Are Schools Bypassing Consent? What Parents Need to Know About IEP Changes
Are Schools Overstepping Their Bounds? What Parents Need to Know About IEP Changes
Navigating the complexities of Individualized Education Programs (IEPs) can be overwhelming for parents, especially when schools make changes without explicit consent. Understanding your rights is crucial. While the law generally requires parental involvement in significant IEP changes, minor adjustments may not. This blog post explores the nuances of IEP modifications, the importance of Prior Written Notice, and what parents can do if they disagree with changes. Stay informed and empowered as you advocate for your child's educational needs!
At ConnectEd Advocates, we understand that navigating the complexities of Individualized Education Programs (IEPs) can be challenging for parents. One common concern is the ability of school districts or case managers to make changes to an IEP without parental consent. While the Individuals with Disabilities Education Act (IDEA) mandates parental involvement in the IEP process, there are some nuances to be aware of.
WHAT THE LAW SAYS
Under IDEA, parents have the right to be involved in any decisions about their child's education, including changes to the IEP. Generally, significant changes require parental consent. However, minor adjustments may not always necessitate explicit approval. States may have specific regulations that further clarify these processes.
Examples of Allowable Changes Without Parental Consent:
Change in Service Provider: If a school district needs to change the individual providing a service (like a speech therapist), they may do so without parental consent as long as the service remains the same. For example, if a school hires a new speech therapist who provides the same level of service, this change can typically be implemented without informing parents first.
Scheduling Adjustments: Minor changes to how or when services are delivered can also occur without parental consent. For instance, if a school decides to shift a child’s occupational therapy sessions from Thursday mornings to Wednesday afternoons, this is often permissible, provided the overall services remain unchanged.
CLERICAL ADDENDUMS
In addition to these examples, clerical addendums can be made to the IEP without parental consent. These might include corrections of typos, updating contact information, or making minor adjustments to the language used in the IEP that do not alter the educational plan. For example, if a student’s name is misspelled in the IEP, the school can correct this error through a clerical addendum without needing parental approval.
PRIOR WRITTEN NOTICE
Regardless of whether parental consent is required, districts are typically obligated to provide a Prior Written Notice (PWN) when changes are made. This notice, which may be referred to by different names in various states—such as "Notice of Proposal or Refusal to Change" or "Notification of Change"—serves to inform parents about the changes, the reasons for them, and any options available. This ensures transparency and allows parents across the country to stay informed and involved in their child's educational journey.
WHAT HAPPENS IF PARENTS DISAGREE?
If a school makes a change to an IEP and the parents do not agree after receiving the PWN, several steps can be taken:
Discussion with the IEP Team: Parents can request a meeting with the IEP team to discuss their concerns. Open communication can often help clarify misunderstandings and lead to a resolution.
Formal Dispute Resolution: If discussions do not resolve the issue, parents can explore formal dispute resolution options, such as mediation. Mediation is a collaborative process where a neutral third party helps both sides reach an agreement.
Due Process Hearing: If mediation is unsuccessful or not pursued, parents have the right to request a due process hearing. This is a legal proceeding where an impartial hearing officer reviews the case and makes a binding decision.
Maintaining Current Services: Until the dispute is resolved, parents can request that their child continues to receive services as outlined in the previous IEP. The school must maintain the status quo until a final decision is made.
Consulting an Advocate or Legal Counsel: Parents may also benefit from seeking advice from a special education advocate or legal counsel who can help navigate the process and advocate for their child’s needs.
AN EXAMPLE THAT REQUIRES PARENTAL CONSENT:
A significant change, such as altering the educational goals or modifying the type or frequency of services, would require parental consent. For instance, if the IEP team decides to reduce the number of hours a child receives special education support from 10 hours per week to 5 hours, this change must be discussed with parents, and their consent is necessary before implementation.
—
It’s essential for parents to remain engaged in the IEP process and to ask questions if they feel uncertain about any changes. At ConnectEd Advocates, we are here to empower you with information and support to ensure your child receives the education they deserve. If you have concerns about changes to your child’s IEP, don’t hesitate to reach out to us for assistance!
RESERVE YOUR NO-COST CONSULTATION TODAY!
Present Levels of Performance: Why it Matters in Your Child’s IEP
The Present Levels of Performance (PLOP) is the foundation of your child’s IEP, offering a clear picture of their current academic and functional abilities. It guides the IEP team in setting meaningful goals and selecting the right supports. As a parent, your input is critical—whether it’s contributing insights, requesting updates, or ensuring the PLOP reflects your child’s true needs. At ConnectEd Advocates, we empower families to take an active role in the IEP process, ensuring your child’s strengths and challenges are accurately represented.
Read more on how PLOP updates during annual reviews, addendums, and even emergency meetings can shape your child’s educational success!
When it comes to creating an effective Individualized Education Program (IEP), one crucial component is the Present Levels of Performance (PLOP). This section lays the foundation for the entire IEP by providing a comprehensive snapshot of your child’s current abilities and needs. At ConnectEd Advocates, we understand the significance of PLOP and are here to guide you through its purpose, challenges, and value.
