situation, consider hiring an advocate or a lawyer, but they are expensive and I might try without first. If you have an experienced therapist who knows about special ed, you might be able to ask them to sit in on the IEP meeting. I found having an outside person helped keep the school accountable, even if that person doesn’t say much. |
Anonymous
| Second getting a lawyer. APS? |
Anonymous
| They are out of compliance. Not good. Time to call the head of the sped department. If they are saying that child no longer needs an IEP they should meet to dismiss or test. |
Anonymous
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If you haven’t agreed on new goals and new IEP then it is “stay put”. The services, minutes, and goals have to stay the same until new ones are agreed on. You say your kid is still getting minutes but until there is an agreement on the new IEP the teacher can’t unilaterally choose new goals.
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Anonymous
Yes, I don’t see any proof the school is in the wrong here. As long as they are providing the minutes and working on the same goals from the previous IEP, they are doing their job. It’s your own fault if the goals are a waste of time because the child has met them already, if you won’t agree to a new IEP. |
Anonymous
That’s just not how this works. I don’t understand why people act like you can l just say “I declare stay put” and tada. It happens. You have to file a due process complaint. |
Anonymous
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Until you disagree or partially agree or agree to a new IEP, the old IEP is valid. They have met with you, and are continuing to meet with you for IEP meetings. They didn't know it would take 4 months to keep meeting.
You can 1) disagree with the new proposal 2) partially agree to the new proposal or 3) keep meeting to draft a proposal you agree with. The special education department chair can help you if your case manager cannot. If the department chair doesn’t help you, ask them if the principal who to escalate concerns to. |
Anonymous
OP says she is fighting with the school. If new goals haven't been agreed to at a meeting and the school thinks the child has met all the old ones, what are they supposed to be working on? They can't unilaterally make new goals. It sounds like they are telling OP that they are giving the service minutes, just treading water with what they're working on. Declaring that the child has been "without services" is not what the teacher said. It's also a "conference" that she said was unnecessary, not an IEP meeting--I'm not surprised that the teacher, who has probably been pulled away from other students for hours already trying to resolve this one IEP, is not enthusiastic about having yet another conference to rehash the same information and arguments, in a forum where nothing formal can be settled upon anyway. OP, if you don't have an advocate, I might get one if for no other reason than it sounds like the relationship is breaking down and the school staff are just as fed up with you as you are with them. For the teacher to communicate that way, they sound at the end of their rope with this situation. A third party might be able to detach things a little. |
Anonymous
| What services are you fighting for, OP? |
Anonymous
| It is hard to give you advice without more information on what exactly is going on |
Anonymous
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The school can’t work on new goals if you won’t let them write new goals…
I’m curious what you want the situation to look like? It sounds like minutes are still being met/hours serviced. Do you want them to continue to work on previously mastered goals only until new goals are written? |