Help with my rough draft letter with school? Opinions pls.

[tebald]

Okay so hey.. haven't been here in years since you guys helped me sooo much with my two boys and the law etc.

Now it's my grandson's turn. He's in 7th grade and the rough draft will pretty much explain more. I wrote out facts during a NON IEP meeting today and I'm planning on filing a state complaint, but I suck at writing letters and looking more professional like so was hoping I could get some help, ideas, answer any questions or even add to this before 1. I call the state and 2. Send something to my daughter to send in an email. She and her hubby are newbies.

Here we go. Remember rough draft...

Meeting today 9-15-2017 with Ms. ***** and Mr. **** and Mr. **** . At the meeting the attendees were Mr. and Mrs **** **** , Parents of **** ***** , a 7th grade student attending ******* Middle School in ****** Unified School District.
Mr. and Mrs ***** *** ****** ******, advocates and Grandparents for student ***** ******.

Today's meeting was in regards to the punishment regarding a bully, and harassment (Verbal, Sexual and physical) by a student that has a history of doing so from **** **** previous school at ***** **** ***** Elementary School.

School district has made a decision to an inschool suspension without conducting an investigation first. Parents strongly disagreed, stating there is a history with this other student (which had been reported many times at his elementary school, and to which did not show up in his cume) and their child was protecting himself from another attack from same student.

School district has removed child (**** ***** ) from attending the School Dance the night of 9-15-2017. This is considered Punishment. This is a school activity.

School over and over stated they are continuing investigation. Also stated repeatedly that inschool supension - AC was not a suspension. Also insisted parent agree to this or he stays home for 3 days along with missing the dance giving parent no choice in the matter.

School personal, during incomplete investigation instructed minor to provide a statement without a legal guardian being modified with the option to be present to protect the minor.

Incident happened aprox 9am, and parents were not notified until after noon.

Previous school has ZERO incidences of such bullying behavior written in his file, even tho Parents have made many complaints.

Asked for child's file and it was incomplete. He was tested for Special Education either in 2nd or 3rd grade and was not qualified for Spec Education. No IEP team was assembled for the results and a letter was sent home letting the parent know. No testing, no letter, no test scores, no meeting notes were present in his file. When asked where the rest of it was (very thin file) received blank look and was told over and over everything is thru electronic documentation and is complete. Ms. **** stated that this is everything, there is nothing else, and it all gets documented thru their electronic system.

They also admitted he receives services in class currently and that shows he automatically qualifies for an IEP

Many incidents and statements where Teachers have hand written that his behavior has effected his education. This has nothing to do with him being bullied. It's behaviors in the classroom with inattention etc.

We asked to see the written investigation they have completed so far. They stated, that they only take statements from children and the investigation is in his head. This is being treated as a cookie cutter situation instead of treating the child as an individual.

They contiued to classify this as a fight rather then an altercation. A proper investigation has not taken place.

Their in violation of California Educational Code. 48900.4 and 48915(a)(1) by applying disciplinary action to a student whose self admitted he was defending himself when attacked.

Our Daughther and son in law didn't like it, or wanted too, but didn't want him to miss class time with other students and his peers. They requested to add a statement to his file that they disagreed with the school's decision, but, the school said if they add that statement, then they would have to send him home until after the investigation was completed. So they reluctantly agreed for their son to be escorted from class to class in order for him to not miss any further classes and be removed from the other students. By doing so, this results with him being singled out and treated differently BEFORE the investigation is finished. He also is going to be removed to a different placement during lunch time again separated from his peers. They did not clarify for how long this would happen. The original in school suspension they wanted to do was 3 days.

Ok guys.... have at it. I've improved and tried to make sure all emotions were out and only facts were included... but if I missed something well... help me pls. THANKS YOU

[healthy11]

Tebald, I'm sorry that your grandson is having difficulties. I wish people like dihicks were still active on this forum, but like you, I think she's busy with her own grandchildren and hasn't posted in awhile. She was definitely more familiar with special ed laws. I do know that Kewpie, who is in California, still "checks in" from time to time, so hopefully she'll see this and might be able to assist you.

