|
Post by fc11 on Oct 26, 2010 2:30:31 GMT -5
I am writing a letter to the SD. It has been happening in the last few months, the sped head always responded with "the sd does not agree with my statements.."and that "it has been discussed many times". I know it is her way of covering herself and she is clueless on what the problems may be.. In my recent request, I told her as I do not understand what she claimed as "has been discussed", it must be due to the language barrier, hence I asked her to list the disagreements in English and in my native language. She refused because "it has been discussed many times " (can't beat that LOL), then as I have been participating in meetings therefore I obviously understood what they said.
Inspired by a di's recent comment on another post that she would not let a lie unresponded, hence I am preparing a letter to her, and will ask her a second time to list the disagreement in my native language and the regulation that allow her to deny my request. Does it make sense? are there more for me to add?
|
|
|
Post by vp4 on Oct 26, 2010 4:53:11 GMT -5
Send a letter requesting PWN on what they denied.
|
|
|
Post by bros on Oct 26, 2010 6:45:44 GMT -5
The school district doesn't agree with her statements?
Write to her super/the board of ed asking why they don't agree.
|
|
|
Post by deeyana on Oct 26, 2010 6:55:46 GMT -5
what are the statements the IEP team is disagreeing too?
|
|
|
Post by fc11 on Oct 26, 2010 6:56:32 GMT -5
super and board of ed won't do me any good. In my request for IEE, the super told me that in his 12 years of experience in sped (a lie) they had never handled IE the way I requested as they would always reeval. Then in my previous round asking the same set of questions, his responded was "it has been discussed many times in the IEP meetings" (nothing new).
BOE is clueless as they deferred everything to the super. I don't want to go to the county this time as they will just learn to be smarter in writing their letters.
|
|
|
Post by dihicks6 on Oct 26, 2010 7:00:57 GMT -5
IMO, you've reached the point where you either file a state complaint, or hire an attorney.
In the meantime, send them this and request that they send you PWN in your native language:
Sec. 300.503 Prior notice by the public agency; content of notice.
(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency--
(1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
(b) Content of notice. The notice required under paragraph (a) of this section must include--
(1) A description of the action proposed or refused by the agency;
(2) An explanation of why the agency proposes or refuses to take the action;
(3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
(5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;
(6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and
(7) A description of other factors that are relevant to the agency's proposal or refusal.
(c) Notice in understandable language.
(1) The notice required under paragraph (a) of this section must be--
(i) Written in language understandable to the general public; and
(ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
(2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure--
(i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
(ii) That the parent understands the content of the notice; and
(iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.(Authority: 20 U.S.C. 1415(b)(3) and (4), 1415(c)(1), 1414(b)(
|
|
|
Post by healthy11 on Oct 26, 2010 7:19:23 GMT -5
If this situation isn't a perfect example of why tape recording meetings should have been done (so you can go back and hear "what has been discussed many times") then I don't know what is. Hopefully, you'll be recording all future IEP meetings.
|
|
|
Post by fc11 on Oct 26, 2010 7:34:48 GMT -5
what are the statements the IEP team is disagreeing too? that was my question I have been very clear to them in everything that I have a problem on. I listed them point by point. They responded by telling me"The district does not agree with you." without telling me what they disagreed with.
|
|
|
Post by fc11 on Oct 26, 2010 7:43:43 GMT -5
healthy11, yes, I have been recording meetings for nearly a year. Hence when they told me they were not in agreement with me, I suggested that we listened to the recording together. Again, they came back with they were not in agreement with me. Trust me, I tried very hard in not being sarcastic. I thought about telling her that her letter wasn't better than a 4th grader and I finally understood why there was no progress for my child. I had considered asking her why we paid over 120k to hire her. I didn't write them.
di, I had considered filing a DP, but this probably is a good step for state complaint. I am not going to send her the citation, it is her job to know the regulation. However, I planned to ask her to provide me the citiation that allows them to ignore my request, and her qualification in evaluating my understanding of the spoken language.
|
|
|
Post by dihicks6 on Oct 26, 2010 7:53:51 GMT -5
A. Your other weapon is to tell her that she can begin to plan on one IEP meeting every two weeks until the "disagreements" are resolved as you are afforded that right per IDEA. And then I would proceed to send a letter every week requesting an IEP meeting.
