Rescinding signature on IEP or manifestation

[timfromkeene]

Last year I signed my son's IEP, he has been in sped for 8 years, then remembered that his BIP was not attached. I was asking about stuff that should have been there all along and no one knew what I was talking about prior to or during the meeting. Then I went home and remembered the BIP. I sent an email within 24 hours and the Special education director replied to me that I could rescind my signature if I wanted to and sign my son out of special education all together if I wanted also. That was done within the first 24 hours after my signing the IEP. So I am now in the midst of mediation, what a joke without an attorney!! If education law is handled as administrative law and I have rescinded my signature within 24 hours and LEA signed it but the special education coordinator, who is the supervisor of sped for the district, never signed the IEP is it a valid IEP. In contract law, which too is administrative law, you have 24 hours to change your mind say I walk into a car dealer and buy something sign financing papers then go home and realize I made a mistake I can rescind my signature within 24 hours and not be held accountable to the contract I signed.
What I am wondering if I rescinded my signature on that IEP and they accepted my rescinding it then is there an IEP in place or do we use the old IEP?? I did not revoke my son's special education so please do not go there with me. I need someone who knows what they are talking about on this one as they will not write a new IEP while I am in mediation and will not write one for another 4 months according to the mediation agreement. I go back on Dec. 7th for the remainder of the mediation.

[jdeekdee]

Why are you in mediation if sped director says it's ok to rescind your agreement of IEP?

[sld123]

what st is this?

if you change your mind in agreeing to a newly proposed iep, in writing, before it is implimented, the 'stay put' iep is the last one all agreed with

[pandora]

I think you're saying you haven't yet rescinded anything, and that may be the way to contiinue. I've never heard of un-rescinding, and I can't tell if that's what you're asking about.

If you're unhappy with part of the IEP, you can rescind and change that to "I agree with everything except ______"
Or just rescind the new IEP and state that you expect the former IEP to continue in force until matters are resolved, at which time you will sign a new IEP.,

Do not sign your kid out of sped. The district would love that and there would vbe no further reason for mediation.

[dihicks6]

Why are you in mediation? Did you request it? You do not have to agree to anything they offer in mediation. Don't sign anything. Just document by letter that you are withdrawing from mediation and are requesting another IEP meeting. In order to exit your child from sped they must perform a full re-evaluation, and then you have the right to request an IEE (independent educational evaluation) after that. They will be in violation of state regs if they refuse to give you an IEP meeting 'within a reasonable" amount of time after your request.

We could help you more if we knew what state you are in. Good luck!

[timfromkeene]

We are in mediation because he had some behaviors that came up and he was suspended they wanted a safety assessment done and I wanted to know what docs they were going to release and would not consent to the eval. until they let me see the docs. They were afraid I would not let the evaluation happen, I wish I hadn't, so they asked for mediation. We are in NH federal law is still good here I think!! The problems all started when we had a team meeting last year and the draft IEP, that all agreed to, was never put in place and some new junk IEP was drafted before the annual meeting. The first two pages looked and sound like the draft IEP. So I signed it not know what an IEP should read like. Now upon reading it I have found that there are no services in the IEP for my 18 year old son!!!! I do not have the stomach for due process but would love to be able to afford an attorney to do it. The thing is they are holding my son's education hostage and he is getting to the point where he will dropout soon if they keep up this crap

[jdeekdee]

If I'm not mistaken, you do NOT have to go ahead with mediation. You can cancel it. In lots of states, it's 'voluntary' and useless.

Request in writing to view any documents under FERPA law. if they refuse, file complaint.

[sld123]

Nov 18, 2009 15:10:57 GMT -5 timfromkeene said:

We are in mediation because he had some behaviors that came up and he was suspended they wanted a safety assessment

/manisfestation determination?
groups.yahoo.com/group/IEP_guide/links

by whom? purpose?


done and I wanted to know what docs they were going to release

/you should have a copy of your child's full ed file

release to whom and you can specify

and would not consent to the eval. until they let me see the docs. They were afraid I would not let the evaluation happen, I wish I hadn't, so they asked for mediation.

/they could have filed for due process to get an order

We are in NH federal law is still good here I think!! The problems all started when we had a team meeting last year and the draft IEP, that all agreed to, was never put in place and some new junk IEP was drafted before the annual meeting. The first two pages looked and sound like the draft IEP. So I signed it not know what an IEP should read like. Now upon reading it I have found that there are no services in the IEP for my 18 year old son!!!!

I do not have the stomach for due process but would love to be able to afford an attorney to do it. The thing is they are holding my son's education hostage and he is getting to the point where he will dropout soon if they keep up this crap

www.nhedlaw.com/

alpha.fdu.edu/psychology/JWVITA.htm

and, even if you signed it, you were alone and lulled into believing it was legally sufficient but there is a time limit...

