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Re: Is IDEA really a joke in disguise?

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, I have experienced the frustrations and challenges you described in

your post. I can sooooo empathize with you!

Over the years (my son just exited the school system as he will be 21 in

August), I advocated for my son to point that in our school district

everyone from the Superintendent to the para-educators and related services

individuals knew me, that I meant business and expected to get the services

my son needed. I still did not always " win " , but learned how to " play the

game " for the benefit of my son's educational experience. The district

personnel knew that I knew IDEA and our own WA State " version " in the WAC

and had developed a network of resources I could count on for information

and/or assistance. I was even on our State's Special Education Advisory

Board to the State Superintendent for 9 years. Now I am tired. I ask myself

why was it so very difficult for the system to provide my son the education

he needed? Bottom line is FUNDING. Basic education funding applies to ALL

students. Special education funding is for excess costs associated with our

kiddos who require it. Our children are most often not even afforded the

basic education that their peers are. Most parents believe that special

education students rob the 'regular' student population of a good education

because it costs more for 'special education' services. Around here this

sentiment is rampant. In my opinion (and I know it is biased), school

districts truly do not focus first and foremost on providing a good basic

education for ALL students. Their definition of ALL is different than

mine-that's for sure. If they did, then our advocacy would not be so darned

gut-wrenching.

IDEA was created in 1975 because developmentally disabled individuals were

not allowed into the school systems. Not allowed an education-at all.

Parents had no legal support for their efforts to develop an equal playing

field within our country's public school system. It is far from perfect.

But it provides students and parents a legal platform from which to work

when they need one. IDEA provides a basis of national legal rights for our

children that all states have to adopt and apply. Problem is FUNDING -

actually the lack of - drives a huge wedge between school personnel and

parents whose students with special needs need special services just to

obtain a basic education. Whether or not funding issues were real in our

district I didn't know and did not care because the law states that what is

documented in the IEP is what the school district is to provide - period.

Doesn't happen, though.

IDEA is NOT a joke for these reasons. It was created for those students who

were not allowed an education and had no legal format from which to work

toward receiving an education. It is definitely not perfect. It does provide

parents leverage/tool/information for their advocacy efforts. It does force

public schools to be accountable - though they sure do fight against it.

Without it, public schools would be more of a joke than they often are.

This is my perspective on IDEA.

Janet, proud mom of , 20 y/o

WA state

From: [mailto: ] On Behalf

Of agirlnamedsuess21

Sent: Thursday, June 23, 2011 3:46 PM

To:

Subject: Is IDEA really a joke in disguise?

Someone posted an IDEA survey in another special needs group, which I had

seen before and possibly even filled out. I posted this reply, which I will

paste below, but I am wondering if anyone else out there sees the " whole

system and IDEA law " differently than it was presumably meant to be. I

really do not think IDEA law works as intended and is the biggest joke in

the USA today. Why should it be so difficult to get services? Isn't this why

these laws were created?

Anyway, here is my post:

I think I have seen this before, but I fall into the first two catergories.

Without knowing with 100% certainty that my answers will change anything,

then I really don't want to even consider filling them out again (may have

filled them out before). Sorry if that sounds blunt or rude, but in nearly 8

years, I have learned that it does no good (for my child, me, or my family)

to waste time complaining about what has been violated in terms of our

rights.

I have complaints from Babies Can't Wait (Early Intervention) onward to the

public schools. What I have learned in all of this is that if a judge does

not enforce it and you do not have $$$ to hire these specialized attorneys

(currently the cheapest one I have found is $5000 just to retain and a good

one is $10,000 to retain), then you get screwed and by virtue, so does your

child.

The public school system has failed; therefore, schools are closing all over

the country. Parents are retreating to finding private services and

homeschooling.

Legal Aid attorneys are not what they are cracked up to be. They dragged

their butts for me for over two years then abandoned me (and my son) when I

persisted with wanting to file a Formal Complaint or Due Process. Now, I

have filed the Complaint myself, but boy is that a huge joke; the state DOE

hires the investigator!!!

