Re: .... LOOKING FOR ADVICE... PLEASE (CUE,,IEP,,,DUE PROCESS?)

[Guest guest]

Wow that is really a tough situation. I would suggest getting a lawyer. When

you go to your IEP meeting tell them that the IEP from last year was good except

they aren't following it therefore what's the point of having one? They

absolutely must follow the IEP and it is rediculous that the teacher won't make

sure your son has his boots on, because yes it is her job to make sure the IEP

is followed. Also she must turn it on. How does it make any difference if he

has them on or not if she isn't turning her mic on. This is clear cut

discrimination and I would be screaming at this point.

So when you go to your IEP tell them you are getting a lawyer to make sure that

the fact that the IEP was not followed this past year does not go unpunished,

and to make sure that the next year it will be followed. I personally would not

be very cooperative since they come up with all these things and then simply

don't follow, I would have the attitude like " why should we have anything seeing

how you people don't do what is written and required of you by law? "

I'm not saying that would be most productive, I don't know, but I would

deffinately consult with a lawyer. Unfortunately the IEP is only two days away

otherwise I would suggest trying to get a lawyer to attend the meeting with you.

That would set them on fire and let them know you aren't going to sit by and let

them brake the law at your son's expense.

.... LOOKING FOR ADVICE... PLEASE (CUE,,IEP,,,DUE

PROCESS?)

Hi Everyone:

I will briefly explain my situation. Any advice will be greatly

appreciated.

Brief Background: Our son was born with a 75 bilaterial hearing

loss. Due to a " slight mistake " they forgot to do his hearing test

at birth so he was diagnosed at three years and was aided at the

same time. We were blessed to have him and are trying to figure out

the path to best help him.

We have a IEP that states the following:

1.A full time transliterator in the classroom all day everyday.

to provide him full and equal access to his classroom enviornment.

2.A FM System in the classroom along with boots.

3.A speech pathologist three times a week for 40/minutes each time

4.and a few other specifics to help him catch up on his delayed

speech.

My problem starts with

(1) The classroom teacher not wanting to wear the microphone (Even

though the IEP is VERY specific that it is worn ALL the time). So

we got her a tiny wireless clip on. After months and months she has

figured that she can wear it but not turn it on? Or take the

batteries out. Why I do not know. How ever it makes it very

difficult for our son to hear in a classroom setting.

(2) She tells him she is not reponsible for him putting on his

boots. (he's six) and she will not go out of her way to stop the

classroom for him to put them on. If you leave you seat while class

is going. You forfiet recess!

(3) The transliterator after 12 months not being able to pass the

provisional permit. Taking a Ednet class... not attending...Going

to training.... not participating..... Took her last recorded test

to Cue the Pledge of Alligance. She got less than 5% correct.

(4) In October 2003 the state sent my school district a letter

stating that the transliterator did NOT meet the minimum

requirements to be in the classroom and should not be in the class.

In November the State sent the transliterator and school district a

Cease and Decease Letter (certified).... my school district denied

recieving it. In December the state sent a certified letter stating

the transliterator and school district was breaking the state law by

having her in the classroom. It took me until April 29, 2004 to get

the state to give me copies of this information. My school district

up until this point had absolutely denied knowing the transliterator

was not qualified.

Side note: We actually have a number of certified transliterators

asking for the job.

(5) The classroom school teacher and other members of the IEP team

speaking with community members and other classroom teachers.

Stating. " This child does not use his transliterator because CUEING

DOES NOT WORK. " Along with going into details regarding his IEP.

This has been document as having happened by the Principal of the

school (in writting)

(6) This is just a " few " of the issues we are dealing with.

After the letter from the State Board of Education (4-29-04) Stating

that the school district has had full knowledge of the translierator

being unqualified and members of the IEP going into details with non

IEP members .... along with more than I care to mention.

My school district and Superintendent would like to meet in two days

to go over my sons IEP for next year.

My question is?????????? We have already have an IEP.... they just

do not care to follow it?????? What are the ramifications of

speaking about an IEP outside of the team ?????? What are the

ramifications of not having a transliterator in the classroom??????

What are the ramifications of the teacher not using the FM system or

his boots?????????????? What are the ramifications of them testing

him without parental permision?????????

What is my next step.????????? What do I say on the Wednesday

meeting??????????

HELP

CT

All messages posted to this list are private and confidential. Each post is

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restrictions.

[Guest guest]

YIKES! I would go to Ag Bell:

http://www.agbell.org/

for advocacy help.

I can't believe the teacher. What a terrible, terrible teacher. At

the IEP, you need a lawyer, an advocate and a tape recorder. But it

is so soon....do the best you can.

At the IEP try not to be emotional....break down afterwards.

Simply state that they have not complied with the IEP, the State or

you. Therefore, your obvious next step to get a lawyer and pursue

Due Process.

If all else fails...have you considered another school or district?

Please keep us posted.

Mom to , 5, progressive loss since age 3..CI on THURSDAY

, 3, hearing

Baby due in Nov

[Guest guest]

YIKES! I would go to Ag Bell:

http://www.agbell.org/

for advocacy help.

I can't believe the teacher. What a terrible, terrible teacher. At

the IEP, you need a lawyer, an advocate and a tape recorder. But it

is so soon....do the best you can.

At the IEP try not to be emotional....break down afterwards.

Simply state that they have not complied with the IEP, the State or

you. Therefore, your obvious next step to get a lawyer and pursue

Due Process.

If all else fails...have you considered another school or district?

Please keep us posted.

Mom to , 5, progressive loss since age 3..CI on THURSDAY

, 3, hearing

Baby due in Nov

[Guest guest]

First off, if you are not prepared for the meeting tell them you

can't make that day and give them dates you are available. They

can't just say it is a certain day, they have to check that it is

okay. And you are right, they should not be discussing his IEP

outside the meeting or with anyone not on the team. I always get a

letter of when they want to have it and I have to sign if I am able

to attend or need to reschedule. This day has already been decided

by myself and the TOD anyway, but is a formality.

