IEP is modified by school without parent's presence/awareness/consent

[Isha Sign]

Hello

We have received our IEP draft for our upcoming meeting and we noticed history "Present level of performance" of last all years is removed. When we asked the school to add them in the draft , they said as below.

"We are unable to keep previous present levels on the IEP. We were just audited and the Policy and Compliance Team wrote this up as an action to be fixed on the audit. Previous present levels can be found on prior IEPs. "

 

Does that mean they have edited our IEP without our consent? We were never notified of such changes.

Isn't this illegal?

 

Please suggest what should I do.

 

 

[Murmer]

It sounds like they have sent a draft that is not a final IEP for the upcoming meeting. The hope would be that they would be putting in new present data that is accurate to your child currently thus not needing previous year data. If this is just a draft then it is likely they have not changed the current IEP that is in place until your next meeting to finalize this draft...When you go to the meeting make sure they are putting in current present data that is accurate.

[JSD24]

Present level of performance.  This is the current level - what is happening now.  The info the school removed is old - you said it's from the last IEP.  There is no requirement for last's years level of performance to be in the IEP.  It might be a good to keep it if it's relevant - like if your child gained 2 years worth of reading levels using XYZ Program.  I'd want that mentioned so it's in the IEP that my child's disability in reading responds to XYZ Program - this intervention works and should be continued.  This doesn't go in the present levels of performance.  Better to mention this as a parent concern that the school continue doing what works.

You said this was a draft.  A draft is a suggestion - not the finalized IEP that was implemented.  Taking this out did not take out a service or a goal.  Nothing wrong with what the school did.  As Lisa would said, this isn't the hill I'd want to die on.  There should be a new baseline in the IEP; recent data.  Including data that's a year old under present levels isn't needed.

[Carolyn Rowlett]

Totally agree with this response.  A draft is still subject to having parent input at the meeting and has not yet been finalized/edited.  I would add that you could send a parent concerns email to the school (examples and suggestions can be found on Lisa's website).  In the parent concerns, you could ask for accurate, current present levels - and, of course, anything else about which you are concerned.

[Household6]

Im my experience as a parent I have often wondered why a history of PLP isn’t maintained on the IEP. 
 

Here’s some guidance on how to get and keep it in there.: https://www.nseai.org/blog/advocacy-parent-iep-concerns-parent-letter-of-attachment

I’d suggest you reduce it down from its full text for the “historical report” you’d like to maintain and attach.