I hope my questions aren't upsetting, but I'm confused by a couple of things...Is your main reason for wanting to call the state because of the school disciplining your grandson before completing the bullying investigation, and/or because your grandson hasn't been properly identified with an IEP? Have the issues been raised with the School District Administration, not just the principal or whoever "has the investigation in his head" at the local school that your grandson attends?

You said that your daughter and her husband are newbies at this, yet you mentioned that their son was tested for Special Ed in 2nd or 3rd grade and found not to qualify, but now (in 7th grade) he's receiving services and automatically qualifies for an IEP. Is that to say that he didn't get any services in 3rd through 6th grade, but now, in Middle School, is getting services even without an IEP? (Do you or his parents know exactly what kind of services he's receiving? Is it RTI...Response to Intervention?) You mentioned there are many incidents and statements where teachers have hand written that his behavior has affected his education, and it's his inattention. Does your grandson have a medical diagnosis of ADHD or any other issues? (Have your daughter and her husband ever asked their son's pediatrician about the teacher concerns?)

You said that "Previous school has ZERO incidences of such bullying behavior written in his file, even tho Parents have made many complaints." Can I ask how and when your daughter and son-in-law made those complaints, and if they kept any records of them? (ie, copies of handwritten notes to a teacher, or email history stored on their computer? Did the bullying at his previous school by the same student take place just in the past year, or even before that? I guess I'm wondering if any of your grandson's former teachers are still around, who might be able to confirm that they knew of prior bullying incidents involving him and the other kid?)

[tebald]

Hey Healthy, nice to see you . Yes, I noticed after awhile how quiet it seems to have gotten compared to so many years ago. I still send people over hear and it's a shame it's not like the old days.

I guess even tho I wrote down all my concerns I can explain it, how it has happened without worrying about the blah blah blah in between. I was just trying to state facts. More has happened this morning so I'll just call the state and talk to them.

Okay so way back when my grandson was in 2nd or 3rd grade he had extreme social and attention issue's. I saw things right away due to being gramma plus having a family history with Autism Adhd etc. Well my daughter and son in law were in extreme deniel. But it finally came to a point where they asked for my help getting him qualified for an IEP. This was the same school we went thru HELL with our boys, my daughters brothers with and ended up suing the district and won.

Ok so everything they did with the qualifying was illegal. I kept telling my daughter and I think she was still in that denial phase and just pulled back and said no mom it's ok I don't need your help. I'm fine, he's fine, don't worry. So I stepped back even tho I knew what was gonna happen. He would sink, and so he did. Many teachers over the years wrote his behavior effects his education. Many teachers have complained. But I couldn't do anything until my daughter asked for help again although she knew I would jump in in a heart beat.

Over the years besides this, he was bullied many many times. They did not listen to me when I said document everything... or send communication in writing etc. So it went on and on and on. Over some of these years they moved back in and he was miserable. My grandson would tell me. I knew things were not getting better.

And see I found out the school didn't even conviene for a eligibility meeting, they just tested him, god knows what, and sent her a letter saying he didn't qualify. They didn't even include them in the process. So she believes they are doing right and let it go.

Now... zoom into 7th grade, new school etc. Same bully walks up to my GS and headlocks him and slams him into a cement bench. My GS, trying to get away punches back.

Now the school wants to suspend him or rather both and my husband an I went down to the school with them on friday. That is when more came out and I didn't find out till later but yes it looks like his services are RTI. I didn't know that when they first mentioned his services. Later on my daughter told me, after I wrote this up. But still you know what I mean. He most likely would have qualified if I had been there and my daughter was out of being in denial. But oh well.

So what they agreed to do on friday was escort him class to class even tho we insisted and told them he was trying to defend himself and brought the code we found in a spec ed code book.

So now I just got off the phone with the my daughter and she had written an email with things we suggested she say and ask so it's in writing, they called her this morning, the investigation is DONE, and all they got was students saying they only saw two boys fighting. And they called the old school and there wasn't ONE case where the parents reported the bullying. NOT ONE. And this was a problem over and over again.

You do have a good point and I told her to go to the asst principle who they met with continuelly regarding this. If this is a decent guy he will vouch for them.

