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IEP not being followed/FBA and OT Assessment pending/BIP is refused ......



I am assisting to with my nephews IEP. (He's in the 7th grade and 13yr old)

We finally got an IEP 2/27/2023, previously being declined and had to get an IEE. The behaviors of inattention and impulse control are high level. School keeps saying his behaviors are typical for middle school and don't require a BIP or any other positive plan. (we have tried for the past year and things have escalated to worse)

  • Mom gets contacted at least 4 x monthly if not more
  • this past week in one day 3 incident happened
  • Son is feeling singled out, targeted, staff says he's a regular to detention at lunch, staff has labeled him as a ring leader to a group....so much more
  • School refuses to provide a written account (mom doesn't want to speak by phone for documentation purposes)
  • Mom requested FBA and OT (Evening of 2/26/24)
  • District said they had questions about the request and mom doesn't want to speak by phone and asked for questions in writing and nothing.
  • They weren't following his IEP through the end of January of 2024
  • Former case manager has been lying, we have emails, very unprofessional with District present at IEP in Dec. She was removed as the case manager and a new one was assigned. (Former case manager when addressed early on started being mean to student which is another reason she was removed)
  • Former case manager is the staff targeting student/nephew now.
    • such as he used the bathroom, writes time on board with a pass, writes time when he returns. He was seen leaving the bathroom and his friend came out so it was assumed they planned a meet up. No one from school will tell mom what happened and consequences was lunch detention 2 days. Two days later he was informed he now can only use the office bathroom. The following day, he was informed he has to get a staff escort to use the bathroom.
    • Nephew swears nothing happened, he didn't ask friend to meet, friend saw him since the bathroom was by his class.
    • The staff questioning was passing through the hall and not his teacher that period. She went to his class and told his teacher and pulled him out of class and gave the detention for meeting a friend. They wouldn't listen to him.
    • Detention teacher made her comment that he was her regular and kids starting asking if they were a regular and she was answering yes or no.
    • There's emails back and forth and going nowhere, there's more
  • Principal emailed this morning saying it's under investigation that the assistant principal will call once its concluded.
    • he said Teachers give referrals and don't call parents although the staff keeps telling the student I am calling your mom.

There is so much going on with this IEP from accommodations not being followed per extra time on assignment, poor grades. (teachers went back one quarter and gave him better grades to appease mom. We haven't addressed it further, so much.

Thank you for reading!

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One thing I remember being told by my child's behavior specialist is that the different between typical & disabled is often frequency, intensity and/or duration.  I'd ask for data on a typical classmate as to how often other students experience the same things.

My thought on advice for the mom:  Where do you live?  Are you allowed to record a phone call w/o permission of the other party?  (Not legal where I live.)  You can record calls if this OK where you live since the school seems to not be willing to communicate in writing.  If permission is needed, the mom can reply:  Please call me after 2 pm.  Please be aware that I will be recording this call.  Your calling me means that I have your permission to record this call.  There are apps on cell phone which will allow calls to be recorded but I'd test them out ahead of time.

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First, have all of the points made in this article been addressed?

The Many Flaws of School FBAs and Behavior Plans

That's at least your starting point. My guess is no, since he just got an IEP two weeks ago.

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I am new and trying to figure the site out and responding to each of you.

  • We are in California
  • IEP started 2/27/2023
  • We have to get permission to record (when it's a IEP we record)
    • I like the suggestion about time and stating I will be recording
  • I will read the article, thank you! So overwhelming


We reached out to the Superintendents office to get help to resolve our concerns. We continue to have a breakdown with communication from the District Program Manager in addition to the staff at the school. (we have one person that's been trying to help us at the school and it's tough)

We had the annual IEP on 3/14/24 and the 16th day since requesting for an assessment. The email from the district on the 15th day said we will discuss at the annual. We had to wait until the end of the meeting and excuse the teachers before the district would address. Further, she said we weren't going to agree however now we are going to do the assessment. We will send you the plan and once you consent, we have 60 days to test and meet to discuss the results. Just because we test doesn't mean we will implement any further results.

On day 13th District tried calling the parent to discuss however she wasn't comfortable and wanted to communicate by email. At the annual IEP, the district addressed this and said there's not a set question and she didn't get the information needed. It was a silly response and she was clearly asserting her power and expressing it's on her terms.


My question now:

Since being told verbally on 3/14 that the assessment will be done, how long do they have to provide parent with the plan to sign? There has been no communication to the parent and district HR is also working behind the scene, not pleased with how this is being handled.



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I'm confused as to the timelines you have listed. Using either 3/14 or 3/16, barely a week has passed.

Each state has their own set of timelines. A state can do more than what IEP calls for (in favor of the student) but it cannot do less.

In most cases, IDEA does not even define timelines but uses vague language like "reasonable." Most would find 5-7 days still reasonable.


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Give them a week.  Write a polite letter: 

Dear School- 

On March 14, we met for xx's IEP meeting.  After the meeting, we discussed an FBA being done so we can better understand the behaviors that xx is exhibiting at school.  I'm anxious to get the paperwork to sign so that we can move forward with completing the FBA.  When can I anticipate receiving the paperwork?  Will it be sent electronically, by USPS or will it be given to my child to bring home? 

Thank you,

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The FBA was sent 2/26/2024 (evening so received on 2/27/2024), the 16th day since the request was made fell on the day of the annual IEP (3/14/2024). Verbally the district said they would do the FBA assessment and consult for the OT. They made it clear it doesn't mean it will result in supports being added and they have 60 days once the assessment plan is signed.  They want to talk on the phone and not fully address or respond in writing. (The Assessment plan and PWN was emailed 3/19/2024)

There is not mention of OT or declining the assessment. There is false claims by the district on the AP stating they offered supports that were decline, reasons for testing, stating their data shows a decrease in behaviors and more.

This is very messy, again when asking questions, we still haven't gotten answers and parent hasn't signed the AP not feeling comfortable to the incorrect details. The request to provide the data they have has gone ignored as well as tell me what additional supports were offered that was declined? Again, no answer.

An email was sent 3/27/2024 evening and the case manager emailed 3/28/2024 stating the District program manager will respond. In this email parent gave PWN with hopes to get a response. Still nothing and perhaps the Directors vacation played a role and might respond today.

It feels like a game of back and forth and dealing with a fine line of out of compliance, such as the FBA/OT Request, it took  21 days total to receive the plan.

It's a lot to try to write every detail.

Thank you!

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"In this email parent gave PWN with hopes to get a response."  Only the school can give PWN.  A parent cannot.

I know one of the things Lisa suggests is to follow up IEP meetings with a written summary.  This way, if "Verbally the district said they would do the FBA assessment and consult for the OT.", you have emailed this info to the school and the email ended with "please get back to me if I didn't get this right".  If they don't respond, you can assume they are in agreement.

Was a parent concerns letter written about the inaccuracies in the AP and that being the reason it wasn't signed?  I've always felt the IEP process paralleled a game of chess.

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