Expert: Tim Runner - 9/10/2011

Question
Dear Mr. Runner,

My son is autistic and is in 8th grade in middle school special needs program.  In June, 2011, we signed an IEP that's end date is June 2012.

My son has been in school 2 weeks of this new school year and I just received a form that says the school wants to "develop a new IEP".

Last year, in addition to my son's current special education teacher, a new teacher was hired that worked with the class on a limited basis.  I was told that things would remain the same this year, but that she would be handling the IEP and my son's transition to high school.  This new teacher was at the IEP meeting in June, and signed the IEP, under "regular education teacher" along with his current special ed teacher, and his speech therapist.  

Now, this same new teacher sent me a form requesting a new IEP, and a new speech therapist was also listed on the form to attend.  The special education teacher, who is still teaching my child, (the one that I worked with on the June IEP) was not invited.

I am not quite sure what type of changes they might want to make, and I want to have an open mind.  However, a lot of time and effort on my part was put into the June IEP, and I was happy with it's outcome.  

Unfortunately, almost the exact same scenario happened in elementary school, and I allowed this new teacher to completely rewrite an IEP when she didn't really know him very well.  Long story short, he did not make progress that year, so I'm a bit defensive that the same situation is happening again.

My question is, can the school legally rewrite an IEP (one that was good for another 10 months) because changes in staffing?

Thanks very much.
Missy


Answer
-- Missy,

Both the school and the parents can call for an IEP Team Meeting at any time. It just has to be scheduled at a time that is convenient to the parents. But, and this is a big one, you do not have to accept the new IEP that is developed by the Team. As a member of the IEP Team you must be allowed to make input, but your requests for placement and services don't have to be included in the draft IEP. When you are presented with an IEP to sign you have three choices:
1. You can sign that you accept the IEP making it the legally binding document.
2. You can sign "for attendance only" making the new IEP null and void. This keeps in place the last IEP signed by the parents.
3. You can sign for parts of the IEP, but not all of it. For example, you can say, "I agree with all of the IEP except for the elimination of an one-to-one aide." This makes all of the new IEP the legal document except for what it says about the aide, and the aide services continue as directed in the last signed IEP. Most parents don't realize they have, in essence, a line item veto for everything in the proposed IEP.

These powers give you a great deal of authority in the IEP Team Meeting and should put your mind at ease concerning the school not being able to change the IEP on their own. If you find something in your existing IEP that is not working, you can always call for a new IEP Team Meeting, but you have to get the school members of the IEP Team to go along with your proposed changes.

I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@gmail.com
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com