IEPs and Legal Issues

Legal Responsibility

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Joined: Apr 06, 2007
Posts: 2
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Posted Aug 02, 2007 at 2:40:46 PM
Subject: Legal Responsibility

Short version: (Sorry it's still long)
For over 10 years I have demanded that the school test and retest my son. I know he has an LD.
He has been tested 4 times in the past. A few months ago it came out that he was never tested properly. I began demanding copies of all his records. The records show that he was never IQ tested.

He is 15 years old, in 8th grade, and has been failed twice. For 10 years he's been told he was "lazy", "didn't put forth any effort", "and didn’t work up to his potential" and has had complaints sent home at a minimum of weekly from his teachers. Every request or accommodation I tried, the answer was always, that "he doesn't try, he puts forth no effort" so they wouldn't help him much. His only two accommodations were 1. He was given extra time to complete tests in a separate room from other students. 2. He forfeited his PE class so he could have an ESE strategies class. This still didn't help; he still wasn't finishing his assignments so they failed him again!

I was at my wits end when it came out that he was never tested properly. Here this child is, for 10 years being grounded for not doing his work. Being held back into the classroom from Recess and PE because he didn't do his work. Not allowed on field trips for not doing his work. Held back twice because he wasn't doing his work. His self esteem is so poor and he's more or less given up. Each time he tried, they still failed him. So he's gotten to the point of "why bother trying."

Yesterday he was retested; they did the IQ test this time. Though the results are not official, the Dr. told me point blank that there is no doubt he has an LD. His IQ is middle of average so you figure between 48-50% his working memory function is 6% and his process speed is 1%.

How could the school system not see this? This is what I've been trying to get them to see for 10 years. WHY NOW? What kind of legal ramifications does my son have in this regards? After basically 10 years of abuse for his academic failures, now they come out and say, oh yeah, well maybe he is having a problem. Nothing will ever give him back the years of baseball he missed because of this. The football championship he had to sit out because of his grades. All the outings he missed because of notes sent home by his teachers. He has missed so much because the school insisted that he did not have an LD, he just didn't try and refused to complete his assignments.
After so many years of emotional turmoil, how can they expect him to improve his attitude and poor habits? 10 years of teaching him that nothing he does is good enough has ruined his chances of a successful education.

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Joined Oct 02, 2006
Posts: 172

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Posted:Aug 03, 2007 11:21:17 AM

It sounds like your son needs to be on an IEP and he needs to be told that any failures he has had are due to having a learning disability which is not his fault. You should insist that he get counciling as well because of his self esteem. If the school does not provide it then you should insist that they pay for it. He should not be punished for having a disibility.

Get an advocate of some kind. Others will probably be able to give you more information on this.

I hope everything works out. Keep us posted.


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4-My- Child
Joined Aug 04, 2007
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Posted:Aug 09, 2007 11:36:03 AM

You may want to look into wrightslaw.com. Not sure if it will help, I just found this site yesterday.

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speaker wire
Joined Mar 18, 2006
Posts: 13

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Posted:Aug 14, 2007 5:13:19 AM

I agree that the [url]www.wrightslaw.com [/url]site will be your best bet!

And don't let them retain you child again.

Why aren't the test results official?

If you do not agree with the test results, or they are not in your child's favor you have the right to request an independent evaluation at the school's expense.

Read your copy of the procedural safe-guards.

You will need to learn how to advocate for your child before this next school year starts.

He can get an IEP now this is very good thing to have because ANYTHING can be done through the IEP process.

You and your child are equal members of the IEP team don't let the school tell you different.

As far as getting even, I would focus on what's ahead for your child first. Get an IEP and accomodations (extended time for completion of assignments,counseling for low self esteem, and anything else you feel he may need). There is no limit to the ammount of accomodations your child is entitled to, he is entitled to anything that will help him receive an appropriate education.

The school is required to provide counseling services if it is found to be needed as part of his disability. Self esteem is often damaged because of a disability.

You can also receive Title I services, if you are in a Title I school.

I recommend that you get "From Emotions To Advocacy"
{the FETA book}
from [url]www.wrightslaw.com[/url]
it's a "HOW TO" advocate for your child book. A must have for ALL Parents.

The FETA book has a chapter that teaches you exactly what test scores really mean.

If you can get the "Special Education Law" book, the "IDEA 2004" book and the "No Child Left Behind" book you will have a enough knowledge to effectively advocate for your child, and receive ALL the services he needs, even without the aid of an advocate.

They are easy to understand books too.

I am a parent of 2 special needs kids.