[tebald]

Ok, well I just left a message with the state, hopefully they will call back soon. They are very child friendly, I remember in the past even after we won our cases for both boys they tried to wiggle out of something they promised, so I had to call and write up two state complaints for each child. I do think dihicks helped me on that one too. But I do remember how helpful the state is to people who have legitimate complaints.

My thing is, if he had been qualified so long ago, he would have had better protection under the IEP and being bullied. He also wouldn't be miserable. He's such a smart and wonderful kid. This whole thing not being able to help him over the years has just killed me. I'm sure you all get it. You know I'm about to contact someone on my kids IEP team that I get along great with to see if they can help, at least in the background...

[healthy11]

((HUGS)) I hope I'm not "overstepping my bounds," but I wonder if your daughter might also have ADHD, albeit not the same type as your sons, and maybe that's why she has said, "I'm fine, he's fine, don't worry" in denial for so long. It's so good that you're still willing and able to help, and that your grandson wasn't permanently injured in the altercation with the other boy.

As you already know, having an IEP in place sounds like it would be the best thing for your grandson's academic, as well as his social and emotional well-being and legal protection. Has your daughter ever gotten a medical diagnosis of ADHD from his pediatrician? It sounds like that should be done, in addition to requesting new school testing to determine his academic eligibility. I was trying to look up CA laws regarding suspensions, but came across this information about behavioral intervention plans, in case it's helpful: www.ccselpa.org/Publications/Topics/pbiframe.htm and I also stumbled on www.catsedu.org/en/05dc_adhd.php

[kewpie]

Tebald,

It must suck having to go thru deja vu with your grandson. I would send another letter demanding immediate testing in all areas of eligibility learning, language, speech, written expression, psychological etc. This school district obviously did not do its child find duties. If they refuse, then ask for an IEE. You could use their neglect to leverage private tutoring for your gs.
Your case sounds similar to my dd. She had an IEP as a 3 year old and demitted after one year. In K-1 she was tested by the district and found ineligible. In 4th grade she started having problems and they refused to test her. (Got that in writing) By the end of 6th grade, many of the district key sped personnel changed, I requested again and she was given an IEP without a struggle for 7th grade.

[tebald]

Hi guys,
Sorry I had to go out of town and now I'm finding out my youngest is having some kidney problems and needs further testing. UGH. Ok so anyway, I've called the state several times and no answer. Talked to my daughter some more and yes, she does have a dx of ADHD from when she was little but this goes way back to the early 90's. She also has the family history of anxiety etc... the list goes on. So yes Healthy I'm sure your right. I couldn't let it consume me tho and had to back off and be respectful because I tend to push things a little hard when I see someone that needs my help. I'm just relieved that he has now gotten a ton of support from all of us.

Kewpie, yep same here. Both my boys had iep's for speech and only speech in the early years... and it sounds like such a similar story. I just don't know why this school district are such.. well you get it. But at least this time there is a lot of documentation for teachers saying his focus problems make it hard for such a smart kid to get his work done. Right now he's in AP English and AP Math, and I think my daughter is going to pull him out of the English one, which I'm sure will take some stress off his back.

I'm sending her some sample letters to fill out then tell her how to send them. They want to evaluate him again. My daughter doesn't remember what they did so I'm going to request his file also. I also sent a heads up email to the Atty who helped us last time and gave her a brief message about him. I'm sure she'll be interested. So cross your fingers on that.

I'm just wondering if they can start an IEP or at least qualify him due to behavior issue's now and start more services to help him succeed while they do the testing? I thought I read where if an iep team agrees, it can happen. Am I right with that?

Oh and thank you for the links... I'm gonna go look now.

[kewpie]

All the team has to do is agree he needs one due to any particular set of circumstances. Based on his performance now, its hould not be an issue.

[healthy11]

Just be sure they don't say his eligibility for an IEP now is due to emotional disorders, using claims that he's a "hot head" for fighting. Since he has a medical diagnosis of ADHD already, he should be able to get qualified under "Other Health Impaired." If further testing shows additional specific LDs (which sound quite possible, since he's getting RTI in the classroom already) they can modify it.
www.wrightslaw.com/info/elig.add.grades.htm

[kewpie]

Good point healthy!