We are having issue with our school. They suddenly categorized one of the provisions as a safety issue and wanted our son to adjust to the change next day!

When we refused and asked for time to consult with his doctors, school said they do not need consent from us for any safety issues and they will go ahead and implement them without our consent.

We even expressed our concern that the measure they are recommending may not be safe at all.

This concerns us a great deal. Basically they want to do whatever they want. Anyone who is familiar with IEP/school safety laws? What rights do we have as parents?

Thank You.

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If possible, please post the specifics.   What is the provision and is it part of your son's IEP?  How has this become a safety issue?  Changes to an IEP cannot be made arbitrarily and there is a process for appealing decisions in which you disagree. 

Brian Denger

Thank you for your reply, sorry for the delay as we were at Cinci for follow up. The issue is restroom use and the fact that our kids experience falls.During this IEP, they wanted him to change the way he uses restroom. So I told them I will discuss with his docs and see if there are any alternatives. We did not sign the iEP, but to our surprise, got a call next day sating that he needs to use either of these methods. We asked how much time we have before choosing and got a response saying that no time since this is a safety issue and does not need our consent(scary!) Not sure if anyone else experienced such sudden demands from school.

I'm sorry, your information about what the school plans to change is still incomplete (Maybe too sensitive to post?). 

Regardless, any amendment to an IEP must be made with agreement by the school district and the parents.  Periodically the school should send you a notice of Procedural Safeguards which are your rights and responsibilities under IDEA.  This document should outline the appeals process when you have a disagreement with the school. 

If you think consulting with your son's doctors will help, you should initiate the process.  Additionally, you may want to consult with an Advocate at a Parent Training and Information Center (Federally funded centers in each state that provide advice and information for parents of children with disabilities.).  Staff at these centers should be able to help you understand your rights and how to appeal the decision or make changes as necessary.  To find a center nearest your home go to: http://www.parentcenternetwork.org/parentcenterlisting.html 

I hope this is helpful.  You may send me a message by clicking on my name above this post should you have additional questions.

Brian Denger

Thank you. we are looking into getting an advocate now.

You have a lot of rights, you need to consult a professional.

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