Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 Good Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a " B " but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter. Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The " gate keepers " can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like " Well, that wouldn't be fair to little Tommy. " They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought. Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had " Content Mastery " students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was " Here are his modifications and you CAN " T give them below a seventy. " But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum. Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets. Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people " normalize " these conditions and how few say, " Wait a minute; this isn't right. What is going on here? " Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out. Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it. You will have to become a " B. " You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for " heresy. " Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data. Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 I don't think I made myself clear, I am not afraid of no one liking me, not in the least, I am hesitant to totally alienate my son's school personnel, you see, I'm in a unique situation, my son according to the school has tested out of remdial reading, he has no actual basis or documented need for that resource. He's in it because of one diagnostician that "clued" me in on the whole parental request have to be signed and in writing before it's acted upon, he was the one I spoke to when my son failed his drivers test for the fifth time, and I approached the school with this "disparity" of results. He put my son in the reading 180 course, purely on his say so. believe me, setting down with my son, attempting to help him study for the drivers test, watching him read the question, after fifteen minutes passing finally turning to the page with the answer to the question, another five minutes, I point out the paragraph, he didn't see the answer, casually tapping the sentence, hoping to draw his eye, realizing he hasn't seen it, or made the connection. I'll always remember the cold feeling of horror that ran through my soul, that total shock and sick horror, when I finally got just how badly I failed him, by believing his report cards. I am angry, and would love nothing better than going in the school and tossing a few hand grenades into a few offices, but I've got two years before he reaches 12th grade to fix this, and if I loose the good will of this diagnostician that got my son into another program by glimpsing at my paper realizing that it was a to do list, looking me in the eye and telling me to sign it and give it to him, I somewhat bemusedly said sure, signed it gave it to him and got my son tested for pragmatic speech, that same day, after casually chatting with me about it for five months, I got the "clue". the system is sick, however there are a lot of good people in it that do try to help our kids, before we start kicking tail and taking names, lets not kick the wrong tails. Joyce Re: Re: Need some upcoming ARD advice Good Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a "B" but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter.Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The "gate keepers" can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like "Well, that wouldn't be fair to little Tommy." They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought.Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had "Content Mastery" students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was "Here are his modifications and you CAN"T give them below a seventy." But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum.Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets.Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people "normalize" these conditions and how few say, "Wait a minute; this isn't right. What is going on here?"Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out.Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it.You will have to become a "B." You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for "heresy." Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data.Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 Joyce,If those are the "real" results of your son's education, then it seems obvious to me that the district's IEP isn't working and something else needs to be done. That does not mean that some of the staff are not trying to help, but in my experience, these people don't get angry when the parent takes action; they understand that without their parents' help, these special needs children will never move forward.You should consider looking into the Due Process route. Let me know if you're interested.Tommy I don't think I made myself clear, I am not afraid of no one liking me, not in the least, I am hesitant to totally alienate my son's school personnel, you see, I'm in a unique situation, my son according to the school has tested out of remdial reading, he has no actual basis or documented need for that resource. He's in it because of one diagnostician that "clued" me in on the whole parental request have to be signed and in writing before it's acted upon, he was the one I spoke to when my son failed his drivers test for the fifth time, and I approached the school with this "disparity" of results. He put my son in the reading 180 course, purely on his say so. believe me, setting down with my son, attempting to help him study for the drivers test, watching him read the question, after fifteen minutes passing finally turning to the page with the answer to the question, another five minutes, I point out the paragraph, he didn't see the answer, casually tapping the sentence, hoping to draw his eye, realizing he hasn't seen it, or made the connection. I'll always remember the cold feeling of horror that ran through my soul, that total shock and sick horror, when I finally got just how badly I failed him, by believing his report cards. I am angry, and would love nothing better than going in the school and tossing a few hand grenades into a few offices, but I've got two years before he reaches 12th grade to fix this, and if I loose the good will of this diagnostician that got my son into another program by glimpsing at my paper realizing that it was a to do list, looking me in the eye and telling me to sign it and give it to him, I somewhat bemusedly said sure, signed it gave it to him and got my son tested for pragmatic speech, that same day, after casually chatting with me about it for five months, I got the "clue". the system is sick, however there are a lot of good people in it that do try to help our kids, before we start kicking tail and taking names, lets not kick the wrong tails. Joyce Re: Re: Need some upcoming ARD adviceGood Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a "B" but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter.Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The "gate keepers" can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like "Well, that wouldn't be fair to little Tommy." They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought.Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had "Content Mastery" students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was "Here are his modifications and you CAN"T give them below a seventy." But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum.Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets.Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people "normalize" these conditions and how few say, "Wait a minute; this isn't right. What is going on here?"Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out.Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! <347.gif><330.gif>The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it.You will have to become a "B." You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for "heresy." Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data.Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 I don't know Tommmy, they seemed pretty frustrated and upset at me today!!! I have never been so grateful for my advocate, cause she saw how bad things were getting and figured out a route that I would be more acceptable with. That OT today was out of line and now we have had to kick two people out of my daughter's evaluation.... Our school district is a joke in my opinion.....CarolynFrom: Tomas III To: Texas-Autism-Advocacy Sent: Fri, January 7, 2011 2:39:09 PMSubject: Re: Re: Need some upcoming ARD advice Joyce,If those are the "real" results of your son's education, then it seems obvious to me that the district's IEP isn't working and something else needs to be done. That does not mean that some of the staff are not trying to help, but in my experience, these people don't get angry when the parent takes action; they understand that without their parents' help, these special needs children will never move forward.You should consider looking into the Due Process route. Let me know if you're interested.Tommy I don't think I made myself clear, I am not afraid of no one liking me, not in the least, I am hesitant to totally alienate my son's school personnel, you see, I'm in a unique situation, my son according to the school has tested out of remdial reading, he has no actual basis or documented need for that resource. He's in it because of one diagnostician that "clued" me in on the whole parental request have to be signed and in writing before it's acted upon, he was the one I spoke to when my son failed his drivers test for the fifth time, and I approached the school with this "disparity" of results. He put my son in the reading 180 course, purely on his say so. believe me, setting down with my son, attempting to help him study for the drivers test, watching him read the question, after fifteen minutes passing finally turning to the page with the answer to the question, another five minutes, I point out the paragraph, he didn't see the answer, casually tapping the sentence, hoping to draw his eye, realizing he hasn't seen it, or made the connection. I'll always remember the cold feeling of horror that ran through my soul, that total shock and sick horror, when I finally got just how badly I failed him, by believing his report cards. I am angry, and would love nothing better than going in the school and tossing a few hand grenades into a few offices, but I've got two years before he reaches 12th grade to fix this, and if I loose the good will of this diagnostician that got my son into another program by glimpsing at my paper realizing that it was a to do list, looking me in the eye and telling me to sign it and give it to him, I somewhat bemusedly said sure, signed it gave it to him and got my son tested for pragmatic speech, that same day, after casually chatting with me about it for five months, I got the "clue". the system is sick, however there are a lot of good people in it that do try to help our kids, before we start kicking tail and taking names, lets not kick the wrong tails. Joyce Re: Re: Need some upcoming ARD adviceGood Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a "B" but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter.Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The "gate keepers" can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like "Well, that wouldn't be fair to little Tommy." They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought.Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had "Content Mastery" students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was "Here are his modifications and you CAN"T give them below a seventy." But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum.Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets.Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people "normalize" these conditions and how few say, "Wait a minute; this isn't right. What is going on here?"Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out.Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! <347.gif><330.gif>The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it.You will have to become a "B." You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for "heresy." Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data.Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 What is involved in due process? would I actually see my son's answers to his state test that he supposedly passed? trust me I'm not a total idiot, I know he's been passed through the system, I've requested my son's response sheet to these tests, the pragmatic speech test that he didn't qualify for because he scored one point to much, or the reading resource test that he passed showing that he didn't qualify for reading resource class. I didnt get his written responses to the test, I got the report from the reading teacher showing he passed however was weak in reading fluency. but to have him shown as passing the state tests, and can't pass the state drivers test, one the state of texas must only require a idiots level to graduate, or someone somewhere is forging state test results, it's one or the other. I chose the middle route, and approached the school district with the disparity in results, it's not really doing to much for Duncan, his reading teacher has called me twice asking to have him removed from her class, and they cancelled his social skills class saying he's already had it during the ninth grade. would due process get him more help? Joyce Re: Re: Need some upcoming ARD advice Good Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a "B" but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter.Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The "gate keepers" can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like "Well, that wouldn't be fair to little Tommy." They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought.Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had "Content Mastery" students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was "Here are his modifications and you CAN"T give them below a seventy." But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum.Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets.Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people "normalize" these conditions and how few say, "Wait a minute; this isn't right. What is going on here?"Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out.Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! <347.gif><330.gif>The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it.You will have to become a "B." You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for "heresy." Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data.Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 Joyce, I would get a good advocate and seek advice from them. Have they done the FIE within the last 3 yrs?? I would also ask for results from all evaluations. THey are required to share those with you prior to ARD. Is your son in school with an IEP? If not, I would write a letter to the special ed director asking for a full and individual evaluation. If so, I would ask for a reevaluation. An advocate could help you with the process. Sounds like you need one. Let me know if you are in the DFW area and if so I have a good one....CarolynTo: Texas-Autism-Advocacy Sent: Fri, January 7, 2011 3:24:48 PMSubject: Re: Re: Need some upcoming ARD advice What is involved in due process? would I actually see my son's answers to his state test that he supposedly passed? trust me I'm not a total idiot, I know he's been passed through the system, I've requested my son's response sheet to these tests, the pragmatic speech test that he didn't qualify for because he scored one point to much, or the reading resource test that he passed showing that he didn't qualify for reading resource class. I didnt get his written responses to the test, I got the report from the reading teacher showing he passed however was weak in reading fluency. but to have him shown as passing the state tests, and can't pass the state drivers test, one the state of texas must only require a idiots level to graduate, or someone somewhere is forging state test results, it's one or the other. I chose the middle route, and approached the school district with the disparity in results, it's not really doing to much for Duncan, his reading teacher has called me twice asking to have him removed from her class, and they cancelled his social skills class saying he's already had it during the ninth grade. would due process get him more help? Joyce Re: Re: Need some upcoming ARD advice Good Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a "B" but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter.Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The "gate keepers" can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like "Well, that wouldn't be fair to little Tommy." They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought.Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had "Content Mastery" students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was "Here are his modifications and you CAN"T give them below a seventy." But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum.Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets.Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people "normalize" these conditions and how few say, "Wait a minute; this isn't right. What is going on here?"Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out.Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! <347.gif><330.gif>The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it.You will have to become a "B." You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for "heresy." Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data.Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 I do not have the information necessary to give you a proper response to your questions, but allow me to briefly explain the normal "process". A school district (unless they are very wealthy) usually does the best it knows how within the constraints of its budget. In order to do so, many districts will try to place their special education children into classes and accommodations that already exist; this allows for the education to be provided at no additional cost. Most IEPs are developed with these things in mind. If a child needs something special or something extra to compensate for his disability OR the child is not showing results with the district's IEP (federal law requires that the IEP be made specifically with that child's strengths/weaknesses in mind), this is where most conflicts arise. The parents are not satisfied that the child is getting FAPE and questions the school about it. The school is then put into a difficult position of having to try and deflect the parents' concerns/defend its IEP/tread (either lightly or harshly) in a way that quiets the parents without invoking legal action.A Due Process Complaint brings the full force of federal law to bear on the district. It is a very serious matter to the district because, in the end, it costs them a lot of money. A hearing officer is assigned to preside over the case, and a true legal proceeding has begun. The district can no longer insist on things like they do in ARDs. They have to defend their IEPs and results with real evidence. In order to do this, they have to hire an attorney to represent them in the matter; they have to begin gathering whatever documentation they have to defend the case. Almost every one of these cases ends up at a mediation in an attempt to settle the case. This is where most cases get resolved. In most cases, the district will try to give more than it would have ever done through the ARD process in order to make the case "go away". That almost always includes payment for the parents' attorneys fees. If the case doesn't settle, the case will go to a hearing before the hearing officer and after the trial, a legal decision will be rendered. All of this is very stressful, time consuming and expensive for all parties. While no lawyer can guarantee results, most cases never get to the hearing because they settle at mediation. Obviously, there can be no settlement unless both the parents and the district agree to terms.The parents have much more leverage when the file a Due Process Complaint. After a parent has done this once, the district works a little harder for that parent in order not to have more litigation in the future.I hope this overview helps.Tommy What is involved in due process? would I actually see my son's answers to his state test that he supposedly passed? trust me I'm not a total idiot, I know he's been passed through the system, I've requested my son's response sheet to these tests, the pragmatic speech test that he didn't qualify for because he scored one point to much, or the reading resource test that he passed showing that he didn't qualify for reading resource class. I didnt get his written responses to the test, I got the report from the reading teacher showing he passed however was weak in reading fluency. but to have him shown as passing the state tests, and can't pass the state drivers test, one the state of texas must only require a idiots level to graduate, or someone somewhere is forging state test results, it's one or the other. I chose the middle route, and approached the school district with the disparity in results, it's not really doing to much for Duncan, his reading teacher has called me twice asking to have him removed from her class, and they cancelled his social skills class saying he's already had it during the ninth grade. would due process get him more help? Joyce Re: Re: Need some upcoming ARD advice Good Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a "B" but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter.Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The "gate keepers" can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like "Well, that wouldn't be fair to little Tommy." They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought.Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had "Content Mastery" students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was "Here are his modifications and you CAN"T give them below a seventy." But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum.Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets.Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people "normalize" these conditions and how few say, "Wait a minute; this isn't right. What is going on here?"Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out.Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! <347.gif><330.gif>The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it.You will have to become a "B." You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for "heresy." Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data.Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 That is going to happen anytime you challenge the district on its recommendations or IEPs or evaluations.Tommy I don't know Tommmy, they seemed pretty frustrated and upset at me today!!! I have never been so grateful for my advocate, cause she saw how bad things were getting and figured out a route that I would be more acceptable with. That OT today was out of line and now we have had to kick two people out of my daughter's evaluation.... Our school district is a joke in my opinion.....CarolynFrom: Tomas III To: Texas-Autism-Advocacy Sent: Fri, January 7, 2011 2:39:09 PMSubject: Re: Re: Need some upcoming ARD advice Joyce,If those are the "real" results of your son's education, then it seems obvious to me that the district's IEP isn't working and something else needs to be done. That does not mean that some of the staff are not trying to help, but in my experience, these people don't get angry when the parent takes action; they understand that without their parents' help, these special needs children will never move forward.You should consider looking into the Due Process route. Let me know if you're interested.Tommy I don't think I made myself clear, I am not afraid of no one liking me, not in the least, I am hesitant to totally alienate my son's school personnel, you see, I'm in a unique situation, my son according to the school has tested out of remdial reading, he has no actual basis or documented need for that resource. He's in it because of one diagnostician that "clued" me in on the whole parental request have to be signed and in writing before it's acted upon, he was the one I spoke to when my son failed his drivers test for the fifth time, and I approached the school with this "disparity" of results. He put my son in the reading 180 course, purely on his say so. believe me, setting down with my son, attempting to help him study for the drivers test, watching him read the question, after fifteen minutes passing finally turning to the page with the answer to the question, another five minutes, I point out the paragraph, he didn't see the answer, casually tapping the sentence, hoping to draw his eye, realizing he hasn't seen it, or made the connection. I'll always remember the cold feeling of horror that ran through my soul, that total shock and sick horror, when I finally got just how badly I failed him, by believing his report cards. I am angry, and would love nothing better than going in the school and tossing a few hand grenades into a few offices, but I've got two years before he reaches 12th grade to fix this, and if I loose the good will of this diagnostician that got my son into another program by glimpsing at my paper realizing that it was a to do list, looking me in the eye and telling me to sign it and give it to him, I somewhat bemusedly said sure, signed it gave it to him and got my son tested for pragmatic speech, that same day, after casually chatting with me about it for five months, I got the "clue". the system is sick, however there are a lot of good people in it that do try to help our kids, before we start kicking tail and taking names, lets not kick the wrong tails. Joyce Re: Re: Need some upcoming ARD adviceGood Advice Tommy! I had to get over being liked a long time ago. I never wanted to become a "B" but unfortunately that's the way they set it up, so a parent has to decide if they are going to just go along and watch their child's chances at a future slip away or they are going to defend their child's right to be taught to not just read the words (Hell, I can read Spanish phonetically, but if I can't understand the words, it does me no good), and far too many schools have the attitude that these kids futures don't matter.Parents need to know that all many schools care about is getting them to twenty-one and getting them out, having pocketed the special ed funds they provided while they were there.It is common practice to give work to these kids that is often below their intellect and trivial. Sometimes a parent might have to advocate for years to get them to raise the level of work or to get them to put a child in inclusion. The "gate keepers" can be masters at manipulation. If you ask for a service such as being put in inclusion with an aide, they DO NOT want to have to pay for an aide, so they will say things like "Well, that wouldn't be fair to little Tommy." They will turn it on you the parent, but always remember that no matter how much they say they care, they do not see the big picture. They do not think about post graduation. Once the kid is out on the street and unemployable, they never give it a second thought.Regarding the 504 kids and being given a 70 no matter what. First I can give you a perspective as a former teacher, but this was years ago when they had "Content Mastery" students. They never told us ANYTHING. They never had an in-service about the laws --whatever they were at the time. All we were ever told was "Here are his modifications and you CAN"T give them below a seventy." But in addition to that, we were always told that even for neuro-typical kids that we COULD NOT give any child below a fifty, which made no sense to me as I thought any child ought to get what they earned, but they told teachers