District only allows parents a week to review and sign IEP !

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This is in California and I posted about this before. The district did a psychological assessment and resource assessment on a 5th grader HFA child and came back claiming there was no further need to have the child on an IEP. The IEP was held last Tuesday and the school SLP has been relentlessly harassing the parents to sign the IEP claiming that their special education department only allows parents about a week to review and sign the IEP.

This IEP removes the student from an IEP and places him on a 504 instead. Parents want more time in order to seek a second opinion / independent evaluation. They also asked the school what in the Ed Code requires a parent to sign on an IEP so fast and the response was that this was their special education department policy / rule and that Mom needs to go in on Monday and sign off on this !

How can we fight this ? What can they do if Mom refuses to do so ? Please, please, please help !

For an understandable overview of problem solving IEP issues, start on page 42 of this pdf: http://www.specialed.us/pl-07/SpEd_in_P ... age-07.pdf

The IDEA allows parents extra time, if needed, to fully evaluate the IEP. So I wouldn't worry about their time line. 115.78(3)(d)

The parents have a right to request an independent evaluation. More about that process here: https://www.drnpa.org/wp-content/upload ... uation.pdf

Because it is considered a change of placement, the parents have the right to due process if they disagree with the change. The parents can first try to resolve this through mediation & getting the independent evals. If they can't come to an agreement, they can file for due process - which ensures their child stays in their current placement (this is the "stay put" rule) until their is a judgement on their case. Here is more information about that process: http://www.specialed.us/Parents/Rights/ ... _06due.htm


The mom does NOT have to give consent to the placement change. Read that first link to see what her rights are and how to figure this out.

Those were just good resources that clearly explained the law. The IDEA is a national law, so they are applicable for all states. Some states have additional state laws about special education, but they can't change the basics of the actual IDEA.

Here are the California-specific due process procedures: http://www.disabilityrightsca.org/pubs/504001Ch06.pdf

As a general bit of advice, any time someone states a "rule" like this, ask them to please show you where in this procedure is documented in state law or local policy handbook. They may back down, or provide you with evidence that will not be to their favor in due process.

Wrightslaw.com is full of good information.

What are your and moms primary concerns about the child's current needs?

There should also be a line on the IEP where the mom can check "I do not consent", which will force the school to provide prior written notice and start due process.

The parent simply needs to provide in writing their concerns, and inform the team of their course of action and expected time frame, and refuse to sign until they are content with the IEP. This is protected by federal law.