IEPs and Legal Issues

Are they allowed to do this?

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Joined: Dec 12, 2013
Posts: 1
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Posted Dec 12, 2013 at 2:44:03 PM
Subject: Are they allowed to do this?

My third grade daughter told me that her teacher approached her yesterday and told her that she probably wasn't going to be leaving the classroom anymore to see her resource teacher because she was "getting to be so smart". This is a proposed change to her IEP that we have NOT agreed to yet. We meet in January. Is it illegal for them to talk to her about her IEP without our consent or knowledge?

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Joined Sep 28, 2011
Posts: 105

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Posted:Dec 13, 2013 4:29:01 AM

Hi JSMommy and welcome here,

Perhaps the teacher believes that she is meeting her IEP targets, and 'probably' wont need to see the resource teacher anymore?
But it is wrong to create this expectation of change for your daughter. Before the IEP meeting has been held and any changes discussed and agreed upon.

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Joined Feb 11, 2014
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Posted:Feb 11, 2014 8:35:17 PM

I think that you as the parent of the student should be contacted first in regards to your child’s placement in education. I know that they cannot legally make a decision to change her placement with our having a meeting with you and most likely the entire IEP team. I do have to agree with eoffg in saying that maybe they were trying to express how much progress your child has made. I think that the school does have a right to talk with your child about their education, however they cannot make any decisions without your consent. If you feel that you would like to have a meeting prior any annual IEP meeting you have the right to request an IEP meeting and meet. You also have the right to request that the teacher call you anytime they are considering changing anything and not talk with your daughter.

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