If they are not following the IEP they are not following the law, you

need to find an advocate and a special ed lawyer to consult with. My

son has the transliterator to help with his equipment if needed. She

made sure his splitter was connected to the processor and on the

correct settings when he used the microlink FM for a while. She did

this before the school bell rang and it did not disrupt class. He is

10 years old and still needed a little guidance on it at times.

He had a teacher first quarter that refused to wear the boom mic.

When I found this out I told her his IEP, which is a legal document,

said that it was to be a boom mic and she HAD NO CHOICE in the

matter. She decided to wear it I was livid that the county audi

even brought her the lapel mic because the sound is so bad with them,

we had tried them before and he said it was not a good sound for him.

(She finally left the school because we kept bumping heads and the

administration told her to do what the TOD and I said and get her act

together where he was concerned, so she resigned due to lack of

administrative suport..boo hoo...NOT)

I just don't understand why some teachers don't like the equipment,

unless they just want to be cute. I have never had an issue with

wearing a mic, just the one teacher that didn't like the boom mic

this year. She also didn't like the transliterator walking to the

office and lunch and down to the bathroom door with him. It was like

hello lady, this is her job, to facilitate his communication in all

situations.

I wish you luck,

Elaine

[Guest guest]

We too were nice and paitent when it came to infractions of our child's IEP

but we have definately lived and learned since then. Of course the one that

suffered was our daughter and I would hate to see the same thing happen to

your child.

With the IEP only a couple of days away you really don't have time to pull

everything together that is necessary. You need to call your states advocacy

center and speak to someone about attending the IEP meeting with you. Before

that time put together a written time line about everything you have done, every

call you have made, every letter you have mailed or received. I kept all my

info in a note book so I could show it if necessary. This is one way to go.

The other way to go is Due Process. You should have received a

book,pamphlet, or paper of Parental Rights at your last IEP meeting. It will

tell you how

the Due Process procedure should go. I'm sure they are all similar but each

state must have their own guidelines I " m sure. I know here in LA once you

write a letter of intent to go Due Process the school system has 10 days to

reply

to your request and go to the hearing part. Due Process is like a court

trial. A judge will determine if there has been an infraction and will tell the

school to make the corrections if you win, or tell you you really don't have a

case if you lose. If you go this route you should have your proof, this is

where that notebook and timeline come in handy.

This may not all be 100% correct for your state, I'm just repeating from my

personal experience. If you are having these problems now don't continue to

wait. The school year is nearly over so the choice is yours. If these problems

continue next school year I would surely go with one or both of the above

early in the school year. Remember, as a parent it is your right to call for an

IEP meeting at any time if changes are deemed necessary.

The best of luck to you.

Gail

[Guest guest]

We too were nice and paitent when it came to infractions of our child's IEP

but we have definately lived and learned since then. Of course the one that

suffered was our daughter and I would hate to see the same thing happen to

your child.

With the IEP only a couple of days away you really don't have time to pull

everything together that is necessary. You need to call your states advocacy

center and speak to someone about attending the IEP meeting with you. Before

that time put together a written time line about everything you have done, every

call you have made, every letter you have mailed or received. I kept all my

info in a note book so I could show it if necessary. This is one way to go.

The other way to go is Due Process. You should have received a

book,pamphlet, or paper of Parental Rights at your last IEP meeting. It will

tell you how

the Due Process procedure should go. I'm sure they are all similar but each

state must have their own guidelines I " m sure. I know here in LA once you

write a letter of intent to go Due Process the school system has 10 days to

reply

to your request and go to the hearing part. Due Process is like a court

trial. A judge will determine if there has been an infraction and will tell the

school to make the corrections if you win, or tell you you really don't have a

case if you lose. If you go this route you should have your proof, this is

where that notebook and timeline come in handy.

This may not all be 100% correct for your state, I'm just repeating from my

personal experience. If you are having these problems now don't continue to

wait. The school year is nearly over so the choice is yours. If these problems

continue next school year I would surely go with one or both of the above

early in the school year. Remember, as a parent it is your right to call for an

IEP meeting at any time if changes are deemed necessary.

The best of luck to you.

Gail

[Guest guest]

Okay, first delay the meeting. There is NO reason for you to be forced into a

meeting when you are not ready, or to enter that meeting alone. A call or a

letter dropped off at the school is all it will take to delay the meeting.You

don't have to give a reason -- merely state that you will be unable to attend

and wish to rescheule it. At this point they have dragged their feet for so

long that another slight delay will be no big deal. It is better for you to

delay

the meeting until you are ready than to go and get upset. What will be

accomplished? You'll agree to something you don't want, or you'll walk out

terribly

upset. Neither is worth it. You should never enter a meeting feeling

pressured, unprepared and alone.

Next, find a lawyer. It may take several hours on the phone, but it is worth

it. I called the local bar association and got names of lawyers who

specialized in education and/or ADA/IDEA law. I also simply called lawyers whose

phone

book listings included things I thought were related. I eventually found one

who had actually sued our school district -- they recognized the name when I

informed them we were retaining him. You might be able to locate a lawyer before

the meeting, but I doubt there's time for him/her to be ready to attend it

with you. It does not sound like you will be able to resolve things with this

district without some well-informed or legal help. I had no luck finding an

advocate that was well-informed enough and able to attend the meetings with me.

The

lawyer made all the difference.

