IEP request refused

[Still_Learning]

This is all so complicated. What is boils down to though is that the school says they can't do an IEP eval until my son is a student at the school. He'll be entering Kindergarten this fall, so will have to go into Kindergarten without services in place.

how do you get an IEP for a student before kindergarten starts?

[AllyRae]

They are wrong. By federal law, any child over 3 years old who meets criteria can get an IEP with services. My son's had one since he was 3, and at 3 & 4 he was homeschooled, and at 5-6 he attends a private school outside of the district he has an IEP in.

Preschoolers can get IEPs (they are different IEPs than kindergarten, but they are still IEPs none-the-less...they are quite a bit different than the Birth-3 family service plans). You might want to check with your local special needs preschool to find out the protocol, but it is a very common thing to have... Your birth-3 early intervention services (if you used them) should have offered to do a transitional meeting for you to move from the IFSP to the IEP.

[AllyRae]

Oh, and you can get an MFE without having to go through the district too. We always have our MFEs done by Brandon's private providers (psychologist, OT, and his private school teachers) and then have that brought to the public district that does his IEP because the public district doesn't know him and I don't feel an appropriate MFE can be done. The district has always honored that request (as they should...it saved them money since our insurance paid for it. : )

[SpottedFoxx]

What Alley said. If they continue to refuse - you may have to get an advocate or attorney involved.

[Drummer's Wife]

Weird. I have a DS starting Kindergarten in the fall and we just got his IEP set up (to last the next 3 years) but, he is in pre-k this year (at a different school). Are you going through child find? It's who we had him evaluated with before he started pre-k, and at the time they decided he didn't need special services, but re-evaluated him every couple of months.

I hope you can get it set up before kindergarten - b/c otherwise it could take until the end of the year to start the therapy he needs.

[KatWrangler]

They are wrong. Gabrielle is 4 and has an IEP and has had it since she was a little over 3. She is in preschool though.

I was told it would be re-evaluated late spring prior to going to Kindergarten.

[MotherWhimsey]

Linden's 3 and has an IEP. In fact, we had his IEP meeting before he turned 3 so that we had it all taken care of before transition. I think he turned 3 the week after his IEP meeting. We had to have that and all the paper work before he turned 3.

[Still_Learning]

To complicate matters, we're not in the district right now, we're moving there on the 16th.

Registration is the 6th, school's out for summer the 28th. I can't see how they'll be able to get the iep done by the 28th at this point.

[khaoskat]

Originally Posted by Still_Learning

This is all so complicated. What is boils down to though is that the school says they can't do an IEP eval until my son is a student at the school. He'll be entering Kindergarten this fall, so will have to go into Kindergarten without services in place.

how do you get an IEP for a student before kindergarten starts?

I would point them to the Child Find Law Provisions in IDEA and its amendments. They are required to test any child at 3 years of age who appears to have a developmental delay or disability. It is through the school district, so it is the district that has to do the testing.

I am not sure what state you are in, but many states you can contact the Department of Education and file a complaint and there are other organizations out there to assist parents against the system.

check out Wrights Law.com for more information.

[khaoskat]

Originally Posted by Still_Learning

To complicate matters, we're not in the district right now, we're moving there on the 16th.

Registration is the 6th, school's out for summer the 28th. I can't see how they'll be able to get the iep done by the 28th at this point.

If your child is currently on an IEP from another school district, your current one, they are required to provide services under it, until the evaluation is completed...

[Aridel]

If you put the request in writing now, you'll be in place to have the assessments done at the very start of the school year. Like a PP said, if he has an IEP now, they have to follow it in your new district until they test him. By the time you move to town, it will be too late to require an assessment/IEP meeting for this year, since they have 30 school days to test and 45 for the meeting. I don't think they have to test until you're in town, even if they know you're coming. This isn't an age issue, it's a residency issue, at least as far as the law goes.

You may have the put a request in writing again after moving, and I would as soon as you're in the new place.

[Still_Learning]

Thanks everyone. He doesn't currently have an IEP as he's not in school and was just diagnosed in March.

Looks like he's in for starting school without one due to the move.

[Guinevere]

Originally Posted by Still_Learning

To complicate matters, we're not in the district right now, we're moving there on the 16th.

Registration is the 6th, school's out for summer the 28th. I can't see how they'll be able to get the iep done by the 28th at this point.

