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Haley23 Haley23 is offline
 
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This is illegal, right?
Old 09-09-2018, 04:49 PM
 
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Just checking to see what others think. We've gotten numerous transfer students with IEPs already this year that have really high needs. I know in some higher SES places, parents probably drop off the IEP when they register their child. That happens extremely rarely at my school.

By the time we figure out where they previously went to school, call that school, figure out their process for sending over paperwork (sometimes you have to go through a special district department, etc.) and actually receive said paperwork, it's often 1-2 weeks later.

My P is frustrated with feeling like we're not prepared for the high needs students and that we need time to review their previous paperwork before they just show up with nothing in place. She wants to tell families who enroll with an IEP that their child can't actually start coming to school until we have the IEP paperwork to review.

While I understand where she's coming from and would love to be prepared ahead of time for these kids also, wouldn't this be a violation of FAPE? Keeping a kid out of school for even a few days because they have an IEP seems like a really big legal issue waiting to happen.

My thought was maybe we could offer that to families- tell them that we'd like to receive the paperwork first so we can be really prepared for their child's first day- but that we can't force them to stay home. Then I thought even offering it probably isn't okay, as we would never do that for a gen ed student.


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I think it must depend...
Old 09-09-2018, 05:36 PM
 
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Is it the IEP only that is missing? I know my school has delayed even gen ed kids with no proof of shots.

There have been times when we have requested IEP paperwork first but if parents balked, the child was admitted once shot records etc are received. Sometimes that does mean the student is placed in one situation, schedule, etc and then it is changed when the official paperwork comes.

As to if it is illegal, I do not know.
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Old 09-09-2018, 06:17 PM
 
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I think illegal. You're right, keeping a kid out *because* he/she has an IEP is a denial of FAPE, and sounds like a lawsuit waiting to happen.
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Old 09-10-2018, 02:33 AM
 
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I think it would be illegal to keep a student out because you know they need special education services if you would allow a regular ed student to attend before his/her paperwork is received. I would defer to the director of special ed on that one.

I do understand the dilemma. The same thing happens at my school.

I was recently informed that we can no longer refuse to allow a student to attend without necessary medical orders. This means that if I have a student who is fed via g-tube, the parent can send the child to school without medical orders, but we would not be able to feed the child without the orders. The child would just have no nutrition or hydration, and we would call 911 if needed. We’ve had families forget to mention that a child has food allergies and that a child has frequent (3-4x weekly) seizures. That’s just this month. One time, apparent forgot to tell us that her child was a double amputee. We discovered it when one of his legs fell off in the gym! (She had written “has issues with his legs” on his emergency card.)

Don’t even get me started on educational, emotional, and behavioral needs. I think we should be able to make them provide paperwork before they can attend, but I don’t think we can.
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Old 09-10-2018, 05:33 PM
 
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Thanks. I will tell P that I think it's a violation of FAPE but we can check with our sped director if she wants.


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