[Modified by: speaker wire on August 14, 2007 05:15 AM]

[Modified by: speaker wire on August 14, 2007 12:55 PM]

FAPE- Free Appropriate Public Education (Section 1400 (d) (1) (A))

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speaker wire
Joined Mar 18, 2006
Posts: 13

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Posted:Aug 14, 2007 5:25:16 AM

you can check to see if there is some kind of parents group in you area they sometimes offer free traing on IEP's and parents rights etc.

Chek the paperwork the school gave you for names of suport groups in you area.

FAPE- Free Appropriate Public Education (Section 1400 (d) (1) (A))

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Joined Jan 11, 2004
Posts: 64

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Posted:Aug 14, 2007 9:20:50 AM

You may wish to watch a online video on classroom/homework accommodations. This video presentation was developed by Susan Barton. You can view this video on her website. Click on the link "Watch her other videos on dyslexia" then click on the link for "Classroom Accommodations for Dyslexic Students".

Here are some recommendations for some text-to-speech programs which will allow your computer to read to your student. A program that I often use on my computer is TextAloud, <http://www.nextup.com> ($50 with the voices). This program can read any text in any Windows program. It also comes with an Internet Explorer or Firefox plug-in which can help in read webpages. I find TextAloud is the best program for reading webpages.

I can also recommend that you might want to look at the software programs available from Premier Assistive, <http://www.readingmadeeasy.com> . Premier Assistive as an MP3 player/flash drive called "Key to Access" ($350). Key to access has about 10 different programs to assist students with reading and writing. Premier Assistive has excellent programs. In fact, Premier Assistive has a grant program that allows school districts get their software for free. So if your district says they have no money for software this is a good bet to help them get some assistive software for LD students.

The Cadillac of scanning and reading programs is Kurzweil 3000 ($1500). A number of school districts use this program. www.Kurzweiledu.com . The nice thing about Kurzweil 3000 is the page that is to be read looks exactly like the page in the book. It has study skills and a simple word processor.

You might also consider obtaining FREE audio books on CD from Recording for the Blind and Dyslexic (RFB&D) www.rfbd.org . They have both textbooks and trade books recorded as audio books. One borrows the audio books from their lending library. It takes a specially adapted CD player to read these audio books. You may wish to check if your school has a player. Players can also be purchased from RFB&D.

Jim -- Michigan

Jim -- Michigan www.geocities.com/jnuttallphd

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Joined Dec 01, 2004
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Posted:Aug 23, 2007 9:52:15 AM

Although it's obvious that your son does have an LD now, the only way to make up for all that missed education is to speak with an experienced sped attorney to see about requesting compensatory education. Also, your child is eligible for services until his 22nd birthday, so there are other ways to use compensatory education dollars than staying in high school.

You can also disagree with the school's evaluation, and by law, you are entitled to an IEE (independent educational evaluation) performed by someone NOT connected to the district, and paid for by the school. It has been my experience that IEE's are far more comprehensive, and more importantly, offer many educational recommendations that will help remediate your son's disabilities and allow him access to the gen ed curriculum.

If you go to copaa.org, they have a link by state to sped attorneys and advocates. Call a few of them and see what they think. Also if you go to wrightslaw.com and search for IEE, you will come up with great info, including sample letters, I believe. Also, schwablearning.org (go to 'connecting with others') has a great message board for sped parents, or those just beginning the process.

Your district has not provided FAPE (free appropriate public education) for many years through no fault of his or yours. It's time to educate yourself and get what he's entitled to! Keep us posted.

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Joined Aug 01, 2006
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Posted:Aug 23, 2007 10:48:58 AM

Unfortunately districts mess up sometime. I am horrified that they didn't do proper testing to beging with. Make sure your son knows he is not stupid, he is LD. I myself was diagnosed in the 9th grade. They tested me before, but I only had regular ed interventions (remedial reading, remedial math, and a visual perceptive moter training program) in elementary. They knew I had difficulties, but in my case my twice exceptionality masked the LD... that and the fact that they applied the discrepancy formula wrong. To them, it was discrepancy between grade level I was in and functioning there, but it should have been IQ/ability and how I was functioning. Anyhow, now that he is diagnosed, be a strong advocate of getting him into the resourse room and possibly some special ed classes for those subjects in which he struggles the most. Even at the late date of diagnosis, progress can be made with special education help. It makes a big difference.

"Never give up, never surrender" -Galaxy Quest

“In the middle of difficulty lies opportunity” -Albert Einstein

“Be not afraid of growing slowly; Be afraid only of standing still” -Chinese proverb

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Joined Jul 04, 2020
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Posted:Sep 19, 2007 4:39:51 PM

Do you have your principal's name and number. I would be glad to put the fear of God in him.

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