Originally Posted by khaoskat

If your child is currently on an IEP from another school district, your current one, they are required to provide services under it, until the evaluation is completed...

Moreover, IEPs can and do happen during the summer -- my DD's transition IEP meeting was at the end of June last year, so whether school's out or not shouldn't be a dealbreaker. If they claim they have no one to perfom the evals, then you can either get them from your child's current therapy providers, or you might even be able to bill the school district for getting independent evals (need to check my wrightslaw book on that one.)

Is your child currently receiving services of any kind where you live? Has he ever been evaluated prior to this?

Guin

[mrsfatty]

They may not be able to help you until you are in their school district--but that shouldn't stop them from scheduling after your move--like the day after--so they can evaluate your child before school year's end.

That's what we just did for my son--we moved the beginning of april had the eval in our home the first monday after we moved (boxes everywhere) and had the full-team eval right away after that...and they won't have services for him now or over the summer--but he will have services for the school year. He had referral from the school district we lived in before our new school district (we did his early childhood screening--which is required by law in my state for kindergarten entry--in our old school district and then all that transferred to our new school district--that he needed a special eval).

[Linda on the move]

Originally Posted by Still_Learning

Thanks everyone. He doesn't currently have an IEP as he's not in school and was just diagnosed in March.

Originally Posted by Guinevere

Moreover, IEPs can and do happen during the summer -- my DD's transition IEP meeting was at the end of June last year, so whether school's out or not shouldn't be a dealbreaker. If they claim they have no one to perfom the evals

he already has an eval, so it's just the meeting.

I would think that schools ability to do the meeting during the summer would really vary -- you have to have so many staff members there.

What accommodations are you asking for in the IEP meeting?

many schools like to put them off with new students so they can see what the student needs and get feedback from the teacher about what might work.

[Aridel]

Originally Posted by Linda on the move

he already has an eval, so it's just the meeting.

I would think that schools ability to do the meeting during the summer would really vary -- you have to have so many staff members there.

What accommodations are you asking for in the IEP meeting?

many schools like to put them off with new students so they can see what the student needs and get feedback from the teacher about what might work.

The school will likely do their own testing too - they don't have to write accommodations and goals based on private evals, they just have to take those results into consideration when designing a plan.

There are schools that will schedule so that everything can be set up right after you move - but I don't think their clock starts ticking until you are a legal resident. At this point in the year that means their time won't run out before summer break, and they can test next year.

Moving is a ton of stress even without a SN kiddo transitioning to Kindergarten! OP, best of luck with the move, and keep us updated!

[Linda on the move]

Originally Posted by Aridel

The school will likely do their own testing too - they don't have to write accommodations and goals based on private evals, they just have to take those results into consideration when designing a plan.

this must vary with location. Our school LOVES private evals. It saves them money. (The state is behind on payments, there's wait list for testing, etc.)

I don't think their clock starts ticking until you are a legal resident. At this point in the year that means their time won't run out before summer break, and they can test next year.

agreed.

What is the child's dx?

[Aridel]

Originally Posted by Linda on the move

this must vary with location. Our school LOVES private evals. It saves them money. (The state is behind on payments, there's wait list for testing, etc.)

Well, the testing to get a diagnosis isn't done by the school, but the testing as far as academic functioning, social language, OT needs etc. is typically done by the school around here. Partly since most private places focus on things a little differently than schools do, but also since that allows them to make their own recommendations (maybe less intense services, maybe different type of support etc) and they definitely don't want to write a whole IEP for a child they've never met.

[khaoskat]

My recommendation at this point in time is to contact your current school district and put into writing that you would like an MFE done for the purposes of obtaining an IEP/504 plan. Your current school district may be able to get it done quickly. I would just be up front with them, in that you just got the diagnosis.

I am not sure how far a move you will be/are making...but I wouldn't let them know 100% you are moving until you are 100% sure and have a house/home/place to stay in your new area.

If you get it done now, before moving, then they will have to honor it this fall, by law.

And, school districts must do IEP's during the summer. If the school offers summer school, it is in session and I believe those days would count towards the request time frame.

[Still_Learning]

His dx is Asperger's.

We're moving in two weeks, I can't see our current district getting it done before that. This school doesn't have summer programs, so probably won't be able to do it during the summer.

I'll just fight like a mad womam to get things moving in the 2 weeks beore school's out. ha. (Yes, I realize that's crazy)