What the teacher is doing is illegal. Whether she likes cued speech or not,

it is dictated by the IEP and she must comply. She is not allowed to refuse to

use the equipement -- by removing the batteries she is intentionally denying

him use of mandated equipment -- she has intentionally sabatoged it! She is not

allowed to refuse him time to get the equipment -- that is also denying him

use of the equipment. She is intentionally undermining his IEP which is a legal

document, and she can be fired for that. But most important of all it is

illegal for her to discuss your son's issues in public -- with an aide, another

teacher or a parent, or even with a friend over lunch at the local diner. That

behavior may be legally actionable as breaching your son's right to privacy. By

that I mean, you might be able to sue her directly for that behavior, not

just get her fired. You said that the prinicpal has documented this behavior ...

request a copy of the letter -- and let the lawyer know that it exists.

(Perhaps a letter from the lawyer requesting a copy would get results.) It

discusses

your child, therefore you have a right to get a copy.

While I know it sounds like I'm pro-suing, that it not the case. I catually

hate the idea of having to go to court for anything. But when we found out just

how our school was breaking the law, we decided that we could not let it

continue. We never went to court, but we did get very close.

We went through a simliar situation with our son. When your child was

diagnosed is not important, so don't let yourself feel guilty about any of this.

The

school is acting in an unprofessional fashion and actually breaking laws. In

our case, Ian's teacher refused to allow the Spec Ed or TOD into " her "

classroom because she found them disruptive. She discussed our son with other

parents

(!) and yelled at him on a regular basis. I knew about the yelling because the

parent of a child in the classroom NEXT DOOR called me, concerned over what

her child had come home saying about how that woman screamed at our son and he

could clearly understand the screaming. The teacher had also repeatedly

informed me and other people that our son needed to be medicated for ADD (he

does

not have that). We had her up for disciplinary review inside of a week. (My

husband is also a teacher.)

You also noted that the school had been informed they had employed an

unqualified person by the State Ed Dept. You have a copy of the letter -- call

the

person who wrote the letter and ask for help about what to do next. Have notes

ready to help you explain what has/hasn't been done and what illegal activites

are occuring. The lady I spoke with at the State Ed Dpet. was VERY helpful to

me -- telling me how best to proceed and what she needed me to fax to her.

(When I did that, I unknowingly brought the wrath of the State Ed Dept down on

the district.) She was the person who told me I needed to call a lawyer. I

thought I was just stupid about procedures and what was possible as far as

services went.

Take the email you wrote to us and put it into a letter stating what has been

happening. It could be used to familiarize a lawyer with your situation. Or

it could be part of an official appeal to the State Ed Department. You can also

go after this teacher's job. Have her put onto disciplinary review and even

get her fired. From what I've read in your letter, she should be. One of the

teachers we had issues with went on " leave " for about 6 months after the abusive

behavior was " brought to the district's attention. " I never knew the exact

circumstances -- it is not legal for me to know the details of her

circumstances just like it was not legal for her to discuss my son's. But she

was removed

from contact with children for half the school year. (She is back now and will

cross the street to avoid me.)

The district has lied to you, denied knowledge of the regulations and allowed

abusive behavior to continue in the classroom. You have every right to be

angry. Do not be afriad to refer to the treatment of your son as " abusive "

because, IMHO, it is.

Take a deel breathe, pour yourself a fresh cuppa coffee (or tea or soda) and

pick up the phone ... you can do this!

Best of luck -- jill

[Guest guest]

Okay, first delay the meeting. There is NO reason for you to be forced into a

meeting when you are not ready, or to enter that meeting alone. A call or a

letter dropped off at the school is all it will take to delay the meeting.You

don't have to give a reason -- merely state that you will be unable to attend

and wish to rescheule it. At this point they have dragged their feet for so

long that another slight delay will be no big deal. It is better for you to

delay

the meeting until you are ready than to go and get upset. What will be

accomplished? You'll agree to something you don't want, or you'll walk out

terribly

upset. Neither is worth it. You should never enter a meeting feeling

pressured, unprepared and alone.

Next, find a lawyer. It may take several hours on the phone, but it is worth

it. I called the local bar association and got names of lawyers who

specialized in education and/or ADA/IDEA law. I also simply called lawyers whose

phone

book listings included things I thought were related. I eventually found one

who had actually sued our school district -- they recognized the name when I

informed them we were retaining him. You might be able to locate a lawyer before

the meeting, but I doubt there's time for him/her to be ready to attend it

with you. It does not sound like you will be able to resolve things with this

district without some well-informed or legal help. I had no luck finding an

advocate that was well-informed enough and able to attend the meetings with me.

The

lawyer made all the difference.

What the teacher is doing is illegal. Whether she likes cued speech or not,

it is dictated by the IEP and she must comply. She is not allowed to refuse to

use the equipement -- by removing the batteries she is intentionally denying

him use of mandated equipment -- she has intentionally sabatoged it! She is not

allowed to refuse him time to get the equipment -- that is also denying him

use of the equipment. She is intentionally undermining his IEP which is a legal

document, and she can be fired for that. But most important of all it is

illegal for her to discuss your son's issues in public -- with an aide, another

teacher or a parent, or even with a friend over lunch at the local diner. That

behavior may be legally actionable as breaching your son's right to privacy. By

that I mean, you might be able to sue her directly for that behavior, not

just get her fired. You said that the prinicpal has documented this behavior ...

request a copy of the letter -- and let the lawyer know that it exists.

(Perhaps a letter from the lawyer requesting a copy would get results.) It

discusses

your child, therefore you have a right to get a copy.

While I know it sounds like I'm pro-suing, that it not the case. I catually

hate the idea of having to go to court for anything. But when we found out just

how our school was breaking the law, we decided that we could not let it

continue. We never went to court, but we did get very close.

We went through a simliar situation with our son. When your child was

diagnosed is not important, so don't let yourself feel guilty about any of this.

