Reply to Procedural question - changes to an IEP

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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![/quote]

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.[/quote]

Prior Written Notice is the document that is sent home that says "We're starting or stopping or changing X"  A previous poster had said that that PWN about the change in hours should have been sent home before the meeting.  That is not correct, the only PWN that comes home before a meeting is the notice that a meeting is occurring.

The only IEP that requires a signature under DC and federal law is the first one after a student is found eligible for the first time.  Even if a child transfers LEAs or states, there is no signature required.

Even if there is a procedural error, and the only one I see is about not discussing the hours at the meeting, that won't get you a change in hours.  The change in hours will have to come because there is evidence to support the higher hours, or no evidence to counteract the previous LEA's evidence.
[/quote]

So if my DC had 10 hours a week of specialized instruction in the last IEP - and they have decided that 30 minutes a day is appropriate.  Is there an expectation for the school to state why they think the child can meet state standards with such a significant change?  [/quote]

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