School has not done yearly IEP?

Question

My son had an IEP in May of 2007..since it was so late in the school year, they applied the IEP to the following year. when he was a Junior in High School)..shouldnt they have done another IEP in May of 2008? What are the legalities of this? Also, at the time of the IEP, the school only focused on his ADHD...i had told them that he was diagnosed with asperger's syndrome, and they told me flat out that they didnt think it would be a good idea to put that into his file, becuz they didnt think he had aspergers. (i told them i had a doctor diagnose him, and whether or not they believed the diagnosis, it didnt matter) I told them that i wanted it in his file. I still dont know if they added the diagnosis to his file or not. GRR! School starts next week...should i contact them and find out why the IEP was not done? I live in Southern California...my son is now 17 years old, and a senior.

Thanks in advance for your help:)

Answer 1

IEP's are annual the only reason there might not be one is if there was a meeting where it was determined that his goals were met - and you would likely be at that meeting.  Is it possible that your son has a 504?  There would have had to be an extensive evaluation prior to the IEP that would include all outside medical diagnosis.

re: ADHD, ASD or other labels - the important thing is that the services must meet the childs needs.  The label does not get him more or less or different services - the ONLY lable that a school can use is what came out of the schools evaluation that determined your sons needs and in what category he had a qualification in.  ASD typically does NOT require and outside medical diagnosis but ADHD typically does.  (again depends on the state)  I see many students with an outside medical diagnosis of something related to Autism (ASD) who get no services in school at this time - they may need something later but not now and maybe never.  I also see many students who have no outside medical diagnosis BUT their behaviors and needs 'fit' what you would expect to see with a student with ASD so they do get services if there is an academic impact.

If you feel it is important to have the outside medical information in your sons file to have another source for accomodations perhaps - you can bring a copy to the school and have it placed in the file.  You can ask for a meeting to discuss the medical report with the team if that is something that you would like to do.

What the outside medical diagnosis does provide for you is access to additional services from your County Social Services Department - find their number and see what resources, support groups, counseling, respet they may have for you.

Answer 2

Yes, contact them immediately.  If you have access to the school principal's email, I do so in writing. Then follow-up with a phone call if you don't hear back within a full business day.  

Beware:  It may be that you were invited on paper, but your son intercepted the invitations to conference or they never existed.  

Answer 3

The school is definitely not in compliance with the law in the state of California. I would call the school and get a hold of your sons special educator. They need to hold an IEP meeting as soon as possible and if you bring this to the attention of the school I am sure they will. IEP meetings need to be held annually. As far as the Aspergers, you should bring in proof if you have it of the doctor's diagnosis. If the aspergers is affecting his progress in the general ed. curriculum then it is important that it is included in the IEP.

Visit this link at the CA dept of education. It is a list of your rights as a parents. The CDE website is very helpful in answering these types of questions.

http://www.cde.ca.gov/sp/se/qa/documents...

Answer 4

An IEP is good for one calendar year.  There should have been another one done in May 2008.  Call the special education office and get a copy of your parental rights.  You have the right to call a case conference at any time and I recommend that you do so. The school is currently out of compliance and you can take them to due process, so I suggest reading your rights, and then contacting the school, principal, or director of special education.  As far as aspergers goes, make sure you have some written documentation from your doctor.  If he is on the spectrum this should be added to his IEP.  You also have the right to request a reevaluation at any time where the school system can test for autism.  This may change the services that he needs.  Make a list of you concerns, your goals for him, and what assistance you think he needs.  It would also be good for him to do this as well.  Both of you go into the conference with a well presented case of his needs and goals for the upcoming school year.  Best of luck!

Answer 5

Yup. Get on the phone and call an IEP review.

Answer 6

Federal law requires that a child with an IEP get help in all areas that they need help in, not just ADHD symptoms because that is what is listed on his IEP. Any Aspergers symptoms which are affecting his ability to learn have to be addressed no matter what they want to call the cause.

You are a member of the IEP team and as such, you are required to be at all meetings or give them a written statement that you can't and they have to try to work with you to find a date and time when you can be there. If you were unaware of an IEP team meeting and they held it anyway, they are in non-compliance and its illegal. They have to use the old one until a new one is written and signed off by you.

You have the right to call an IEP team meeting any time you feel one is needed. Send them the request for a meeting, registered mail, return receipt requested. I don't remember right offhand the number of days they have to do it in but they do have to hold it in a timely manner.

Do a search for educational advocates in your state. Many times you can get one for free or at a rate based on what you can afford to pay. An advocate can help you navigate the system which sounds like they just want to stall you until your son either quits or graduates with lower grades than he should be getting.

There is a great little website I'm an admin on that covers many issues that our kids face. ADHD and aspergers are both included. We also have links to other sites.

I'll also include a link to a chat site which is hosted by experienced parents and professionals who deal with these issues every day. The chats are open from 9 to 11 EST,every night except Friday.