Diane, I went through the exact same thing. Any Psych evaluations done on your child will not be included in your request. You must request these from the District. Write a letter to Special Education Supervisor of your District, and send it registered mail. It's imperative that you start leaving a paper trail. I'll be at my office in about 3 hours, and I'll see if I have a copy of the letter I sent.
Are you looking into hiring an advocate or attorney? You need one! You have an excellent case against your district, and can be hugely rewarded. Wouldn't you like 200 hours of educational therapy for your son, all on the districts dime? A good lawyer can get this for you, and so much more. Please think about it very seriously. It's worth the financial strain now, because you will be reimbursed in a settlement. Just be sure you file for Due Process first, then retain an attorney, and all expenses will be recoverable in mediation or at a Due Process trial. And the district does not want a trial, so these issues can almost always be settled in mediation. I've been down the exact same road you are traveling. I was punching at shadows until I hired an attorney.
Do not call, write. The law that supports this is FERPA. In From Emotions to Advocacy there is a sample letter. If you don't have this book, get it. It's like an Owner's Manual to special ed.Okay....I've written 3 letters...one to the principal, one to the superintendent and one to the head of the sp. ed. dept. The one to the principal and super are pretty much the same, but am giving them both a copy and will give a copy to the guidance dept as well. The one to sp. ed. is a bit different, since I'm asking for copies of psychological evaluations, results and the copies of past IEP's dating back to 2000. The letter to the head of sp. ed. will also be given to the principal and superintendent. They are precise and to the point I believe...so there shouldn't be any doubt as to what I'm asking for this time.
For right now....I'm going to try and do most everything by myself. I do have a local place I can go to get advocacy help. Just right now I'd like to do as much as I can by myself (and with the advice here and I'll be contacting the local advocacy group for one on one advice). I have a feeling that I will need a lawyer too, so I'm trying to get all my ducks in a row paper wise and notes that I've written.
I do have the emotions to Advocacy book and will try to look more inside of it, instead of asking for help from you wonderful folks all the time.
My goal is to get my son out of the current school...and not just because they don't seem to have the resources to help him, but also because they want to blame him alone for his failure to learn and get better grades. This school also is VERY over crowded and he's been the victim 3 times this school year alone of bully attacks. We taught him to NOT hit back.... after he was suspended for hitting back a student that hit him over the head with a book bag in the 7th grade....so he has not hit anyone back since. There are gangs at his school too.
We can't decide whether to file assault charges before school is over or after school is out for the summer....because the only way that I would file assault charges prior to school being out, is if my son can be moved to another school first. That's why we're thinking of waiting till school is out to file charges with the police. We don't him to have to be worried as he walks in the hallways of the school or rides the bus...as to who knows and doesn't know about the charges...and what student might try to bully him more and take matters into their own hands.
In the letter to the principal and superintenent, I've requested all the records of these incidents as well, so we have a list of the students that were involved and witnesses as well.
I do want it all to be over with though....I wish I could wave a wand and everything be better...but I can't.
We're also hoping to move next spring, but that will all depend on if we can get our home ready to be sold by then AND IF we can get the $$ from the sale of this home....so that we can move and not have to worry as much financially. We're thinking of Idaho/Montana.
I'm just hoping and praying that we can get services in place prior to moving...so that when we move ....the placement and what works and doesn't work will already be there...and we won't have to fight as much in the state we move to.
Diane, start keeping a binder of all of your correspodence with the school, including print outs of any email communication. I went through all of this three years ago, and I still have everything in a binder that I am able to look up and advise you with. Also, if you find a better school, move him now! Don't wait for the for the fall just because there are only a few months left to the school year. I pulled Connor out of the "evil" school in May! Your son will be so relieved to put that other school behind him, that it just doesn't matter if there is so little time left in the semester. And he can go to summer school to help catch up and get more acclimated to his new environment. Has he qualified for Special Ed services?
