Gifted Issues Discussion homepage Forums Parenting and Advocacy GIEP not being followed

I gave them two weeks to settle in but the GIEP isn't being followed and my son was flat out told by the teacher they were sorry it didn't work out and it wasn't going to be followed. I have a meeting today with the teachers to see how we can brainstorm for a way to arrange for the GIEP to be followed (Differentiation in Reading and Language Arts appears to be happening but acceleration and differentiation in math isn't. When they have their period in the day for interventions for students who need more help, he gets enrichment instead with a few other kids. They did various units of writing, poetry, readers theater and other things last year and that is a happy time for him).

Wish me luck. If it doesn't work out, I know there are several options so I am not terribly upset that it is this or nothing. I am pretty optimistic that everyone wants what is best for him. Additionally, I am pretty sure they don't want to lose his FCAT scores if we have to chose a different placement. He has minor celebrity status at the school (he is outgoing and a really interesting child) and I have volunteered daily except the first two days, so I am well known.

Is he at a public school? I'm not sure they can really tell you that the IEP won't be followed!

Exactly!!! It isn't an option!

Welllllll...


that depends.

Technically, unless this is a GIEP administered under state law, or the child is 2e and therefore a qualified individual with a disability, they don't.

A GIEP isn't the equal of a disability-related one. Not even close. The feds don't even CARE about GIEP's for students without disabilities.

What that means in pragmatic terms is that unless it's written into state law that students are ENTITLED to appropriate education as a result of being identified as gifted and having a GIEP... there isn't any way to get enforcement of what is written in that plan.

ITA.

A few things you can do - first, look up your state law re gifted ed - there might be a bit of backbone there depending on where you are at.

Second, when you approach the staff, approach with the expectation that the school will deliver on what was promised at the end of last year and written into the gifted IEP. The GIEP might not carry any legal weight, but there must be some value in it within your school district, otherwise GIEPs wouldn't exist. So while on the one hand, you don't really have Federal legal arguments to jump on in your defense, I'd still approach how you deal with the issue with the school in the same way I'd approach the school if they were not following through on services outlined in an IEP for an LD etc. The first step is simply to bring it to their attention and request that the services be provided. It looks like this is happening with the meeting you'll be attending, and it sounds like your ds' school is proactively attempting to provide your ds with differentiation - so that's all good! If the school says they can't provide differentiated/accelerated math, ask why not. Not of an individual teacher, but ask the entire GIEP team. Email that question in writing.

And if the teachers meeting today results in the school saying "no" to the previously agreed upon GIEP plan - is there someone at the district level you can contact and ask questions of re this - head of the district's gifted department (if the district has one)? I would call and ask for their advice re how to meet what is outlined in the GIEP and how it's been accomplished at other schools. You can also ask what the district's policy is for parents to appeal when a GIEP isn't being followed through.

I hope your meeting goes well!

polarbear

Yeah, advocacy-wise, it's probably best to go with "surprised" and "oh, I'm sure this is just an OVERSIGHT of some kind."

I'm by no means an expert regarding special education or IEPs, so if I'm completely off base here, someone chime in....but, I didn't realize there was any other type of GIEP not covered under state law. Otherwise I would assume it wouldn't be called an IEP. I agree an IEP based on giftedness can't be compared to an IEP based on a disability and GIEP's don't carry the same weight or follow the same rules as a disability IEP.

Luckily, our state "includes children who demonstrate characteristics of giftedness in the special education laws and regulations" and therefore qualify for an IEP. It is all about showing a "need". A child can be gifted, but not "need" any special services same as a child can have a disability, but not "need" any services.

Now IDEA is a totally different beast and does not pertain to a child that is solely gifted without a disability. FAPE is also hard to use with a solely gifted child since "appropriate" is so hard to define and "educational progress" can be shown in many ways.

If Sweetie's son has a "signed, sealed, delivered" GIEP and school is ignoring what was agreed upon by all interested parties, then how can they not be in violation? It is an issue of due process (if the state allows due process for gifted). If school won't or can't follow the GIEP then they need to call the IEP team back together and work it out, but they can't just not follow the IEP!

Sweetie - I think you are handling this in the right way...a meeting with school to find out what is going on and see what can be done to fix this snafu. Let us know how things go!

Eh, didn't go well. Going to figure out next move over the weekend. It is complicated.

I'm so sorry the meeting didn't go well Sweetie.

Good luck strategizing your next step - share with us if you feel like it.

polarbear

Sorry the school isn't holding up their end of the bargain.

Keep us posted!