Friday, February 12, 2010

Legal Question


A teacher I know discovered an ISS student sitting in his mainstream class with an IEP that clearly did not include any main steam classes. The teacher investigated the situation, found out the child was misplaced and insisted the child be removed. The school complied by altering the IEP to allow mainstreaming in this particular area. Is this legal? And, more importantly, is it morally correct to place a student in a class she is not prepared to pass and quite possibly incapable of understanding? Who is allowed to make these decisions?

8 comments:

Anonymous said...

This issue should be reported to the State. You are not allowed to change an IEP after a parent signs it unless another meeting is held.

Ricochet said...

Did the parents sign off on this? Do they know their legal rights? They are the ones (down here) who would have to pursue this illegal shenanigan (can you have a single shenanigan?). We hand the parents a document with their legal rights.

Most parents ar overwhelmed by the process. I have had non-conversations where I explain off the record what they need to do for their child. I wish someone had advised me to be the squeeky wheel for my own child.

I have our document in a pdf (I think) if you need it. Most of the rights are federal.

Anonymous said...

My understanding as a special ed teacher in New Mexico is there had to be an IEP meeting and the individuals who were there, which should include teachers and parent s and the kid, have to come to agreement as to whether the placement is correct. It is not just up to the kid and the teacher involved should have had some input.

Anonymous said...

What they did was illegal. Please call Carmen Alvarez, UFT Vice President of Special Education, and let her know what was done immediately.

Give Carmen the student's OSIS number and explain to her that the student's IEP was changed to meet the needs of the school and NOT the student's needs.

Trust me. Carmen will come down hard on them.

Anonymous said...

Be careful! The IEP could have been in error in the first place and now the error was caught.

Pissed Off said...

Nothing to be careful about. If the IEP was an error, whoeve caught it should be commended. Everyone is entitled to a mistake as long as corrections are made.

mathematicamama said...

I don't think the school was complying. I think they were circumventing. I hope the situation gets fixed.

Sonja said...

There is an "amendment" process where they could have simply called the parent and received verbal permission to amend the IEP without having the full meeting with all the members. However, this does not exempt them from having the annual, full review. But - I do think it was a scheduling error and they chose the easy way out - fix the IEP and not the schedule - much to the detriment of the student.