Here is the letter I submitted on May 10th, 2004 that requested new school placement:
Dear Evil Principal (
As you know, Connor has been having ongoing difficulty in his current placement. Although I have requested a functional analysis assessment, no effort has been made to provide one. Moreover, you unilaterally changed Connor's aide to a person who is not adequately trained to address his behavioral needs and who has only served to aggravate Connor's behavioral problems. The most recent manifestation of the inadequacy of his behavioral program is his recent suspension for behavior that is clearly related to his disability. For these reasons, I am writing to request that Connor's enrollment be transferred to Beckford Ave. Elementary School. Please see that a PAR is sent to them immediately. The effective date of the new placement should be 5/17/04. At Beckford he will be provided with a new aide, who, hopefully, will be better equipped to address Connor's needs. As you can see, he started at the new school with only 5 weeks left in the year, then went to summer school as well. It worked out great, and within a few weeks, once he felt comfortable with his new surroundings, and "safe" that the staff there knew how to educated him, he began to blossom, and all the behavior problems melted away. We were then able to begin to build an appropriate educational plan for his individual needs. I would exhaust all of your public school choices before you turn to private. I have an advantage of living in a huge district, thus I have many choices as far as public schools go. All you need is to find one school that has a top notch special ed teacher, and a Pricipal that gives that teacher the leeway to do their job, and you will be set. That teacher will be able to guide you through IEP's and help you with your son's future education and transition out of the school system. Perhaps I got extraordinarily lucky, but I'd like to think that there are other teachers and Principals out there that do right by their special ed kids. Is your son in any kind of social skills program? I'm sure he could benefit from this, and it would expose you to other parents and professionals who have dealt with the public school system in your area. I have found that networking with other parents in my area has been invaluable through the years as I have worked at finding the best schools and support system for my son. Please feel free to PM me any time. I sense we have very similar kids, and I'm so sorry that you are going through what I went through. I know how painful it is to see your child in so much pain. Please let me know if I can be of any further help
April 9, 2004 Rosa Deniz, Calendar Clerk Special Education Hearing Office 3200 Re: Request for Due Process – Connor XXXXXX v. Dear Ms. Deniz: Please be advised that we represent Connor XXXXX and his parents, Karen and Kurt XXXXX (“the XXXXX”). Connor resides with his parents at XXXXXXX. The XXXXX hereby request a due process hearing on behalf of Connor against Los Angeles Unified School District (LAUSD) on the following issues: a. Denial of a free and appropriate public education, FAPE. b. Failure to timely and appropriately assess Connor in all areas of suspected disability. c. Failure to provide services addressing all of Connor’s unique needs, including his language processing deficits, reading, language socialization and behavioral needs. d. Failure to provide related services and other supportive services based on Connor’s needs as required to assist a child with a disability to benefit from special education. e. Failure to develop appropriate goals and objectives in all of Connor’s areas of need. f. Failure to provide an appropriate placement. g. Failure to conduct an appropriate behavioral analysis and to develop and implement an appropriate behavior plan.
I will say..that what I met with today was not bad....I smiled...they smiled...we are smiled. And I was caught off guard when even the principal suggested that he may need to be moved to another school...so I get the feeling that they won't oppose that...now if only I can find the right school.
I do need to meet up with some locals from this area...that have similar sp.ed. needs to see what they have.
I am getting slightly excited...tomorrow is my first school tour. It would be nice if I found something that would work out close by and that has a summer program. I would love to send my son to one of the summer programs that really has much more than just "hitting the books" though...something to give him some adventure AND books. *sigh*
Let me know how the tour goes tomorrow!
h. Failure to provide appropriate accommodations.
i. Failure to implement the existing IEP.
j. Failure to consider the results of privately obtained independent assessments.
The years at issue are the 2000-2001, 2001-2002, 2002-2003, continuing to the present.
Sincerely,
XXXXXXXXX
Attorneys at Law
[QUOTE=Virginia Greys]
A friend of mine's sister actually sent her son to Pine Ridge in Vermont. She found out that the school had been lying on the IEP's and that he had a reading level of 1st grade...not the reading level of a 5th grader that they had been claiming...oh...and he was going into 9th grade at the time. He was dyslexic...and they finally said they couldn't help him.
