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Level 3 Diploma & NVQ Level 3 : NVQ Children's Care, Learning and Development and the newest Level 3 Diploma for the Children and Young People's Workforce. Please use this forum to discuss all areas of the qualifications.

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Old 07-05-2012, 07:56 PM
mel58 mel58 is offline
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Default Can a practitioner insist on an IEP?

I am working on Unit 064 of my NVQ Level 3. The question is 'A Practitioner feels that a child needs an IEP but the parents feels that there is not an issue. Can the practitioner insist? Please explain your answer.

I can't find any information on as to whether practitioners can insist and do an IEP without carers consent. Please help!

Thanks in advance.
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Old 07-05-2012, 08:14 PM
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lyn c lyn c is offline
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Hi

i found this for you, hope it helps:

The school must get the parents' permission to move to the next step of the special education process. You give permission for the school to write an IEP by signing the report. Do not sign the report if you do not agree with it.

Here is the website i got the info from

http://www.ohiolegalservices.org/pub...s/qandact_view

Here is another website

http://www.kps4parents.org/blog/?p=120

and this to back it up

May a parent refuse the initial provision of special education services?

Yes. If a student's parent refuses to accept the District's initial offer of special education services, the student will remain in the regular education program and the District cannot file for due process to override the lack of consent. If this happens at school site you should document in a letter to the parent that the District had developed an IEP for the student but cannot implement it because of the parents' lack of consent i.e., did not sign IEP?


from this website

http://www.faculty.virginia.edu/Pull...od3/Mod37.html

Lynne
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Old 07-06-2012, 08:12 PM
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Ruthierhyme Ruthierhyme is offline
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This page from Direct.gov.uk helps explain IEPs. Parents in the UK have the right to refuse early years intervention.

Parents have the authority to withdraw their child from a setting, question practice, add their suggestions and concerns about the content of IEPs.

It's important to work in partnership and respect parent's as children's primary caregivers. They are the key to strategies that aim to help the child's development.

Refusing permission for an IEP can mean that a barrier is created against accessing support that would otherwise have the child's needs formally recognised by SENCO and other specialist agencies. It'll be difficult to access support through early years action plus pg 43 if provision for the child's progress is still not occuring at an expected rate - seen through the actions of the setting through early years action pg 41, if permission for an assessment has not been given/received.

The SEN code of practice is not statutory but all grant funded providers are required to have regard to it.

LEA's have a duty to help negotiate disputes over IEPs if the child is at school. Page 13 of the SEN code of practice critical success factor 1:6

Early years settings however have a duty to plan to **meet all children's individual needs and supporting what might be evidenced through a formal IEP & maybe CAF can be included in other ways. This can look like a revision of provision as a whole or play plans, general individual child development plans, which as working documents mean they change frequently to remain inline with the most current information.

As a professional you would need to observe and record all the behaviours, developmental delay, physical challenges, learning difficulties that are causing concern and work out ways to share and include parents/carers on their child's day to day participation, accompliments and development. Where appropriate find out what parents would be most worried about in agreeing/refusing the child and themselves the official support an IEP would give rise to. Do they feel staff are inappropriately qualified to make these initial judgements, do they feel development is progressing positively and that the concern is inappropriate, do parents feel there is a stigma attached to a child requiring support or maybe a previous negative experience of IEPs has influenced a decision, are the child's needs being explained appropriately and is the importance of support a setting priority, what pressures are the parent under due to child/family/work commitments, are there communication barriers, are the IEP targets attainable SMART, are there suggestions that the parent or carer specifically objects to.

SEN code of practice; Pg 19 1:30, from page 22 working in partnership, and then from page 38 are good reads. This edition of the document was published in 2005 and as such doesn't reflect the change of frameworks from the 'curriculum guidance for the foundation stage' to England's current EYFS framework.

Are you able to read through your setting's SEN policy and speak with your Special Educational Needs COordinator to see who they liase with and what they feel would happen locally in this situation.

Hope this helps a little
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