[timfromkeene]

I filed a FERPA complaint yesterday lots is not being made available to me how do I proceed in good faith when they will not provide all the documents?

We are in mediation because he had some behaviors that came up and he was suspended they wanted a safety assessment


1)/manisfestation determination?
groups.yahoo.com/group/IEP_guide/links

by whom? purpose?

The principal suspended him for 5 days pending the results of a safety assessment. Things got dragged out and the superintendent extended it to the assessment results. I asked for a hearing and have a recording of my asking him for a hearing that was 3 weeks ago. I just got an email back the day before mediation saying bring that up at mediation. The evaluator is a Dr. out of Brattleboro Vermont if you read what he writes in Clinical interviews for adolescents And I am paraphrasing.... any kid with a sped file has a mark against them from the onset. The guy even went on to say my son had an emotional disturbance without his doing any quantitative testing on my son. The prior school evaluation found him not to have an emotional disturbance but the school psychologist left that up to the team to decide. I am not sure if "the team" can decide that if the evaluation does not detect it. I have asked for an IEE and they said take that up at mediation ...of course it was not addressed. Another point of interst is this Dr. found that my son was not a physical threat for violence. But he said he posed a significant risk for psychology violence...he has outbusts and loses his temper mostly when they were not following his BIP or kids would do stuff to him. His behaviors escalted after they put him in the school for emmotionally disturbed kids, imagine that!! Put someone in prison for non payment for child support and what do you get afterwards? A better citizen or criminal?


2)done and I wanted to know what docs they were going to release

/you should have a copy of your child's full ed file


They are not releasing his whole file all correspondence,notes,observations, testing emails etc etc and I can not find any PWN for the recoding of my son to Emotionally disturbed or permission to enroll in a ED school which was not accredited or chartered with the state but run by the district.



3)and would not consent to the eval. until they let me see the docs. They were afraid I would not let the evaluation happen, I wish I hadn't, so they asked for mediation.

/they could have filed for due process to get an order
I realized they could have filed for due process and they were withholding his education from him also there was never a conclusion to the manifestation meeting even though I requested it many times. There was never an authorization for services and he barely got anything until 2-3 weeks after the suspension, Sept 30th, he was perhaps been in tutoring for 2 weeks now. In mediation I got an additional 5-10 hours of tutoring a week not schooling but tutoring.

4)and, even if you signed it, you were alone and lulled into believing it was legally sufficient but there is a time limit...

I rescinded my signature the day after I signed the IEP and two more times since and I have been asking for a IEP team meeting since June of last year and have emails acknowledging my request but no meetings. He got suspended on the 2nd day of school then upon his return from the suspension and then 2 weeks later he was suspended for 5 days pending a safety evaluation, for calling a girl a slut and saying some other things he should not have said. He is no angel by any means he does have behaviors that need/needed addressing and a better IEP?BIP but they do not want him there anymore and they are willing to go to any length to accomplish it. I am sure many parents give up the fight because the district has the funds and their child’s education in their control. I know I have a winning due process case but in the meantime I have minimal education for my son who turns 18 today and who is sick of the run around they are giving him and the lack of services they have promised but not delivered. I am sick of it myself and have spent many sleepless nights trying to figure this mess out. I do not have 5-10 grand for an attorney that I am willing to lose. I did hire one and did not ask him questions like have you ever been to mediation before (no!!!) or Due process (no!!!) until two days after I gave him the retainer and what file I had. Never did he request the file from the district.
I have talked to other attorney and they either are too busy or say that it is too late in the process for them to jump in. I guess no one likes mediation. I didn't like it either and was sick at the end of the seesion,6-7 hrs andhad flu like symptoms. They walked out on me when I was asking for a better IEP and would not sign their agreement. I almost tore it up, man I wanted to. I have been operating in good faith all along here hoping the district truely had my sons best interest.

[dihicks6]

Have you considered filing formal state complaints for all their violations? It may turn their attention to something else besides trying to screw your son out of an education. Here is what I would file complaints for:

-Changing classification on IEP without parental input, and appropriate evaluations.
-No PWN for anything they have refused or proposed to do (list them out).
-No formal manifestation determination results. (Here are some sites to read up on this. They have really dropped the ball here.)
www.ldonline.org/article/What_is_a_Manifest_Determination_Meeting%3F

Here are some OSEP (the federal agency that oversees the state ed depts) letters regarding what is legal re manifest determination meetings and what isn't. Read them carefully!
www.ed.gov/policy/speced/guid/idea/letters/revpolicy/tpmandet.html

More violations:

-Denial of FAPE
-Refusal to schedule an IEP meeting, per parent request.
-Refusal to allow access to educational records (this is also a violation of IDEA, in addition to the FERPA regs.)
-Refusal to provide IEE after parental request.
-Failure to revise BIP after parental request.
-Change of placement without parental input, (IEP meeting? Was one held?).

