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Special Education/consent to IEP change in service


Hi, I am having a problem with my school honoring agreements and when I ask to put anything in writing they say no. Meetings are key because I don't receive an IEP in a timely manner.
They don't send an IEP for weeks and I have so much to do and so much to read, that it becomes a burden.  Last year my son had X services. This year it was halved. The school's position was that I agreed to this reduction at the meeting. I did not. It was not even discussed. The only service that was discussed was speech which was increased to include group speech and we were told everything else would be the same. They had previously done a period a day of 1:1 which is not long. we have had no tutoring after school and did everything ourselves. Despite many kids having tutoring after school they said they were not obligated to provide this even though they acknowledged tutoring was for kids who didn't globalize certain skills and our son had not.  We thought the period of 1:1 was minute and didn't ask for more because we wanted our son to be a part of his class and we knew the 1:1 wouldn't be that good because they would choose the teacher who would be average.  

We didn't consent to the IEP but we stated as our reason that we felt the goals were outdated and they didn't want to change anything from the previous year.
Our question is, how does the school validate parental consent?
We were in no financial position to file due process. And we never thought they would cut our services. They pointed to no direct quote or statement from us. They speculated that we must have indicated somehow we were o.k. with it.  Any advice on how to resolve this? We have a document indicating our previous agreement (this was when someone else was in charge who was okay with signing a document AT meetings) for the IEP at the end of last year. Again, why would any parent consent to cut services, and when no progress was made the year before? I am trying to understand how consent is indicated. Thank you.


You need to file a Compliance Complaint with the New York State Education Department. Information about doing this is on their website. In this complaint, you will explain how the school district has failed to implement the IEP and how they have changed it without your approval.

All states have to offer this service. Once the complaint is filed, they will investigate and render a decision telling the school district what they have to do.

I wish you and your son all the best,

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Tim Runner


Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.


I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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