non compliance with IEP

Christine - posted on 09/11/2011 ( 12 moms have responded )

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How can I get my sons school to comply with the IEP stating he is to be mainstreamed 63% of the day and they are currently not doing that. Furthermore his new teacher wants to get rid of all mainstreaming for him. I have called an emergency IEP but no calls back yet. Thanks!

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Rebecca - posted on 09/12/2011

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What state are you in? Try looking in your states Department of Education website. It should have some guidelines for you. If you don't find any help there then I would find one of 2 people, A.) An EXCELLENT educational advocate and/or B.) an attorney that specializes in the area of education.
Here is a website that might also help you, http://idea.ed.gov/

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Dawn - posted on 09/19/2011

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Is he in a co-taught class? Do you have co-taughts in your school? Remind the teachers that it is a federal mandate that the IEP be followed... and that non-compliance of a school or school district can result in loss of federal funding to them... and the teacher can get in trouble as well.
I have found that going to the school to request meetings is much more effective than playing phone tag. I get what I want right then and they know that I am serious and will keep showing up until I am happy with the results.

Christine - posted on 09/19/2011

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they are still not mainstreaming him so now the program director is going to talk to the principal again and the teacher again!

Sonja - posted on 09/18/2011

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is the problem the mainstream teacher for his inclusion classes, perhaps? We had that issue once--our special ed teacher wouldn't take our son to inclusion classes because the mainstream teacher didn't want to "deal" with him. We brought in an attorney and all was settled. Good luck.

Christine - posted on 09/17/2011

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the district program specialist talked to me and said he will be mainstreamed but the teacher seems to still be fighting me!

Suzanne - posted on 09/14/2011

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You might want to check with your local autism group, there should be advocates in your area that you can take to the IEP. Sometimes they will even provide for a lawyer.

Kim - posted on 09/13/2011

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They have to comply with the current IEP... document everything... try to get them to put in writing that they don't intend to follow the current IEP. Let them know you are documenting everything, even making notes in front of them. Contact the State Board of Education and file a complaint. As was previously suggested, get an advocate and possibly an attorney. If they are found to have violated the IEP, they can be required to provide him with compensory time in the Gen ED classroom.

Christine - posted on 09/13/2011

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the IEP is set for oct. 4th, is there any way I can make the school mainstream him until this is settled?

Connie - posted on 09/13/2011

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We can't change the past for our daughter's educational years; she had various therapists at school, but because she had only been diagnosed with low IQ and Tourette Syndrome, none of the therapists or their therapy were tailored to ASD; ASD appears in this day and age to be much more treatable unlike treating low IQ or Tourette. Good luck and stick with it

Christine - posted on 09/12/2011

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I live in California. Emergency IEPS take up to 30 days and my son is losing valuable mainstreaming time

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