that their computer wouldn't compute the grades below the minimum.Even as a teacher, I can tell you that I was trying to figure out what had changed as kids were all different from the days I went to school. They couldn't sit still. Many couldn't focus. I HATED whatever class came in after lunch --Talk about hyper! All pumped up from junk and sugar!!! Now I know that back then in the eighties, we were beginning to see changes in these kids due to an increase in vaccinations and environmental pollution and junk diets.Back then ADD and ADHD were what was beginning to be talked about. There was very little autism. I saw only one middle aged man in the eighties with autism. What gets me is how quickly most people "normalize" these conditions and how few say, "Wait a minute; this isn't right. What is going on here?"Now back to grading. You are right! This is a big problem and a rampant occurrence for special needs kids. They throw the IEP in a drawer and give a child busy work. They put great grades on the reports, and too often it is very late in the game when a parent figures it all out.Amass the real data that will show few skills and little real progress over the years, and then give 'em hell. I'm at the point where I have little faith a public school will provide a FAPE to a child that produces real progress, so it is up to parents to amass the paper trail that will either win one for them in a private school or win one for them in a private home school! <347.gif><330.gif>The sad part is that then when a parent stands up for his child --Most want to stand up for all and change things for all, but if the paper trail is good enough, a school is not going to want to wind up in DUE PROCESS where the outcome winds up a matter of record that is open to the public to see, so they will settle in a resolution meeting on in mediation where the records are sealed and the parents are barred form telling the nightmarish story. This makes it possible to only change things one child at a time. But if enough parents finally catch on to the very thing regarding grades and achievement that you have described and hold these districts accountable for it, then hopefully they will STOP doing it.You will have to become a "B." You will have to realize you are not going to be liked and will probably be hated --After all, you will show they broke federal and state laws and failed to provide a FAPE for your child. The Catholic church hated Galileo so much for proving the planets revolved around the sun rather than the Earth that they put him under house arrest for the rest of his life. It took the Church 400 years before it conceded Galileo was right and exonerated him for "heresy." Look at what they have done and continue to do to Dr. Wakefield for telling the truth. Fighting for the truth is the road less taken. It is the hilliest and rockiest of roads, but taking that road makes all the difference in the life of your child. Know that often in advocating, districts will push you to the very limit leaving you no choice but to file for DP. In some events, once they realize you are not afraid of DP, they will concede. Sometimes they will take it further. They like to see if they can intimidate parents with the prospect. Often when they see that you are not afraid to take it as far as you have to in order to get FAPE provided to your child, they will back down and concede. Be resolved and show no fear however far you have to go, but go in prepared with a paper trail and concrete, substantive data.Hope this helps. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 7, 2011 Report Share Posted January 7, 2011 Joyce,You are right, seeing a report is nothing compared to seeing the questions and the answers that he gave. But again, has he ever had standardized academic testing done by a diagnostician? Has he ever had a Woodcock REading Mastery Test, a Gray Oral Reading TEst, the Kaufman Test of Educationa l Achievement, a Woodcock- III Reading Battery etc....? If so you need to get these scores. I understand you don't want to alienate anyone you feel has tried to help. It may or may not come down to a choice between alienation and helping your child with the time that is left. If they have failed him in this area, then I beleive he is entitled to compensatory education in the area of reading. I don't think a lot of DP cases ever make it all the way to DP. Once it is filed, there is a resolution meeting unless the district waives this. Then there is the option of mediation to settle the dispute. How well you do as you what you can receive to help your son depends on the evidence and paper trail you amass. You said you told them of the disparity. Did you send them a letter about it. Telling them carries little weight as evidence, but showing several letters you wrote to the principal, special ed director, and superintendent to make them aware of the situation become evidence -- good evidence on your side if they fail to address the issue once you have provided it in writing. Get your son tested by an outside diagnostician to see where his reading weaknesses lie. My guess is these tests will explain why your son could not pass the driving test, and these results put you in a position to request compensatory services. You ask first and if they refuse, then you can file a DP complaint if you cannot come to an agreement that meets your child's " unique needs. " Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 10, 2011 Report Share Posted January 10, 2011 Wouldn't you want to FIRST file a complaint with TEA? Jumping right away to DP seems to leave some important steps out. When I talked to Advocacy Inc., they told me to file a complaint first - you still get the chance to settle BEFORE it gets to DP - it may not ever make it that far - but if it gets to DP, my understanding, and Advocacy Inc. said the same thing, you are going to need a lawyer. (If you've ever seen what TEA sends you after you filed DP, you would understand!) I would agree to find an advocate to help - the TEA is supposed to have numbers of some. I've got to get busy and file my own complaint - > > Joyce, > > You are right, seeing a report is nothing compared to seeing the questions > and the answers that he gave. But again, has he ever had standardized > academic testing done by a diagnostician? Has he ever had a Woodcock > REading Mastery Test, a Gray Oral Reading TEst, the Kaufman Test of > Educationa l Achievement, a Woodcock- III Reading Battery etc....? > If so you need to get these scores. > > I understand you don't want to alienate anyone you feel has tried to help. > It may or may not come down to a choice between alienation and helping your > child with the time that is left. If they have failed him in this area, > then I beleive he is entitled to compensatory education in the area of > reading. > > I don't think a lot of DP cases ever make it all the way to DP. Once it is > filed, there is a resolution meeting unless the district waives this. Then > there is the option of mediation to settle the dispute. How well you do as > you what you can receive to help your son depends on the evidence and paper > trail you amass. You said you told them of the disparity. Did you send > them a letter about it. Telling them carries little weight as evidence, but > showing several letters you wrote to the principal, special ed director, and > superintendent to make them aware of the situation become evidence -- good > evidence on your side if they fail to address the issue once you have > provided it in writing. > > Get your son tested by an outside diagnostician to see where his reading > weaknesses lie. My guess is these tests will explain why your son could not > pass the driving test, and these results put you in a position to request > compensatory services. You ask first and if they refuse, then you can file > a DP complaint if you cannot come to an agreement that meets your child's > " unique needs. " > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 10, 2011 Report Share Posted January 10, 2011 You do not have to file a complaint first. In fact, I would discourage that because the complaint process has very little teeth. A DP is a much better, more effective route to take, in my opinion. It will take a lawyer in most DP cases. That is one of the reasons they are so effective.Tommy Wouldn't you want to FIRST file a complaint with TEA? Jumping right away to DP seems to leave some important steps out. When I talked to Advocacy Inc., they told me to file a complaint first - you still get the chance to settle BEFORE it gets to DP - it may not ever make it that far - but if it gets to DP, my understanding, and Advocacy Inc. said the same thing, you are going to need a lawyer. (If you've ever seen what TEA sends you after you filed DP, you would understand!) I would agree to find an advocate to help - the TEA is supposed to have numbers of some. I've got to get busy and file my own complaint - > > Joyce, > > You are right, seeing a report is nothing compared to seeing the questions > and the answers that he gave. But again, has he ever had standardized > academic testing done by a diagnostician? Has he ever had a Woodcock > REading Mastery Test, a Gray Oral Reading TEst, the Kaufman Test of > Educationa l Achievement, a Woodcock- III Reading Battery etc....? > If so you need to get these scores. > > I understand you don't want to alienate anyone you feel has tried to help. > It may or may not come down to a choice between alienation