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Rescinding Iep Signature Timeline

Family Law Discussion Forum

Rescinding Iep Signature Timeline

Postby Winfrid » Sat Dec 03, 2016 9:03 am

is there a timeline for how long I have to rescind an iep signature? I signed a new iep at the start of the quarter and now at the end of the quarter my son is flunking three classes because of the modifications that were removed from the old iep.The team already stated they won't agree with the old modifications(extra time to complete work mostly) so can I rescind my signature still and go back to the old iep?

Thanks!~Tim
Winfrid
 
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Rescinding Iep Signature Timeline

Postby Healy » Sun Dec 04, 2016 7:45 am

No, there is no timeline or provision for removal of an IEP signature.  The law, The Individuals With Disabilities Education Act, does not require a parent signature indicating approval for any IEP, except the initial IEP and placement.  

We typically have the parent sign the IEP as a participating member as a best practice, as we do want them to buy into the program.  There is also a requirement that schools document that the required team members participated in the IEP creation...those are:  Special Education Teacher, General Education Teacher, District Representative, Person to Interprete test data, and the parent(or documentation of the attempts to get the parent to participate).  

IEPs are typically written as annual documents, as review and revision is required at least annually.  However, any time that a student is not making progress toward his/her IEP goals, as it sounds like in your case, the IEP Team meets to amend the IEP so the child can make progress.  

Your first step is to call your District's Special Education Director and share the team's response...then request an IEP meeting to discuss your son's lack of progress and what can be changed to get him back on track.  The IEP can be amended or re-written any time.  If this is not successful then you can follow your state department's conflict resolution processes.  The law requires that you be able to file a formal complaint, seek mediation, or request Due Process Hearing.  

Good luck.
Healy
 
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Joined: Mon Apr 14, 2014 6:54 pm


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