The

school is acting in an unprofessional fashion and actually breaking laws. In

our case, Ian's teacher refused to allow the Spec Ed or TOD into " her "

classroom because she found them disruptive. She discussed our son with other

parents

(!) and yelled at him on a regular basis. I knew about the yelling because the

parent of a child in the classroom NEXT DOOR called me, concerned over what

her child had come home saying about how that woman screamed at our son and he

could clearly understand the screaming. The teacher had also repeatedly

informed me and other people that our son needed to be medicated for ADD (he

does

not have that). We had her up for disciplinary review inside of a week. (My

husband is also a teacher.)

You also noted that the school had been informed they had employed an

unqualified person by the State Ed Dept. You have a copy of the letter -- call

the

person who wrote the letter and ask for help about what to do next. Have notes

ready to help you explain what has/hasn't been done and what illegal activites

are occuring. The lady I spoke with at the State Ed Dpet. was VERY helpful to

me -- telling me how best to proceed and what she needed me to fax to her.

(When I did that, I unknowingly brought the wrath of the State Ed Dept down on

the district.) She was the person who told me I needed to call a lawyer. I

thought I was just stupid about procedures and what was possible as far as

services went.

Take the email you wrote to us and put it into a letter stating what has been

happening. It could be used to familiarize a lawyer with your situation. Or

it could be part of an official appeal to the State Ed Department. You can also

go after this teacher's job. Have her put onto disciplinary review and even

get her fired. From what I've read in your letter, she should be. One of the

teachers we had issues with went on " leave " for about 6 months after the abusive

behavior was " brought to the district's attention. " I never knew the exact

circumstances -- it is not legal for me to know the details of her

circumstances just like it was not legal for her to discuss my son's. But she

was removed

from contact with children for half the school year. (She is back now and will

cross the street to avoid me.)

The district has lied to you, denied knowledge of the regulations and allowed

abusive behavior to continue in the classroom. You have every right to be

angry. Do not be afriad to refer to the treatment of your son as " abusive "

because, IMHO, it is.

Take a deel breathe, pour yourself a fresh cuppa coffee (or tea or soda) and

pick up the phone ... you can do this!

Best of luck -- jill

[Guest guest]

In a message dated 5/3/2004 8:09:27 PM Eastern Daylight Time,

bulldogent@... writes:

What are the ramifications of them testing

him without parental permision?????????

_______________________

On this note, it depends on what kind of testing they are doing. Some testing

does not require parental permission and others do. You'd have to ask the

State Ed Dept (or a lawyer) about it. Get the names of the tests they have

administered and do a google search for the names .. perhaps you can find some

answers that way. I'd get the test names and call the State Ed Dept to find out

what is allowed in your state.

I am notified of the " triennial testing " whenever it takes place -- NY

re-tests every 3 years but I don't think I have to consent to it. (I'll have to

check) But I've sign a permission slip each year for Ian to be given the SAT

(Stamford Acheivement Test) and anotehr academic test. He is now an 8th grader,

so

the testing they'd do with him differsa bit from ones given to a

kindergartner.

Best -- jill

[Guest guest]

In a message dated 5/3/2004 8:09:27 PM Eastern Daylight Time,

bulldogent@... writes:

What are the ramifications of them testing

him without parental permision?????????

_______________________

On this note, it depends on what kind of testing they are doing. Some testing

does not require parental permission and others do. You'd have to ask the

State Ed Dept (or a lawyer) about it. Get the names of the tests they have

administered and do a google search for the names .. perhaps you can find some

answers that way. I'd get the test names and call the State Ed Dept to find out

what is allowed in your state.

I am notified of the " triennial testing " whenever it takes place -- NY

re-tests every 3 years but I don't think I have to consent to it. (I'll have to

check) But I've sign a permission slip each year for Ian to be given the SAT

(Stamford Acheivement Test) and anotehr academic test. He is now an 8th grader,

so

the testing they'd do with him differsa bit from ones given to a

kindergartner.

Best -- jill

[Guest guest]

In a message dated 5/3/2004 8:09:27 PM Eastern Daylight Time,

bulldogent@... writes:

What are the ramifications of them testing

him without parental permision?????????

_______________________

On this note, it depends on what kind of testing they are doing. Some testing

does not require parental permission and others do. You'd have to ask the

State Ed Dept (or a lawyer) about it. Get the names of the tests they have

administered and do a google search for the names .. perhaps you can find some

answers that way. I'd get the test names and call the State Ed Dept to find out

what is allowed in your state.

I am notified of the " triennial testing " whenever it takes place -- NY

re-tests every 3 years but I don't think I have to consent to it. (I'll have to

check) But I've sign a permission slip each year for Ian to be given the SAT

(Stamford Acheivement Test) and anotehr academic test. He is now an 8th grader,

so

the testing they'd do with him differsa bit from ones given to a

kindergartner.

Best -- jill

[Guest guest]

My son is only four months old so we have not had to deal with the school

system yet. However, I am a first grade teacher and I am very familiar with

IEPs. Get a lawyer....as a teacher, I am required by law to do what it

says. It is also a private document, only to be viewed and discussed by the

people who have signed it. Our principal reminds us frequently how

mandatory it is that we follow the IEPs exactly as they are written or we,

individually, the school itself, and the school board can all be sued. Your

son's education is obviously not a priority where you are now. Getting a

lawyer may be enough to make them feel threatened. I am very sorry you are

going through this. As a teacher, I am disappointed by those who go out of

their way to work against students and parents. I can not imagine ever

doing such a thing. It is frustrating to have to do some parts of an IEP

but that is the teacher's job - if she doesn't like it, she needs a new

profession. I hope it all works well - good luck. Keep us posted.

Dianne

Jack, 2, hearing but not always listening

Liam, 4 months, mild hearing loss, BTE at 9 weeks

.... LOOKING FOR ADVICE... PLEASE (CUE,,IEP,,,DUE

PROCESS?)

> Hi Everyone:

>

> I will briefly explain my situation. Any advice will be greatly

> appreciated.

