District concern/complaint via email

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District Concern - via email to district
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IEP not received section

I had my IEP meeting and have not yet received the proposed IEP. Referring to DESE Reference I understand that the district is out of compliance. When can I expect to receive the proposed IEP?

Thank you for your attention.

Please note:

As stated by DESE, " at the conclusion of the Team meeting" the district may give the parents a "... summary of the decisions and agreements reached during the Team meeting [that] must include:

(a) a completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and

(b) a statement of the major goal areas associated with these services.

By providing parents with this summary at the conclusion of the Team meeting, in the Department's opinion the district has complied with the requirement to provide the parent with the key decisions and agreements immediately. The district may then take no more than two calendar weeks (this reflects the former ten school working days standard) to prepare the complete IEP for the parent's signature and for the student's records (both home and school)."

Without a summary as defined, or upon parental request, the district "District must respond to such requests with a complete IEP within 3-5 days of the Team meeting at which it was developed."

Unexpected people section

The district brought people to the IEP Team meeting who were not on the meeting attendance list (N3). It is my understanding that this is a violation of 34 CFR 300.322(b)(1)(i) which, in reference to the notice, clearly states "Indicate the purpose, time, and location of the meeting and who will be in attendance; "

Thank you for your attention.

Please note:

This OSEP Letter discusses the issue of the family or the district bringing unannounced people to a Team meeting.

Services not started - section

My child's IEP services have not started. I understand that they are to start the first day of school.

When will my child get all the services as defined in the IEP and what will the district do to compensate for the missed services?

Thank you for your attention.

Please note:
34 CFR 300.323 - When IEPs must be in effect.
(a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in §300.320.

Note: The Second Circuit Court of Appeals in R.A.G. -v- Buffalo City School District (2014 WL 2722745, affirming 2013 WL 3354424), has granted the Parent’s request for class certification in regard to the District’s alleged systemic violations of IDEA by not having related services for students with disabilities start at the beginning of the school year.

"IDEA requires that an IEP must be in effect at the beginning of the school year. If a district is not implementing a student’s IEP at the beginning of the school year, it is subjecting itself to a possible denial of FAPE claim. Arguing that related services are not provided during the first few weeks of a school year because related service providers are attempting to arrange their schedules is no defense for failure to provide related services which are required by the IEP. (Would regular education students not be provided instructional services during the first few weeks of school if their teacher was not available?)

"A disabled student’s IEP, both program and related services, should be ready to be implemented at the start of the school year. If related services, for example, cannot be implemented in accordance with the IEP, the District may want to be proactive and inform parents that any related services which were not provided at the beginning of the school year will be made up to preclude a parent having to commence litigation and the likelihood of a denial of FAPE being found."

Meeting time - section

I am unable to make the meeting time(s) offered. It is my understanding that the time must be mutually agreed upon, I am requesting other dates and times as possibilities.

Thank you for your attention.

Please note:

IDEA § 300.322(a) Parent participation clearly states: "Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including -

  • Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
  • Scheduling the meeting at a mutually agreed on time and place."

Missing IEP services section

My child has not been receiving the IEP mandated services as outlined in the IEP Services Grid. I am requesting a full log of times that the services have been given (as per my rights under FERPA and 603 CMR 23.00) and information on compensatory services.

Name what services your child is not receiving in the area below.

Thank you for your attention.

Please note:

As with all education records requests, I look forward to receiving the service log and additional information within ten calendar days.

Parental concern - section

Thank you for your attention.

Timeout issue - section

I am concerned that my child is being given too many and/or too long "time-outs" from class.

Thank you for your attention.

Please note:

From 603 CMR 46.02:
Time-out shall mean a behavioral support strategy developed pursuant to 603 CMR 46.04(1) in which a student temporarily separates from the learning activity or the classroom, either by choice or by direction from staff, for the purpose of calming. During time-out, a student must be continuously observed by a staff member. Staff shall be with the student or immediately available to the student at all times. The space used for time-out must be clean, safe, sanitary, and appropriate for the purpose of calming. Time-out shall cease as soon as the student has calmed.

Request for service log - section

I do not know if my child is getting all of the IEP mandated services. Please send me a log of the amount of services, and the specific days so far this school year, for the services listed below.

Name what service logs you are requesting.

Thank you for your attention.

Please note:
"States and public agencies must maintain documentation sufficient to ensure that a public agency provides FAPE to a child with a disability in accordance with the child's IEP." OSEP Policy letter to Brousaides, June 2010

send it section

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