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Seems no matter which AGENCY in the State of Florida accepting Federal Funds...our children with Down syndrome are the ones being denied & discriminated at every level of government!!!
We are experiencing the Civil Rights Movement of ADA & IDEA in 2013 right now.
Every Agency needs to be held accountable for their Actions against people! The Discrimination & Segregation need to end!!
*This absolutely may very well be true in other States with any and all other persons with Disabilities.
Do you find this to be true? What State are you from?
I have a daughter with Down syndrome and I live in the State of Florida.
Individualized Education Program (IEP),
Team Meetings and Changes to the IEP
U.S. Department of Education, Office of Special Education
IDEA Regulations
INDIVIDUALIZED EDUCATION PROGRAM (IEP) TEAM MEETINGS AND CHANGES TO THE IEP
(See also Individualized Education Program (IEP) and Secondary Transition)
The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. The provisions of the act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher” that took effect upon the signing of the act. The final regulations were published on Aug. 14, 2006. This is one in a series of documents, prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education that covers a variety of high-interest topics and brings together the regulatory requirements related to those topics to support constituents in preparing to implement the new regulations.1 This document addresses significant changes in final regulatory requirements from preexisting regulations regarding IEP Team meetings and changes to the IEP.
IDEA Regulations
1. Identify the members of the IEP Team.
The public agency must ensure that the IEP Team for each child with a disability includes:
• The parents of the child;
• Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
• Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
• A representative of the public agency (who has certain specific knowledge and qualifications);
• An individual who can interpret the instructional implications of evaluation results and who may also be one of the other listed members;
• At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
• Whenever appropriate, the child with a disability.
In accordance with 34 CFR 300.321(a)(7), the public agency must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under 34 CFR 300.320(b).
[34 CFR 300.321(a) and (b)(1)] [20 U.S.C. 1414(d)(1)(B)]
2. Identify instances when an IEP Team member may not need to attend.
A member of the IEP Team described in 34 CFR 300.321(a)(2) through (a)(5) is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.
A member of the IEP Team described in 34 CFR 300.321(a)(2) through (a)(5) may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if:
• The parent, in writing, and the public agency consent to the excusal; and
• The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.
[34 CFR 300.321(e)] [20 U.S.C. 1414(d)(1)(C)]
3. Provide for inviting representatives from the Part C system.
In the case of a child who was previously served under Part C of the IDEA, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.
[34 CFR 300.321(f)] [20 U.S.C. 1414(d)(1)(D)]
4. Require that the notice inform parents of other IEP Team participants.
The notice required under 34 CFR 300.322(a)(1) (regarding an IEP meeting), among other things, must inform the parents of the provisions in 34 CFR 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and 34 CFR 300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the IDEA).
[34 CFR 300.322(b)(1)]
5. Revise requirements for when transition content must be included in an IEP meeting notice.
For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice required under 34 CFR 300.322(a)(1) (regarding an IEP meeting), among other things, must:
• Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with 34 CFR 300.320(b) and that the agency will invite the student; and
• Identify any other agency that will be invited to send a representative.
[34 CFR 300.322(b)(2)]
6. Set forth provisions regarding consideration of Individualized Family Services Plans (IFSPs) for children aged three through five.
In the case of a child with a disability aged three through five (or, at the discretion of the State educational agency (SEA), a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the IDEA and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under 34 CFR 300.323 who are at least three years of age), and that is developed in accordance with the IEP procedures under Part B.
The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is consistent with State policy and agreed to by the agency and the child’s parents.
In implementing these IFSP provisions, the public agency must provide to the child’s parents, a detailed explanation of the differences between an IFSP and an IEP. If the parents choose an IFSP, the public agency must obtain written informed consent from the parents.
[34 CFR 300.323(b)] [20 U.S.C. 1414(d)(2)(B)]
7. Require that the IEP be accessible to teachers and others responsible for its implementation.
Each public agency must ensure that:
• The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and
• Each teacher and provider described in this provision, is informed of his or her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
[34 CFR 300.323(d)]
8. Address the IEP for a student who transfers to a different school district in the state.
If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide a free appropriate public education (FAPE) to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either adopts the child’s IEP from the previous public agency, or develops, adopts, and implements a new IEP that meets the applicable requirements in 34 CFR 300.320 through 300.324.
[34 CFR 300.323(e)] [20 U.S.C. 1414(d)(2)(C)(i)(I)]
9. Address the IEP for a student who transfers from another state.
If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency conducts an evaluation pursuant to 34 CFR 300.304 through 300.306 (if determined to be necessary by the new public agency) and develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 34 CFR 300.320 through 300.324.
