IEPs: CAN THE SCHOOL “OPT OUT” OF THE IEP?

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Amanda:  Can the school opt out of my 13 year old daughters IEP without notifying parents? She is in 7th grade, and is struggling very much in the middle school she goes to in Missouri. Is it legal for them to pull her right out of IEP and not even notify me as her parent? Since she hasn’t been receiving her IEP, she has been in and out of ISS..Please help?

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Sharon L.

THe short answer is that they can provide you with prior written notice to inform you of this change of placement but cannot do it without contacting you. Set up an IEP meeting to discuss. YOu may need an attorney or advocate to help in this situation. You don’t have to sign anything.

Chuck

Even if their position is that she no longer is eligible for special ed services, an evaluation should be done, an IEP held, with the parent invited, & the parent informed in writing of the decision of the IEP team. Your parent information & training project can assist you. http://www.parentcenterhub.org/find-your-center/