I think this would be more the exception than the rule. As you noted, the clock is ticking, and your son is already 16. Mine was only 9 when we went through this. I didn't wait for any evaluations. My son had not met any IEP goals for over two years. That was reason enough for a lawsuit. But you have to do what you feel comfortable with, and only you know how much you can handle by yourself. But keep in mind, it doesn't cost anything to file for Due Process. And the wheels of justice move slowly when you are dealing with a school district. You can file for Due Process while you are waiting for the evaluations, and then drop the case if you want.
[QUOTE=IBGECKO]Let me know how the tour goes tomorrow![/QUOTE][QUOTE=foxl]TARPS? WARML? Please de-acronym for a newbie![/QUOTE]
WRAML = Wide Range Assessment of Memory and Learning. This tests is made up of 3 major divisions: Verbal memory scale, visual memory scale and learning scale. The verbal memory scale is key. Short stories are read, and the tester must recall as many parts of the story as they can remember. The overall components of this test give you a good idea of your child's strengths and weaknesses in terms of how they process language and information.
TARPS = Test of Auditory Reasoning and Processing
Other tests of note: SCAN-C = Test for Auditory Processing Disorders in Children (that acronym makes no sense!
Hope this helps!, and this is a big one, it has been my experience that most Asperger's and very high functioning kids with normal hearing will pass a CAPD test with flying colors. This is why it is so important that they be tested for both CAPD and a language processing disorder. You need to have the results of a CAPD test and the TARPS and WARML at the ready, otherwise the whole thing can backfire, because there is a high likelihood that if you only test for CAPD, you will be left with normal results, and a school that will once again turn their backs on your child's needs because the test results don't show a need for services. TARPS? WARML? Please de-acronym for a newbie!
Keep fighting the good fight! Keep a positive attitude! Stay calm and confident! I believe that you will prevail!
Please keep us all updated!
[QUOTE=AndrewsMommy]Keep fighting the good fight! Keep a positive attitude! Stay calm and confident! I believe that you will prevail!
Please keep us all updated!
[/QUOTE]Was your son given a CAPD test by the audiologist? Not all audiologists are certified to give this. Seek one out. It's Central Auditory Processing Disorder. It means the person physically hears fine but the sound is misprocessed in the brain. The audiologist will write a report for the school if your son has CAPD and there are accommodations and other support he can be given.
Get a 3-ring binder. Write the date of all the papers you get in the upper right-hand corner of the paper, lightly in pencil. You will make a Master Binder of these all-important papers, putting them in reverse chronological order. Never let them leave the binder except to make a copy. Don't write on them. Write on copies. You will make this reverse chronological file for all the IEPs, progress reports, report cards, tests, evaluations, medical reports, etc., that you get for your son. Since you already have some papers, start this file.
Attorneys and Advocates will usually give an intake interview for free. You can determine together whether or not you need their help. These pros are BUSY, so they won't take your case if they think you can handle it yourself. Sometimes just paying for an hour or two of consultation can make a huge difference. Since your son is so old, time is of the essence at this point. If I were you, I'd call a lawyer TODAY. I use a lawyer myself. Another lawyer I know, who is also an experienced Impartial Hearing Officer with a DD daughter, uses an advocate for HER IEP meetings. Even the pros know they can't really do right by their own children because it's hard to be Mom and also Advocate when things get heated. Ask me how I know. I recently consulted with a lawyer myself and the thing it did most for me was give me confidence that what I was asking for was right. This week, I walked out of an IEP meeting with ,000 of additional intervention and evaluation work agreed to. I wouldn't have had the nerve to stand my ground without knowing I had legal back-up. THEY didn't know, but I did.
Please let us know how it goes.
Was your son given a CAPD test by the audiologist? Not all audiologists are certified to give this. Seek one out. It's Central Auditory Processing Disorder. It means the person physically hears fine but the sound is misprocessed in the brain. The audiologist will write a report for the school if your son has CAPD and there are accommodations and other support he can be given.