[34 CFR 300.323(f)] [20 U.S.C. 1414(d)(2)(C)(i)(II)]
10. Address transmittal of records for students who transfer.
To facilitate the transition for a child described in 34 CFR 300.323(e) and (f) (who transfers within the State or from another State), the new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2) (Family Education Rights and Privacy Act (FERPA)) and the previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.
[34 CFR 300.323(g)] [20 U.S.C. 1414(d)(2)(C)(ii)]
11. Add a new provision for AMENDING the IEP without another meeting.
In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.
If changes are made to the child’s IEP in accordance with 34 CFR 300.324(a)(4)(i), the public agency must ensure that the child’s IEP Team is informed of those changes.
[34 CFR 300.324(a)(4)] [20 U.S.C. 1414(d)(3)(D)]
Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in 34 CFR 300.324(a)(4), by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.
[34 CFR 300.324(a)(6)] [20 U.S.C. 1414(d)(3)(F)]
12. Encourage consolidation of IEP meetings.
To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.
[34 CFR 300.324(a)(5)] [20 U.S.C. 1414(d)(3)(E)]
13. Provide for the review and, as appropriate, revision of the IEP.
Each public agency must ensure that, the IEP Team reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved and revises the IEP, as appropriate, to address:
• Any lack of expected progress toward the annual goals and in the general education curriculum, if appropriate;
• The results of any reevaluation;
• Information about the child provided to, or by, the parents, as described under 34 CFR 300.305(a)(2) (related to evaluations and reevaluations);
• The child’s anticipated needs; or
• Other matters.
In conducting a review of the child’s IEP, the IEP Team must consider the special factors described in 34 CFR 300.324(a)(2) (development of the IEP).
A regular education teacher of the child, as a member of the IEP Team, must, consistent with 34 CFR 300.324(a)(3) (participation of regular teacher in development of the IEP), participate in the review and revision of the IEP of the child.
[34 CFR 300.324(b)] [20 U.S.C. 1414(d)(4)]
14. Authorize alternative means of meeting participation.
When conducting IEP Team meetings and placement meetings pursuant to subparts D and E of Part 300, and carrying out administrative matters under section 615 of the IDEA (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and a public agency may agree to use alternative means of meeting participation, such as video conferences and conference calls.
[34 CFR 300.328] [20 U.S.C. 1414(f)]
1 Topics in this series include: Alignment With the No Child Left Behind (NCLB) Act; Changes in Initial Evaluation and Reevaluation; Children Enrolled by Their Parents in Private Schools; Discipline; Disproportionality and Overidentification; Early Intervening Services; Highly Qualified Teachers; Identification of Specific Learning Disabilities; Individualized Education Program (IEP) Team Meetings and Changes to the IEP; Individualized Education Program (IEP); Local Funding; Monitoring, Technical Assistance and Enforcement; National Instructional Materials Accessibility Standard (NIMAS); Part C Amendments in IDEA 2004; Part C Option: Age 3 to Kindergarten Age; Procedural Safeguards: Surrogates, Notice and Consent; Procedural Safeguards: Mediation; Procedural Safeguards: Resolution Meetings and Due Process Hearings; Secondary Transition; State Complaint Procedures; State Funding; and Statewide and Districtwide Assessments. Documents are available on the IDEA Web site at: http://IDEA.ed.gov.
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalBrief%2C9%2C
How long can a DRAFT of an Annual IEP be left OPEN in the EzIEP system? If an IEP team in Broward has not set up enough time to hold an effective collaborative ANNUAL Transition into Kindergarten IEP for a student, especially a student with significant physical needs entering Kindergarten in the Fall ....does that mean the students IEP is just an "open" document in Draft form over the entire summer or does that mean the required Annual Date of completing the Annual IEP is now out of compliance? ....again...just askin.....any Special Ed lawyers out there? Please comment and let's open this for rich discussion.
What is with BROWARD ESE DEPARTMENT and pushing their agenda to do what is now being called, "BEST PRACTICES" ~ not a real policy in writing anywhere.....but a 'suggested best practice' ~ if your child's ANNUAL IEP is November 1st or before Nov. 1st, it is suggested...oops I mean it is being FORCED on you that you WILL HAVE TO HAVE AN ANNUAL IEP in May before your child matriculates into the next school level, as my daughter Mariah is going on into the 6th grade to Middle School!
