[blindkid] New Jersey TVI problems

Carlton Anne Cook Walker carltonwalker at gmail.com
Thu Mar 12 20:08:23 UTC 2009


Sorry for the title, but here I was in Pennsylvania thinking Jersey has it
right.  Their system is certainly better than ours, but there are too many
flaws in all of the systems, it appears.

First, although I am an attorney, PLEASE DO NOT CONSIDER ANY INFORMATION IN
THIS E-MAIL LEGAL ADVICE.  IT IS NOT!!!  For legal advice, you need to see a
licensed attorney in the state in which you live -- preferably one who has
experience in this field.  I know a couple of New Jersey Special Education
attorneys -- please contact me if you need a referral.

Second, I am fighting off a nasty cold/flu (which my sweet daughter was kind
enough to share with me), so I apologize if I am less-than-lucid, but here
goes . . .


Carrie had some great ideas.  Personally, I prefer the first tack --
document EVERYTHING and toss the ball back in their court.  In addition to
keeping a copy of the letter consider either (1) sending it certified mail,
return receipt requested ($5.32) or (2) hand-delivering it and having the
recipient -- receptionist, whoever -- sign a receipt for the letter.  The
receipt can either be a separate sheet of paper OR your own copy, onto which
the individual writes a short note such as, "I, Ashley Smith, have received
a copy of this document on Friday, March 13, 2009.   Signed, Ashley Smith."
Send a copy of the letter to the school district's solicitor, as well.  You
can likely find out the identity of this individual form the school district
office.  Often, when a school district is in such a level of non-compliance,
getting the solicitor in the loop can be very helpful for you.  (It really
can never hurt.  If they have a bad solicitor, nothing's going to change
that.  If they have a good one, the individual will tell them to start
following the law.  Either way, your "history" letter will likely wind up on
the desk of the solicitor anyway.  Why not make sure that YOU'RE the one who
put it there?)

Also, add to your letter this wonderful little phrase, "Compensatory
education."  "Compensatory education" is a (usually) court-ordered remedy of
(usually) money to compensate for education not received.  However, (at
least in this region), it is not only the value of the lost services.  It is
the value of the services required to make-up for the loss of the services.
For an 8 year old, it might actually take 9 months of services to make up
for 5 months lost.  As you can see, this is a fairly muddy area of law --
essentially, it's up to the judge.  This fact scares the dickens out of most
school district solicitors.  That's why -- even though you might not be
contemplating due process right now -- the use of the term, "Compensatory
education" can be quite useful.


In the meeting, bring up the NEED for Extended School Year (ESY) services
for your son.  Come next Fall, he will necessarily be behind his classmates
in braille (because he doesn't know it yet).  He definitely needs ESY
services in the summer (and even now, before- and/or after-school) to give
him a fighting chance.  (In effect, it can be a form of non-court-ordered
compensatory education.)

Additionally, make certain that any teacher of braille is qualified to do
so.  Ask the individual if she is NCLB (National Certification in Literary
Braille) certified.  If not, ask her how many academic braille readers she
teaches, both now and in the past 5 years.  If there are any, ask how many
are on grade level.  It will probably be fairly obvious (to everyone,
including your school officials) fairly quickly if this individual is not
really qualified to teach braille to an academic student.



Again, I apologize if I have been less-than-clear or have missed major
things.  Please do not hesitate to contact me with any questions and/or
concerns.


Take care,


Carlton

-- 
Carlton Anne Cook Walker
213 North First Street
McConnellsburg, PA    17233
Voice: 717-485-3383



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