Special Education/Iep and other


In ny state do you have to sign an iep?
What if you never consented to it for a year but didn't file due process?
Is there another avenue
What if a parent can't afford due process without going into debt but doesn't want to consent to iep
Lastly if school board won't allow sibling of special needs child to attend same school
(There's plenty of space) in district but not same zone is there somewhere in state we can complain to
That this is arbitrary and capricious? Thanks in advance

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Hello, Bj, and thank you for asking an important question about consent!  One of my favorite topics, since it's so important.  Here is a link for you to the NYS procedural safeguards.  http://www.p12.nysed.gov/specialed/publications/psgn-cover-jan12.htm

In it, you will see that NY follows the federal law, IDEA for consent.  There are two times a parent has to provide written conssent:  1--before the school district provides ANY special education services for the FIRST time, and 2--before the school district conducts an assessment that is not typically given to children without disabilities.  

After the initial IEP, the parent does not have to give consent for the subsequent IEP to be implemented.  All subsequent IEPs are implemented, unless the parent files a request for a hearing (and sometimes mediation).  The congress said that the child has to stay put in the most recent agreed-upon placement under the most recently ageed-upon IEP, while the dispute was being solved.  

Your question is: What if the parent never consented, but did not request a hearing?  I would assume that the school district would argue that the parent lack of filing a request for a hearing would imply consent, but I am not an attorney.  I would refer you to an attorney for the question about other avenues.

A parent can revoke consent for special education and related services at any time.  This puts the child in the neighborhood school without any IEP.  Under those circumstances, there may be another plan called a 504 Plan that could be implemented.  



These links will help with the interrelationship between the 504 and IEP.  

It sounds to me that you should consult an attorney for your options because a good attorney will take a case on contingency because the attorney's fees will be paid for the prevailing party.  

You can contact a special education attorney at copaa.org.

Or, I am happy to conduct an IEP audit, where I inspect all your evidence and records and provide an expert analysis of the documents and situation.  

If the school team is changing the IEP over your objection, there are a few things you can do:
-Continue to provide documents and reports stating what your child needs
-Try a mediation (for information see this linkhttp://www.nysdra.org/?page=SpecialEd

-Consult an attorney for advice on a due process hearing.

As far as your last question, I believe the pupil personnel services worker should be able to tell you how to appeal this decision, but I am not aware of that process.  I have had clients appeal the decision to the local county and then state, but I would not feel comfortable as that seems like legal advice and I don't want to steer you in the wrong direction.  Thanks for understanding!  

If you would like to consult with me, I am at abc4success@msn.com or 301.593.5166.

Thank you again for reaching out to me.  I truly hope that my answers and information assist you as you advocate for your child!  

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Michelle R. Davis, M. Ed.


I can answer questions about disability definitions and criteria for services, the Individuals with Disabilities Education Act 2004, No Child Left Behind, 504 plans, how to craft an IEP that drives the appropriate services, school placement, dispute options, and least restrictive environment. I worked in the public school system as a special educator and am now in private consulting practice where we assist parents as they navigate the special education process. I have expertise in all educational disabilities except blind/visual impairments and deaf/hard of hearing. This includes ADHD and other health impairments, medical conditions, dyslexia and learning disabilities, Autism, emotional disabilities, language processing problems, and interfering behaviors.


10 years as special educator and administrator in public school system; Director of ABCs for Life Success since 1998; Expert services such as analysis and testimony; Author: Special Needs Advocacy Resource Book: What you can do now to advocate for your exceptional child's education; Special Needs Advocacy Training Institute; internet radio show Teach Your Children Well: Hot Topics in Education; author School Success for Kids with Emotional and Behavioral Disorders released March 2010 (Prufrock Press).

Masters in Special Education with Emphasis on Inclusive Education (Johns Hopkins University); B.S.in Special Education (James Madison University); Conduct training for Universities, public and private schools, parent groups. Adjunct professor current George Washington University and prior George Mason University.

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