My nephew has an IEP. TPS broke IDEA( Ind. with Disabilites Act) by writing the IEP ( Ind. Education Plan) and not contacting my sister or going through all three steps. Long story but is sister is not a strong advocate. But on this one they NEVER contacted her that I or she knows of and never wrote a letter or visited as is written in the statue. According to the Statue 300.320, they broke the rules.
The school says they WILL not talk to me unless I have guardianship of him. There is a note in his file signed by my sister that I can have all and any info I request. When asked about TPS policy per IDEA, they said they are in compliance with State regs but doesn't fed trump State? I was asking very general policy questions and not specific info as they were not allowed to discuss the indivual case with me.
I am looking for help, can I do a Power of Attny or can they sign something that says I can act as his advocate? I am in uncharted waters and if anyone can help it is appreciated!
There are free advocates through The Ability Center of NW Ohio. Perhaps Suzanne VanHee (advocate) can help with your needs and explain what steps to follow.
I have referred many parents to the Ability Center. However, if you need to go beyond an advocate, consider Thomas G. Zraik who is an attorney specializing in special education and disability law.
As a parent who has 2 kids that have been on IEP’s in the past, I know the drill and procedures for parental consent and participation. IEP’s are not a bad thing, a lot of parents like them for their kids for the specialized educational parameters that they allow I. e. extended time to take tests if needed. IEP’s are written every 3 years with an annual review done yearly. When the initial IEP is written, there are evaluations be all teachers concerned, a school psychologists, a district representative, and the parent(s). Progress reports are sent home twice a year based on the IEP.
What is interesting is that the school is ignoring you. I have never had something like that happen. I was not able to attend an IEP review once due to being out of town and I had my mother attend in my place. All I had to do was notify the school in writing that she would be there and why and there was no problem. So, for TPS to be shutting you out is a big no-no. I would REALLY try to find out what is in the IEP first.
Has your sister received a copy of the IEP? Did she sign it? If she has seen it did she object to any provisions in it that she doesn’t agree with in writing as allowed by the state? Who else signed it? Has she seen a copy of the psychological review? She has access to all of these records and since you have been designated by her to participate, have you seen any of them?
If you are unable to get your hands on any of these documents, I would contact the state Department of Education or the AG’s office. Also, hiring an attorney would be a very good idea. You could try the district first and hope for the best.