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Post by vp4 on Aug 20, 2009 18:05:46 GMT -5
I don't yet have a good feeling because the case manager sent new IEP yesterday and class schedule today. I need to hear what my attorney has to say. I hope he didn't screw it up.
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Post by sld123 on Aug 21, 2009 7:03:54 GMT -5
this new iep is from what meeting? before you filed for dp? or after?
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Post by vp4 on Aug 21, 2009 8:10:53 GMT -5
We filed for DP on July 15th. The school district held an IEP meeting without our presence on August12th. They sent me a letter saying we didn't respond to their request for IEP meeting, so they held one without us. I thought once we file for DP, it is stayput. Moreover, I didn't get any letter inviting us to an IEP meeting. They sure are acting like they don't know anything about their insurance carrier attorney getting involved.
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Post by sld123 on Aug 21, 2009 8:18:46 GMT -5
We filed for DP on July 15th. The school district held an IEP meeting without our presence on August12th. They sent me a letter saying we didn't respond to their request for IEP meeting, so they held one without us. /I thought once we file for DP, it is stayput. yes, unless all parties agree to a revised iep Moreover, I didn't get any letter inviting us to an IEP meeting. /i would go and get a copy of that letter they referenced asap they are making it look like you were uncooperative They sure are acting like they don't know anything about their insurance carrier attorney getting involved. /often different people keep others involved in the dark
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Post by vp4 on Aug 21, 2009 14:33:14 GMT -5
Met with my attorney today. Asked him about the insurance carrier's attorney getting involved and he said it looks like the school district wants to stop the bleeding on this case and he is used to having the case transferred to another attorney when he is involved. Told me to relax and sit tight. Mediation is in October.
He did draft and send a letter to the case manager telling her we are in a "stay put" situation and he seriously questions them having IEP meeting without our agreement. He further officially notified them of our intention to enroll my son in private LD school and seek reimbursement of all costs.
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Post by sld123 on Aug 21, 2009 15:14:39 GMT -5
one wants to stop the bleedin and another went forward, does the bleedin one know what the other one just did, doubt it
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Post by aworriedmom on Aug 22, 2009 7:43:56 GMT -5
This is soooo ironic and sad! The District lies after they darn well know DP is filed, have an IEP meeting without parent, then send a crappy IEP. Sure sounds like no effort at all to do the right thing, show good will, be compliant with IDEA, help student and end bleeding of legal fees to taxpayers. A super lose/lose approach. Maybe this is why their other BOE attorney quit?
SInce they had an IEP meeting without vp4 and took IDEA action without parental input---I don't see how they wiggle out of this one except by lying and produce some bogus document that they say never made it through the US mail. COme on----with no reply from vp4 to confirm, last I knew, there were still phones exisiting to confirm.
Think how this corresponds with my situation in same district. I wrote in June and July and asked for an IEP meeting so my DD would have an agreed upon IEP to start school. No answer!!!!! The last one they sent me has no implementation date or signatures, so how does she start school without a legal IEP? Since District set precedent to have their own IEP meetings and call them IDEA compliant, may be I should have my own IEP meeting and send them the IEP document with the changes I want!
Seriously, I know I can't do this legally, but wouldn't it be a hoot to send in a state complaint on refusal to respond to a parental letter requesting an IEP meeting WITH the attached documents of 2) the crappy IEP the District wrote and b) the IEP I wrote. AT least mine would have all of the required components from IDEA, such as PLOP, goals, progress monitoring, Transition Plan and parental input. They send me draft IEPs with none of this within, then I write back with my agends for the meeting "add goals--insert PLOP---etc." and magically some generic words come back that are so vague no teacher or kid or judge would know what the are proposing to do.
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Post by sld123 on Aug 22, 2009 8:27:53 GMT -5
ofcourse you can file for noncompliance under nj 14 being they have 20 days to respond, last i read nj 14
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Post by dihicks6 on Aug 22, 2009 8:32:14 GMT -5
'Seriously, I know I can't do this legally, but wouldn't it be a hoot to send in a state complaint on refusal to respond to a parental letter requesting an IEP meeting WITH the attached documents of 2) the crappy IEP the District wrote and b) the IEP I wrote. '
You could file a complaint for failure to provide FAPE -- didn't answer your request re IEP meeting, and also for preventing your involement in your child's education (not sure of the reg, I'm not at home). Does NJ have a time limit to hold IEP meetings after a parent requests it? If so, file for violation of that reg also. Oh yeah, also file for violation of having an appropriate IEP in place before school starts.
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Post by dihicks6 on Aug 22, 2009 8:32:38 GMT -5
VP, glad to hear you met with your attorney and are now up to speed on what's going on.
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Post by vp4 on Aug 22, 2009 9:38:10 GMT -5
Did you send the request for IEP meeting via certified mail? They ignored me last year when I requested reevaluation to measure progress. I don't think I used certified mail. Now I send them nothing without certified mail. I am surprised they won't even schedule an IEP meeting with you, unless of course they are retaliating. They used to tell me all the time that I can call for an IEP meeting whenever I wish.
