We filed a due process petition because my daughter's IEP was terminated when myself and her advocate did not agree with the findings of the rest of the IEP team. I am now being told that if the majortiy of the team agrees it doesn't matter what I or her Advocate wants they can pull the IEP. I always thought that the whole team had to be in agreement. I have looked through the IDEA laws and cannot find anywhere where this is address. If anyone knows where I can find a law that backs myself and her advocate would you please let me know.
ljbaeten, please post your question on www.millermom.proboards107.com ~ there are several parents on that forum who have strong legal backgrounds and I'm sure they can help you; my understand is the same as yours, and they can't discontinue an IEP without team agreement, and you are an equal member of the team.18763
The IEP consisted of myself, her advocate (who also tutors her with the Wilson Language Program, which is designed to help people with Dyslexia) the Associate Principal (who is the LEA Rep), her Language Arts teacher and her Resource Teacher. She is on a consultative IEP so she receives no specialized learning she was only meeting with her Resource teacher once a week to discuss any stuggles she was having and what was going on in her classes and any test grades or other grades she received that week.
We will do the private testing if need be, in fact that was how she was first diagnosised. I have been working with her consuler (outside of the school) to find the best place to take her, espically if we can find someone who specializes in Dyslexia testing. I do know if we have her privately tested they have to accept the findings of that testing, it jsut a frustrating process. The consistantly cite her good grades as a reason that she no longer qualifies but what they refuse to look at is the fact that she works with a tutor twice a week and has to work a lot harder than other kids to make those grades. It seems they only want to say a child has a learning disablity is if they are failing or are a behavorial issue in the classroom. We will just have to let the due prcess go it's course and do the private testing is need be. Thanks for your response it helps.
ljbaeten, they only have to "consider," NOT accept the findings of an outside evaluation. It's getting more difficult, what with RTI, for bright students who meet grade level requirements, to qualify for special ed. Since your daughter is already "in" it, they would still have to show she's been "remediated" and is now performing at an average range. Of course, "average" to schools is 25th-75th percentile, and a student at the 25th percentile, with an IQ of 99th percentile, obviously has something "not right" but since the discrepancy formula is no longer being used by most school districts, the bright kids with LDs ARE being "left behind" inspite of NCLB!18761
You should have received the "Parents Right to Know" brochure from the school at the beginning of the school year. It explains your rights as a parent of a child on an IEP. It also explains the appeal process is denied. You should be able to find an address or phone number on that. You could also contact the superintendent to get the information or your state website for education. Best of Luck to you.18760
Federal Law States that a parent is equal in an IEP. If your child has been terminated, you have a right to another evaluation of your child. The school must provide this for you however, I would recommend that you do this on your own outside of school and have the findings brought back to the IEP team. The book by Peter W D Wright & Pamela Darr Wright called Wrightslaw - Special Education Law 2nd edition should have all the information you are looking for. Good Luck & Keep in touch18759
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