IEP law's

iVillage Member
Registered: 12-12-2004
IEP law's
11
Mon, 02-07-2011 - 7:56pm

I have a couple of questions in regards to the laws surrounding IEP's.

We have recently moved from California to Pennsylvania and are having a difficult time getting services started. My son is 4 1/2 and his IEP calls for OT, Speech therapy, and 15hrs/week of highly structured classroom time in which he receives them. The IEP doesn't dictate a specific provider for these services, simply that they are the services he requires. Here in Philly they are writing the IEP specific to where he will receive services, and we are having difficulty in finding an appropriate school to attend. I have visited 2 that are not suitable for various reasons and could spend a few more weeks visiting more until we agree on one. The problem is that until I sign the IEP they are not giving him any services. I refuse to sign the IEP until it reflects the school needs, I know that if it only says the OT and speech that is all I can hold them too.

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iVillage Member
Registered: 11-10-2003
Tue, 02-08-2011 - 1:19pm

IDEA 2004 says that the new school district needs to provide "comparable" services until an evaluation and new IEP is completed.

iVillage Member
Registered: 10-08-2004
Wed, 02-09-2011 - 8:20pm

Like the other poster said if there is an IEP from another district then your new school district must continue following that IEP and providing the services in that IEP until a new one is written.

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iVillage Member
Registered: 12-12-2004
Wed, 02-09-2011 - 9:15pm

Thanks ladies!

I sent an email to the coordinator today telling her that my impression of the federal law was that he was to receive comparable services until the IEP is in place. She responded to the email, just answering another unrelated question that was in it. Hopefully tomorrow she will jump on it, but if not I have ordered a couple of the books from Wrights law that will hopefully help to guide us through. We are military and will move every few years so I anticipate having this sort of problem again.

iVillage Member
Registered: 10-08-2004
Thu, 02-10-2011 - 9:40am
I am not sure about the last part, I've never really delt with early intervention.

But I can say don't take anything off of his IEP under the promise that it will be put back in. Our school systems are in too much financial debt IMO to trust that at all. Once you give away services it is very very hard to get them back. Our district would like nothing more than for me to reduce my son's services so they don't have to financially provide them for him. But I'm not doing it. Stick to your guns. Put everything in writing. I suggest actually written letters instead of emails if possible and keep a copy as well as proof that she recieved it. A certified letter might be a good idea.

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iVillage Member
Registered: 11-10-2003
Thu, 02-10-2011 - 10:02am

I believe you are correct.

iVillage Member
Registered: 12-12-2004
Fri, 02-11-2011 - 8:01am

After much discussion, my husband and I have decided to go without an actual school setting here and do things by appointment in order to get services started. I left a message for the lead coordinator about getting him interm services, but still haven't heard back.

We made the decision after realizing that everything we are fighting for right now would only be good for a few months as he enters the school system this fall and will have a new assessment and IEP in the next few months. We are going to get Ryley services so that so that we have the breathing room to fight for the school district to give him what he needs. We have been told that the best placement and LRE for Ryley may be a regular private school with a small class size so we wouldn't need as many outside supports. In order to get that, we see a fight looming...

iVillage Member
Registered: 10-08-2004
Fri, 02-11-2011 - 8:38am
Beware of private schools. I speak from experience b/c I work at one and had my son there at one point. They seem to have an 'easier' time dismissing a child b/c they are not a public school. My son was obviously having problems in his preschool years but my school would not help him at all. (the admin. at that time is gone now) all I got were terrible looks and words from staff and other parents, no one took the time to see that my son had a LD. They were going to dismiss him when I pulled him out. I home schooled him for 6 mos. before putting him in the public school for Kindy. A public school has many more resources for LD kids than private schools do. While they don't always disclose them right away and often you have to dig they are there. ((((HUGS))) We do hope to keep hearing from you. I know this is a difficult fight. I hope you will continue to be a member of our wonderful board. We are here for you.

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iVillage Member
Registered: 12-12-2004
Fri, 02-11-2011 - 9:02pm

There is just no perfect answer is there? Thankfully I am able to be a stay at home mom and deal with everything, including changes midstream. I don't have to explain anything when I need to run to appt's and visit school.

I can't imagine what this must be like for a family with both parents working, that can't go places at a moments notice and the stress they must feel. Mom is a full time job on it's own, then add another job and the advocate/teacher job

iVillage Member
Registered: 10-08-2004
Sat, 02-12-2011 - 8:52am
no, you're right there isn't. I am the working mom role w/ everything else to do. It feels like a juggling act most days and I am sure even stay at home mom's feel like they are juggling too. It is a constant balancing act to get what your child needs to be successful.

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iVillage Member
Registered: 09-23-2008
Tue, 03-01-2011 - 3:35pm

Elwyn!

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