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Post by aworriedmom on Aug 22, 2009 11:53:27 GMT -5
remember---in NJ, procedural violations are't looked on seriously. SO I won't get too far with NJ Dept of ED unless I can show denial of FAPE.
I sent the IEP meeting request by Email, return receipt to Sped Head and Supervisor of Sped--so I can prove they received it. Funny how we parents have to prove that whatever correspondence we send to Districts must be received, but they get to make up documents and say things that are black and white untrue--phony meetings, documents never sent to parents---but the state DOE believes them, even though District has burden of proof here.
Good point about not starting school with an "appropriate IEP in place." Wonder how they would define "appropriate" in our District and by NJDOE. Does not having an implementation date and signature on the IEP count as inappropriate? I guess they would default to who-knows-what previous IEP that had an implementation date if challenged. I have a great comeback or that comment---there are accommodations on the last implementation dated IEP that District never implemented--like Books on Tape! They know they failed to implement on that, too, because I wrote and told them.
Gee--you would think that in the face of OCR investigating, the District just might try and implement the IEP---finally--before the school year ended? Nope. Either too arrogant or dumb, maybe both. How many Districts would thumb their nose at the US DOE? Yes---I did update OCR with the proof that District still failed to implement IEP all the way to end of school year, with specifics.
Can you believe this one----Case Manager Email me in July---after school ended---that she has a tape recorder for DD to use over summer if she wants to use it! I wrote back sweetly and said I was confused--since school was over, what would DS use the tape recorder for over summer since school year ended? Also, the Books on Tape were still not provided to put into the tape recorder, but now school was over, so I guess we didn't need last year's Books on Tape any longer. Idiot wrote back and asked if she should order FALL's books on tape? Duh---I'm not her supervisor. The District writes the IEP (awful as it is). That means it is the District's job to follow the IEP, not ask me every time if I want them to implement the IEP or not. I did tell her that if she wanted to get the summer reading book on tape and send it to us or I would even go and pick it up--that would be fine. Of course---Case Manager never did a thing. I cc'd all of these Emails to sped head, too, so he can't plead innocence.
I am thinking up a plan that they might not expect. Of course, I never am good at strategizing their lies in replies to complaints--they get an "A" in corruption and deceit.
We are going back and forth about fall schedule for DD. They gave us only 3 choices of electives. Every other one DD asks about, the District writes back---"this (ECommerce) would be too much math for her "(even though there are no prerequisites and she has passed all math up through and including geometry, and she was "proficient" on state tests). "Public speaking would make her too nervous" so they won't put her in there, either. This kid is a cheerleader--does it sound like public speaking would make her nervous?
I just wrote back yesterday to ask that we stop saying everything she can't do, and start to talk about what she CAN do, because no test has ever shown her to be at all cognitively impaired--in fact, quite capable. Also, I asked if she is not prepared to take these grade level electives, then what services and SDI are they providing to prepare her to do so?
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Post by sld123 on Aug 22, 2009 13:49:08 GMT -5
transition planning; course of study is part of it and the iep team is to consider the students strengths, interests, preferences, aside from needs
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Post by sld123 on Sept 5, 2009 10:21:49 GMT -5
section 1412(a)(10)(C)(iii)(III) provides a solid ground for resolving the case against the parents. Their unreasonable obstruction of an otherwise promising IEP process fully justifies a denial of reimbursement under the IDEA. See M.S. v. Mullica Tp. Bd. of Educ., 485 F. Supp. 2d 555, 568 (D.N.J. 2007) (denying reimbursement because parents failed to cooperate in completion of IEP).
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Post by vp4 on Sept 9, 2009 9:39:03 GMT -5
Thanks for the heads up. I don't worry about this since we gave them plenty of opportunity over two IEP meetings and they declined everything we requested. Then they have an IEP meeting without us, ignoring the fact that stay put applies once we file for DP. They truly don't care about what the law says and what Individualized education is. I am not going to back down from this fight.
My son started in the new school today. The class size is 9. We are excited to see how he does. Being away from these people in our school district itself should be refreshing change for him and me. He is in the same classroom with another student who was his classmate for some classes last year. Another of his former classmates from 3rd grade is now in the same school. Some familar faces is good to get him acclimated to the new environment.
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Post by sld123 on Sept 9, 2009 10:37:21 GMT -5
you filed 10 days after you gave them notice of unilateral placement, i hope
great! so all these other parents are paying too? have dp too? or?
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Post by aworriedmom on Sept 10, 2009 9:54:39 GMT -5
Three kids from same district that went through elementary school together. This is truly wonderful for the kids and a stabilizing influernce. Does anybody see a pattern, though, for how weak the sped department in the district is? If I were a BOE member, I'd be ashamed to hear abou this. but guess they are the opposite--three less kids for us to have to hide failed efforts to help them.
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Post by sld123 on Oct 19, 2009 18:04:43 GMT -5
hope it's going well, thinking of you.....
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