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SpEd/ESL legality question
Old 10-30-2017, 05:12 AM
 
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Slightly a vent...Slightly a question...

We keep getting more and more ESL and SpEd kids transferring in from other districts. That's not the problem. The problem is that we're not getting paperwork on them (mods/accommodations, etc.) until WAY after we get them on campus. For instance, we have one kid who is served by both ESL and SpEd. He came with no paperwork and the transferring district said they had nothing on him. We've had him since August in the regular classes where it is obvious to everyone that he needs more help. Teachers put in for him testing. Then, last week after first quarter report cards come out, we get his records from his transferring school! GRRRRRR!!!!! This kid has a ton of things we should have been doing for him, but no one had records on him. Mom didn't return the 10 calls I made to her or the ones that SpEd and ESL made to her.

My question is this: isn't there some sort of legal amount of time a transferring district or parent has to get records to the next school when they move their kids? Maybe there isn't....But this is crazy, and he's not the only one I have that we're having this issue with. It just seems like the other schools are stonewalling or something. I'm not sure what the deal is and these kids are falling through the cracks!


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Sending CUM files
Old 10-30-2017, 05:37 AM
 
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I don't know if there's a legal time limit. It used to frost my cookies when we'd get a kid from another school in our district and the files didn't come with them. I usually ended up calling their previous teacher.
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Old 10-30-2017, 06:43 AM
 
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That has happened to me. I have much better luck when I call their previous teachers / therapist directly and / or getting the name of someone in the Sped office at the sending district. Making that personal contact really seems to speed things up.
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Old 10-30-2017, 11:52 AM
 
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I had a similar issue with a kiddo a few years ago and it still makes me upset. That poor boy! I did something similar to elspeech, contacted the counselor/teacher directly and that finally got the paperwork over here. They were similarly incensed.
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Just a Question...
Old 10-30-2017, 11:54 AM
 
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When parents register students in my district, there is a question on the intake info that asks if the child was getting special ed services, speech-language, OT, or PT at the previous school.

The secretary points it out to the principal and special ed teachers. The principal is usually the one who makes the phone call to the previous district (principal or special ed dept.). If nothing happens within a week, either he/she calls again or the special ed teacher calls the special ed, OT, PT, or speech-language teacher in the previous school.

Is there a question like this on registration material for your school? This might help your district know immediately whether or not a new student needs services.


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Old 10-30-2017, 01:01 PM
 
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Hi, Connie--
We DO have that question on our intake/registration form. The parents (if they are Spanish speakers) sit down with a translator and go over paperwork in Spanish to try to make sure we have accurate information. This parent didn't have the translator mark anything and just assumed that the paperwork would "catch up."

I wonder, too, what's the legal responsibility of the teacher? If I don't know he's supposed to have accommodations and things, can I be held liable legally for not giving him the accommodations? With the kid I posted about, I had suspicions, but nothing was physically handed to me until after report cards printed. Legally, I have nothing to fear from 1st quarter, do I?
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dropping the ball
Old 10-30-2017, 01:30 PM
 
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What Connie said.

IEPs are never in cum files, at least not in our district and they should not be. If report cards are found in them, those might hint as to programming (ours do) but special ed. reports and forms are not in cum files.

What I do if the parents aren't sure or we can't get a hold of them (and there are great concerns) is ask the district office to check. They can check relatively easily nowadays with computers and different programs.

Quote:
My question is this: isn't there some sort of legal amount of time a transferring district or parent has to get records to the next school when they move their kids?
Not sure about legal amount of time, but I would think within a week. I can't imagine with technology not being an issue anymore, why there would be an excuse for this. I can't imagine it.

Also, why is the transferring district insisting he isn't in a special program? You need to get your higher ups at the DO involved. Someone is going to get sued one of these days .
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Old 10-30-2017, 01:32 PM
 
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Quote:
can I be held liable legally for not giving him the accommodations? With the kid I posted about, I had suspicions, but nothing was physically handed to me until after report cards printed. Legally, I have nothing to fear from 1st quarter, do I?
Gosh, I wouldn't think so. SPECIAL ED. if applicable, would be the ones to be in trouble....unless they have documentation to prove they contacted the other district or their own district office to get info. I would not think the general ed. teacher would be involved in any of that, unless they had info and refused to give accomm. Which you did not.
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Old 10-30-2017, 04:06 PM
 
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You won't be held liable if the transferring district was asked and said they had nothing. If anyone, it would be the sped team, not you...but they shouldn't be liable either as long as it's documented that they asked for records.

I'm a sped teacher and we often have trouble getting records from other districts. I just document every time I call/send requests. It often takes a couple of weeks. At a previous school, I did have one scenario where the parents marked on enrollment paperwork that the child had an IEP and the secretary didn't bother to tell me. The child came from a wealthy charter school and frankly wasn't anywhere near the level of our students with IEPs, so he didn't stand out as a concern or someone that we needed to do digging on. We didn't figure out until THREE MONTHS later that the child had an IEP when the parents mentioned it at conferences. Luckily, the parents were completely laid back about it and didn't push for legal action. We could have gotten in a lot of trouble!
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Iep
Old 10-30-2017, 04:38 PM
 
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I have worked in a school where the parents transferred in and denied there was an IEP at the previous school.

The parents wanted to "prove" that their child did not really need an IEP.

I have also personally copied an IEP for a parent to take to a new school and the parent "lost it" during the 15-mile drive to the new school.


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Old 10-31-2017, 06:41 AM
 
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Not sure what the legal time limit is for getting the previous IEP from the previous district, but we don't allow out kids to enroll/start until we have all of that information.

Aside from that TIEP (Transfer IEPs) need to be completed within 30 calendar days of a student enrolling into a new district. That means the old IEP needs to be signed over if the new district does't have any modifications to make to it and can accommodate all of the previous IEP Accommodations, modifications and/or goals. Or, a new IEP must be written That is the law. If it isn't followed a parent can sue the district for not following due process.


I would be raising an incredible amount of stink if I didn't have an IEP on a kid that I was servicing. I'm not willing to put my teaching license on the line for a situation like the one described in the original question.
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