Tuesday, May 11, 2010

How can a parent bypass a IEP?

My son was placed in out of district placement in december of 2008. He currently is in a alternate education school and i am looking to get him out of it because he is not happy there nor is he able to academecally flourish in that type of enviorment. His IEP dictates that out of district placement is what they believe is best for him, How can i as a parent bypass that IEP and get him back into district school?How can a parent bypass a IEP?
An IEP is a legal agreement, and it can't be ';bypassed.'; That's for your protection - you wouldn't want the school to be able to ';bypass'; the services that your son is legally entitled to as per the IEP. But an IEP can be amended, and as a parent, you have the right to request a meeting to review your son's progress and discuss options for a change in placement.How can a parent bypass a IEP?
First I'd talk with the school administrators of the special education department and then go to the district administrators of the special education program.





Be prepared to go to the State special education office and the federal office of special education if you have to. This is your son's life which you are talking about.





What do you believe is best for him--and what professional evidence do you have/can you gather which will substantively and also successfully support your assertion at the meetings?





All of this presented evidence (academic records post-placement, testings) need to show he is not making academic progress in the current academic environment. An in-district placement is what would then facilitate that academic success for your son.
If your son is special needs, the IEP is required to accommodate his academic needs. Without an IEP, he will be dismissed from special education and the district or school does not have to service your sons academic needs. If your school district can not provide services that your son needs, they will seek services out side the district. One such service is VI or O%26amp;M (not many students are visually impaired or blind and some district do not have these services so they contract outside the district).


A committee can and most likely will meet to develop an IEP for your son, at the ARD you need to voice these concerns and advocate for your sons needs to be met. You are his spokesperson and


you know your son the best. Remember you can call an ARD at anytime to address the issues that you have.





Blessings
An IEP is the best program for your child. You as his parent are an equal member of the team that writes the IEP.





If you are unable to reach satisfactory agreements about his education %26amp; his placement; you may need to do as we did and contact PROTECTION %26amp; ADVOCACY at your state department.


They will advocate your position.





Also, contact your state PTI - Parent Training Information Center. The state board of education can put you in touch with that group.





Good luck. And don't SETTLE for less than your child deserves.
In United States:


A parent can request a progress hearing at any time ( although they may schedule it a few weeks in advance). The first meeting may be informal, kind of a information seeking mission. What is the school's concern? What needs does your child have which cannot be handled locally?What would need to happen for the school to be comfortable getting your child back as a student?





Gather facts such as documented progress or lack of progress.


Consider a private evaluation. Either it will confirm the school district's opinion or it will give you ammunition to use at the meeting.





Arrange to bring an educational advocate or attorney with you to the meeting when you are doing Keep all copies of work which the child brings home and all documents related to your child's education.





Speak with the principal, the district special ed director , and even the state special education office about your concerns.





If you are willing to go the distance and you have the facts to back your position, request a state level due process hearing.





Consider a lawsuit.





At the meeting, refuse to agree to any placement with which you do not agree. Submit a letter in writing which disagrees with placement.





The site below is for parents advocating for their children. Great source for legal and practical information.
All you have to do is write a letter to district sped director stating you want him out of special ed. By law they will have to take you to court to let a judge decide if he stays or not. Schools rarely do this, though.


One thing you can do is give them proof in black and white that he is not progressing, and they will HAVE to come back to the table (IEP meeting) to come up with something else that WILL help him progress.


Go to this message board, it's the best and they can help--





http://millermom.proboards.com/index.cgi鈥?/a>
ask for another IEP meeting to revise it

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