Re: Re: A big win for my son's ESY!!!!

[Guest guest]

Crystal,Have you gone to the ARD yet?Only three papers?  What is the criterion for mastery on his IEP?  If one is " observation, "   You need to send a " Revocation of part of the IEP " letter to the school and revoke " observation " as a means for determining mastery.  This is a lovely little loop-hole that allows districts to basically ignore an IEP.  They are supposed to document observations, but they don't so this is useless for determining mastery.

Tell them you want pre- and post testing using all covered IEP objectives per six weeks, and include " work samples " and under " other " say you want to include yearly standardized testing (CASL, Wescler's, or KTEA or the like).

 There is little substantive proof that they are even following your child's IEP.  What proof can they show?Learn to ask LOTS of  " WHO, WHAT, WHY, WHEN, HOW, AND IN WHAT MANNER " questions whenever you go to ARD.  Tape the meeting!

I asked, " Who will provide direct services to my child?  What are this person's qualifications?  What training has this person had in autism and auditory processing disorder? " Well, they couldn't answer the questions because they don't even know who the person is and they wanted to get out " cheap " with just hiring an inappropriate, untrained person to teach my son!  Then they said, but " Ms. --- has training.  Yes, I said, but she will be busy with the PPCD ESY and my son won't even be in the same room with her and she will have her hands full, so she will not be able to provide direct services. "

Then I asked why they were going to emphasize multiplication/division when they had not taught my son addition and subtraction with regrouping yet.  They answered " Well, uh..... " Then I asked what transition plan they had in place for my son to be placed with a stranger.  Then I showed based on standardized testing that my son had made no progress in math, so why weren't they changing methodology?  Then I asked why they were continuing to use Study Island for reading when the standardized testing showed they had made little progress in reading comprehension using it?  They threw a paper at me showing these good grades on " Study Island. "   And I asked where is the work for me to view?  They said " Oh, you can't see the work. "   What good are grades if I cannot see the work that was done?? "   I also made sure to make the comment on tape that we had requested research-based programs and methodologies such as ABA, Reading Milestones, 's, Touch Math, and Edmark, and that the district had ignored these requests continually.

I revoked our agreement to the use of " Observation " for mastery criteria, and soon I will revoke " Study Island. " Then they came up with they idea to send my son all alone with a strange aide to Fort Worth for the two summer social skills sessions.  So I asked what this person's driving record was and made it clear that my son has never ridden a bus, so what transition was in place for that? And my son has serious, some life-threatening health issues, so is this person trained in CPR and the use of an Epipen?  I know nothing about the hospitals in Fort Worth and it's an hour and a half away --so if my son has an event he's going to be in the care of people who NOTHING about his medical history????

In addition, my son was going to be the only child in his group at ESY, so how would this address his need for social skills therapy?  In addition I pointed out that  My son needs speech, OT, and PT and handed them the outside evaluations for these.  They weren't providing any of this.  We do this on the outside in addition to theirs BECAUSE they do not provide enough in the school setting.  They can't deny services because they know he's getting some outside.  They are still legally bound to provide needed services.

I asked relevant questions to determine if a FAPE were being provided for ESY services, and a FAPE was not.  I am thankful to the principal because I know she is the one who went to the superintendent and got it approved to pay for where we wanted him to go.  In the past two summers, I had to advocate to the brink of due process before they acquiesced. 

Now, if they had provided and appropriate ESY that included peers his age and met his unique needs fro academics, social, speech, OT I would have been so thrilled  to be able to take my son to an ESY just down the street.  I am never happy about having to drive 120 miles round trip every day, but I know he needs this, and whatever inconvenience I have to deal with is moot.  I know my son is going to LEARN this summer, and he is not going to have the anxiety he suffers in the public school setting.

I truly believe they could provide this service in a cost-effective manner if they would just get their minds out of the box, but if they refuse to come up with what is appropriate, it is up to use moms to say, " Wait a minute.  This isn't FAPE, "   and then maybe someday they will start to provide FAPE for these children.  When it starts to cost them too much money for REFUSING to design appropriate programs, then maybe they will listen.

Always ask lots of questions.  Never talk about what " you " want; always talk about what your child " needs. "   If there is something you don't like, you say, " That would be inappropriate and fail to meet his/her need for.... "

If they say you want a " Cadillac " education, make it clear that what you want is FAPE and they are offering de minimus (a legal term that has been clearly shot down by the Supreme Court regarding special ed cases).  School districts don't have to offer the best, but by the same token, they cannot define " appropriate " to mean de mimimus either.  What is appropriate MUST meet the child's unique needs and allow the child to receive educational benefit and produce progress and prevent regression.

If you want a private placement, you need to find the place near you that will meet your child's needs and request they pay for it.  If they reject it, they have to do so in writing and tell you why.  If they are still providing and inappropriate placemen that fails to meet your child's unique needs, then ten days before school is out, you must deliver them a letter stating the facts which bear out that their ESY will not provide FAPE.  This letter needs to be devoid of anger or emotion.  State that you are willing to meet in order to allow the district to develop an appropriate program, but if they do not, you will place your child in this private school and seek reimbursement fro tuition from the district.  If they refuse to meet or offer to pay or tell you " It is what it is; you either want it or you don't "   Then this is predetermination of services and a violation of law.  You should then get Advocacy Inc. involved who will represent your child at no expense to you.

Too many school districts are defining " appropriate " as the bare minimum of services.  they try to convince parents that they are selling a " Cadillac, " but like used car dealers they are trying to pass off a burned out Pinto from the junk yard. 

If you would like to see one of the letters I wrote giving ten-day notice, email me directly and I will send it to you.