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Rights of a probation officer?

Do Probation Officers have to come to IEP meetings?

  • I am 18 still in High School, but is in Special Education. Under the Individuals with Disabilities Education Act, I now hold the rights to my education. However about a month ago I felt that it was inappropriate that the probation officers of Los Angeles County came to the meeting. I had nothing against them but, The team that set up my IEP was agreeing with me that I should be sent to a regular high school, however one probation officer was trying to go his way undermining my rights but also the decision of the IEP. The Alternative High School's Principal agreed with me on the issue that I should not return considering that the services provided on his campus were not enough to keep there and also the reason for being sent to an Alternative High School were ILLEGAL! The School's Psychologist agreed with my decision on returning to the normal high school under an IEP. Representatives of the school district were sort of disagreeing but gave me the okay to proceed with the process of me continuing in a normal high school But the real question comes down to this. In the next IEP, where we will discuss my plans on the Fall and Spring Semesters, I wish to have none of the probation officers there, since they are more focus on discipline rather than me having a proper education with the needs of my IEP fulfilled. According to the probation officer, I might follow the wrong crowd. However I am now 18 years and obviously I can chose my own friends wisely. I am sure he wants to get his way and not respect the decision of the team setting this up.

  • Answer:

    its not obvious that you can choose your friends wisely just because you are 18 there are confidentiality laws--the school should not be sharing info with your probation officer without your permission or a court order i never heard of a probation officer being part of an IEP team....you should have the right to refuse to allow him to attend. and being that you have a probation officer--your arguement that you were illegally placed in an alternative school is not beleivable. EDIT: if you are on probation it means you engaged in ANTI SOCIAL behavior (crime) this is an appropriate reason to send a student to an alternate school if your IEP state you would be in the typical school--and you were transferred without changing the IEP that would be a different story--that is illegal... but the fact that you have a probation officer indicates that you are legally a candidate for an alternate school...you said it was the REASON was illegal the argument about following the wrong crowd deosn't make sense--you are more likely to follow the wrong crowd in the alternate school

Richard S at Yahoo! Answers Visit the source

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I've conducted ARD meetings for over 10 years. According to the Federal law re: special education (IDEA 2004) http://fw.esc18.net/frameworkdisplayportlet/ESC18-FW-Summary.aspx?FID=109 The PO should only be there: 1. if you agree with his/her attendance 2. if it is Court ordered (which I doubt, and would have to be verified by a written order), or 3. if the County is likely to be responsible for providing or paying for transition services - and even then, only if you agree to his/her attendance You have the right to refuse to allow him/her to attend. However, there may be some repercussion from the PO when s/he makes probationary decisions or recommendations to the Court in your regard. Kind of a double edged sword. You are a bright person. Sounds like the ARD Comm is going your way, except for the PO. The school is always required to go with the LRE (least restrictive environment) - which would be the general ed campus, unless there is an ARD Comm. agreed upon reason not to. If you decide not to allow the PO to attend, just state so. The only reason that you have to give is that it is your right to allow/disallow him to attend under IDEA 2004. You don't have to give any more of a reason than that. You're an adult now. You don't have to argue the point with them. If they try to convince you otherwise, just let them talk - don't interrupt - and sit there calmly. You're not a kid anymore. You have full adult rights. Just say no - as the saying goes. Do what you think is right. Whatever your decision, congrats on advocating for yourself and seeking out information. Oh, he is not a "voting" member of the ARD Comm. He doesn't have to agree or disagree. Reference: "An ARD committee is composed, at a minimum, of a student’s parents, an administrator, a representative from special education and a regular education teacher if the student will be educated in the regular setting. In some circumstances, there may be additional members. Other non-voting participants may be included if they are needed to provide helpful input." http://www.atpe.org/protection/YourStudentsAndParents/speced.asp

Kat M

It sounds like you need an attorney or someone with a lot of experience with IEPs, this is a complicated question and you are at a disadvantage. Have you tried looking for a local advocate in your area? Make some phone calls, see if you can get some advice. Maybe someone will be willing to help you at no cost. (It doesn't hurt to ask.) You might look through this website to get advice on how you might proceed: http://www.ldonline.org/ Google: special ed advocate and iep advocate and make some calls You're obviously a very bright kid, hopefully this will work out as you wish. But even if it doesn't, please continue with school and do/find something you want to attend college for. If you're in CA, you can go to community college at 18, or after you've graduated from high school. Good luck to you.

maliboo_girl

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