and helping your > child with the time that is left. If they have failed him in this area, > then I beleive he is entitled to compensatory education in the area of > reading. > > I don't think a lot of DP cases ever make it all the way to DP. Once it is > filed, there is a resolution meeting unless the district waives this. Then > there is the option of mediation to settle the dispute. How well you do as > you what you can receive to help your son depends on the evidence and paper > trail you amass. You said you told them of the disparity. Did you send > them a letter about it. Telling them carries little weight as evidence, but > showing several letters you wrote to the principal, special ed director, and > superintendent to make them aware of the situation become evidence -- good > evidence on your side if they fail to address the issue once you have > provided it in writing. > > Get your son tested by an outside diagnostician to see where his reading > weaknesses lie. My guess is these tests will explain why your son could not > pass the driving test, and these results put you in a position to request > compensatory services. You ask first and if they refuse, then you can file > a DP complaint if you cannot come to an agreement that meets your child's > "unique needs." > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 10, 2011 Report Share Posted January 10, 2011 Surely you've heard of the family that is now having to repay the school district for the expense of having filed a complaint for thier failure in educating their autistic son. I would want to check into that case first prior to getting official in my efforts to get my son a "basic" education, at least to the point he's not staring at the answer to a reading question and not seeing it. I'll never forget that moment, I'm not backing down to the district, just covering my tracks, dotting my i's and crossing my t's. then taking the steps, my son deserves an education, just got to educate myself in order to educate him. Joyce Re: Re: Need some upcoming ARD advice You do not have to file a complaint first. In fact, I would discourage that because the complaint process has very little teeth. A DP is a much better, more effective route to take, in my opinion. It will take a lawyer in most DP cases. That is one of the reasons they are so effective. Tommy Wouldn't you want to FIRST file a complaint with TEA? Jumping right away to DP seems to leave some important steps out. When I talked to Advocacy Inc., they told me to file a complaint first - you still get the chance to settle BEFORE it gets to DP - it may not ever make it that far - but if it gets to DP, my understanding, and Advocacy Inc. said the same thing, you are going to need a lawyer. (If you've ever seen what TEA sends you after you filed DP, you would understand!)I would agree to find an advocate to help - the TEA is supposed to have numbers of some.I've got to get busy and file my own complaint - >> Joyce,> > You are right, seeing a report is nothing compared to seeing the questions> and the answers that he gave. But again, has he ever had standardized> academic testing done by a diagnostician? Has he ever had a Woodcock> REading Mastery Test, a Gray Oral Reading TEst, the Kaufman Test of> Educationa l Achievement, a Woodcock- III Reading Battery etc....?> If so you need to get these scores.> > I understand you don't want to alienate anyone you feel has tried to help.> It may or may not come down to a choice between alienation and helping your> child with the time that is left. If they have failed him in this area,> then I beleive he is entitled to compensatory education in the area of> reading.> > I don't think a lot of DP cases ever make it all the way to DP. Once it is> filed, there is a resolution meeting unless the district waives this. Then> there is the option of mediation to settle the dispute. How well you do as> you what you can receive to help your son depends on the evidence and paper> trail you amass. You said you told them of the disparity. Did you send> them a letter about it. Telling them carries little weight as evidence, but> showing several letters you wrote to the principal, special ed director, and> superintendent to make them aware of the situation become evidence -- good> evidence on your side if they fail to address the issue once you have> provided it in writing.> > Get your son tested by an outside diagnostician to see where his reading> weaknesses lie. My guess is these tests will explain why your son could not> pass the driving test, and these results put you in a position to request> compensatory services. You ask first and if they refuse, then you can file> a DP complaint if you cannot come to an agreement that meets your child's> "unique needs."> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 10, 2011 Report Share Posted January 10, 2011 That is always a prudent plan; being educated in the federal laws that govern this area is what is most lacking among parents. I have been involved in hundreds of these cases and I am confident that what I have indicated is accurate.Tommy Surely you've heard of the family that is now having to repay the school district for the expense of having filed a complaint for thier failure in educating their autistic son. I would want to check into that case first prior to getting official in my efforts to get my son a "basic" education, at least to the point he's not staring at the answer to a reading question and not seeing it. I'll never forget that moment, I'm not backing down to the district, just covering my tracks, dotting my i's and crossing my t's. then taking the steps, my son deserves an education, just got to educate myself in order to educate him. Joyce Re: Re: Need some upcoming ARD advice You do not have to file a complaint first. In fact, I would discourage that because the complaint process has very little teeth. A DP is a much better, more effective route to take, in my opinion. It will take a lawyer in most DP cases. That is one of the reasons they are so effective. Tommy Wouldn't you want to FIRST file a complaint with TEA? Jumping right away to DP seems to leave some important steps out. When I talked to Advocacy Inc., they told me to file a complaint first - you still get the chance to settle BEFORE it gets to DP - it may not ever make it that far - but if it gets to DP, my understanding, and Advocacy Inc. said the same thing, you are going to need a lawyer. (If you've ever seen what TEA sends you after you filed DP, you would understand!)I would agree to find an advocate to help - the TEA is supposed to have numbers of some.I've got to get busy and file my own complaint - >> Joyce,> > You are right, seeing a report is nothing compared to seeing the questions> and the answers that he gave. But again, has he ever had standardized> academic testing done by a diagnostician? Has he ever had a Woodcock> REading Mastery Test, a Gray Oral Reading TEst, the Kaufman Test of> Educationa l Achievement, a Woodcock- III Reading Battery etc....?> If so you need to get these scores.> > I understand you don't want to alienate anyone you feel has tried to help.> It may or may not come down to a choice between alienation and helping your> child with the time that is left. If they have failed him in this area,> then I beleive he is entitled to compensatory education in the area of> reading.> > I don't think a lot of DP cases ever make it all the way to DP. Once it is> filed, there is a resolution meeting unless the district waives this. Then> there is the option of mediation to settle the dispute. How well you do as> you what you can receive to help your son depends on the evidence and paper> trail you amass. You said you told them of the disparity. Did you send> them a letter about it. Telling them carries little weight as evidence, but> showing several letters you wrote to the principal, special ed director, and> superintendent to make them aware of the situation become evidence -- good> evidence on your side if they fail to address the issue once you have> provided it in writing.