IEP Compliance: OUT OF COMPLIANCE IEP

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Natalie:  What is the law if a school has an IEP that has been out of compliance since 11/17/15 and the school has postponed and rescheduled the IEP 3 times

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bobby

My daughters IEP meeting started last year in October. We reconvened in mid November, and the IEP was not not implemented until the end of November(birthday). When is the following years IEP meeting date? In October(when it started), in mid November (when we reconvened) or end of November( when it was implemented)?

Melissa

What if an IEP is outdated due to the family moving in from out of state where the student never attended school.

Chuck

The parent can request a new evaluation to base the IEP on. If this does not happen, the parent can use the dispute resolution processes. The state parent training and information center can assist them. http://www.parentcenterhub.org/find-your-center

Cari

Does the “out of compliance” need to be documented on a separate form? Do you just fix it or should this be specifically documented on a separate form along with a detailed explanation as to why it was out of compliance? ie. overdue, written incorrectly, etc.

Chuck

See the Federal District Court decision in a case against the Hawaii Dept. of education. This website has a summary of that case. If there are “good reasons” for rescheduling, this may not be a violation of state & federal rules.

Sophie

Chuck’s comment answers the postponement issue. I wanted to add something about the noncompliance issue, which is a separate problem. You can sometimes get quick results by calling the special education oversight office at the state level and expressing your specific concerns. In New York, for example, it’s called “Special Education Quality Assurance.”