.......but what about the fact in writing that I have been REQUESTING AN INTERiM IEP since like March maybe even late Feb~ yes in many written emails to several of my need and my request to have an interim....all fell on deaf ears or wasn't considered because there was never a RESPONSE to my requesting an interim. With no communication pertaining to when a meeting time would be scheduled ~ NOW TODAY I am all set to have my much awaited interim iep meeting......I have waited long enough! With 5 1/2 school days left of this school year ~ I was all set to have a good meeting with her IEP Team! The time for me to have my meeting today was very accommodating to have it start at 9AM and run till 3PM if we needed. Unheard of by today's standard's, since several of my friends now are only being allowed 30 minutes to an hour to hold their IEP meetings! It was going to be a good day...all was good this morning.
The classroom/meeting room was PERFECT ~ absolutely perfectly set up to be able to work together as a collaborative TEAM! The student desks and chairs were set up in a perfect SEMI-CIRCLE with the projection ready for viewing the electronic Ez-IEP on the white board on the wall. Mariah's IEP TEAM was all sitting around waiting for me to arrive, all nice and relaxed and waiting as I walked in. Just how LONG HAD THEY ALL BEEN SITTING THERE?? Were they sitting there PRE-Discussing anything about my meeting BEFORE I arrived? I wonder as this also seems to be common practice here in Broward, where parents are always the last ones to enter the meeting. I walked in with my 2 advocates, we picked chairs to sit in and I quickly set up my laptop and recorder, pulling out all my paperwork & notes ready to start the meeting. Wait a minute.....I had advocates with me! Why? ~ I AM THE ADVOCATE!
Why did I bring 2 advocates with me today?
...because we all need to take an advocate now and again. Today I didn't want any funny-funny stuff being pulled on me alone, especially with my daughter moving on into middle school. I wanted to make sure Mariah's IEP document stayed SOLID as I felt it was. Mariah's IEP is a darn good one, a well written IEP today, which expires the end of September. This is another reason why I like to set up an interim IEP at the end of every school year to prepare and plan for the first few months of the upcoming new school year, with all new teachers. To me that is the 'best practice' that I have always done over the years.
This morning what happened to me should never have happened...to me or to anyone! ....and it's a 'best practice' thing? Best Practice for WHO? Certainly not for me and or for my daughter's benefit!
I am sickened that a Program Specialist or a "compliance specialist" as they are now sometimes called here in Broward County and even the ESE Specialist, how these people are so quick to suggest and basically force you to FILE for a Due Process Hearing ~ if you don't like what is being done at that moment in our IEP meetings, this is the push! This seems to be our districts quick-fix and the answer to doing things THEIR WAY!! Well heck, Broward public schools has some pretty pricey lawyers don't ya think?? .....and this is all done in the BEST INTEREST of my daughter ~ really??!
FORCING ME to agree that this particular IEP meeting was now going to be Mariah's ANNUAL IEP is how the ESE employee side of Mariah's IEP was going to PUSH ME into moving ahead with this meeting. This was mostly coming from a program specialist that I don't think she even knows what color my daughters eyes are or how long her hair is now! ~ How dare all the ESE EMPLOYEES in attendance of this meeting force and make my daughters teacher-of-the-year and therapists be forced to have to SIT & WATCH and be now be part of AIR GETTING SO THICK like a DARK STORM CLOUD coming over all of us! All done with such a strong sense of, don't know what words to use here to describe the feeling in the air........certainly nothing but W R O N G going on!!! It was all very wrong indeed~!! This was not what I was hoping to accomplish today at my daughter's meeting!
I came prepared to update & make sure things would be in place to run smoothly for her starting in the Fall at her new Middle school. She was accepted in a MAGNET PROGRAM!! The S.T.E.M. Magnet Program!!!! I came prepared to be part of meeting I had been requesting since March - I documented all over the signed PPF that I was NOT agreeing to this meeting being an ANNUAL as had been 'suggested' - guess our district makes up their own "best practices" aka Broward made-up rules (no written policies have ever been provided when I asked) - my school ESE Specialist - Mariah's wonderful Wilson Reading ESE Teacher - and a District ESE "WIND-UP ROBOT" speaking to me like she had a scratch in the CD or like a broken record repeating the same sentences in her monotone voice. She was SENT and sitting there only to strong-arm and BULLY me at my meeting! Sitting there only to force me to agree and turn it into an ANNUAL IEP. Everyone knew in all of my previous emails that I had always been requesting and wanting to hold an interim meeting, since March! What was the BIG DEAL ~ Why now was there this PUSH TO FORCE this meeting to be an ANNUAL IEP? I felt Mariah's IEP was still good to go. She was still working on some pretty solid academic goals that still I felt needed to be carried over into Middle school.
