IEPs and Legal Issues

How to word my response to principal?

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Joined: Oct 21, 2009
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Posted Oct 21, 2009 at 12:45:12 AM
Subject: How to word my response to principal?

I have an 8 yr old son who has mild Cerebral Palsy due to brain bleeds at birth. Last year he was also diagnosed with ADHD. After he brought home his most recent progress report and was failing 3 out of 6 classes with grades in the 50's, I wrote a formal request to have him evaluated for services. He currently recieves no services and is not classified as special ed or 504. Each week my son has a regular schedule of homework (Ex: Monday, write words 3 times each, Tuesday, write 8 sentences, Weds, put words in ABC order, etc). Due to his ADHD, tasks like homework and keeping track of things/turning things in a issues for him that affect are reflected in his grades. I sent the request for formal evaluation to the principal yesterday and today my son comes home and tells me that before lunch today he was told by his teacher that he was not allowed to go to recess after lunch and instead was to go to study hall to do the rest of the weeks homework in advance. My opinion is that he is being punished because I requested that they evaluate him and that the are having him do this so that they can make sure that his work is all done completely to improve his grades so that they can later justify not providing testing. He was the only student singled out today to go to study hall and work on homework that wasn't even due yet. In addition, as a child with ADHD, he needs that energy outlet that recess provides.
It was suggested to me that I email the teacher and find out what happened while playing somewhat dumb. I was told I should ask if this is a new technique they are using with students, and if so, what are the criteria to determine who participates and who doesn’t. Also ask if this will be a daily/weekly activity, and if not, when will it happen. The logic behind this recommendation was that there are really no good answers the teacher could give for her behavior and document what she had done.

Wondering what all of you think?

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Joined Jul 11, 2005
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Posted:Oct 21, 2009 8:50:45 AM

I think it's a really good idea to find out what happened from the teacher. Also mention your concern that he missed out on a much needed energy outlet which could cause him to have more difficulty in the classroom.

If this harrassment continues and you aren't getting a response about the testing, go up the "chain of command" by writing a letter to the district special ed department and send a copy to the principal once again requesting testing for your son. Make sure you keep a copy for yourself and that you get signatures of receipt on the letters to the district and principal. Documentation is very important!

scifinut mom to: ms 16, bp/adhd/anxiety/complex ld mr. 20, add/dyslexic I hear and I forget I see and I remember I do and I understand. -Anonymous

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Joined Apr 29, 2008
Posts: 135

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Posted:Oct 30, 2009 11:10:23 AM

I will agree with the one responder about proceeding thru the chain of command about your concern.

In the description of your issue there are several procedural issues that are of concern to me. One, you have raised the request for an evaluation. This is a procedural duty of the school division to act upon this "referral". There are regulatory timelines that govern this and are found in your state regulations that govern special education. This could be a serious oversight by the school if they take no action. In effect, your procedural rights have or will be violated. Second, to the extent you continue to have a concern about your child and his potential need for special education intervention, you may either focus your concern on the IDEA process or within the Section 504 process to achieve reasonable accommodations if he is eligible. Either way, I suggest you place your request in writing to the Director/Supervisor of Special Education.

I will check your progress by viewing your postings on this service. Good luck. By the way, what state do you reside?


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Joined Feb 15, 2010
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Posted:Feb 15, 2010 1:12:13 PM

Hi, mom!
I've been s special ed teacher for 32 years (EI, LD, CI and evrything else in between) currently Resource. but anyhow.. Situations like yours make my blood boil! Now, I realize that it's impossible for me to have all the info I need to make a truly informed comment but I would suggest that you contact the local parent advocacy group in your town or area. They have the knowledge of Special Ed law, and what your rights as a parent are under the law, not to mention your child's. Thye will put you in touch with an advocate whose role is to assist parents through the complicated maze you are about to enter. Sounds as if you have had some experience with the "system" already. Have you been given a copy of the FERPA handbook? It details your due process rights, programs available, contacts, etc. If not, I'd start by asking the building administrator for a copy. And finally, DOCUMENT, DOCUMENT, DOCUMENT! Create a paper trail to establish a timeline. This is critical to making sure that you and your child's rights are protected under the law. Again, this is something an advocate can help you with. BOO on ANYONE who puts kids in the middle! How DO those folks sleep at night? Good Luck! :)

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Joined Feb 14, 2010
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Posted:Feb 16, 2010 11:57:30 PM

Here is the request we suggest using. Rarely do they refuse testing when requested and his grades are good evidence that he needs special ed (along with a double diagnosis).

Please consider this letter to be a formal request for a full and individual evaluation to determine if my child qualifies to receive Special Education Services. I understand that the assessment, planning and determination of disability process will be completed within 60 calendar days as prescribed by Colorado’s Exception Children’s Education Act

I am available to provide written informed consent for the evaluation and expect to receive the release from the School District within 5 days of receipt of this letter of request. In addition, I wish to review the assessments and/or evaluation tools that will be administered to our child prior to any evaluation or assessment taking place.

Address to whomever you think, the school psychologist, or special ed director of your district, include the date request etc. Check on what your state law is for the number of days they need to have the testing complete as this is for the State of Colorado.

I would play dumb and find out what is going on, mark down the times, a and days, and whom you speak with each time in a journal, looks better and is better proof if you have to file and ROC complaint. Contact a local advocate, they help and put the playing field on level ground between you and the school.

Good luck.

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Joined Mar 03, 2010
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Posted:Mar 03, 2010 2:09:26 PM

Is it possible that the teacher just looked at it as a "quick fix" thinking that if he had extra time to complete the assignment, he would have success? I know that there are so many "layers" to this situation, but perhaps the teacher was thinking that if she could prove that he needed extended and/or small group setting, it would actually help his evaluation??

L. Bennett

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