If you need help with the letters for the complaints and/or to withdraw from mediation, post and we'll help. Idiot school district.

[timfromkeene]

partiesed a state complaint and they filed for mediation which stayed my complaint pending the outcome of mediation and I am sure if I did not strike an agreement with them they would have filed a due process or done nothing. I guess I could withdraw my mediation agreement as they have left me with no way to communicate with the district other than this lady who overseas out of district placement, but I do not have any email, mailing address or phone number at which to contact her. I was sick when I signed the mediation agreement and it is legally binding in a court of law. I guess if I pull out they could sue me for attorney fees to bring action against me for withdrawing. There is a clause in the mediation process for the state of NH which states

"Activities Prior to Mediation
1. Not later than 10 days prior to the session each party must submit to the mediator and all other parties a summary of the significant aspects of their case. Each party must attach copies of all documents on which they rely to the summary; such summaries will be not more than 4 pages.
2. Upon receipt of a party's submission, any party may send to the mediator and all other parties’ additional information responding to that submission."

i tried to send something but the attachment did not go through because of operator error...mine!!

so possibly that give me an out from the agreement but it is an interim agreement and we reconvene on Dec 7th Can I legally without retribution pull out of mediation and proceed through the complaint process? But they are giving him only tutoring and there is no PWN/WPN for htat either!!!! Big mess I hate it

[timfromkeene]

ooops partiesd? I did file a complaint they then filed for mediation

[dihicks6]

What was your original formal state complaint based on?

[dihicks6]

Here are two attorneys maybe in your area?

JAMES M. BARON, ESQ., M.ED. (Attorney)
LAW OFFICE OF JAMES M. BARON
9 SPRING STREET
WALTHAM, MA 02451
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Website: www.lawbaron.com

THERESA KRAFT, ESQ. (Attorney)

6 CHENELL DRIVE, SUITE 270
CONCORD, NH 03301
Phone: [phone]
Fax: [phone]
Email: [e-mail]

[dihicks6]

Also wondering why mediation would be used when you filed a complaint? Either they are guilty or not.

[dihicks6]

As far as I know, mediation is voluntary. All of the info below came from this site:

www.ed.state.nh.us/education/laws/documents/UserGuidewithIndex.pdf



NEW HAMPSHIRE STATE DEPARTMENT OF EDUCATION
USERS’ GUIDE TO ADMINISTRATIVE PROCESS
101 Pleasant Street
Concord, N.H. 03301
FAX [phone]
Citizens Services Line 1-800-339-9900

AGREEMENT TO MEDIATE

1. I understand that mediation is VOLUNTARY, and that I have chosen mediation as an alternative to hearing.
2. I understand that by VOLUNTEERING to mediate, I am doing so because I want to attempt to settle my case rather than appear at hearing on this date.
3. I understand that I may stop the mediation or the mediator may stop the mediation at any point or for any reason.
4. I understand that I am not required to mediate and that I may have my case heard by a Hearing Officer instead.
5. I understand that I may choose at any time and for any reason to, end the mediation without penalty. Furthermore, I understand that if I choose to end the mediation I may still pursue my case at an impartial due process hearing.
6. I agree that I will enter into the mediation session(s) in good faith and that all mediation proposals will be made in good faith.
7. I understand that if I do reach an agreement through the mediation process, the agreement is legally binding and can be enforced in court.
8. I understand that I may return to mediation, should a change in the mediation agreement need to be made.
9. I agree not to use any of the information gained in the mediation session against the other party.
10. I understand that the mediation process is strictly confidential, and that no part of the discussion with the mediator, excluding violence or threats, is ever reported outside the program.
11. I agree that I will not subpoena the mediator to testify in any court proceedings connected with the mediation session or other activities related to the New Hampshire State Department of Education Alternative Dispute Resolution Program.
PLAINTIFF: DEFENDANT:
Date:
(Form ADR-M B) 5

Here is the form to withdraw from mediation:

NEW HAMPSHIRE STATE DEPARTMENT OF EDUCATION
USERS’ GUIDE TO ADMINISTRATIVE PROCESS
Written Request for Withdrawal of Alternative Dispute Resolution Proceeding
To: ____________________________________
[enter Mediator/Neutral name here]
From: ____________________________________
[enter your name]
Copy: Stephen W. F. Berwick, Legislation/Hearings
Date: ________________________
Case #: _________________________
I/We, the undersigned, as a result of _______________________________________, request
[enter reason for requesting withdrawal]
that the proceeding scheduled regarding the above-named case be withdrawn. I/We certify that a copy of this request has been sent to the opposing party.
_____________________________________ _______________________________
Signature Date
_____________________________________ _____________________________
Signature Date
(Form ADR-A) 2

[dihicks6]

At the very bottom of this page, there is contact info (email & phone) for questions regarding complaints. See what they say about withdrawing from mediation.