There was no one in attendance from her Middle school, to provide input or information pertaining to the magnet program curriculum. The S.T.E.M. Director from the Middle school was going to be stepping into the meeting a little later.
How can one person that doesn't even KNOW MY DAUGHTER put such spin & create such a negative force on how a meeting WILL NOW MOVE FORWARD and GO? I announced that I wanted to STOP the meeting! I stood up and started gathering all my things ~ She stated, "THEY WILL STILL GO AHEAD WITHOUT ME!" She sounded like a broken record with no emotions to what she was creating all by herself like a ROBOT with a skip in the recording! Really??!! How is this in the BEST INTEREST for my daughter's education and for Mariah going into a new Middle School? WHO or where was this person getting her ORDERS FROM?
This is not how I saw my daughter's interim IEP meeting going this morning when I woke up after so little sleep preparing for a productive meeting for Mariah's educational supports for next year in Middle school.
This was to be Mariah's LAST IEP Team meeting at Stephen Foster Elementary ~ going to this same school since she was 4 years old! She will be 14 years old in September. Thanks for my "going away meeting" I have anticipated for way too long! ~ I have a gut-feeling that this has to do with the new principal in some way. Considering he enjoyed censoring each and everyone of my emails this entire school year! Yes ~ I said ALL of my emails were censored by my school principal this year. Can't wait to see what MESS this will bring!
Thanks for the end-of-the-year PaRtY!! Stephen Foster Elementary School has been good to my daughter! Most of Mariah's teachers were awesome and workable and wonderful to work & talk with and really cared that Mariah was successfully educated and gained higher level skills! There have been a few teachers that certainly have alot to be desired in the stand-off attitude towards me over the years. Some teachers just don't have it in them to work collaboratively with involved, concerned parents like me. But for the most part Mariah has always had WONDERFUL TEACHERS THAT CARED ABOUT MARIAH LEARNING & worked collaboratively with me.
Stephen Foster Elementary has served my daughter well ~ never dreamed or thought her final IEP meeting would be like this one. A total SLAP IN THE FACE to me as her parent and her advocate for her education! I was FORCED OUT OF MY DAUGHTER'S Interim IEP today! They carried on and 'said' they would go ahead and turn it into an ANNUAL IEP without me, if I left! I'm so sorry collaboration didn't take place today and my school didn't want to provide me an opportunity to take a look at the supports and services my girl will be needing on her first day of 6th grade in the Fall! Oh well at least this IEP document wasn't out of compliance because of the 'date' of the annual being held past the annual date.........this time! Her next required annual review will occur on or before: September 22nd, 2012. Mariah still needed time to work on and master some pretty solid IEP goals I had in her document.
I am not a happy camper today! Should I be? Would you be?
Mariah ~ things will be OK ~ you watch things will be OK once your mom fills out a few papers ~ it's like making a phone call.........to the police!
I can not sit back and pretend all is well with how I was treated and forced 'to file' as it was suggested I do from the program specialist this morning. I will not be filing a DUE PROCESS.
Those that are unfamiliar with the IEP process or what just happened to me today at my IEP meeting or what the heck I am upset and unhappy about.......it's about my CIVIL RIGHTS! It's about Mariah and what will be best for her as she leaves her elementary school and goes on into Middle School into the S.T.E.M. Magnet Program in the Fall.
*This is not a reflection on how grateful I am to Mariah's many teachers over the years and therapists that have helped Mariah get to where she is academically today. I'm just sorry we all are now part of what seems like the systematic nonsense and ESE Parent bullying that I have seen happen at many many IEP meetings here in Broward!! What WAS that? ~ What was it that happened so quickly this morning???......grrrrhhh!!!
NOT HAPPY WITH THE "SUGGESTED BEST PRACTICE" IDEA or "the recourse I can take if I'm not agreeing" to 'THE IEP TEAM DECISION!!
I WANT MY DAUGHTER'S INTERIM IEP TO BE A "START OVER" or a "CANCEL ERASE".....can we do that?
NOPE~!!
"THEY HELD THE IEP WITHOUT ME!!!"
....and FORCED me to agree to make it her ANNUAL IEP, which I didn't think was needed at all! She has a well written IEP with solid goals that still need to be worked on.
........and I'm very much involved with my daughter's education and I'm a Special Ed Advocate for others & for my daughter especially! Have to be!
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THANKS!
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