Procedural question - changes to an IEP

[Anonymous]

Please bear with me as I am livid right now.

Situation: We changed schools within DC from an Charter to DCPS. Earlier this week we had a meeting to discuss goals given the new school. The draft that was sent to us last week had services that matched last years so I was feeling pretty good that my child was going to get the support needed.

During the meeting they had out the draft IEP. I had mine printed out from what they had sent me. I had notes, highlights etc. They said it was what they sent me so I did not think twice.

Today I received the updated final IEP and imagine my surprise when services are cut to 25% of what they were! Hours for specialize instruction were never discussed in the meeting and they changed them in the final.


My questions: where do I start with getting the hours back into the IEP so that my child is positioned for a successful year?

what I do not understand is the school told me that I do not need to sign the new IEP. How can a new IEP be in place without agreement by all IEP team members? They just cut services significantly and can move forward with that?

[Anonymous]

Maybe someone else can confirm but... it sounds like they violated your right to prior written notice of proposed changes to the IEP. You should have received a draft of their proposed changes 7 days prior to the meeting (I think).

Are you saying that you received the draft but didn't notice that the draft included changes? Or that what they sent and what they had at the meeting were different? If that is the case, they are in violation of the procedural safeguards and I would put them on notice of that fact. Forward what you were sent to the principal and other IEP team members and ask them to explain.

I would immediately contact them in writing (email) and let them know that you do not agree with the proposed changes, the proposed changes were not discussed at the meeting and you want to know why they made the changes to the child's service hours.

Another tactic to take if they did provide the material and you failed to notice their proposed changes... pull together any reports from doctors or evaluations you have and request an IEP meeting with the new evals and ask that the new information be considered. This assumes that you have had recent evals that you can share.

Or, call an educational consultant/advocate.

Good luck!

[Anonymous]

Only communicate in writing.

Give them the benefit of the doubt and point it out as an error.

Tell them that when you compared the version you received ahead of time with what you were given afterwards there were changes -- which of course cannot be accurate since no changes were agreed to.

Also ask them to send you a copy of the meeting notes that were taken.

Give them a chance to 'fix it' and take it as a cautionary tale to never assume, always have the same paper as they do in the room, and check everything before leaving.

[Anonymous]

Anonymous wrote:Maybe someone else can confirm but... it sounds like they violated your right to prior written notice of proposed changes to the IEP. You should have received a draft of their proposed changes 7 days prior to the meeting (I think).

Are you saying that you received the draft but didn't notice that the draft included changes? Or that what they sent and what they had at the meeting were different? If that is the case, they are in violation of the procedural safeguards and I would put them on notice of that fact. Forward what you were sent to the principal and other IEP team members and ask them to explain.

I would immediately contact them in writing (email) and let them know that you do not agree with the proposed changes, the proposed changes were not discussed at the meeting and you want to know why they made the changes to the child's service hours.

Another tactic to take if they did provide the material and you failed to notice their proposed changes... pull together any reports from doctors or evaluations you have and request an IEP meeting with the new evals and ask that the new information be considered. This assumes that you have had recent evals that you can share.

Or, call an educational consultant/advocate.

Good luck!

Sorry for lack of clarity in my original post. I am still mad.

They sent me a doc last week to review for the meeting (Call it Update 1). I thought to myself - great! I have time to review.
I walked into the meeting and they handed out what I though was Update 1 since they said it was what they sent me last week. It was not. It was update 2 that had a difference in the hours.
We never discussed hours in the meeting.
I received update 3 today that had a change in hours from updates 1 and 2 (note - in update 2 the hours was blank)

Thanks to everyone who has shared approaches for how to respond. I am not sending anything tonight as it would not help my DC out.

[Anonymous]

I'd be pissed too. And they aren't even supposed to present an IEP to you. You are supposed to develop it together. I have never received an IEP with the service hours already filled in before we even met about it. I'm sure they know what they want to offer, but I've never experienced that they have it already written in the draft before we discuss goal and get agreement on goals. Did they take away a lot of goals? Did you agree with that?

[Anonymous]

The school presented a draft based on the IEP from the previous school.

I am OK with the goals - we discussed those in the meeting and worked through changes and some new ones.

I am not OK with the cut of hours and I am talking to his private OT tomorrow regarding strategies. I knew we had a generous baseline of hours - but cutting it by 75% and not discussing it set me off.

I drafted a letter and my DH will edit it b/c I am the emotional one and he is the strategic one.

[Anonymous]

Which school OP?

If it's one of the Ward 3/WOTP schools you want an advocate.

[Anonymous]

Anonymous wrote:Which school OP?

If it's one of the Ward 3/WOTP schools you want an advocate.

Thanks for the heads up. Yes it is a WOTP school.

Any recommendations on an advocate? We have not needed one in the past as we have always worked as a team to get the right plan and services for the child.

[Anonymous]

I like Kim Glassman, 301-651-2578

[Anonymous]

A draft IEP shouldn't contain suggestions for hours, because hours should be set after goals are finalized. This sequence is very clear in the law.

Generally, a draft IEP will either list 0 hours, or if it's built off a previous IEP, will contain the hours that were there before.

There should be no PWN about hours until the hours are agreed upon at the meeting.

But there should absolutely be discussion of hours at the meeting. The fact that they didn't have one is hugely concerning. I would ask that the IEP be reconvened. I agree that an advocate would help immensely.

In DC, there is no requirement for IEPs to be signed, other than that initial IEP. After that if a team writes an IEP, the IEP goes into effect unless a parent requests due process to block it.

Good luck!

[Anonymous]

Anonymous wrote:A draft IEP shouldn't contain suggestions for hours, because hours should be set after goals are finalized. This sequence is very clear in the law.

Generally, a draft IEP will either list 0 hours, or if it's built off a previous IEP, will contain the hours that were there before.

There should be no PWN about hours until the hours are agreed upon at the meeting.

But there should absolutely be discussion of hours at the meeting. The fact that they didn't have one is hugely concerning. I would ask that the IEP be reconvened. I agree that an advocate would help immensely.

In DC, there is no requirement for IEPs to be signed, other than that initial IEP. After that if a team writes an IEP, the IEP goes into effect unless a parent requests due process to block it.

Good luck!

Can you clarify - PWN?

Do you know - or know where I can find the answer: our original IEP was through a different LEA (the charter), the new IEP is through DCPS. Given that this is the 1st IEP through the new LEA does this count as the 1st and require signature?

I am not sure what lever I need to use to fight for the hours - and right now my thinking is that the procedural element is the only thing I have so I am trying to get smart on the law.

[Anonymous]

PWN - Prior Written Notice (google it or look on weightlaw.com

I don't think this would be considered a new IEP.

[Anonymous]

Get an advocate if you can afford it. If you can't call Alliance for Justice in Education. It will be slower for them to respond as a largely pro bono agency.

[Anonymous]

OP - I imagine they will try to say that in light of the goals and what they observe so far from your DC they believe he can meet those goals with the amount of hours they are proposing.

You need to figure out how to prove that he needs more hours in support services to meet them. Did they do any evaluation at all since he's been in this school?

[Anonymous]

Anonymous wrote:PWN - Prior Written Notice (google it or look on weightlaw.com

I don't think this would be considered a new IEP.

Thanks - I was just unfamiliar with the use of "PWN".