B. 'However, I planned to ask her to provide me the citiation that allows them to ignore my request,'
She will continue to ignore you. Go back to 'A.' You will only get answers in IEP meetings with this district. I would try that first before filing a state complaint; then you can say that because they continued to ignore your written requests for resolution of isssues/disagreements, you began requesting IEP meetings for on-the-record- discussion and they have refused to do that also.
|
|
|
Post by michellea on Oct 26, 2010 8:38:20 GMT -5
Are they disagreeing with your requests for certain services, goals and accommodations? They have a right to do this - and as you know should provide PWN to back up why they disagree. If you are not satisfied, you then have the option to file a complaint or DP. For the info in your native language, I agree that a complaint would be the most appropriate solution as this is a procedural problem.
If you disagree with the services or content of the IEP, DP would be the better route. If they are not implementing the IEP, I would go via the complaint route.
|
|
|
Post by pandora on Oct 26, 2010 17:54:06 GMT -5
You could write your next letter to the sped director in your native language!
|
|
|
Post by fc11 on Oct 27, 2010 0:35:13 GMT -5
di, unfortunately asking for more meetings may be fruitless. Last year, they scheduled the meetings with nearly 1 month apart. I think this new IEP team does try to help DD, if I were to ask for more IEP meetings I will just alienate them. I just can't stand the sped head in playing this game, hence I am prepared to file a state complaint. Probably I will add that not knowing their disagreement limits my ability to advocate for my kid. michellea, they didn't disagree the additional services, we didn't go to that discussion. However, for one reason or another, the middle school principal volunteered to offer a teacher to teach her 1:1 40 minute a day which includes pre-teaching, phonics etc., then she also has 1 x 30 minutes of speech. With the exception of going to ESY, I just don't see how we can ask for more without cutting into her other subjects.
|
|
|
Post by pandora on Oct 27, 2010 21:43:29 GMT -5
"Probably I will add that not knowing their disagreement limits my ability to advocate for my kid."
YES!
|
|
|
Post by dihicks6 on Oct 28, 2010 7:26:14 GMT -5
Then file the complaints.
|
|
|
Post by fc11 on Oct 28, 2010 13:04:22 GMT -5
that's my plan.
Di, finally, I learn LOL. for the past year, I have resisted in filing any complaint to try to work something out with them. Her response really annoys me.
|
|
|
Post by cinderbell on Oct 28, 2010 13:42:38 GMT -5
It is difficult and frustrating when parents play nice and try hard to work with their sd only to realize how much time has past and nothing accomplished. Sometimes complaints are the only way to get an sd's attention but too many times that even doesn't help much.
Good luck.....sounds like your district is a real peach.
|
|
|
Post by fc11 on Oct 29, 2010 2:18:26 GMT -5
I think this year's IEP team did try. When I raised the issues when DD wasted time in speech and not learning anything, the speech specialist told me she brought a set of books and it would be suitable for DD. DD came back telling me she learned something. Obviously, it may not be appropriate for her, but I have to at least appreciate the fact that the SLP tried. I am trying to walk a fine line in not trying to micro-manage, making sure my kid learn something (she has a private tutor and I am going to add outside speech) and working with the new team. However, I think I will still file a complaint, I just get sick of her recycling the responses. For the life of me, I cannot imagine I have the patient to work with them.
|
|
|
Post by dihicks6 on Oct 29, 2010 6:58:34 GMT -5
She keeps on giving you the same answer because you keep accepting it.
|
|
|
Post by fc11 on Nov 13, 2010 21:21:07 GMT -5
I gave the sped supervisor till today to respond. Again, she refused to write in my native language.
Here was what I asked for several months when I documented what was discussed, and what they changed the IEP outside of the IEP meetings etc, her responses were cycling between the responses "the district does not agree ..." and "we have discussed ..." When I asked her what the district did not agree with me.. her response again was "we have discussed many times .."
so to give her the benefits of the doubt, I asked her to list all her disagreements in my native language..
She just responded that I had participated in all the IEP meetings and effectively communicated in English, she is not aware that it is necessary to translate the letter in my native language.