> > Get your son tested by an outside diagnostician to see where his reading> weaknesses lie. My guess is these tests will explain why your son could not> pass the driving test, and these results put you in a position to request> compensatory services. You ask first and if they refuse, then you can file> a DP complaint if you cannot come to an agreement that meets your child's> "unique needs."> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 11, 2011 Report Share Posted January 11, 2011 The very fact that you do need a lawyer for DP is discouraging and out of reach for most parents - especially if you have special needs children - we just don't have the money! My point, and what the lawyer at Advocacy Inc. told me, is that you can START with a complaint - and no it does not have the bite of a DP, but it still can GO there if you don't get the results you are seeking - why would you recommend jumping right TO DP first? You know lawyers do not come cheap!! > > > > > > Joyce, > > > > > > You are right, seeing a report is nothing compared to seeing the questions > > > and the answers that he gave. But again, has he ever had standardized > > > academic testing done by a diagnostician? Has he ever had a Woodcock > > > REading Mastery Test, a Gray Oral Reading TEst, the Kaufman Test of > > > Educationa l Achievement, a Woodcock- III Reading Battery etc....? > > > If so you need to get these scores. > > > > > > I understand you don't want to alienate anyone you feel has tried to help. > > > It may or may not come down to a choice between alienation and helping your > > > child with the time that is left. If they have failed him in this area, > > > then I beleive he is entitled to compensatory education in the area of > > > reading. > > > > > > I don't think a lot of DP cases ever make it all the way to DP. Once it is > > > filed, there is a resolution meeting unless the district waives this. Then > > > there is the option of mediation to settle the dispute. How well you do as > > > you what you can receive to help your son depends on the evidence and paper > > > trail you amass. You said you told them of the disparity. Did you send > > > them a letter about it. Telling them carries little weight as evidence, but > > > showing several letters you wrote to the principal, special ed director, and > > > superintendent to make them aware of the situation become evidence -- good > > > evidence on your side if they fail to address the issue once you have > > > provided it in writing. > > > > > > Get your son tested by an outside diagnostician to see where his reading > > > weaknesses lie. My guess is these tests will explain why your son could not > > > pass the driving test, and these results put you in a position to request > > > compensatory services. You ask first and if they refuse, then you can file > > > a DP complaint if you cannot come to an agreement that meets your child's > > > " unique needs. " > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 11, 2011 Report Share Posted January 11, 2011 I am very familiar with the price of lawyers, since I am one. However, most of the lawyers in this field will find a way to work with the moneys to assist the family to get what the child needs. The DP is just a much more effective process in my opinion.Tommy The very fact that you do need a lawyer for DP is discouraging and out of reach for most parents - especially if you have special needs children - we just don't have the money! My point, and what the lawyer at Advocacy Inc. told me, is that you can START with a complaint - and no it does not have the bite of a DP, but it still can GO there if you don't get the results you are seeking - why would you recommend jumping right TO DP first? You know lawyers do not come cheap!! > > > > > > Joyce, > > > > > > You are right, seeing a report is nothing compared to seeing the questions > > > and the answers that he gave. But again, has he ever had standardized > > > academic testing done by a diagnostician? Has he ever had a Woodcock > > > REading Mastery Test, a Gray Oral Reading TEst, the Kaufman Test of > > > Educationa l Achievement, a Woodcock- III Reading Battery etc....? > > > If so you need to get these scores. > > > > > > I understand you don't want to alienate anyone you feel has tried to help. > > > It may or may not come down to a choice between alienation and helping your > > > child with the time that is left. If they have failed him in this area, > > > then I beleive he is entitled to compensatory education in the area of > > > reading. > > > > > > I don't think a lot of DP cases ever make it all the way to DP. Once it is > > > filed, there is a resolution meeting unless the district waives this. Then > > > there is the option of mediation to settle the dispute. How well you do as > > > you what you can receive to help your son depends on the evidence and paper > > > trail you amass. You said you told them of the disparity. Did you send > > > them a letter about it. Telling them carries little weight as evidence, but > > > showing several letters you wrote to the principal, special ed director, and > > > superintendent to make them aware of the situation become evidence -- good > > > evidence on your side if they fail to address the issue once you have > > > provided it in writing. > > > > > > Get your son tested by an outside diagnostician to see where his reading > > > weaknesses lie. My guess is these tests will explain why your son could not > > > pass the driving test, and these results put you in a position to request > > > compensatory services. You ask first and if they refuse, then you can file > > > a DP complaint if you cannot come to an agreement that meets your child's > > > "unique needs." > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 11, 2011 Report Share Posted January 11, 2011 I agree, Tommy. And I have found special ed attorneys quite willing to work with parents regarding payment. If a parent goes to one who will not work out a reasonable payment and schedule, then that parent needs to keep looking until they do find one willing to make it affordable or give them a payment plan. I also think it's a good idea for a parent to go to an open DP and see how it works. Then parents can also look for parent advocates, such as myself who are willing to help as much as they can for free. I help parents learn to advocate for their kids and learn how to track real progress. I edit their letters to the district and have never charged a parent for doing this nor creating the Excel spreadsheets and chart graphs that inevitably have shown children are regressing or stagnating so long as parents are then willing to learn how to do it for themselves. I like teaching parents to do this. You will find professional advocates and parent advocates who are cheaper than lawyers who are willing to go to the ARD with you. I know for myself, if I have to do this, then I have to charge for travel and time enough to cover the expense of gas and a baby sitter. But I prefer empowering parents to advocate for their children themselves. I know a parent who was able to win ESY private placement without having to even file a complaint or go to DP. The parent was able to do this every year over several years. Now, it wasn't easy, and the parent had to grow a thick skin and put up with intimidation, and the district the child was in pushed it to the very brink where the next step was going to have to be complaint or DP, but when the district realized the parent was not going to back down, the district did and paid the tuition. It is all about the paper trail and evidence you can show. When districts offer your child an IEP, you have got to ask a LOT of " who, what when, where, and why " questions. You have to hold them accountable to the data from standardized testing. Do not let progress be determined by report cards and IEP progress reports. Have it written into the ARD agreement that progress is determined by performance on standardized academic (or behavioral, or adaptive etc...) testing. I don't think anyone can refute the disparity between great grades --even great TAKS grades and then have a kid who repeatedly can't pass a written driving test. That speaks volumes. If a child can't pass a written driver's test, standardized reading tests need to be done to discern the problem and appropriate action must be taken to address the unique reading needs fo the student. If the district fails to address this need, it has failed in providing FAPE. The testing can tell the true tale. Also know that in DP, if the parent prevails or even in a mediation meeting, quite often the lawyer fees are part of the agreement. It can be scary as if you do not prevail, then you will be responsible for attorney fees. Look at your evidence, that can tell you whether you have a good case or not. Districts will usually settle in mediation if they know the parent has good records and the records are going to make the district look bad. They then don't want it settled at DP as then it becomes a matter of public record for all to see. Meidation settlements are " closed " and kept private. So my suggestion to parents is to learn all about advocating that you can. s Law is in my opinion the best source. If you can't afford to go to one their seminars, buy their books and do EVERYTHING the " From Emotions to Advocacy " book tells you to do. The parent I was telling you about has a " paper trail " record of their child's education that is FIFTEEN notebooks long. But that parent started with one. If you can't afford the books, then ask questions here and those of us who have been at it for a while will help you learn. Don't become a victim and never feel like your child just has to take it or leave it. Laws only have meaning when someone advocates to hold others accountable to the law. A recent article written by Stacie Westfall, a noted horsewoman, talks about research into successful people. The most successful people were those who wrote down their goals AND also wrote down what they were willing to GIVE UP to achieve those goals --not just what they were willing to DO to achieve them. Is the parent willing to give up just " going along " ? Is the parent willing to give up time and possibly money? It takes time to amass evidence, sometimes a few years. Ia the parent willing to give up being " liked " ? What is the most important thing? It is very improtant that whatever needs to be done must be done to teach a child reading, writing, math, communicaton skills, social skills, and life skills/self help skills that will prepare the child for " post secondary education, independent living, and future employment. " If the program fails to get them to this destination, then it fails at providing FAPE. Not teaching a child to read well enough to pass a written driver's test is a pretty clear clue that someone messed up somewhere. While there are children who for whatever reasons cannot learn well enough to ever drive, I don't think this child is in that group. The grades he was given suggest that he should have been able to do this without a problem, so something is terribly wrong. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 11, 2011 Report Share Posted January 11, 2011 I agree with becoming an advocate or even hiring one - I did hire one regarding my son with a learning disorder. (which meant the school district DID bring their lawyer to the ARD meeting) I also have learned a lot from s law - I even have the book you mention. That said, I cannot afford ANY payment to a lawyer - that is why I do not understand jumping to DP right off the bat - You have to consider parents like myself, and I know I'm not the only parent with special needs children who does not have a lot of money! I agree greatly with the fact that you better be sure you have plenty of ammo going into this - I regret that I did not create a bigger paper trail with my ASD son who I have been asking for help for him for 2 years - You cannot repeat that enough about a paper trail - I can guarantee you that I have learned (hopefully not too late) to create a better paper trail. I am just speaking up for the parents who CAN'T afford a lawyer at all and who would feel like they have NO other alternative, that YES there is another way you can try FIRST - then IF you do indeed have enough information to back up your complaint, and you learn as you go, then maybe a parent WILL hire someone - please, just keep that in mind when issuing advice - that some parents just flat out do not have the funds to pay for a lawyer - me being one of them!! Dang, I'm trying to find a lawyer I can afford to get guardianship established for my 19 year old! > > I agree, Tommy. And I have found special ed attorneys quite willing to work > with parents regarding payment. If a parent goes to one who will not work > out a reasonable payment and schedule, then that parent needs to keep > looking until they do find one willing to make it affordable or give them a > payment plan. I also think it's a good idea for a parent to go to an open > DP and see how it works. > > Then parents can also look for parent advocates, such as myself who are > willing to help as much as they can for free. I help parents learn to > advocate for their kids and learn how to track real progress. I edit their > letters to the district and have never charged a parent for doing this nor > creating the Excel spreadsheets and chart graphs that inevitably have shown > children are regressing or stagnating so long as parents are then willing to > learn how to do it for themselves. > > I like teaching parents to do this. You will find professional advocates > and parent advocates who are cheaper than lawyers who are willing to go to > the ARD with you. I know for myself, if I have to do this, then I have to > charge for travel and time enough to cover the expense of gas and a baby > sitter. > > But I prefer empowering parents to advocate for their children themselves. > I know a parent who was able to win ESY private placement without having to > even file a complaint or go to DP. The parent was able to do this every > year over several years. Now, it wasn't easy, and the parent had to grow a > thick skin and put up with intimidation, and the district the child was in > pushed it to the very brink where the next step was going to have to be > complaint or DP, but when the district realized the parent was not going to > back down, the district did and paid the tuition. > > It is all about the paper trail and evidence you can show. When districts > offer your child an IEP, you have got to ask a LOT of " who, what when, > where, and why " questions. You have to hold them accountable to the data > from standardized testing. Do not let progress be determined by report > cards and IEP progress reports. Have it written into the ARD agreement that > progress is determined by performance on standardized academic (or > behavioral, or adaptive etc...) testing. > > I don't think anyone can refute the disparity between great grades --even > great TAKS grades and then have a kid who repeatedly can't pass a written > driving test. That speaks volumes. If a child can't pass a written > driver's test, standardized reading tests need to be done to discern the > problem and appropriate action must be taken to address the unique reading > needs fo the student. If the district fails to address this need, it has > failed in providing FAPE. The testing can tell the true tale. > > Also know that in DP, if the parent prevails or even in a mediation meeting, > quite often the lawyer fees are part of the agreement. It can be scary as > if you do not prevail, then you will be responsible for attorney fees. Look > at your evidence, that can tell you whether you have a good case or not. > Districts will usually settle in mediation if they know the parent has good > records and the records are going to make the district look bad. They then > don't want it settled at DP as then it becomes a matter of public record for > all to see. Meidation settlements are " closed " and kept private. > > So my suggestion to parents is to learn all about advocating that you can. > s Law is in my opinion the best source. If you can't afford to go to > one their seminars, buy their books and do EVERYTHING the " From Emotions to > Advocacy " book tells you to do. The parent I was telling you about has a > " paper trail " record of their child's education that is FIFTEEN notebooks > long. But that parent started with one. If you can't afford the books, > then ask questions here and those of us who have been at it for a while will > help you learn. > > Don't become a victim and never feel like your child just has to take it or > leave it. Laws only have meaning when someone advocates to hold others > accountable to the law. > > A recent article written by Stacie Westfall, a noted horsewoman, talks about > research into successful people. The most successful people were those who > wrote down their goals AND also wrote down what they were willing to GIVE UP > to achieve those goals --not just what they were willing to DO to achieve > them. Is the parent willing to give up just " going along " ? Is the parent > willing to give up time and possibly money? It takes time to amass > evidence, sometimes a few years. Ia the parent willing to give up being > " liked " ? What is the most important thing? It is very improtant that > whatever needs to be done must be done to teach a child reading, writing, > math, communicaton skills, social skills, and life skills/self help skills > that will prepare the child for " post secondary education, independent > living, and future employment. " If the program fails to get them to this > destination, then it fails at providing FAPE. > > Not teaching a child to read well enough to pass a written driver's test is > a pretty clear clue that someone messed up somewhere. While there are > children who for whatever reasons cannot learn well enough to ever drive, I > don't think this child is in that group. The grades he was given suggest > that he should have been able to do this without a problem, so something is > terribly wrong. > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 11, 2011 Report Share Posted January 11, 2011 Districts MAY NOT bring an attorney if the parent only brings an advocate. They may only have an attorney present if the parents bring an ATTORNEY If they bring an attorney when the parents have only brought an advocate, the district has violated procedure and the law. Haven Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 11, 2011 Report Share Posted January 11, 2011 It sounds like you are very well informed regarding the laws and how the process works. You must be an invaluable resource to the parents you work with. If I can ever help, let me know.Tommy I agree, Tommy. And I have found special ed attorneys quite willing to work with parents regarding payment. If a parent goes to one who will not work out a reasonable payment and schedule, then that parent needs to keep looking until they do find one willing to make it affordable or give them a payment plan. I also think it's a good idea for a parent to go to an open DP and see how it works. Then parents can also look for parent advocates, such as myself who are willing to help as much as they can for free. I help parents learn to advocate for their kids and learn how to track real progress. I edit their letters to the district and have never charged a parent for doing this nor creating the Excel spreadsheets and chart graphs that inevitably have shown children are regressing or stagnating so long as parents are then willing to learn how to do it for themselves. I like teaching parents to do this. You will find professional advocates and parent advocates who are cheaper than lawyers who are willing to go to the ARD with you. I know for myself, if I have to do this, then I have to charge for travel and time enough to cover the expense of gas and a baby sitter. But I prefer empowering parents to advocate for their children themselves. I know a parent who was able to win ESY private placement without having to even file a complaint or go to DP. The parent was able to do this every year over several years. Now, it wasn't easy, and the parent had to grow a thick skin and put up with intimidation, and the district the child was in pushed it to the very brink