Is the school required to give you a notice on change of education or placement

[Lesly Nieto]

Si i had an IEP meeting today to add ESY services aswell as accommodations.. when I walked in there were some people there who weren’t even listed on the IEP invite special Ed director school psychologist… well like I said was there for ESY and then I started to talk about changing my son from a cdc class to a regular sped class and moving him to the zoned school which I know if he doesn’t qualify for that service they can do that but my question is shouldn’t they send me a notice or something ? I’m pretty upset that they just got me off guard when I became upset she simply said well it’s up to the principal anyways … I’m just very shocked that they did this without giving me a heads up. 

[Carolyn Rowlett]

As far as all individuals being listed on the Notice of Meeting, yes, the school district is required under the IDEA to list all individuals "who will be in attendance."  However, it is not completely clear whether the school district is required to state specific names or just titles.  Just listing "special education director" and "school psychologist" might be sufficient, unless your state has additional requirements (call your state department of education or look on it's website for a "Parents' Guide" or something similar).  However, it appears that they didn't even do that, so I would say this is a defective notice.

I'm a little confused as to the second question regarding the notice because you state "I started to talk about changing my son from..."  If you mean the school starting discussing this, then yes, the Notice of Meeting should have listed "change in placement" as a "purpose" of the meeting, as required under the IDEA.

[Lesly Nieto]

Ok yes I meant the school sorry .. what should I do? To me it seems like pre determination but it’s hard to prove. 

[Carolyn Rowlett]

It depends on what you are wanting to accomplish.  Did the team decide on placement at the meeting and do you disagree with the decision?  If so, I would start by sending the team an email that you did not receive a Notice that they would be discussing a change in placement so you were unable to "participate meaningfully" in the discussion (required by federal law) and that because of this, you would like to request another meeting.  That would buy you some time to get your thoughts and data together, speak with an advocate, etc.

If that doesn't work, you could file a state complaint.  The compliance issue would not be "pre-determination" (because as you said, this is hard to prove).  Instead, it should be based on the defective Notice of Meeting and your inability to "participate meaningfully" because of not knowing they were going to discuss placement.

[JSD24]

I saw a similar post in another group.  IEP meeting was on Wed & the school wants him in a new building on Monday.  My state's regs say 10 days notice is required to change placement.  Looks like other schools are looking to do this as well.

If your child is currently in a placement outside of your local school, it means that the local school couldn't provided the services the IEP said were needed.  I'd ask what changed?  Did the school hire someone?  Did he needs change where he needed X and has met goals so it's not needed?  I don't think this is predetermination if things changed where he doesn't need the same things he did when he was placed at this other school.  LRE is the law so if the local school is LRE because something changed, I don't think you can fight that.  Find out what changed so you can see if the school's perception is correct or not.

[Lisa Lightner]

ANY change to FAPE requires prior written notice. You said "cdc" in your original post, so I'm guessing that you live near me.

 

Make sure they provide you with a PWN/NOREP, and that you read and use your procedural safeguards. In our state (PA) if you do not sign it within 10 days, it automatically goes into effect.

 

https://adayinourshoes.com/iep-prior-written-notice-pwn/