School refusing to attach the Individualized Health Plan to the IEP

[Mel]

Minnesota

We got the IEP draft today. In the pwn, the school is refusing to keep our child's Individualized Health Plan attached to the IEP. They are stating the reason they can't is per the "bases on the principles  for practice guidance provided by the national association of school nurses." And "will only reference the IHP within the accommodations and modification section within the IEP." They are also saying it's recommended to never have it attached to the IEP per other sources. 

When looking at the proposed IEP, all I see on the accommodation section regarding the IHP is "the health office will inform school staff of child's health care plan. It is also available within the school office." There is nothing else listed on the child's need, what concerns there are, health needs, and what actions need to be done when these issues occur ( such as immediate crisis needs or other stuff that can affect her ability to be at the school, or need to be seen or hospitalized). It looks like it is not very easily accessible. We feel this would affect our child's FAPE in the LRE. We originally had it attached last year due to her health needs severely affecting her ability to be in school and wanting to make sure all teachers that work with our child know what to do when she's experiencing them as when it wasn't on the IEP, her needs weren't being addressed. It helped. Now though they are saying it never should have been attached. 

Is it true the IHP can never be attached to the IEP? 

We also never received the updated IHP to sign off, which was supposed to have health needs and information put back in the nurse had taken out. Shouldn't we have had it given to us to to review (especially since it is still attached to the IEP until we sign off on the new proposal)?

[Carolyn Rowlett]

I'll start with a general answer to your last question.  It appears in Minnesota that parents do not have to sign off on any IEP's (with the exception of the initial IEP that begins the special education services).  So if that's what you mean by "sign off on the new proposal," the school district can implement the IEP without you "signing off."

However, I'm a little confused.  You state you received a "draft IEP" and "proposed IEP,"  but also a PWN.  How can there be a PWN if the IEP is only in draft form at this point?  Is this for an annual IEP revision?  Has a meeting been schedule?  If not, you need to request one.  You have the right to participate in the drafting of revisions to the IEP before implementation and receive a PWN detailing what you asked for at that meeting that was denied.

As far as the IHP, I have included a link below to a website that addresses these in detail.  I only did a quick review, but one thing I saw that stood out was that the IHP should be included in the related services section of the IEP because it contains school-related nursing and health services.

Since most of the requirements related to IHP's are left to the states, I have also included a link specific to Minnesota law and policies.

 

https://undivided.io/resources/individualized-health-plan-ihp-in-an-iep-1380

https://arcminnesota.org/resource/arc-guide-to-individualized-health-care-plan/

[Carolyn Rowlett]

Also, when a school district says things like "based on the principles  for practice guidance provided by the national association of school nurses" and "per other sources," ASK FOR SPECIFICS.  Can you send me a link to those guidelines?  What other sources?

[JSD24]

If an IHP is attached to an IEP, you might need the whole IEP team to make changes to it.

I hate IHPs.  There is no agency to oversee that they are followed.  Is there a way to put some of the accommodations in the IHP into the IEP?

You could write a parent letter of concern that you didn't get a copy of the IHP to review.  You can also mention that your concern is the IHP not being followed since it doesn't seem to be as accessible as the IEP.

Sending a PWN with a draft IEP sounds like predetermination...

[Mel]

On 11/4/2023 at 11:56 AM, Carolyn Rowlett said:

I'll start with a general answer to your last question.  It appears in Minnesota that parents do not have to sign off on any IEP's (with the exception of the initial IEP that begins the special education services).  So if that's what you mean by "sign off on the new proposal," the school district can implement the IEP without you "signing off."

However, I'm a little confused.  You state you received a "draft IEP" and "proposed IEP,"  but also a PWN.  How can there be a PWN if the IEP is only in draft form at this point?  Is this for an annual IEP revision?  Has a meeting been schedule?  If not, you need to request one.  You have the right to participate in the drafting of revisions to the IEP before implementation and receive a PWN detailing what you asked for at that meeting that was denied.

As far as the IHP, I have included a link below to a website that addresses these in detail.  I only did a quick review, but one thing I saw that stood out was that the IHP should be included in the related services section of the IEP because it contains school-related nursing and health services.

Since most of the requirements related to IHP's are left to the states, I have also included a link specific to Minnesota law and policies.

 

https://undivided.io/resources/individualized-health-plan-ihp-in-an-iep-1380

https://arcminnesota.org/resource/arc-guide-to-individualized-health-care-plan

Thank you!!

Yes, this was for the annual IEP meeting which we usually have to sign off on. 

They stated in the meeting they were going to unattach the IHP from the IEP, stating they never should have attached it as they were told it is not recommended  at the special education seminar they went to this summer, and also when they consulted with their lawyers.  They had already made the decision before the meeting and said they were doing this. We disagreed and expressed our concerns on this, we also sent a follow up email expressing the concerns so as to have it in writing.

We told them to put it in a PWN and put the exact reason and what statute is stating it can never be attached to the IEP. So they sent the PWN with the comment I mentioned earlier in the revised/draft IEP that they want us to sign and send back. The reason they put in the the PWN though is totally different then what they told us at the meeting. 

[Mel]

On 11/4/2023 at 12:01 PM, Carolyn Rowlett said:

Also, when a school district says things like "based on the principles  for practice guidance provided by the national association of school nurses" and "per other sources," ASK FOR SPECIFICS.  Can you send me a link to those guidelines?  What other sources?

Ok, I will. Thank you!

[Mel]

On 11/4/2023 at 3:14 PM, JSD24 said:

If an IHP is attached to an IEP, you might need the whole IEP team to make changes to it.

I hate IHPs.  There is no agency to oversee that they are followed.  Is there a way to put some of the accommodations in the IHP into the IEP?

You could write a parent letter of concern that you didn't get a copy of the IHP to review.  You can also mention that your concern is the IHP not being followed since it doesn't seem to be as accessible as the IEP.

Sending a PWN with a draft IEP sounds like predetermination...

Thank you!

At the meeting, we did mention about adding what's in the IHP in the accommodations if they didn't want to attach it, but they declined that too....