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Home > Doing Your Homework >Our School Says the IEP has Expired: Now What? by Sue Whitney Heath |
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Doing Your Homework Question:
Sue's Response: A learning disability is not something a person outgrows. You need to be sure there is a reason to discontinue the IEP. Make sure you know what you are agreeing to - and why. Prior Written Notice Removal from special education requires prior written notice from the school. The school district must tell you in writing. IDEA 2004 states: (c) Notification Requirements-
See USC 20 1415(c) p.3-4 (in pdf format) or Wrightslaw: Special Education Law, 2nd Edition, p.109. IEPs Do Not "Expire" The IEP will not "expire". It remains in effect until a new one is written or you agree that an IEP for specialized instruction and related services is no longer needed. An evaluation is needed to show the IEP team that special education and related services are no longer needed.
If the team did evaluate your daughter, did you understand the evaluation results? If you understand the evaluation, and agree in writing that an IEP is no longer needed, then ask the school to carry the accommodations from the IEP over to a Section 504 plan. Remember: Parental permission, signature, and agreement is not needed under Section 504. You will be giving up all your rights to participation if you agree to discontinue the IEP. A 504 plan is available only to students who have a disability that limits a major life activity, such as learning. If the school agrees that your daughter has a disability that limits her ability to learn, then why discontinue the IEP? If you already know the above information and you are only looking for 504 accommodations, then suggest that the school choose items from the list below. School Accommodations and Modifications from the Families and Advocates Partnership for Education. The school is not required to follow your suggestions about the content of a 504 plan. Good Luck, Sue Whitney
Meet Sue Whitney In Doing Your Homework, she
writes about reading, research based instruction, No Child Left Behind, and
creative
strategies for using federal education standards to advocate for
children
and to improve public schools. Her articles have been reprinted by SchwabLearning.org, EducationNews.org, Bridges4Kids.org, The Beacon: Journal of Special Education Law and Practice, the Schafer Autism Report, and have been used in CLE presentations to attorneys. Sue Whitney's bio.
Copyright © 2002-2012 by Suzanne Whitney.
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"My child has an IEP for 'learning disability' services. The school says she no longer has a learning disability and told me her IEP would expire at the end of this month.
