Expert: Tim Runner - 2/19/2009

Question
QUESTION: my 17 yr old non verbal autistic son is being pulled from 8yrs private aba placement to public school. the school has yet to give me a specific transition plan Feb.18 but he is expected to return to public school mar 1. only thing i have heard is first week 2 days public school, 3 days at private. 2nd & 3rd week 3 days public, 2 days private. I am trying to explain to them that this is not an appropriate transition plan. can you define transition plan in this instance where i can explain to them. thanks,

ANSWER: Giving you a transition plan is not enough, the school has to hold an IEP stating the new placement and the transition plan. You have the right to not sign this IEP, or sign it saying you disagree with the change in placement and transition plan, but that you agree with the rest of the plan. Under the concept of "Stay Put" the school has to continue the placement and services stated in the last signed IEP. However, they can decide to file for Due Process against you. In this hearing they would have to prove why your son's placement should be changed and how the new proposed placement will better meet his unique needs. If they file against you, I recommend that you retain the services of an education advocate to fight your side of the case. I represent clients in Due Process Hearings all over the country. But parents that don't have representation typically loose in these hearings because they are fighting seasoned advocates representing the school districts. Visit my website to learn more about Due Process Hearings.

I wish you and your son the best,
Tim Runner, Education Advocate
You can learn more at my web site:
www.special-education-answers.com
www.education-advocates.com (for DSL and phone)


---------- FOLLOW-UP ----------

QUESTION: Thank you so much for your reply. just one more quick question. if i don't sign the proposed iep. do they legally have to use the iep in place(the one from the private school does not expire until 10/2009)? or do they use the one i didn't sign anyway.

Answer
If you don't sign a proposed IEP, the school has to use the last IEP that was signed by you until a new IEP is accepted and signed by you. It does not matter at what school this IEP was developed. The old IEP does not expire until a new one is signed by you or until a Due Process Hearing judge rules that the new one must be followed. The school can not implement a new IEP on their own. My web site also has information about IEP's.

I wish you and your son the best,
Tim Runner, Education Advocate
You can learn more at my web site:
www.special-education-answers.com
www.education-advocates.com (for DSL and phone)

I answered this question in the previous answer. The IEP in place remains the one you last signed -- it does not expire and it doesn't matter that it was done at the private shcool. They can not use an IEP not signed by you unless a judge holds a hearing and orders this to be done.

If you need more help, please contact me by phone at 949-582-3601 and pay for my services. I make my living representing parents and students. Therefore, I can't continue giving you free help. Sorry!