>

> Brief Background: Our son was born with a 75 bilaterial hearing

> loss. Due to a " slight mistake " they forgot to do his hearing test

> at birth so he was diagnosed at three years and was aided at the

> same time. We were blessed to have him and are trying to figure out

> the path to best help him.

>

> We have a IEP that states the following:

> 1.A full time transliterator in the classroom all day everyday.

> to provide him full and equal access to his classroom enviornment.

> 2.A FM System in the classroom along with boots.

> 3.A speech pathologist three times a week for 40/minutes each time

> 4.and a few other specifics to help him catch up on his delayed

> speech.

>

> My problem starts with

> (1) The classroom teacher not wanting to wear the microphone (Even

> though the IEP is VERY specific that it is worn ALL the time). So

> we got her a tiny wireless clip on. After months and months she has

> figured that she can wear it but not turn it on? Or take the

> batteries out. Why I do not know. How ever it makes it very

> difficult for our son to hear in a classroom setting.

>

> (2) She tells him she is not reponsible for him putting on his

> boots. (he's six) and she will not go out of her way to stop the

> classroom for him to put them on. If you leave you seat while class

> is going. You forfiet recess!

>

> (3) The transliterator after 12 months not being able to pass the

> provisional permit. Taking a Ednet class... not attending...Going

> to training.... not participating..... Took her last recorded test

> to Cue the Pledge of Alligance. She got less than 5% correct.

>

> (4) In October 2003 the state sent my school district a letter

> stating that the transliterator did NOT meet the minimum

> requirements to be in the classroom and should not be in the class.

> In November the State sent the transliterator and school district a

> Cease and Decease Letter (certified).... my school district denied

> recieving it. In December the state sent a certified letter stating

> the transliterator and school district was breaking the state law by

> having her in the classroom. It took me until April 29, 2004 to get

> the state to give me copies of this information. My school district

> up until this point had absolutely denied knowing the transliterator

> was not qualified.

>

> Side note: We actually have a number of certified transliterators

> asking for the job.

>

> (5) The classroom school teacher and other members of the IEP team

> speaking with community members and other classroom teachers.

> Stating. " This child does not use his transliterator because CUEING

> DOES NOT WORK. " Along with going into details regarding his IEP.

> This has been document as having happened by the Principal of the

> school (in writting)

>

> (6) This is just a " few " of the issues we are dealing with.

>

> After the letter from the State Board of Education (4-29-04) Stating

> that the school district has had full knowledge of the translierator

> being unqualified and members of the IEP going into details with non

> IEP members .... along with more than I care to mention.

>

> My school district and Superintendent would like to meet in two days

> to go over my sons IEP for next year.

>

> My question is?????????? We have already have an IEP.... they just

> do not care to follow it?????? What are the ramifications of

> speaking about an IEP outside of the team ?????? What are the

> ramifications of not having a transliterator in the classroom??????

> What are the ramifications of the teacher not using the FM system or

> his boots?????????????? What are the ramifications of them testing

> him without parental permision?????????

>

> What is my next step.????????? What do I say on the Wednesday

> meeting??????????

>

> HELP

>

> CT

>

>

>

>

> All messages posted to this list are private and confidential. Each post

is the intellectual property of the author and therefore subject to

copyright restrictions.

>

[Guest guest]

My son is only four months old so we have not had to deal with the school

system yet. However, I am a first grade teacher and I am very familiar with

IEPs. Get a lawyer....as a teacher, I am required by law to do what it

says. It is also a private document, only to be viewed and discussed by the

people who have signed it. Our principal reminds us frequently how

mandatory it is that we follow the IEPs exactly as they are written or we,

individually, the school itself, and the school board can all be sued. Your

son's education is obviously not a priority where you are now. Getting a

lawyer may be enough to make them feel threatened. I am very sorry you are

going through this. As a teacher, I am disappointed by those who go out of

their way to work against students and parents. I can not imagine ever

doing such a thing. It is frustrating to have to do some parts of an IEP

but that is the teacher's job - if she doesn't like it, she needs a new

profession. I hope it all works well - good luck. Keep us posted.

Dianne

Jack, 2, hearing but not always listening

Liam, 4 months, mild hearing loss, BTE at 9 weeks

.... LOOKING FOR ADVICE... PLEASE (CUE,,IEP,,,DUE

PROCESS?)

> Hi Everyone:

>

> I will briefly explain my situation. Any advice will be greatly

> appreciated.

>

> Brief Background: Our son was born with a 75 bilaterial hearing

> loss. Due to a " slight mistake " they forgot to do his hearing test

> at birth so he was diagnosed at three years and was aided at the

> same time. We were blessed to have him and are trying to figure out

> the path to best help him.

>

> We have a IEP that states the following:

> 1.A full time transliterator in the classroom all day everyday.

> to provide him full and equal access to his classroom enviornment.

> 2.A FM System in the classroom along with boots.

> 3.A speech pathologist three times a week for 40/minutes each time

> 4.and a few other specifics to help him catch up on his delayed

> speech.

>

> My problem starts with

> (1) The classroom teacher not wanting to wear the microphone (Even

> though the IEP is VERY specific that it is worn ALL the time). So

> we got her a tiny wireless clip on. After months and months she has

> figured that she can wear it but not turn it on? Or take the

> batteries out. Why I do not know. How ever it makes it very

> difficult for our son to hear in a classroom setting.

>

> (2) She tells him she is not reponsible for him putting on his

> boots. (he's six) and she will not go out of her way to stop the

> classroom for him to put them on. If you leave you seat while class

> is going. You forfiet recess!

>

> (3) The transliterator after 12 months not being able to pass the

> provisional permit. Taking a Ednet class... not attending...Going

> to training.... not participating..... Took her last recorded test

> to Cue the Pledge of Alligance. She got less than 5% correct.

