IEPs and Legal Issues

Prior Written Notice Concern

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Joined: Nov 27, 2012
Posts: 3
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Posted Nov 27, 2012 at 3:09:58 AM
Subject: Prior Written Notice Concern

11-16-12 receive paper in mailbox from the Us postal service stating I have a letter to pickup. The form states the letter is available for pickup on 11-17-12. (Saturday)

11-18-12 School holds IEP meeting for both my children, everyone is present for the meeting except our entire family, and the intervention specialist out on sick leave. The school forces into action two IEP(s) after we made the school aware on 11-14-12 that we were requesting a facilitator for the state to oversee future IEP meetings.

I am looking at this situation as the school not providing adequate notice, and Saturday counts as a business day?

Is this Prior Written Notice acceptable?

What action should be taken?

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Joined Oct 14, 2012
Posts: 27

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Posted:Nov 27, 2012 9:59:01 AM

As another poster suggested, you need to become familiar with the laws. I recommend visiting the wrightslaw website & get a book. Study IDEA, FAPE, codes & regs. You also need to read through your state & district policies. Knowledge is power.

Parents have a right to participate in IEP meetings. You do not have to sign the IEP, & you (child) have due process/complaint rights. Good luck.
[Modified by: kellygh on November 27, 2012 10:00 AM]

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Joined Feb 12, 2013
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Posted:Feb 12, 2013 11:10:22 AM

In the state of Pennsylvania, parents must be give "reasonable" notice for all meetings, but each school district, generally, has their own policy on what they consider to be "reasonable". My school district requires us to contact parents 30 days in advance and have the meeting in writing 14 days in advance, to make sure that the parent has ample time to make proper arrangements to attend. In your situation, it sounds like the amount of time provided to you does not fulfill the "reasonable" requirement. You should have been provided procedural safeguards at previous meetings. I would check with that document be sure of the prior written notice requirements, and follow the steps if those requirements were not followed. Also, there are many agencies that you can contact for a family advocate, which can be obtained for free in some cases.

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Joined Apr 29, 2008
Posts: 135

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Posted:Feb 16, 2013 9:10:59 AM

I have read your posting and my response to your question is that this short notice is not acceptable under any circumstances. The usual and customary period of notice is between 5-10 business days that excludes holidays and weekends. You do the math.

I think the advice offered to you by Kellygh is on target as she and I have already had this same discussion but under different circumstances.

As for what to do, I suggest to "file it away" and see if this becomes a trend or a pattern of this school or school district. Who knows why this notice was untimely. Perhaps you need to ask the question.

I would like to know what state you reside to check your state regulations on such matters.


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