[dihicks6]

Would be helpful if I posted the link, LOL!!!

www.ed.state.nh.us/education/laws/FrequentlyaskedquestionsaboutComplaints.htm

[sld123]

voluntary mediation on st complaints is now part of idea, 2004

Nov 19, 2009 7:19:46 GMT -5 dihicks6 said:

Also wondering why mediation would be used when you filed a complaint? Either they are guilty or not.

[sld123]

what does your son need?

[dihicks6]

State or school never req mediation when I filed and it was in 2005. Probably varies from state to state. Anyway, it's voluntary.

[sld123]

it's this little reg. in idea 2004 which was enacted june or july 05 and they all needed new trainings to get up to speed it does not say required

[jdeekdee]

In my state GA the state complaint form asks if you want mediation (voluntary) I really believe this is because state wants parent and school to settle the problem so the complaint will be dropped and they won't have to investigate.
The thing is, mediation is useless and is actually a stall tactic.

[sld123]

i loved mediation in 2000, for a compliance matter, no way they could get out of it so we prevailed

[timfromkeene]

Let me ask this if he had a manifestation meeeting last year a subsequent FBA and BIP does the BIP have to be followed if it is admited by the district that it exists, they modified it by the way without a team meeting that i was ever invited to. They sent me a letter saying here the BIP you were asking about!! it has a modification done two days after the IEP meeting which was never mentioned at the team meeting and the special education coordinator never signed off on the IEP and I rescinded my agreement. . I guess my big question is if they acknowledge the BIP but is not mentioned in the IEP is it a valid part of his IEP at all. Please clarify the significance of a Behavior Intevention Plan

[dihicks6]

BIP must be included in the IEP, either in the document or as an attachment. More violations for revising it without parental input, or invitation to the meeting at which it was revised. What did they base the revisions on? Were there more evaluations? If not, doesn't mean much. And, definitely yes, the BIP must be followed or the suspensions should be removed from his record. Start filing complaints, after you withdraw from mediation.

[pandora]

I think the question is not so much whether the entire BIP is valid but rather, are the additions made without the parent valid?

[timfromkeene]

Where is that written about the BIP must be followed and attached to the IEP please cite where thanks

[sld123]

iep form should have special factors part which includes behaviors

[dihicks6]

This is an OSEP site and OSEP is responsible for overseeing the states' enforcement of IDEA:

idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C7%2C

Question E-2: Under what circumstances must an IEP Team use FBAs and BIPs?

Answer: As noted above, pursuant to 34 CFR §300.530(f), FBAs and BIPs are required when the LEA, the parent, and the relevant members of the child’s IEP Team determine that a student’s conduct was a manifestation of his or her disability under 34 CFR §300.530(e). If a child’s misconduct has been found to have a direct and substantial relationship to his or her disability, the IEP Team will need to conduct an FBA of the child, unless one has already been conducted. Similarly, the IEP Team must write a BIP for this child, unless one already exists. If a BIP already exists, then the IEP Team will need to review the plan and modify it, as necessary, to address the behavior.

An FBA focuses on identifying the function or purpose behind a child’s behavior. Typically, the process involves looking closely at a wide range of child-specific factors (e.g., social, affective, environmental). Knowing why a child misbehaves is directly helpful to the IEP Team in developing a BIP that will reduce or eliminate the misbehavior.

For a child with a disability whose behavior impedes his or her learning or that of others, and for whom the IEP Team has decided that a BIP is appropriate, or for a child with a disability whose violation of the code of student conduct is a manifestation of the child’s disability, the IEP Team must include a BIP in the child’s IEP to address the behavioral needs of the child.


--------------------------------------------------------------------------------
Question E-3: How can an IEP address behavior?

Answer: When a child’s behavior impedes the child’s learning or that of others, the IEP Team must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior (34 CFR §300.324(a)(2)(i)). Additionally, the Team may address the behavior through annual goals in the IEP (34 CFR §300.320(a)(2)(i)). The child’s IEP may include modifications in his or her program, support for his or her teachers, and any related services necessary to achieve those behavioral goals (34 CFR §300.320(a)(4)). If the child needs a BIP to improve learning and socialization, the BIP can be included in the IEP and aligned with the goals in the IEP.