>

> (4) In October 2003 the state sent my school district a letter

> stating that the transliterator did NOT meet the minimum

> requirements to be in the classroom and should not be in the class.

> In November the State sent the transliterator and school district a

> Cease and Decease Letter (certified).... my school district denied

> recieving it. In December the state sent a certified letter stating

> the transliterator and school district was breaking the state law by

> having her in the classroom. It took me until April 29, 2004 to get

> the state to give me copies of this information. My school district

> up until this point had absolutely denied knowing the transliterator

> was not qualified.

>

> Side note: We actually have a number of certified transliterators

> asking for the job.

>

> (5) The classroom school teacher and other members of the IEP team

> speaking with community members and other classroom teachers.

> Stating. " This child does not use his transliterator because CUEING

> DOES NOT WORK. " Along with going into details regarding his IEP.

> This has been document as having happened by the Principal of the

> school (in writting)

>

> (6) This is just a " few " of the issues we are dealing with.

>

> After the letter from the State Board of Education (4-29-04) Stating

> that the school district has had full knowledge of the translierator

> being unqualified and members of the IEP going into details with non

> IEP members .... along with more than I care to mention.

>

> My school district and Superintendent would like to meet in two days

> to go over my sons IEP for next year.

>

> My question is?????????? We have already have an IEP.... they just

> do not care to follow it?????? What are the ramifications of

> speaking about an IEP outside of the team ?????? What are the

> ramifications of not having a transliterator in the classroom??????

> What are the ramifications of the teacher not using the FM system or

> his boots?????????????? What are the ramifications of them testing

> him without parental permision?????????

>

> What is my next step.????????? What do I say on the Wednesday

> meeting??????????

>

> HELP

>

> CT

>

>

>

>

> All messages posted to this list are private and confidential. Each post

is the intellectual property of the author and therefore subject to

copyright restrictions.

>

[Guest guest]

My son is only four months old so we have not had to deal with the school

system yet. However, I am a first grade teacher and I am very familiar with

IEPs. Get a lawyer....as a teacher, I am required by law to do what it

says. It is also a private document, only to be viewed and discussed by the

people who have signed it. Our principal reminds us frequently how

mandatory it is that we follow the IEPs exactly as they are written or we,

individually, the school itself, and the school board can all be sued. Your

son's education is obviously not a priority where you are now. Getting a

lawyer may be enough to make them feel threatened. I am very sorry you are

going through this. As a teacher, I am disappointed by those who go out of

their way to work against students and parents. I can not imagine ever

doing such a thing. It is frustrating to have to do some parts of an IEP

but that is the teacher's job - if she doesn't like it, she needs a new

profession. I hope it all works well - good luck. Keep us posted.

Dianne

Jack, 2, hearing but not always listening

Liam, 4 months, mild hearing loss, BTE at 9 weeks

.... LOOKING FOR ADVICE... PLEASE (CUE,,IEP,,,DUE

PROCESS?)

> Hi Everyone:

>

> I will briefly explain my situation. Any advice will be greatly

> appreciated.

>

> Brief Background: Our son was born with a 75 bilaterial hearing

> loss. Due to a " slight mistake " they forgot to do his hearing test

> at birth so he was diagnosed at three years and was aided at the

> same time. We were blessed to have him and are trying to figure out

> the path to best help him.

>

> We have a IEP that states the following:

> 1.A full time transliterator in the classroom all day everyday.

> to provide him full and equal access to his classroom enviornment.

> 2.A FM System in the classroom along with boots.

> 3.A speech pathologist three times a week for 40/minutes each time

> 4.and a few other specifics to help him catch up on his delayed

> speech.

>

> My problem starts with

> (1) The classroom teacher not wanting to wear the microphone (Even

> though the IEP is VERY specific that it is worn ALL the time). So

> we got her a tiny wireless clip on. After months and months she has

> figured that she can wear it but not turn it on? Or take the

> batteries out. Why I do not know. How ever it makes it very

> difficult for our son to hear in a classroom setting.

>

> (2) She tells him she is not reponsible for him putting on his

> boots. (he's six) and she will not go out of her way to stop the

> classroom for him to put them on. If you leave you seat while class

> is going. You forfiet recess!

>

> (3) The transliterator after 12 months not being able to pass the

> provisional permit. Taking a Ednet class... not attending...Going

> to training.... not participating..... Took her last recorded test

> to Cue the Pledge of Alligance. She got less than 5% correct.

>

> (4) In October 2003 the state sent my school district a letter

> stating that the transliterator did NOT meet the minimum

> requirements to be in the classroom and should not be in the class.

> In November the State sent the transliterator and school district a

> Cease and Decease Letter (certified).... my school district denied

> recieving it. In December the state sent a certified letter stating

> the transliterator and school district was breaking the state law by

> having her in the classroom. It took me until April 29, 2004 to get

> the state to give me copies of this information. My school district

> up until this point had absolutely denied knowing the transliterator

> was not qualified.

>

> Side note: We actually have a number of certified transliterators

> asking for the job.

>

> (5) The classroom school teacher and other members of the IEP team

> speaking with community members and other classroom teachers.

> Stating. " This child does not use his transliterator because CUEING

> DOES NOT WORK. " Along with going into details regarding his IEP.

> This has been document as having happened by the Principal of the

> school (in writting)

>

> (6) This is just a " few " of the issues we are dealing with.

>

> After the letter from the State Board of Education (4-29-04) Stating

> that the school district has had full knowledge of the translierator

> being unqualified and members of the IEP going into details with non

> IEP members .... along with more than I care to mention.

>

> My school district and Superintendent would like to meet in two days

> to go over my sons IEP for next year.

>

> My question is?????????? We have already have an IEP.... they just

> do not care to follow it?????? What are the ramifications of

> speaking about an IEP outside of the team ?????? What are the

> ramifications of not having a transliterator in the classroom??????

