Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 Sadly, sounds like it will have to start all over again...Sent from my iPhone Thank goodness! And thanks to cell phones that record! Still this is awful how difficult this is for the parents of this child. What happens to the case? How can there be a ruling? = Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 I think that what needs to happen is we all start writing our state reps to complain. I have been working insurance claims for 20 years and there is absolutely no administrative hearing process that is fair to all the parties involved. But my question is why are we allowing it to get there in the first place. Changes need to take place in legislation that force schools to either accept the doctors diagnosis and make the appropriate accomodations based on the care givers or if the school district does not agree, then they must get a medical review & exam on their dime, in order to dispute the medical diagnosis and findings. After that, if there is a dispute, it goes before a jury trial, not a TEA Administrative hearing. Just my thoughts. As a Claims Adjuster, if I denied a claim based on doubting the diagnosis, I would be required to have a medical finding that was to the contrary or I would have the accept the diagnosis of the claimant's doctor. Needs to be the same with the schools. Hutchins Thank goodness! And thanks to cell phones that record! Still this is awful how difficult this is for the parents of this child. What happens to the case? How can there be a ruling? Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 I agree. We need impartial juries. I think it ridiculous that the advocates are paid by the state, the hearing officers are tied to the TEA, and it is all very stacked against the child.That it will have to start all over again is tragic. someone other than the parents needs to be responsible for the first round of legal bills for these parents. The hearing officer wasted their time and money. Haven Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 I agree somewhat, but we must be very careful, as there are many doctors out there just wanting to make a buck. What is sad is that in many cases (including my daughter's) they pay for the IEE (individual educational evaluation) by an outside source- contract and all, and still refuse to accept the diagnosis!!!! It must be of the parents choosing, otherwise it is too easy to influence individuals to dispute diagnoses!! My daughter now has an educational diagnosis and a medical diagnosis as well as a psychologist's diagnosis and they still refuse to give her services as PDD-NOS... The only reason she has services is that she has also been diagnosed as epileptic.... Carolyn To: Texas-Autism-Advocacy Sent: Monday, February 13, 2012 11:09 AMSubject: Re: Re: Sleeping TEA Judge Resigns!!!!! I think that what needs to happen is we all start writing our state reps to complain. I have been working insurance claims for 20 years and there is absolutely no administrative hearing process that is fair to all the parties involved. But my question is why are we allowing it to get there in the first place. Changes need to take place in legislation that force schools to either accept the doctors diagnosis and make the appropriate accomodations based on the care givers or if the school district does not agree, then they must get a medical review & exam on their dime, in order to dispute the medical diagnosis and findings. After that, if there is a dispute, it goes before a jury trial, not a TEA Administrative hearing. Just my thoughts. As a Claims Adjuster, if I denied a claim based on doubting the diagnosis, I would be required to have a medical finding that was to the contrary or I would have the accept the diagnosis of the claimant's doctor. Needs to be the same with the schools. Hutchins Thank goodness! And thanks to cell phones that record! Still this is awful how difficult this is for the parents of this child. What happens to thecase? How can there be a ruling? Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 I agree Haven, how many of us have already been through the legal rounds with these school districts?? I was blessed, but there are SO many others that don't do as well, and my daughter is still without a diagnosis in the special education system. Someday, I hope it will turn around, but I don't think unless we force the issue that anything will ever be done. Yes there are laws out there for so many things (like ABA) but there are too many loopholes and tarpits that we can still fall out of being covered or getting help for our children. It is almost like they want them to fail... Carolyn To: Texas-Autism-Advocacy Sent: Monday, February 13, 2012 11:17 AMSubject: Re: Re: Sleeping TEA Judge Resigns!!!!! I agree. We need impartial juries. I think it ridiculous that the advocates are paid by the state, the hearing officers are tied to the TEA, and it is all very stacked against the child.That it will have to start all over again is tragic. someone other than the parents needs to be responsible for the first round of legal bills for these parents. The hearing officer wasted their time and money.Haven Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 There are MANY advocates that are not funded by the state. LorettaSent from my iPad2 I agree. We need impartial juries. I think it ridiculous that the advocates are paid by the state, the hearing officers are tied to the TEA, and it is all very stacked against the child.That it will have to start all over again is tragic. someone other than the parents needs to be responsible for the first round of legal bills for these parents. The hearing officer wasted their time and money. Haven Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 Most of them are very expensive...CarolynSent from my iPhone There are MANY advocates that are not funded by the state. LorettaSent from my iPad2 I agree. We need impartial juries. I think it ridiculous that the advocates are paid by the state, the hearing officers are tied to the TEA, and it is all very stacked against the child.That it will have to start all over again is tragic. someone other than the parents needs to be responsible for the first round of legal bills for these parents. The hearing officer wasted their time and money. Haven = Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 Carolyn:Do you think that most of the school districts would still challenge if they had to