[/QUOTE]
re: CAPD testing:
I looked into this before we changed direction, and the only person in our large metro area who does it DOES NOT accept insurance, at all. Just as an FYI ... and I was told that it is not getting tested anymore, because an assistive listening device takes care of it, regardless of the cause of APD ... ?
Okay...so the week before last I called (yes...I know it should have been written...but anywho)....I called and requested my son's files. I asked if I needed to call any other number to get files that may have been archived...I'm told...no...shouldn't have to...we should have everything. So I'm called last week that the files are ready to be picked up....need to pay the 5 cents a copy..no problem...I go in...pay the money and pick up my son's files. So I went through the stack on Sunday....and find some cool info that I didn't know existed about dx in 2000 and then today I realize that one report that the psychologist did last year...isn't in there....so I emailed her today and asked if I could have it if she has a copy. I'm thinking...at this point this afternoon...that the report I just emailed her about is all that's missing...not so...I'm missing all his annual IEP's from 2000 until last year. This year's IEP is in there...but not the others. Now granted the years that I homeschooled him won't be there...but what happened to the others?Deep Breaths....
Your child has YOU! You love and care about and are fighting for your precious child. Don't be afraid! You are doing your best, so there is nothing to be afraid of.
Try to relax for a few minutes...Take an outdoor walk, Take a bubble bath, Paint your nails, Listen to your favorite music, Have a cup of tea...Whatever will help soothe your nerves and quiet your mind.
Then pick yourself up and follow Tzoya's advice. Organize your information, get on the phone, and start calling attorneys...You have nothing to lose and alot to gain!
HANG IN THERE!
Blessings!
[QUOTE=tzoya]Was your son given a CAPD test by the audiologist? Not all audiologists are certified to give this. Seek one out. It's Central Auditory Processing Disorder. It means the person physically hears fine but the sound is misprocessed in the brain. The audiologist will write a report for the school if your son has CAPD and there are accommodations and other support he can be given.
Get a 3-ring binder. Write the date of all the papers you get in the upper right-hand corner of the paper, lightly in pencil. You will make a Master Binder of these all-important papers, putting them in reverse chronological order. Never let them leave the binder except to make a copy. Don't write on them. Write on copies. You will make this reverse chronological file for all the IEPs, progress reports, report cards, tests, evaluations, medical reports, etc., that you get for your son. Since you already have some papers, start this file.
Attorneys and Advocates will usually give an intake interview for free. You can determine together whether or not you need their help. These pros are BUSY, so they won't take your case if they think you can handle it yourself. Sometimes just paying for an hour or two of consultation can make a huge difference. Since your son is so old, time is of the essence at this point. If I were you, I'd call a lawyer TODAY. I use a lawyer myself. Another lawyer I know, who is also an experienced Impartial Hearing Officer with a DD daughter, uses an advocate for HER IEP meetings. Even the pros know they can't really do right by their own children because it's hard to be Mom and also Advocate when things get heated. Ask me how I know. I recently consulted with a lawyer myself and the thing it did most for me was give me confidence that what I was asking for was right. This week, I walked out of an IEP meeting with ,000 of additional intervention and evaluation work agreed to. I wouldn't have had the nerve to stand my ground without knowing I had legal back-up. THEY didn't know, but I did.
Please let us know how it goes.
[/QUOTE]That's too weird for words. Since this is a test that you only have to have done once, you might need to go further afield to get it. Below I've listed resources I found at Yellow Pages for Kids at www.wrightslaw.com The first is a list of advocates and Lawyers who are very reputable. The second should get you started on finding an audiologist who will conduct the CAPD:
Advocacy Resources:
Advocate Services
Robert Augustine
2840 Saratoga Drive
Winchester, VA 22601
(540) 723-9923; (508) 801-8840; (540) 723-9923 (fax)
Email: C766Advoc@aol.com
Representing students with disabilities at IEP Meetings *Mediation *Due Process Hearings.
Advocating 4 Kids
Cheryl A Poe, MA Educational Consult & Advocate
Virginia Beach, VA
757-306-1942 (o); 757-286-0549(c)
Email: Yourbusychild@yahoo.com
Web: http://advocate4kids.org/
I provide educational support and advocacy services to parents with children who have learning disabilities. I help parents understand the their rights and assist them in ensuring their children have an equal opportunities for a free and appropriate education in the public school setting.