> What are the ramifications of the teacher not using the FM system or

> his boots?????????????? What are the ramifications of them testing

> him without parental permision?????????

>

> What is my next step.????????? What do I say on the Wednesday

> meeting??????????

>

> HELP

>

> CT

>

>

>

>

> All messages posted to this list are private and confidential. Each post

is the intellectual property of the author and therefore subject to

copyright restrictions.

>

[Guest guest]

> Hi Everyone:

>

" This child does not use his transliterator because CUEING

> DOES NOT WORK. "

You really should bring this comment up when you do have the

meeting...and inform them that it does work if the transliterator is

qualified to do the job so the child can understand.

What are the ramifications of them testing

> him without parental permision?????????

In our state, they have an IEP meeting to sign that it is agreeable

to do the triennial testing. However, all children in the special

education system here have to have parent approval to take

standardized testing. This is what his TOD told me. At least when

the did the COGAT and the ITSB testing this year they sent home a

form for me to sign that said I agreed to have Jake take the test.

They have EOG's coming up, I haven't got another form for that yet,

but they are required tests to pass here so I may not get one.

Elaine

[Guest guest]

> Hi Everyone:

>

" This child does not use his transliterator because CUEING

> DOES NOT WORK. "

You really should bring this comment up when you do have the

meeting...and inform them that it does work if the transliterator is

qualified to do the job so the child can understand.

What are the ramifications of them testing

> him without parental permision?????????

In our state, they have an IEP meeting to sign that it is agreeable

to do the triennial testing. However, all children in the special

education system here have to have parent approval to take

standardized testing. This is what his TOD told me. At least when

the did the COGAT and the ITSB testing this year they sent home a

form for me to sign that said I agreed to have Jake take the test.

They have EOG's coming up, I haven't got another form for that yet,

but they are required tests to pass here so I may not get one.

Elaine

[Guest guest]

I agree. At the very least bring a tape recorder. You will not be sorry

that you did!

Re: .... LOOKING FOR ADVICE... PLEASE (CUE,,IEP,,,DUE

PROCESS?)

> YIKES! I would go to Ag Bell:

>

> http://www.agbell.org/

>

> for advocacy help.

>

> I can't believe the teacher. What a terrible, terrible teacher. At

> the IEP, you need a lawyer, an advocate and a tape recorder. But it

> is so soon....do the best you can.

>

> At the IEP try not to be emotional....break down afterwards.

>

> Simply state that they have not complied with the IEP, the State or

> you. Therefore, your obvious next step to get a lawyer and pursue

> Due Process.

>

> If all else fails...have you considered another school or district?

>

> Please keep us posted.

>

> Mom to , 5, progressive loss since age 3..CI on THURSDAY

> , 3, hearing

> Baby due in Nov

>

>

>

>

> All messages posted to this list are private and confidential. Each post

is the intellectual property of the author and therefore subject to

copyright restrictions.

>

[Guest guest]

I agree. At the very least bring a tape recorder. You will not be sorry

that you did!

Re: .... LOOKING FOR ADVICE... PLEASE (CUE,,IEP,,,DUE

PROCESS?)

> YIKES! I would go to Ag Bell:

>

> http://www.agbell.org/

>

> for advocacy help.

>

> I can't believe the teacher. What a terrible, terrible teacher. At

> the IEP, you need a lawyer, an advocate and a tape recorder. But it

> is so soon....do the best you can.

>

> At the IEP try not to be emotional....break down afterwards.

>

> Simply state that they have not complied with the IEP, the State or

> you. Therefore, your obvious next step to get a lawyer and pursue

> Due Process.

>

> If all else fails...have you considered another school or district?

>

> Please keep us posted.

>

> Mom to , 5, progressive loss since age 3..CI on THURSDAY

> , 3, hearing

> Baby due in Nov

>

>

>

>

> All messages posted to this list are private and confidential. Each post

is the intellectual property of the author and therefore subject to

copyright restrictions.

>

[Guest guest]

I'll try and answer your questions one by one.

1. What are the ramifications of speaking about an IEP outside of the team

??????

It is your LEGAL RIGHT to talk about your child's needs, the IEP, services,

etc. with ANYONE you see fit. If you wanted you could talk with your

neighbor about it. It is also your LEGAL RIGHT to invite anyone you wish to

the IEP meeting. It can be helpful to invite people who can stand up to

school personnel and push for services. This may not apply in your case as

your IEP sounded good, but they didn't follow through with it. Due to this,

I would invite someone from your state department of Education to the IEP to

oversee it and make it very clear to the teacher and rest of the IEP team

that the IEP is a legally binding document and they have no choice but to

follow through with it in every detail, regardless of how they feel about

it.

2. What are the ramifications of not having a transliterator in the

classroom??????

I am assuming here that you are referring to a translator (sign, cued

speech?) Well the first and most important issue here is how is this

affecting your child? Is he missing out on information in the classroom? Is

he having EQUAL ACCESS to the curriculum (as required by LAW)? Simply, if it

is in the IEP, then they are required by law to provide it. The state warned

them that the person was unqualified and they didn't react. It seems like

they are not afraid of the state coming down on them, so maybe that is

exactly what needs to happen. I would contact someone at the state level and

tell them of these illegal practices, that you understand your child's

rights under the law and IDEA, and if matters are not cleared up by a

certain date you will be forced to hire legal help to ensure your child is

provided with appropriate services ensured by the law. I doubt you will have

to hire legal counsel if the state office of education realizes that you are

at the end of your rope and one of it's districts is blatently out of

compliance. If you do have to hire help in the end, many parents also sue

for legal expenses if this is an issue for you.

3. What are the ramifications of them testing him without parental

permision?????????

