by Renay Zamloot
During the past week, I received frantic phone calls from six different parents throughout the state asking these questions. Each one relaying a very similar story:
“I received a call from my case manager today informing me that my child’s IEP was due to “expire” tomorrow and if I do not come in for an IEP meeting either today or tomorrow, the district would have to hold the meeting without me to avoid a disruption in his services. What should I do? I am not available to participate in a meeting today or tomorrow, but I don’t want my child’s services to stop!”
First of all, IEPs DO NOT EXPIRE! Students can age out or graduate out of their IDEA entitlements. Parents can refuse to continue IEPs for their children. Students can be reevaluated and found ineligible. But, IEPs DO NOT EXPIRE!
School districts are required to review the IEP at least annually. If your child’s IEP goes beyond its Annual Review date without the district calling an IEP meeting, your child’s services must continue to be provided as stipulated in the IEP and a meeting must be held as soon as possible. In this case the IEP HAS NOT EXPIRED, the district is out of compliance with the law. This is the real reason for the call from the case manager. Districts are also required to provide parents with written notice of IEP meetings in sufficient time prior to the meeting to ensure parents can attend. And, the meetings must be held on mutually convenient dates and at mutually convenient times.
In order to rectify the district’s compliance problem, case managers will often tell parents they are required to hold the IEP meeting without them if the parent is unable to attend the meeting that has been called at the last minute and without the proper written notice. THIS IS NOT TRUE. Districts are not permitted to hold IEP meetings without parents under these circumstances. The only time a district is permitted to hold an IEP meeting without a parent present is when it can document that it is unable to secure the participation of the parent. This documentation must include: detailed records of phone calls made or attempted, and the results of those calls; copies of correspondences sent to the parents and any responses received; and detailed records of visits to the parent’s home or place of employment and the results of those visits.
If you ever encounter this problem, immediately hand-deliver a letter to the Director of Special Services in your district summarizing the discussion you had with your case manager and inserting the correct information provided above (be sure to bring an extra copy of the letter and have it date stamped by the Dept. Secretary to be used as your proof of delivery). Propose several IEP meeting dates and inform the Director that you have never missed an IEP meeting and any IEP developed unilaterally by the district without your participation must be considered invalid. Consider closing the letter with a statement like: “I trust my concerns will be immediately and appropriately addressed and further action on my part will not be necessary.” Also, ask for a written response.
Renay Zamloot is a Non-Attorney Advocate who works with New Jersey parents of students with disabilities from the preschool years through transition into post-secondary life to ensure the development of truly Individualized Education Programs (IEPs). To learn more, go to http://www.rzeducationadvocate.com/
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