Annual Review

[TN Mom]

Due to a recent medical diagnosis that affects my vision, cognition, and verbal expression( inability to speak fluently), I submitted a letter to the LEA requesting an extension of the tentative date.

 

The response was that the meeting must be held on or before this date. I understood that it would render them out of compliance with the state, however I believed that having a competent advocate/parent present was tantamount to assuring an adequate IEP.

 

Surprisingly enough, the date for annual review has come and gone. No invitation, according to the state DOE has been generated, and they are effectively out of compliance. No, the IEP doesn't expire and I expect that what is now written will continue until a meeting date, time, and place is agreed upon.

 

Do I have any parental right to request the extension?

 

 

 

 

 

 

 

 

[Carolyn Rowlett]

In my opinion, you would be entitled to request an extension, since IEP meetings must be held at  "mutually convenient dates and mutually convenient times" according to the IDEA.  You have a very valid reason for asking for an extension - a medical condition that affects your ability to "participate meaningfully" in the meeting.  Yes, the school district may be considered to be out of compliance, but the state DOA will not likely hold them accountable since the parent requested an extension.

Instead of sending a letter to the LEA (who may or may not understand all the nuances of special education law), I would send a letter/email to the director of special education - explaining the situation and providing some meeting dates that you are available for the annual review.

[TN Mom]

Surprisingly enough,  hours after my request for an extension was submitted to the director, I received an email asking for meeting availability. 

I am saddened more than shocked as, in the long run,  there is a kid who is affected; my kid.

I will be prayed up,  present and  prepared.  We will begin our search for an advocate in the morning and proceed from there. 

Did I mention not receiving a response from the director?