Consistently missing IEP minutes due to staffing

[Wiscboymom]

Help! I’m not sure how to proceed. I’ve gone up the chain, last meeting was with director of sped 3 weeks ago. I asked for written documentation of minutes in OT, writing, reading, and math intervention. I feel like staff is being told not to do it. I only get a quick initial on days it’s done on child’s behavior daily home sheet. We had the annual IEP meeting day before that meeting to revise goals and accommodations for middle school for next year. Of the 3 weeks since my meeting, my child hasn’t had a single week with all required minutes due to lack of subs, etc.

[Carolyn Rowlett]

With respect to the IEP year prior to the one that started three weeks ago, I would send another (written) request to the spec ed director asking for documentation of minutes for that IEP year.  I would also state in that same email that if you do not receive the documentation, you feel you have no choice but to file a state complaint to get that information.  If you do receive the documentation and it shows minutes were missed, reach out to the team (copy the spec ed director) and ask for an offer of FAPE as to how they intend to provide compensatory minutes.  (Although it varies by state, even if you are owed minute for minute, I would suggest being willing to compromise.)  If you do not receive any documentation, move forward with filing a state complaint on the issue of minutes provided.

With respect to the current IEP year (that you're three weeks into), again, reach out to the team and ask how they intend to make up the lost minutes.  For these, I would be less willing to compromise now and moving forward.  Although you can extend the school district a little grace for staffing issues, it should not last for three weeks.  They need to figure something out whether that be hiring more staff, contracting the work out, reimbursing you for tutoring, etc.

[Wiscboymom]

Thank you so much for your reply. It has been an issue longer than the 3 weeks, I’m just obtaining better proof since the meeting. I will send an email with that verbage. I thought I could handle meetings myself, but at what point am I actually hurting my child’s education by not finding an advocate or lawyer? We are a kinda rural, (at least an hour from major city) so I don’t know how many/how experienced those professionals in our area would be.

[Carolyn Rowlett]

With the prevalence of Zoom, advocates work (and attend meetings) remotely all the time.  I'm assuming from your post name you are in Wisconsin?  If you cannot find an advocate in Wisconsin, advocates can work across state lines, so you might find someone from out of state.

I would try calling your state's department of education before hiring an advocate to see if they could assist in any way with the issues you're having.  Specifically, the department of special education.  Explain that the school district is not implementing the IEP correctly as it is not providing the minutes set forth on the document.