Child Doesn't need an IEP Plan?

Question

My nephew who I have guardianship of was place on an IEP plan while in his mothers care. When she attended the meeting she did not understand what was going on, however she signed the plan. She immediately brought this plan for me to look over. I was not aware at the time that this was an IEP meeting and if I would have know I would have went and advocated for him. As soon as I read the plan I told her that he did not need this. I do realize that some people my be in denial about this sort of thing, I work in the mental health field and I see it everyday. However this is not the case he really does not need an IEP plan. My question is how do I get this new school that he is at to cancel the IEP. This is really bothering him due to the fact that he can read very well and they are trying to read his test to him. I do not believe that ny nephew should have to suffer for something that his mother signed without knowing what she was doing.

SERIOUS ANSWERS ONLY

Answer 1

All you have to do is write a letter to the district sped director stating that you do not want him in special ed.

If they refuse, write and request 'prior written notice' of their refusal.

Also, send this along with the letter -

http://idea.ed.gov/download/modelform2_P...

They have to have LEGAL reasons for this and put them in writing to you in this prior written notice.

If child is doing well, I don't see of any legal reason they can have.

THey probably want him in there so they can get more money .

Answer 2

Since you have guardianship, contact the principal or special ed coordinator or special ed teacher, and request a meeting to discuss your concerns. If you don't want him receiving IEP services, it is your right to have them discontinued. Perhaps all he needs is a 504 Plan for accommodations. There are many options and hopefully your nephew's school will be willing to work with you to do what is best for him.

Answer 3

Have you talked to anyone at the school about this ? Is it possible for them to retest him ? And if not needed take him off of it ? I know when my son was younger he was on a plan for his reading, they were not reading to him they just put him in a extra reading class and after about a year they said it really wasn't needed anymore. Also they had told me that kids on IEplans should be retested about every 1 to 2 years.

I would try to talk to the new school and let them know everything and see if they can help you .

Good luck

Answer 4

i have heard of parent revoking their child's IEP.. Have a meeting with the teacher that would be his case manager ( the special ed teacher that would service him) and speak with them.

Answer 5

If you have guardianship of your nephew, all you need to do is ask for a new IEP meeting. During the meeting, explain your stance. If the parent/guardian does not want special need accommodations, they will be dismissed. UNLESS, down the road school personnel feels the child's education is suffering. If you do not come to an agreement in the IEP, ask for a mediator. The school system must provide a nonbiased (not employed by the school system), professional mediator, at the school systems expense, to help both sides come to an agreement.

Best wishes!

Answer 6

Since you have guardianship over your nephew you should have been at that IEP meeting, but since you weren't go back to the IEP people and explain to them that his mother did not know what she was signing and the mom shouldn't have been signing anything that she's not allowed to. Show the IEP team that you have papers to prove that you have guardianship over him.

If they knew that the mom wasn't suppose to sign i don't understand why they let her.

Best of luck to you and your nephew.

von

Answer 7

This is what you do: Call an IEP meeting and discuss it with the team. You do not need to wait for the annual review--if you are the guardian, you can call one at any time. Go through the current IEP with a fine toothed comb, take your time, and point out accomodations like the oral tests that are not needed, backing it up with teacher input and report cards, mid terms, etc. Be honest and tell them what you believe to be true. Ask that the placement specialist be present. Investigate your rights as far as least restrictive environment, and listen to the ed. professionals. Make sure your nephew's opinions are shared, but don't bring him to the meeting if it might upset him.

If worst comes to worst, get a lawyer or advocate, but keep in mind that means that the IEP freezes until resolution is reached.

Good luck and God bless you, your nephew, and his mother

Answer 8

Under what areas does he qualify for special education?  He should have been tested and his paperwork should state how he qualifies.

My suggestion is to call an IEP meeting with his teachers.  It's your right as a guardian.  Ask that all of his teachers be there as well as the special education teacher who works with him.  Ask them to explain the testing and the results.  When you go in, let them know your concerns.  It would be helpful for you if you're not defensive or attacking.  Just let them know the situation.  

I also suggest being open-minded and receptive to what they're saying.  Not because I assume that they're right, but they may have caught a problem that you didn't realize was there, and it may have nothing to do with reading.  It could be a processing problem.  Or, they could be overly concerned.  With all of the federal and state legislation as a result of NCLB, schools and educators are erring on the side of caution for the student.

Just remember, they ultimately want what's best for him, too and are just trying to make that happen.  

Good luck!