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IEPs and Legal Issues

Revoking an IEP


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Joined: Jan 03, 2008
Posts: 9
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Posted Mar 15, 2008 at 11:22:08 AM
Subject: Revoking an IEP

I posted this to the wrong forum initially, so here it is again--thanks!


I think this situation is somewhat unusual, but maybe someone can help me. My dyslexic ds is in a private high school, but it is publically paid for. when he enrolled he was placed in a special class (one period) to build skills and given an IEP. I did not totally agree with the placement, but decided it would be okay to give it a try and see if it is helpful. It is meant to support other class work.
My ds does not like the class and neither of us feel that it is helpful to him, he is doing well in his classes otherwise. His main issue is getting thoughts to paper, and that can be solved with accommodations. the school does not want to let him out of the class. They are arguing that he tests with an ld so he has to be in the class.
I understand that I an revoke the IEP and get him a 504 for next year. Is this correct? Can the school insist he go into the class? It very much limits his taking of electives which he likes a lot, and as I said, is not of assistance or support, and he is doing fine in his academic classes it is intended to support.We had one meeting and the team present agreed that he could be out of that class for next year. The school people said they had to figure out how to deliver services, specifically evaluations of progress, so we set up another meeting. The special services director attended the meeting that time and the issue was back on the table! The school staff and ss director said he had to be in the special class. I disagreed and the district questioned the placement as well. We set up another meeting which we have not yet had, but when the lea rep mentioned that I could revoke and then he would have a 504 the ss director said that "he doesn't have to attend this school," hinting that he had to take the class or not go there. He is fine in his regular classes.

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Kathryn
Joined Oct 02, 2006
Posts: 172

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Posted:Mar 16, 2008 7:43:57 PM

You have an excellent question. I wish I could answer it for you, but all I can do is speculate that someone is playing games with you. I could be wrong, but what I have learned about placement is that any change in placement is an IEP Team Decision! It has to be agreed upon by all members of the IEP or he stays put. This is why I hesitate to enroll my daughter in a special day class because I know I will not be able to get her out. They tried to convince me saying "If she is not happy we can always meet to discuss moving her back" and I said "No, you didn't answer my question. I said "can WE move her back unilaterally" and she told me "No, it has to be a team decision."

I was even told that home schooling her would have be be a team decision as well because even that is a change in placement.

So, not sure how to move him out except that you may have to hire an advocate and go to due process hearing. At that point, the school might let you move him knowing that it will cost them money for the hearing.

Also, I'm just guessing that their way of getting him out of the private school is by not being flexible with you. Strong arming you to doing what they want, which is probably back in the public school.

Kathryn

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Karen
Joined Jan 03, 2008
Posts: 9

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Posted:Mar 20, 2008 9:27:18 AM

Thanks, Kathryn. Yes, what you were told is what happened to me, but I did not ask the right question. I asked what the implications were of putting my ds on an IEP (instead of a 504) and consenting to the special class. The school told me we could revisit the issue. Unfortunately I did not ask whose decision that was. I am so upset over this, partly because of my failure to ask that question.
I do have LRE recourse, however, it is not LRE, and the district agrees with me, so far at least.
Thanks again.

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DRHD
Joined Apr 29, 2008
Posts: 135

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Posted:May 03, 2008 11:00:29 AM

Karen, what is the status of this issue you are having? I read for the first time your issue and I would be advising you differently from the way you are thinking. So, where is this situation. Kathryn's inputs, as always, as I have come to understand are sincere, helpful, and on point.

DRHD

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DMS
Joined Jan 25, 2007
Posts: 22

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Posted:May 03, 2008 1:16:43 PM

Karen,

I have a few questions for you.

You wrote:

"I think this situation is somewhat unusual, but maybe someone can help me. My dyslexic ds is in a private high school, but it is publically paid for. when he enrolled he was placed in a special class (one period) to build skills and given an IEP. I did not totally agree with the placement, but decided it would be okay to give it a try and see if it is helpful. It is meant to support other class work."

Can I ask why he is attending the Private High School at public expense? Is this school FOR dyslexic kids? If he does not have an IEP would he have to move back to a public high school?

Maybe they want him in that class so that he can continue to attend and that is how they or you or the public school determined why he should go there in the first place?

It would be interesting to know if he "only" had a 504 Plan if he would still be allowed to attend that private school at public expense.

I am only trying to understand... not offend.

HUGS,

DMS :=)

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DRHD
Joined Apr 29, 2008
Posts: 135

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Posted:May 03, 2008 2:36:54 PM

Karen would I be correct in saying your child is in a Charter school as you are a California resident? This may shed some light on the question raised by DMS.

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