I don't think she has answered my questions aka list all her disagreements
I am going to see whether I can file a state complaint. Even I can't file her failure to respond in my native languate, I think there are other violuations that I can file. But is it possible to file an OCR complaint? How should I frame my argument for OCR complaint? If I do, do I need to send a gebser letter to the Superintendent and BOE first?
|
|
|
Post by tetznoid on Apr 1, 2015 1:01:32 GMT -5
The Gebser letter was devised by the late great special ed attorney Reed Martin. The letter is to create deliberate indifference a legal standard you must meet to win a case involving special education rights and civil rights and ADA and 504 rights. The letter may also end your problems. My experience after advocating for my children and others is that these Gebser letters scare the district because once a parent shows knowledge of the law a district tends to be more compliant or suffer the consequences. Google Gebser letter for samples. The letter must be detailed. Reed said to pick one person in authority to put on the hot seat such as the superintendent.
|
|
|
Post by healthy11 on Apr 1, 2015 10:41:43 GMT -5
Courtesy of dihicks6 and others: A Gebser letter is basically a notification to whomever has the power to fix your problem. Sometimes (usually) it's to the superintendent and/or school board. It puts them on notice that because they have the authority to fix the problem that if they continue to ignore it, it is legally considered 'deliberate indifference' and then they can become personally liable (as opposed to just suing the school). What is a Gebser letter? www.law.cornell.edu/supct/html/96-1866.ZS.htmlIn 1998 the US Supreme Court said that when anti-discrimination laws apply because someone received federal money, the entity committing the discrimination had to be fully aware of both the discriminatory acts and how they were discriminatory to the extent of being deliberately indifferent. What this means is that in order to bring a successful claim for discrimination (including one based on denial of FAPE under IDEA) you must write to someone (note that you may notify MORE than one person, but each letter must be addressed to a single person), who has authority to fix the problem, describing the problem and requesting that they resolve it immediately. You do not need to send them certified. But you do need to deliver it with a method that you can prove that they received it. Hand delivery works (I presume you know to keep a log of all contacts with the SD and all school related happenings with your child. You can describe what the person who received it was wearing, his or her name and title, what station was playing what song on the radio or which sports game was being discussed, and who else was there. OR you could simply ask the person who receives it to acknowledge receiving it on a duplicate you take with you and keep. If you have the fax capability to prove delivery, then you can do that and make sure you print out and retain the confirmation of sending document and follow up the next day on the phone to confirm receipt. If you send it first class with delivery confirmation, you'll need to go to the USPS website and download the data that shows when delivered. And there is also certified, return receipt requested: if you use this method be sure you note on the green return card between your name and your address "re gebser letter to [name recipient]", because otherwise you'll have difficulty proving which return receipt is for what .) The letter might say the following: Your full name and correct address and phone number and email if you want them to have it. The recipient's full name, title, and correct address Date [Hand delivered, faxed to [insert phone number or mailed first class with delivery confirmation or however else you are sending it] Dear Principal x: [or teacher or superintendent and each school board member or sped director, etc --- be sure you send individual letters to everyone you have evidence is personally involved whom you may consider bring legal action against AS WELL as the Superintendent and School Board Members] I am writing on behalf of my child, [insert name, dob] who is a disabled student attending [insert name] School in the [insert name] School District. S/he is being discriminated against [insert how the discrimination excluded your child from continued participation in school or denied your child the benefits to which other students in school have access, and be specific. Examples might be:IEPs are in place on time or evaluations are done well enough to generate sufficient info to write 504 plans or IEP, or bullying, or children not given research proven interventions, or barred from electives, or in classes where teachers teach multiple courses when non-sped students are not, or do not have accessible restrooms or are disciplined for manifestations of their disability or whatever] The discrimination is pervasive and severe, and it continues [for my child or for my child and others similarly situated] [or has already happened more than once [say how many times] and is likely to happen again to my child or someone else's]. [Insert name] school district receives federal funds for which it contracts to not discriminate. You have the authority to investigate and correct this discrimination. You have control over the site and personnel where the discrimination occurs. If you do not investigate and correct the problem, we may claim that you and the district are deliberately indifferent to the discrimination. If you do not correct unlawful discrimination, you may be liable personally for damages, and the school district may also be liable for damages. I would like you to do [insert here what you think will solve the problem for your child and for similarly situated ones, if you don't know give what suggestions you can]. I have also experienced retaliation for advocating for my child with a disability [or I have evidence that others have been retaliated against for doing so]. Please be aware that retaliation is also discrimination as identified above and make sure that your staff does not do so against me or my child or staff who have advocated for my child or others similarly situated. Please send me a copy of your lawfully enacted Section 504 procedures, and the name and contact information for your Section 504 coordinator and your gatekeeper for your grievance process. Not having this information may result in continued discrimination. I would appreciate your written notification of when I can expect the investigation to be complete within 10 days and information about whatever steps you have taken to assure that your staff does not retaliate against me, my child, similarly situated children and/or staff who stand up for our child. Sincerely, Parents P.S. Please put a copy of this letter in my child's cumulative file.
|
|