IEP changes without my knowledge

[sola_aqui]

My 5 year old son started kindergarden this year and he went from the following services: ABA, OT, Speech, and one on one para to only 1 hour a week for speech. The school he was in had their school pychologist do an evaluation on my son and he said that he didn't see any signs of Autism in my son only a speech delay. Now his teacher called me yesterday and told me to call the principal and request an emergency PPT because my son was not doing well in his class. I'm really upset about this whole situation but I am trying not to let my emotions get in the way. I came here today to ask for any advice or comments anyone can give me. I want to be able to advocate for my son in the most effective way possible. Thanks in advance!

[Lisa S]

Wrightslaw is a good place to start.

http://www.wrightslaw.com/

Here is some general information that may help your advocacy effort:

http://www.wrightslaw.com/info/advo.do.dont.margolis.htm

Parent Advocacy: What You Should Do . . . and Not Do

by Leslie Seid Margolis, Esq.

What Parents Should Do

1. Prepare for Meetings

You should treat the IEP meeting as if it is the first step towards a due process hearing by preparing for the meeting and building a record. If you do this, you make it less likely that you will end up at a due process hearing. If you do end up at a hearing, you will be in a stronger position.

2. Prioritize Your Child's Needs

Everything you want for your child is not equally important. Make a list of what your child really needs, what you want for your child (but may be willing to compromise on), and what would be nice to have but that you would definitely be willing to give up.

Think about the evidence you have to support each requested item (i.e., reports, assessments, experts, other documents). If you prioritize your issues and have facts and evidence that support what you want, it is more likely that you will be taken seriously.

3. Build Good Relationships

Develop positive relationships with school personnel, to the greatest extent possible. Ask questions. Ask your child's team to explain things you do not understand.

Take the high road. As hard as this may be to do, being polite and courteous is always better than being rude and nasty. If a meeting is deteriorating with nasty comments or behavior from any team member, ask for a break or ask that the meeting be continued to a later date and time.

Good relationships with school personnel and central office staff to the extent possible, will generally ensure that issues you bring up will be taken seriously.

4. Document Issues & Concerns

Ask that items and issues you feel strongly about be documented in the meeting summary or notes. Review the summary before you leave the meeting. Know your rights about amending your child’s records.

5. Use Advocacy Strategies

Use advocacy strategies. Meetings do not have to be drawn out to the point of battle. For example, if the team cannot reach an agreement about the type or amount of service, suggest that the issue be tabled in order to obtain additional information from consultatation or conversation(s) between your child’s private therapist (if there is one) and the school therapist.

Rather than immediately asking for an independent assessment, disputes can sometimes be resolved by asking that an assessment be conducted by a school district evalutor who does not know your child.

What Parents Should Not Do

1. Complain Loudly & Often

Parents should not complain about every issue that comes up over the course of their child’s school life. This is the equivalent of crying wolf, and ensures that when a serious issue does arise, you will not be taken seriously. This is because you are expending the same amount of complaint energy on the serious issue as you expended on trivial issues.

2. Assume the Worst

Parents should not assume that the school district is out to get their child and deny services. While the reality is that the school district is a bureaucracy with its own interests to protect, most individuals in the district enter the field because they care about children.

While you need to enter the special education process with knowledge to protect your child’s rights, you should treat the professionals with whom you deal as if those professionals have your child’s best interests at heart.

3. Have a Closed Mind

You need to be have an open mind at at IEP meetings. If your child's team proposes a placement with which you disagree, do not dismiss it, or refuse to observe it, or refuse to consider it. This is especially true if you may challenge the appropriateness of the proposed placement.

Again, the IEP meeting is important for record-building purposes. If the case goes to a due process hearing, it is important that you present as a cooperative person who thoughtfully considered the team’s program, personally observed the program, and can explain why you believe the program does not meet your child’s needs.

4. Stint on Experts

Do not try to save money by stinting on experts. You need to find experts who can provide sound professional opinions and evidence. Experts are critical to successful cases, especially if parents are unrepresented.

If you truly cannot find experts, either through your children’s medical service providers or otherwise, you need to think about how to use supportive (or even hostile) school personnel to your advantage

It is good that your son's teacher is on your and your son's side in this. Specifically, how do you know that your son has autism? You will probably need to document this for the team, so when this school psychologist says he does not have autism, you can counter it with better evidence. What sort of evidence was his preschool using to justify the services he was getting then? Could you get some documentation from them? Did the kindergarten notify you that they were reducing his services to this level? Can you afford a visit to a special education attorney?