I'm not sure what you mean by " testing him without parental permission " but

if the school wanted to or needed to do formal testing, then I believe they

are required to get parent consent first. I don't believe this is necessary

if the testing is to develop curriculum or measure progress, but rather to

determine eligibility. You need to find and read the " PROCEDURAL SAFEGUARDS "

for your state that should explain this. The school district should have

provided you with a copy of this as they are required by law under IDEA.

4. What is my next step.????????? What do I say on the Wednesday

meeting??????????

Well, if you get this before the meeting, I would advise you to:

-not sign anything

-bring an advocate

-request a representative from state department of education to attend

-request for outside professionals knowledgable about your child to attend

-ask to record the meeting

-bring home a copy of the draft IEP (fully within your rights)

-ask specifically why certain areas of the IEP were not implemented -

document responses

-try to remain calm - no yelling or name calling (this won't get you

anywhere)

-DOCUMENT EVERYTHING - this is your proof as to what has been going on.

Without it you have very little supportive evidence as to wrongdoings

I hope this helps. Please post after your meeting and let us know how it

went.

Colin

_________________________________________________________________

FREE pop-up blocking with the new MSN Toolbar – get it now!

http://toolbar.msn.com/go/onm00200415ave/direct/01/

[Guest guest]

I'll try and answer your questions one by one.

1. What are the ramifications of speaking about an IEP outside of the team

??????

It is your LEGAL RIGHT to talk about your child's needs, the IEP, services,

etc. with ANYONE you see fit. If you wanted you could talk with your

neighbor about it. It is also your LEGAL RIGHT to invite anyone you wish to

the IEP meeting. It can be helpful to invite people who can stand up to

school personnel and push for services. This may not apply in your case as

your IEP sounded good, but they didn't follow through with it. Due to this,

I would invite someone from your state department of Education to the IEP to

oversee it and make it very clear to the teacher and rest of the IEP team

that the IEP is a legally binding document and they have no choice but to

follow through with it in every detail, regardless of how they feel about

it.

2. What are the ramifications of not having a transliterator in the

classroom??????

I am assuming here that you are referring to a translator (sign, cued

speech?) Well the first and most important issue here is how is this

affecting your child? Is he missing out on information in the classroom? Is

he having EQUAL ACCESS to the curriculum (as required by LAW)? Simply, if it

is in the IEP, then they are required by law to provide it. The state warned

them that the person was unqualified and they didn't react. It seems like

they are not afraid of the state coming down on them, so maybe that is

exactly what needs to happen. I would contact someone at the state level and

tell them of these illegal practices, that you understand your child's

rights under the law and IDEA, and if matters are not cleared up by a

certain date you will be forced to hire legal help to ensure your child is

provided with appropriate services ensured by the law. I doubt you will have

to hire legal counsel if the state office of education realizes that you are

at the end of your rope and one of it's districts is blatently out of

compliance. If you do have to hire help in the end, many parents also sue

for legal expenses if this is an issue for you.

3. What are the ramifications of them testing him without parental

permision?????????

I'm not sure what you mean by " testing him without parental permission " but

if the school wanted to or needed to do formal testing, then I believe they

are required to get parent consent first. I don't believe this is necessary

if the testing is to develop curriculum or measure progress, but rather to

determine eligibility. You need to find and read the " PROCEDURAL SAFEGUARDS "

for your state that should explain this. The school district should have

provided you with a copy of this as they are required by law under IDEA.

4. What is my next step.????????? What do I say on the Wednesday

meeting??????????

Well, if you get this before the meeting, I would advise you to:

-not sign anything

-bring an advocate

-request a representative from state department of education to attend

-request for outside professionals knowledgable about your child to attend

-ask to record the meeting

-bring home a copy of the draft IEP (fully within your rights)

-ask specifically why certain areas of the IEP were not implemented -

document responses

-try to remain calm - no yelling or name calling (this won't get you

anywhere)

-DOCUMENT EVERYTHING - this is your proof as to what has been going on.

Without it you have very little supportive evidence as to wrongdoings

I hope this helps. Please post after your meeting and let us know how it

went.

Colin

_________________________________________________________________

FREE pop-up blocking with the new MSN Toolbar – get it now!

http://toolbar.msn.com/go/onm00200415ave/direct/01/

[Guest guest]

I just reread your post about speaking with outside people about the IEP and

realized you were talking about school staff.

They would be allowed to talk about your child with others IF he remained

annonymous (no mention of his name). If they did talk about him specifically

with people not on the IEP team, they are in serious breach of

confidentiality - another very serious issue that involves legal action.

Again, consult with an attorney experienced with education issues about

these violations and contact someone at the state level to report them.

Colin

_________________________________________________________________

FREE pop-up blocking with the new MSN Toolbar – get it now!

http://toolbar.msn.com/go/onm00200415ave/direct/01/

[Guest guest]

I just reread your post about speaking with outside people about the IEP and

realized you were talking about school staff.

They would be allowed to talk about your child with others IF he remained

annonymous (no mention of his name). If they did talk about him specifically

with people not on the IEP team, they are in serious breach of

confidentiality - another very serious issue that involves legal action.

Again, consult with an attorney experienced with education issues about

these violations and contact someone at the state level to report them.

Colin

_________________________________________________________________

FREE pop-up blocking with the new MSN Toolbar – get it now!

http://toolbar.msn.com/go/onm00200415ave/direct/01/

[Guest guest]

I just reread your post about speaking with outside people about the IEP and

realized you were talking about school staff.

They would be allowed to talk about your child with others IF he remained

annonymous (no mention of his name). If they did talk about him specifically

with people not on the IEP team, they are in serious breach of

confidentiality - another very serious issue that involves legal action.

Again, consult with an attorney experienced with education issues about

these violations and contact someone at the state level to report them.

Colin

_________________________________________________________________

FREE pop-up blocking with the new MSN Toolbar – get it now!

http://toolbar.msn.com/go/onm00200415ave/direct/01/