I have an issue with the IEP committee omitting my concerns that where addressed during an IEP meeting in the meeting minutes. I never received a response from the committee regarding my concerns during the meeting, but my concern should still be documented. Is there a law against bias documentation?
Please provide specific examples of the concerns that you expressed during the meeting.
This response is not intended as legal advice and does not create an attorney-client relationship.
If you signed off at the conclusion of the meeting, after the minutes were read, your only option may be to request another meeting to address the items you feel were omitted.
In the future, remember that you don't have to agree to adjourn the meeting if you feel your concerns haven't been addressed yet. If you don't think the minutes accurately reflect what was discussed during a meeting, you can also ask that they be revised before you sign off on them.
Education Law Attorney
One option is to submit a written statement of your concerns to the supervisor of special education who is responsible for your son's IEP, stating your concerns and asking that your statement be made a part of his educational records. Under the Family Educational Records Privacy Act (FERPA) you have a right to inspect and obtain copies of your son's educational records, and also to ask that any error be corrected. However, whether the records ar econsidered to be accurate or not, you always have the right to submit your own statement of the issues that were discussed at the meeting. The most important consideration is the IEP itself. If you believe that the IEP does not address your son's needs, you have the option of rejecting the IEP and asking for mediation or a due proces hearing. It may beneft you to consult with an attorney in your area experienced in education law to discuss your options.
Education Law Attorney
If you feel that your concerns were not accurately documented in the minutes, I suggest that you:
1. Contact IEP members requesting that the documentation be revised to reflect your concerns before signing the IEP;
2. Prepare your own revised "addendum" to include with the IEP and indicate in writing on the IEP (you can write on the IEP document) that you have attached an addendum expressing your concerns;
3. When signing the IEP (should you choose to sign the IEP) indicate in writing on the IEP document that you are signing "in part" to begin receiving needed services but that you do not agree with all findings/documentation and list those findings/documentation that you disagree with on your attached addendum.
If your concerns are centered around the evaluation findings then you may want to consider asking for an IEE.
If you have already signed the IEP than you should call another IEP to address those concerns.
I hope this helps.
While I am an attorney and I practice in the area of special education the answers that I provide in this forum should not (should never) be construed as "legal advice." If you wish to receive "legal advice" I suggest that you contact me at The Law Office of Janina Botchis. Website: www.speakforyourchild.org Email: email@example.com Free Consultation: (818)253-9444 Blog: SpecialNeedsRights.wordpress.com