actually pony up the bucks to have a child tested, if they disputed the child's doctor's findings and it was around a cost of between $750-$1500? I'm talking if a child was diagnosed by a neuro, make it to where they have to go get an opinion from a neuro as well. I'm just trying to get an idea as to how far they would actually go, if the end recourse, of not accepting a diagnosis, was not stacked in their favor as it is now. I agree somewhat, but we must be very careful, as there are many doctors out there just wanting to make a buck. What is sad is that in many cases (including my daughter's) they pay for the IEE (individual educational evaluation) by an outside source- contract and all, and still refuse to accept the diagnosis!!!! It must be of the parents choosing, otherwise it is too easy to influence individuals to dispute diagnoses!! My daughter now has an educational diagnosis and a medical diagnosis as well as a psychologist's diagnosis and they still refuse to give her services as PDD-NOS... The only reason she has services is that she has also been diagnosed as epileptic.... Carolyn To: Texas-Autism-Advocacy Sent: Monday, February 13, 2012 11:09 AM Subject: Re: Re: Sleeping TEA Judge Resigns!!!!! I think that what needs to happen is we all start writing our state reps to complain. I have been working insurance claims for 20 years and there is absolutely no administrative hearing process that is fair to all the parties involved. But my question is why are we allowing it to get there in the first place. Changes need to take place in legislation that force schools to either accept the doctors diagnosis and make the appropriate accomodations based on the care givers or if the school district does not agree, then they must get a medical review & exam on their dime, in order to dispute the medical diagnosis and findings. After that, if there is a dispute, it goes before a jury trial, not a TEA Administrative hearing. Just my thoughts. As a Claims Adjuster, if I denied a claim based on doubting the diagnosis, I would be required to have a medical finding that was to the contrary or I would have the accept the diagnosis of the claimant's doctor. Needs to be the same with the schools. Hutchins Thank goodness! And thanks to cell phones that record! Still this is awful how difficult this is for the parents of this child. What happens to thecase? How can there be a ruling? Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 Honestly I think the doctors can be bought to side with the school districts. I am a nurse, I know many who would do it... Besides, they don't have to accept their own IEE's, I figured this one out in August when they refused to accept my daughter's IEE PAID FOR BY THEM!!!! Apparently they are willing to waste their money, or maybe I should say OUR money. Beyond that, they are willing to chance lying to the parents and taking them to due process, losing and paying out their you know whats all to be able to deny services to our children.... Carolyn To: Texas-Autism-Advocacy Sent: Monday, February 13, 2012 1:42 PMSubject: Re: Re: Sleeping TEA Judge Resigns!!!!! Carolyn: Do you think that most of the school districts would still challenge if they had to actually pony up the bucks to have a child tested, if they disputed the child's doctor's findings and it was around a cost of between $750-$1500? I'm talking if a child was diagnosed by a neuro, make it to where they have to go get an opinion from a neuro as well. I'm just trying to get an idea as to how far they would actually go, if the end recourse, of not accepting a diagnosis, was not stacked in their favor as it is now. I agree somewhat, but we must be very careful, as there are many doctors out there just wanting to make a buck. What is sad is that in many cases (including my daughter's) they pay for the IEE (individual educational evaluation) by an outside source- contract and all, and still refuse to accept the diagnosis!!!! It must be of the parents choosing, otherwise it is too easy to influence individuals to dispute diagnoses!! My daughter now has an educational diagnosis and a medical diagnosis as well as a psychologist's diagnosis and they still refuse to give her services as PDD-NOS... The only reason she has services is that she has also been diagnosed as epileptic.... Carolyn To: Texas-Autism-Advocacy Sent: Monday, February 13, 2012 11:09 AMSubject: Re: Re: Sleeping TEA Judge Resigns!!!!! I think that what needs to happen is we all start writing our state reps to complain. I have been working insurance claims for 20 years and there is absolutely no administrative hearing process that is fair to all the parties involved. But my question is why are we allowing it to get there in the first place. Changes need to take place in legislation that force schools to either accept the doctors diagnosis and make the appropriate accomodations based on the care givers or if the school district does not agree, then they must get a medical review & exam on their dime, in order to dispute the medical diagnosis and findings. After that, if there is a dispute, it goes before a jury trial, not a TEA Administrative hearing. Just my thoughts. As a Claims Adjuster, if I denied a claim based on doubting the diagnosis, I would be required to have a medical finding that was to the contrary or I would have the accept the diagnosis of the claimant's doctor. Needs to be the same with the schools. Hutchins Thank goodness! And thanks to cell phones that record! Still this is awful how difficult this is for the parents of this child. What happens to thecase? How can there be a ruling? Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 13, 2012 Report Share Posted February 13, 2012 You would need to contract one who is willing to work with you. LorettaSent from my iPad2 Most of them are very expensive...CarolynSent from my iPhone There are MANY advocates that are not funded by the state. LorettaSent from my iPad2 I agree. We need impartial juries. I think it ridiculous that the advocates are paid by the state, the hearing officers are tied to the TEA, and it is all very stacked against the child.That it will have to start all over again is tragic. someone other than the parents needs to be responsible for the first round of legal bills for these parents. The hearing officer wasted their time and money. Haven = Quote Link to comment Share on other sites More sharing options...
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