Center for Special Education Advocacy
4600 Cox Road, Suite 205
Glen Allen, VA 23060
(804) 967-2556; (804) 967-2554 (fax)
Email: contactcsea@aol.com
Web: http://www.spedadvocacy.org
Charles M. Henter, Esq.
Attorney and Counselor at Law
Queen Charlotte Square Bldg.
252 East High Street
Charlottesville, VA 22902
(434) 817-1840; (434) 977-4235 (fax)
Email: henter@henterlaw.com
Web: http://www.henterlaw.com
I represent children and individuals with disabilities who require legal assistance involving special education, disability discrimination & harassment, employment concerns, juvenile justice issues, and civil rights.
Holly Hilton, Esq.
Attorney at Law
P.O. Box 1592
Charlottesville, VA 22902
(434) 984-6752; (540) 661-3486; (434) 220-2292 (fax)
Email: hhilton@hiltonmckeeverlaw.com
Web: http://www.hiltonmckeeverlaw.com
Attorney who practices education law in the Charlottesville, Culpeper and surrounding geographic areas.
JustChildren
Legal Aid Justice Center
1000 Preston Avenue
Charlottesville, VA 22903
(434) 977-0553; (434) 977-0558 (fax); (800) 578-8111
JustChildren provides community education and legal assistance for children and families. Special education and school discipline are priority issues. Legal assistance is generally restricted to income eligible families. JustChildren also has offices in Richmond (804) 643-1086 and Petersburg (804) 862-2297.
Loudoun Comprehensive Services Center, Ltd.
Sabrina Long, Esq.
116-R Edwards Ferry Rd. N.E.
Leesburg, VA 20176
(703) 669-9111; (703) 297-7322; (703) 669-5844 (fax)
Email: lcsccorp@hotmail.com
Special education attorney assisting with all special education representation. Family law issues also handled. Advocacy services available.
Protecting Individuals with disabilities Educational Rights (P.I.E.R.)
P.O. Box 12951
Norfolk, VA 23541-0951
(757) 461-8007; (757) 455-8223 (fax)
Email: PASInfo106@msn.com
The Journey Development Center
Denise Jones
8502 Rainbow Bridge Lane
Springfield, Virginia 22153
(703) 455-4186
Email: my-journey@att.net
We attend meetings. Obtain appropriate goals, services. Protect your rights. Explanations in understandable terms. Facilitation and case management. Hold workshops and seminars. Multi-disciplinary team.
Jean Veness
P.O. Box 61813
Virginia Beach, VA 23466
(757) 235-2936
Representation of children with disabilities and their parents; advise parents who want to participate effectively in the IEP process; representation at due process hearings and beyond. If your child is not progressing in school and you need help, contact me.
Virginia Office for Protection and Advocacy
Ninth St. Office Building, 9th Floor
202 North 9th Street
Richmond, VA 23219
(804) 225-2042 (Voice/TTY); (800) 552-3962 (In VA)
Web: www.vopa.state.va.us
Hearing Resources:
Virginia Department for the Deaf and Hard of Hearing
Ratcliffe Building, Suite 203
1602 Rolling Hills Drive
Richmond, VA 23229-5012
(804) 662-9502 (V/TTY); (800) 552-7917 (V/TTY)
Email: DDHHInfo@ddhh.state.va.us
Web: http://www.vddhh.org/
Speech-Language-Hearing Association of VA, Inc.
P.O. Box 76
Basye, VA 22810
(540) 856-2111; (800) 487-4637
Email: gnmm@lbjlimited.com
Web: www.shav.org
disAbility Resource Center
Kimberly Lett
409 Progress St.
Fredericksburg, VA 22401
(540) 373-2559; (540) 373-8126 (fax)
Email: klett@cildrc.org
Center for Independent Living providing Independent Living Skills Training, Peer Counseling, Advocacy, I&R, Deaf Outreach, Personal Assistance Services, Benefits Planning, and Youth Services.