How do I get an IEP back once it has been discontinued?

It's a very long story, but to make it short.. My son was diagnosed with PDD-NOS when he was 2 1/2. After much therapy and services, he was re-evaluated in Kindergarten (Age 6) and the doctor said that he has receptive/expressive language disorder, stereotypic movement disorder and gross and fine motor delays. Then again, this past summer, at age 8, I had him evaluated once again with the same results. The problem I am having is that the school did their "evaluations" and said he is just fine and discontinued all of his services at the end of first grade. Now, not quite 1/2 way through the 2nd grade, my son is pushing, shoving and fighting with kids, his schoolwork looks like the work he was doing in Kindergarten and he cannot keep up with his peers in gym class. I, stupidly, figured that instead of fighting with the school I would try it and see how my son did. What can I do about getting his services back? I really need some help, I'm about ready to go to that school and raise some hell. I'm in Wisconsin.How do I get an IEP back once it has been discontinued?
The info I have listed here comes from the Guide to the Individualized Education Program, but the link below to procedural safeguards will give you step by step info and everything you need to know on how to proceed with due process hearings, mediation, %26amp; state complaint procedures.



If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They can ask that the school system pay for this IEE.



There are times when parents may not agree with the school's recommendations about their child's education. Under the law, parents have the right to challenge decisions about their child's eligibility, evaluation, placement, and the services that the school provides to the child. If parents disagree with the school's actions-or refusal to take action-in these matters, they have the right to pursue a number of options. They may do the following:



Try to reach an agreement. Parents can talk with school officials about their concerns and try to reach an agreement. Sometimes the agreement can be temporary. For example, the parents and school can agree to try a plan of instruction or a placement for a certain period of time and see how the student does.



Ask for mediation. During mediation, the parents and school sit down with someone who is not involved in the disagreement and try to reach an agreement. The school may offer mediation, if it is available as an option for resolving disputes prior to due process.



Ask for due process. During a due process hearing, the parents and school personnel appear before an impartial hearing officer and present their sides of the story. The hearing officer decides how to solve the problem. (Note: Mediation must be available at least at the time a due process hearing is requested.)



File a complaint with the state education agency (SEA). To file a complaint, generally parents write directly to the SEA and say what part of IDEA they believe the school has violated. The agency must resolve the complaint within 60 calendar days. An extension of that time limit is permitted only if exceptional circumstances exist with respect to the complaint.





Wisconsin SEA :

Brian Wilmot: brian.wilmot@dpi.state.wi.us, 608-266-7049, (fax) 608-267-1053

Alternate: Kay Ihlenfeldt: KAY.IHLENFELDT@DPI.STATE.WI.US, 608-266-3108
I completely agree with "justmeinthisworld". From what you're saying, it sounds as though your son needs some intervention in order to get him back on the right track.



I wouldn't necessarily request that your son's principal not discipline him. What you may want to do is speak to the principal about what you're dealing with, what the doctor's have diagnosed your son with, and that you really feel your son needs to receive services in order to be successful in school. He/she may be able to help you get the ball rolling in the right direction.How do I get an IEP back once it has been discontinued?
If you signed the form to end the IEP but had him re-evaluated, you need to push for an independent eval (the school has to pay for it and you have every right to request it) and demand that they provide services. I know in NJ that you can't change a classification from one of higher services to one with fewer services but that may not apply to all states. If you were not informed that he would not get services, then the form you signed MAY be nullified if you take it to court. Good luck! Fighting with schools is never easy
you can start with a 504 plan----the school should provide a functional behavior assessment--and that would include a behavior plan--including what the staff should not do--like scream loud...



at this point you may need to restart the Spec Ed process-request a reeval--in writing--and suggest an independent eval...



did you sign anything consenting to the discontinuation of services---this may make it more complicated--



you may be able to immediately enter due process if you didn't sign anything to accept ending the services--you should have been givena booklet on your rights in special ed...How do I get an IEP back once it has been discontinued?
Do you live in the USA,

IF so demand a reevalaution now.



Go for an outside evaluation at a psycologist office as well as going to therapy places for ST/PT/OT. Districts have to reimburse you for 2nd opinions



Get to know the law. It is called IDEA.



Take a lawyer or an advocate to the meetings. Sometimes just threatening works.



If you do no agree with the recommendations, you can ask for due process and a hearing. Most districts will give you what you want to avoid this process. IT is very expensive and the district has to pay for your lawyer as well.



As a school based Physical therapist with 18 years experience and is board certified, I evaluated over 20 kids a year. Reasons that a child may get school based physical therapy included difficulty getting around the school, difficulty on stairs, poor posture in class, falling out of his chair. Also difficulty with basic gym skills. Can he catch a ball for the age level he is at. An eight year old should be able to catch a tennis ball with one hand not trapped against his body. Can he do jumping jacks, sit ups, What is his score on the fitness test. I would ask for the following tests to be performed, Sensory Profile Measure, Sensory Profile-caregiver and school editions, movement abc, COMPS.





If your child has PDD, I am sure he has sensory problems, everyone, I see does. This is often why a child has difficulty in the classroom. They get so frustrated they act out. Also, they bump into things because of their motor coordination and planning, and look like they are doing it on purpose. Your child probably needs a SENSORY DIET at home and at school.



If I was you, I would find additional outside therapies for your son at least to start. I would look for therapist who are specialized in pediatrics and have more than 5 years experience.



Other treatment for children with PDD include floortime, interactive metronome, listening programs (ex. Tomatis), Sensory integration. Swimming is also good for children with disabilities.



Hope this help. Keep us posted, Best wishes. Mary


You have to learn and follow the special ed laws called IDEA.

First thing you do is write to district sped director and request an independent educational evaluation, at their expense, done by a dr that YOU choose. You have to state you are requesting this because you disagree with the schools eval they did. By law you do NOT have to give a reason why you disagree.



They will have only 2 choices - agree to IEE or file due process to prove their eval is sufficient. I have NEVER heard of a school to file dp, so what does that tell you about their own evals? LOL



When eval is done, everyone will come back to the table and use the results of the eval to determine if he can have IEP back.



Do NOT talk to anyone at this point. They will just stall, refuse, intimidate, etc. By law you do NOT have to talk, you do everything in writing.



Try not to worry about them making you feel bad. This happens in most, if not all schools.



And yes they ARE just pushing him thru without helping, they do this to most kids.



If you need help email me at sisymay@yahoo.com