Question:

IEP......how long does it take?

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hello im 14 years old and im ADHD AND ODD and Bipolar if thats what odd means ive heard it all yesterday when i got suspended and went to the shrink well anyway im basically kicked out school and im a year behind suppose 2 be a freshman and now im a year behind agian and suppose 2 be a sophmore so now its completely like UUUHHH i hate school and even myself it seems like i cant be smart for anything welll my dad's going to work on putting me in a alternative for the 3 days im suspended from schoool so yeah How long does it take Please reply if you know i really need 2 know

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  1. Each state has laws of their own as to how the timeline for an evaluation and writing an IEP takes. The federal law, the IDEA 2004, is the law that all the state laws must comply with. Under the IDEA, the district has 60 calendar days to complete the evaluation and hold a meeting to discuss the findings. They then have another 30 days in which to write an IEP. Some states break those initial 60 days down into what must be completed in separate timelines.

    If you have been suspended for 10 days or more, the district must hold what is called a "manifestation deterimination." That is to decide whether your disabilities caused your suspension. It then depends on the decision of that hearing to decide the outcome of the continuation of the suspension, etc.

    Your parents must request that you be evaluated for an IEP. At that time, the best thing that they can do is to provide the school with a copy of a letter of diagnosis from the psychiatrist. They should do so via registered mail with verification of receipt so the district can't turn around later and say they never received it.

    I would also strongly suggest that your parents hire either a special education advocate or attorney who is familiar with and has experience in due process. The reason for that is that by what you are saying, the district should have requested that your parents have you evaluated long ago. Because it's been ongoing, they can file a complaint with the state on the grounds of the district not being in compliance with the "Child Find" part of the IDEA. They can ask that you be provided with up to three years of compensatory education and related services. Tell then that there is case law on this issue with mental illness in the state of Oregon from 2002. I assisted in setting this case law within my own special education advocacy.

    If your parents need more assistance, they can look at ivillage.com. One of the message boards there is called "Special Education Plans."


  2. An IEP doesn't take long at all. and IEP truly is an evaluation and then a program that is set into motion, but, your school has to want to take it by the reigns. Most teachers that do these are overloaded. I'm going to say this. First, you need to get the Bipolar and ADHD under control. Once those are stable, the ODD can be worked on. Its like having 3 dogs fighting at once. You don't know how to break it up and you really aren't sure which dog to pull first. If you can't get those under control, its going to get rough.  AN IEP, at the worst, should take not longer than a week to 10 days and actually should happen faster.

  3. Do you have an IEP in place already? With your disabilities you should of had one in place long ago.

    In order to get an IEP, your parents/guardians or teacher must request for an evaluation...your parents/guardians must sign a consent form before they can evaluate you. The school board has then 60 days to conduct an evaluation after receiving the signed consent form. The evaluation must assess you in all areas related to your disabilities, including any behaviorial problems, accommodations, related services, aides, etc. Since you are 14 they should also include Transition planning, for students beginning at age 14 (and sometimes younger)--involves helping the student plan his or her courses of study (such as advanced placement or vocational education) so that the classes the student takes will lead to his or her post-school goals. If transition service needs or transition services are going to be discussed at the meeting, the student must be invited to attend.

    After the evaluation is conducted then the school board has 30 days to conduct an IEP meeting to put an IEP into place..parents and the student (when appropriate) are part of the team..after the IEP is written it and signed by your parents/guardians they must start services ASAP.

    If you have an IEP in place and you being suspended was do to a behavior; have your parents request a fuctional behavior assessment..As an example, consider a child whose behavior interferes with learning. The IEP team would need to consider positive and effective ways to address that behavior. The team would discuss the positive behavioral interventions, strategies, and supports that the child needs in order to learn how to control or manage his or her behavior. These would be included in your IEP.

    Due to suspension or being expelled (for disabled students according to IDEA): Educational services must be provided to the extent the child's IEP team determines necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward the goals set out in the child's IEP. If you do not have an IEP in place or have not found to be considered having a disability through the school, different laws may apply.

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