In my opinion, and this is my opinion, IDEA law and getting it enforced is

one of the biggest jokes the USA has to offer. Slowly, I think more and more

parents are beginning to realize this.

I learned if I want something done right, then I best do it myself.

I took education and providing therapies for my children into my own hands

and they are getting everything they need and more.It takes diligence,

persistence, and a STRONG desire to want to help your

child(ren) more than anything else in this world. Once you have gotten to

that point, you will see if from this same viewpoint.

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In response to what you have written (very well, I might add :), I want to post

a letter that I received from the Georgia DOE regarding my *enrolled* son. The

school systems have to REQUEST funding formm the state in order to get it. The

schools who do not want to provide the services will simply not request the

funding (proof with be uploaded in the files if I can...if not, I will copy

paste here).

I agree with why you said IDEA was created. My point is that with so many

schools closing around the country and so many people having to fight so darn

hard (and many cannot because they hold full time jobs outside of that full-time

job of fighting), I see that schools are still trying to not provide the basic

education for our kids with special needs. They are trying and some winning to

force our kids out of the system.

Is it working? For some, yes. For others, they die trying and by the time their

child is 21, they are very tired (like you).

I will try to upoad the file and I will label it as FUNDING NOT REQUESTED.

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Charlyne,

Nah! There have been too many attorneys involved and too many meetings. They

were/are very aware of his homebound status. They had the doctor's deposition

and all the homebound forms from doctors.

They knew. They just refused to provide.

However, they are playing the " we did not know card " , but I have tape recordings

of the meetings...they knew...they are just a sorry excuse for a school system.

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> > From: agirlnamedsuess21 <agirlnamedsuess@>

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> > Subject: Re: Is IDEA really a joke in disguise?

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> > Date: Friday, June 24, 2011, 12:47 PM

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want to post a letter that I received from the Georgia DOE regarding my

*enrolled* son. The school systems have to REQUEST funding formm the state in

order to get it. The schools who do not want to provide the services will simply

not request the funding (proof with be uploaded in the files if I can...if not,

I will copy paste here).

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> > I agree with why you said IDEA was created. My point is that with so many

schools closing around the country and so many people having to fight so darn

hard (and many cannot because they hold full time jobs outside of that full-time

job of fighting), I see that schools are still trying to not provide the basic

education for our kids with special needs. They are trying and some winning to

force our kids out of the system.

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> > Is it working? For some, yes. For others, they die trying and by the time

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YES, which makes it bvious that they never intended on providing him services to

begin with. We met at the end of October and again in November with attorneys.

Every step of the way, they indicated they intended on providing services. Since

it is *mandatory* to report students with special needs to get funding for them

in the months of October and March, then one would think they would have

reported him (especially since they kept playing the *poor county* card for

reason for denial of services). It really would have been even worse had they

claimed him, received funds, and still not given services.

I am not surprised. I heard the other day from an adjacent county resident that

s County took a family to court over a child who was homebound due to

leukemia (truancy charge); the saddest part of the whole story was that the

child DIED and this is why the child was not at school. I think the child was

supposed to be getting homebound services during treatments or when actively

ill, but there was no follow up from the school system for the child. The child

had died and they claimed the child was truant.

This county is very sad.

Some day in the future after I have helped others get services for their

children in this county (and helped to turn it around), I would like to move.

There is so much apathy in this county that it bothers me.

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> > > From: agirlnamedsuess21 <agirlnamedsuess@>

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> > > In response to what you have written (very well, I might add :), I

want to post a letter that I received from the Georgia DOE regarding my

*enrolled* son. The school systems have to REQUEST funding formm the state in

order to get it. The schools who do not want to provide the services will simply

not request the funding (proof with be uploaded in the files if I can...if not,

I will copy paste here).

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> > > I agree with why you said IDEA was created. My point is that with so many

schools closing around the country and so many people having to fight so darn

hard (and many cannot because they hold full time jobs outside of that full-time

job of fighting), I see that schools are still trying to not provide the basic

education for our kids with special needs. They are trying and some winning to

force our kids out of the system.

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> > > Is it working? For some, yes. For others, they die trying and by the time

their child is 21, they are very tired (like you).

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