[sola_aqui]

My son was diagnosed in June 2003 by two separate doctors. One said Autism and the other said PDD-NOS. I have the paper work to back this up and the school has seen it. So when he first started school he received as services the following: special ed teacher, ABA, OT, speech, transportation. He did well in Pre-k with these services. Then when the school phycologist evaluated my son he said that my son was speech impaired and showed no signs of Autism. He said speech impaired based on his eval and what his teachers in Pre-k reported.





Wrightslaw is a good place to start.

http://www.wrightslaw.com/

Here is some general information that may help your advocacy effort:

http://www.wrightslaw.com/info/advo.do.dont.margolis.htm



It is good that your son's teacher is on your and your son's side in this. Specifically, how do you know that your son has autism? You will probably need to document this for the team, so when this school psychologist says he does not have autism, you can counter it with better evidence. What sort of evidence was his preschool using to justify the services he was getting then? Could you get some documentation from them? Did the kindergarten notify you that they were reducing his services to this level? Can you afford a visit to a special education attorney?

[mlwear]

My 5 year old son started kindergarden this year and he went from the following services: ABA, OT, Speech, and one on one para to only 1 hour a week for speech. The school he was in had their school pychologist do an evaluation on my son and he said that he didn't see any signs of Autism in my son only a speech delay. Now his teacher called me yesterday and told me to call the principal and request an emergency PPT because my son was not doing well in his class. I'm really upset about this whole situation but I am trying not to let my emotions get in the way. I came here today to ask for any advice or comments anyone can give me. I want to be able to advocate for my son in the most effective way possible. Thanks in advance!

I'm assuming from your thread title that your son had those services documented into an IEP. Right? Then, the school unilaterally decided most of those services were not warranted? Do I understand this correctly? If so, they are non=compliance with his IEP. Before a meeting, I would notifiy all in the IEP team that if he is being denied services that are outlined and approved in his IEP that they are in non-compliance. That in itself may do the trick (I have always found that to be true for me as the schools don't want to go through a complaint, mediation, due process, etc.) If it doesn't, you can go to your State Dept. of Ed. and write a letter of compliant giving the details that demonstrate noncompliance. You can also do this at the school. (This is all from my memory, you should look at your state regs. or as Lisa wrote search on wrightslaw. com).
I did find this information that you may want to examine

Slide 23: IEP Amendments without a Meeting
After the annual IEP is developed, the parent and principal may agree not to hold a meeting and instead develop a written document to amend or modify the IEP.
Slide 24: IEP Amendments without a Meeting (cont)
Making amendments without meeting should be utilized only to make minor adjustments to the IEP.
A revised copy of the IEP, with the amendments incorporated will be given to the parents.
Slide 25: IEP Amendments without a Meeting (cont.)
The consent to amend an IEP without a meeting must be in writing.
All IEP team members must be informed and provide input as appropriate.
Amendments will be documented on a Prior Written Notice (PWN)
Upon agreement, amendments will be incorporated into the IEP and a copy of the revised IEP provided to the parent.
---taken from http://165.248.6.166/doeweb2/sped_idea2004/IDEA_7.05.htm
There is a good bit of information available on the web if you google "removal of IEP services without parental consent" and variations of that subject. Just be sure the info is from IDEA 2004 and not earlier as changes were made then.

Also, did you sign for consent of the evaluation by the school psychologist? They do need your approval for evaluations.

I am not a legal expert and my advice should not be taken or used as such. I'm "just" a mom that has to fight for my son's rights, too. :)

[SDC teacher]

not a legal expert either but yes you must sign for the eval. and if the services are documented in an IEP they are binding until you sign otherwise. You also have the right to an outside assessment at no cost. Read over you parent rights that the school must distribute to you at least once per year according to IDEA. Usually they provide them at the IEP meeting. You also have the right to request them if you do not have them. You have the right to request an IEP at anytime in writing and the right to bring an advocate with you. This may not be necessary usually by speaking with the teacher thay do want to work with you rather than against but believe me as a parent of a child with spina bifida I know this is not always the case!