WHAT IS THE PRESENT LEVELS OF PERFORMANCE (P.L.O.P.)?
The Present Levels of Performance is a detailed summary of your child’s academic and functional performance. It covers what your child can do now and where they are struggling, based on recent evaluations and observations. The PLOP includes:
Academic Performance: Details about your child's proficiency in reading, math, writing, and other core subjects.
Functional Performance: Information on daily living skills, social interactions, communication abilities, and behavior.
Strengths and Needs: An assessment of what your child excels in and areas where they require additional support.
WHY IS P.L.O.P. IMPORTANT?
Establishes a Baseline: The PLOP provides a starting point for setting realistic and measurable goals. It helps ensure that the IEP is tailored to your child’s unique needs and abilities.
Informs Goal Setting: By understanding where your child currently stands, the IEP team can develop goals that are both challenging and achievable. These goals are designed to address specific areas of need and leverage your child’s strengths.
Guides Instructional Strategies: Knowledge of your child’s current performance helps educators implement appropriate teaching strategies and accommodations to support their learning effectively.
CHALLENGES WITH P.L.O.P.
While the PLOP is essential, several challenges can arise:
Inconsistent Data: Sometimes, the data used to create the PLOP may be inconsistent or outdated. It’s crucial to ensure that the information reflects your child's current abilities and needs accurately.
Misinterpretation: There can be a risk of misinterpreting the data. A detailed understanding of the PLOP is necessary to avoid setting goals that are either too ambitious or too lenient.
Lack of Parent Input: Parents are a vital part of the IEP team, yet their insights and observations are sometimes overlooked. It’s important that your perspective is considered to ensure the PLOP truly reflects your child’s performance.
THE VALUE OF A WELL-DEVELOPED P.LO.P.
Ensures Comprehensive Planning: A well-crafted PLOP helps create a well-rounded IEP that addresses all aspects of your child's education and development, not just academic performance.
Promotes Effective Advocacy: With a clear understanding of the PLOP, parents and advocates can better advocate for necessary supports and services. This clarity helps in negotiating with the school team and ensuring that the IEP reflects your child's true needs.
Enhances Collaboration: A thorough PLOP fosters better collaboration between parents, teachers, and specialists. It creates a shared understanding of the child’s needs and helps align efforts to support their growth.
UPDATING THE PRESENT LEVELS OF PERFORMANCE
The Present Levels of Performance (PLOP) is not a static component; it should be updated regularly to reflect your child’s evolving needs and progress. The PLOP is initially developed during the creation of the IEP and is reviewed at least annually during IEP meetings. However, it is important to keep the PLOP current and relevant by updating it in various scenarios:
Initial Draft: The PLOP is first established during the creation of the initial IEP, based on comprehensive assessments and observations.
Addendums: If there are significant changes in your child's performance or needs that occur between scheduled reviews, an addendum can be used to update the PLOP.
IEP Reviews: During the annual IEP review, the PLOP should be revisited to ensure it accurately reflects your child's progress and areas requiring continued support.
Emergency Meetings: If there is an immediate concern about your child's performance or well-being, an emergency meeting can be convened to update the PLOP and adjust the IEP as necessary.
Behavior Intervention Plan (BIP) Reviews: When a BIP is in place, the PLOP should be updated to reflect any changes in behavior and the effectiveness of the intervention strategies.
Regular updates to the PLOP ensure that the IEP remains a dynamic tool that accurately supports your child's educational journey and addresses their current needs effectively.
PARENT INVOLVEMENT IN THE PRESENT LEVELS OF PERFORMANCE
One of the most crucial aspects of the IEP process is the involvement of parents in the development of the Present Levels of Performance (PLOP). While school staff typically draft the initial PLOP based on assessments and observations, parents have a significant role to play in shaping this component of the IEP. Parental rights and involvement may include:
Discussion and Input: Parents have the right to review and discuss the PLOP with the IEP team. This collaboration ensures that the PLOP accurately reflects not only the data collected by the school but also the parent’s observations and insights about their child’s performance and needs.
Adding Information: If parents feel that certain aspects of their child’s performance or behavior are not adequately represented in the PLOP, they can request additions. This could include observations about home-based skills, social interactions, or any recent changes that might impact the child’s educational experience.
Requesting Changes: Parents can also suggest modifications or removals from the PLOP if they believe that certain elements are no longer relevant or if new needs have emerged. The IEP team must consider these suggestions and discuss them to reach a consensus that ensures the PLOP remains comprehensive and accurate.
Formal Review: Any disagreements or concerns about the PLOP that cannot be resolved through discussion can be addressed through formal dispute resolution processes. This may include mediation or a due process hearing if necessary.
Active parent involvement is crucial in ensuring that the PLOP provides a true and holistic picture of the child's performance and needs. At ConnectEd Advocates, we are committed to supporting parents in their role and ensuring that their voices are heard in the IEP process. If you need assistance with reviewing or discussing the PLOP, our team is here to help guide and advocate for your child’s best interests.
—
For personalized support, visit our services page or send us an inquiry or request your FREE CONSULTATION. Let’s work together to advocate for the best outcomes for your child.