where the next step was going to have to be complaint or DP, but when the district realized the parent was not going to back down, the district did and paid the tuition. It is all about the paper trail and evidence you can show. When districts offer your child an IEP, you have got to ask a LOT of "who, what when, where, and why" questions. You have to hold them accountable to the data from standardized testing. Do not let progress be determined by report cards and IEP progress reports. Have it written into the ARD agreement that progress is determined by performance on standardized academic (or behavioral, or adaptive etc...) testing. I don't think anyone can refute the disparity between great grades --even great TAKS grades and then have a kid who repeatedly can't pass a written driving test. That speaks volumes. If a child can't pass a written driver's test, standardized reading tests need to be done to discern the problem and appropriate action must be taken to address the unique reading needs fo the student. If the district fails to address this need, it has failed in providing FAPE. The testing can tell the true tale. Also know that in DP, if the parent prevails or even in a mediation meeting, quite often the lawyer fees are part of the agreement. It can be scary as if you do not prevail, then you will be responsible for attorney fees. Look at your evidence, that can tell you whether you have a good case or not. Districts will usually settle in mediation if they know the parent has good records and the records are going to make the district look bad. They then don't want it settled at DP as then it becomes a matter of public record for all to see. Meidation settlements are "closed" and kept private. So my suggestion to parents is to learn all about advocating that you can. s Law is in my opinion the best source. If you can't afford to go to one their seminars, buy their books and do EVERYTHING the "From Emotions to Advocacy" book tells you to do. The parent I was telling you about has a "paper trail" record of their child's education that is FIFTEEN notebooks long. But that parent started with one. If you can't afford the books, then ask questions here and those of us who have been at it for a while will help you learn. Don't become a victim and never feel like your child just has to take it or leave it. Laws only have meaning when someone advocates to hold others accountable to the law. A recent article written by Stacie Westfall, a noted horsewoman, talks about research into successful people. The most successful people were those who wrote down their goals AND also wrote down what they were willing to GIVE UP to achieve those goals --not just what they were willing to DO to achieve them. Is the parent willing to give up just "going along"? Is the parent willing to give up time and possibly money? It takes time to amass evidence, sometimes a few years. Ia the parent willing to give up being "liked"? What is the most important thing? It is very improtant that whatever needs to be done must be done to teach a child reading, writing, math, communicaton skills, social skills, and life skills/self help skills that will prepare the child for "post secondary education, independent living, and future employment." If the program fails to get them to this destination, then it fails at providing FAPE. Not teaching a child to read well enough to pass a written driver's test is a pretty clear clue that someone messed up somewhere. While there are children who for whatever reasons cannot learn well enough to ever drive, I don't think this child is in that group. The grades he was given suggest that he should have been able to do this without a problem, so something is terribly wrong. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 11, 2011 Report Share Posted January 11, 2011 Thanks Tommy! I started out extremely naive and have worked hard to educate myself regarding special ed. At this point, if I just had the time and the money, I'd go back to law school, but for now my priority is the home schooling of my son, and I hope I can help other parents along the way advocate effectively for their children. Haven Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 21, 2011 Report Share Posted January 21, 2011 Been off the board for a while and just saw your reply, Haven. When I was advised that the school district wanted to bring their lawyer, that is what I told them - you can't have a lawyer if I don't have one! So, they said do you want to reschedule? I said I wasn't going to be getting a lawyer so how were we going to have an ARD if I didn't get one - was I going to be forced to get one?? My advocate is also a paralegal - so it wasn't as if I had NO legal advocate. At that point, I didn't care WHO they brought to the ARD meeting, and my advocate said to go ahead with it. The lawyer was basically there to make sure my advocate did not do something that was illegal, was my take on it. She had been stepping on toes trying to get information that the school district was not giving us - access to my son's school records - we had gained access to his special ed file, but our many requests to see his cumulative file were met with avoidance tactics - oh, we don't know where it is. We did end up, in the ARD, getting what I wanted - his placement AND compensatory services. He's having a very good year, now. > > Districts MAY NOT bring an attorney if the parent only brings an advocate. > They may only have an attorney present if the parents bring an ATTORNEY If > they bring an attorney when the parents have only brought an advocate, the > district has violated procedure and the law. > > Haven > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 21, 2011 Report Share Posted January 21, 2011 I'm glad things went well. However, Even if your advocate is a para legal, They violated procedure in having their lawyer there. What they did was illegal. Not giving you his records when asked is illegal. Please, write all these things down and the date, times, people involved, so that you have a paper trail. You would be well within your rights to file a complaint regarding these things, but since things went well and you got what you wanted --- just keep the paper trail for future reference. Again, I'm so glad things went well!Haven Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 21, 2011 Report Share Posted January 21, 2011 Thanks Haven - yes, I agree about them having a lawyer there and also my son's files - and will write this down - > > I'm glad things went well. However, Even if your advocate is a para legal, > They violated procedure in having their lawyer there. What they did was > illegal. Not giving you his records when asked is illegal. Please, write > all these things down and the date, times, people involved, so that you have > a paper trail. You would be well within your rights to file a complaint > regarding these things, but since things went well and you got what you > wanted --- just keep the paper trail for future reference. > > Again, I'm so glad things went well! > > Haven > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 21, 2011 Report Share Posted January 21, 2011 Haven: If they put on the ARD notice that the lawyer was coming, then they did not violate anything. They are allowed to bring their lawyer if they tell you in advance. Smart move? No. It just escalates things. But it is totally legal if they tell you they are bringing that person. Just FYI. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of Haven DeLaySent: Friday, January 21, 2011 5:39 PMTo: Texas-Autism-Advocacy Subject: Re: Re: Need some upcoming ARD advice I'm glad things went well. However, Even if your advocate is a para legal, They violated procedure in having their lawyer there. What they did was illegal. Not giving you his records when asked is illegal. Please, write all these things down and the date, times, people involved, so that you have a paper trail. You would be well within your rights to file a complaint regarding these things, but since things went well and you got what you wanted --- just keep the paper trail for future reference.Again, I'm so glad things went well!Haven Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 22, 2011 Report Share Posted January 22, 2011 Thanks, Hilda. This is good to know. I just know I would have mine there too if they ever did that. You are right. It really would escalate things. When I was in school we studied the meaning of freedom and what " right " means. We came up with, " Freedom means we are free only to do what is right. " I can see no other reason for a district to bring an attorney to an ARD other than that they:1. Wish to intimidate parents2. Have a great deal to hide3. Wish to put their own needs above those of a child. 4. As a means of manipulation whereby hiring the attorney to acquire a less than appropriate IEP. They would have to believe paying the attorney is more cost effective (will save money) over not bringing one and having to provide an appropriate program. I can't see one spending money on an attorney for this purpose unless they believe it is cost effective in the long run.I was told that according to the law, if a parent does not wish to bring an attorney that a district could not bring one. Can you point me to the law that states they can do this so long as they inform a parent? Thanks,Haven Quote Link to comment Share on other sites More sharing options...
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