[blindkid] Putting pressure on the school district

Doreen doreenproverbs3 at bellsouth.net
Sun Mar 15 15:10:30 UTC 2009


Hi to all,
I have been watching all of this very intently - this is our case! We 
have a 4-yr old VI daughter; she had congenital cataracts removed with 
false lenses implanted in Guatemala, she also has nystagmus, strabismus, 
photophobia and is very myopic. As of Dec, we are on a "consult only" 
basis and she is not receiving any direct services. I have "tabled" the 
Braille fight for now -- I plan on picking it up again for the 2009-10 
school year. The excuses given NOT to provide Braille at this early 
stage are that Torrie has "too much sight, won't like it and it will be 
too slow for her from the 2 TVI's." Now we are doing some pre-Braille 
reading of twin vision books. My hubby's and my gut feelings are that 
the school board is looking ONLY at acuity of 20/70-80 and nothing else.

Torrie has just had a Functional Vision Assessment from FL School for 
the Deaf & Blind and of the 14 areas they could test for (could not do 
pupil reaction as her eyes are so dark), they found 10 red flagged 
areas! (FSDB evaluator has also NOT recommended Braille or a cane in the 
FVA unfortunately). This FVA has been provided to them on Feb 19 and 
just on Friday, 3/13, was an email done back to me in reference to a 
meeting on the FVA and also a reschedule of an IEP meeting (was set for 
2/23) that got cancelled by ESE dept on 2/19 because of FVA and my 
request for a new TVI. My gut says this child needs Braille and I am 
researching privately teaching her and me Braille. I have not even given 
them the IDEA statute which they "SHOULD" know.

As for our IEP, the 2 TVI's have already had it written up when we walk 
in for our IEP and want us to rubber stamp their goals. When I asked 
about the goals at the May meeting for the 2008-09 year, I didn't get 
answers just that kids "run the gammet", and I did not want to create 
waves, so did not PUSH the issue of her goals not being age appropriate. 
We have had 3 meetings since then and that is how we have gone from 
30-min/month of direct services (with a TVI who does not know how to 
deal with a pre-k child) to consult only with the OT she has (and I know 
there has certainly not been 30 minutes/month used for this consultation 
with the OT let alone a call to our home.) The TVI has not talked to us 
directly except for me to update her on what the FVA indicated.

I have spoken with Debby Brackett in Stuart and also have an advocate 
coming to our IEP meetings. I am looking forward to the state convention 
in May in Boca Raton, FL. I can say I have been keeping written 
logs/notes (usually on the computer) and have emailed these to a friend 
so that when my dorie-brain kicks in, there is another person to remind 
me. I also have taped our IEP meetings since this year - and I am glad I 
have! (School bd also tapes the meetings.)

Holly, please continue to post the letters and emails that you have done 
- they are helping me fight the good fight. Good luck to you!

Blessings,
Doreen





Carrie Gilmer wrote:
> Dear Holly,
>
> You brought up something that one of these days we will get an article on,
> but for now I zip it out there between laundry loads and preparing for
> company and confirming registrations...I am feeling like an octopus...wish I
> actually had eight arms. I am also low on patience for these people today,
> so be forewarned.
>
>  
>
> "Can't we all get along???" I made what I feel are great mistakes early in
> the trying to get along, being flexible, being patient, giving the benefit
> of the doubt, naively trusting professionals, compromising too much,
> returning trust over and over after it was broken...
>
>  
>
> There is a big difference between "getting along" and "going along". I
> realized that I had done nothing unreasonable or outside the law or even
> uncivil yet they always made me feel as if I was a nut and rude and in one
> ear and out the other. Finally I realized I was going along with
> inappropriateness at the cost of trying to get along. I realized it was
> getting worse instead of better. My getting along had done nothing real to
> improve my son's services in any substantial way. Yet my son's education was
> for years not free and not appropriate. While I was trying to "get along" he
> "went along" being harmed. That cost is too high!
>
>  
>
> You can't "get along" with injustice. Look, if these people had wanted to
> comply with the law they would have done so. If they cared about Braille
> literacy and his need for it this would have been done. If they believed you
> were a full partner on the team...done, history. If they believed he needed
> it you would have no argument, they would have done just very simply what is
> their job and followed protocol and the law. You wouldn't "go along" with
> injustice either. It is time to quit believing they will "do the right
> thing" on their own, if they were it would be done. I know I said I hope
> this is the last letter (I know I was hoping for miracles-but hey, I never
> give up hoping), and maybe they will get it right, but if they were going to
> do it on their own, that letter, making them aware, should have brought an
> apology and an immediate meeting to get it right--if their intent was
> clearly to make it right (meaning they acknowledge too what has gone wrong).
>
>  
>
> It doesn't mean they won't do it, I think from all you have described
> though, they will not do it without extreme pressure. And then you will
> likely have serious things to think of and monitor if the teacher herself
> does not believe. A teacher cannot teach something well that they do not
> believe in, IT is impossible. Your challenge is to not only get them to do
> it, but to believe in doing it. You will have to create tension or they will
> not budge. There is nothing wrong with tension. Tension can be civil.
> Nothing moves without tension. They DO NOT CARE like YOU DO. YOU are HANK's
> real advocate, they will never care like you, of course not, Hank is not
> their child.
>
>  
>
> You are contesting now the fact that no proper IEP exists and you have
> realized he should have had Braille. You are contesting or rather
> protesting: It was THEIR legal obligation to eval for Braille if they were
> not going to do it or provide for giving it to him the day he stepped on
> their property with a visual disability qualification for service NOT the
> day you told them about it! They are in non-compliance with the law on
> several points and they must come into immediate compliance or you continue
> to make the complaint to higher authority.
>
>  
>
> They don't HAVE to provide a draft before the meeting, it is recommended,
> they CAN, SO CAN YOU, but they CAN NOT write the final or make decisions
> BEFORE the meeting. This is different because they are having to back track.
> They were out of compliance with the law when they made the last IEP, on
> that point alone on Braille they need to come into compliance immediately
> and a meeting needs to be called to consider placement and the how to and
> where s and whens of providing Braille adequately whether or not this was
> his annual time. They also could very well owe you compensatory hours back
> to the day when he stepped on their property and they began service without
> considering Braille.
>
>  
>
> Federal law states that the LEA must comply with parent request for any
> educational records that are collected maintained or used by the LEA
>
>  WITHOUT UNNECESSARY delay and BEFORE ANY IEP MEETING REGARDING AN IEP. AND
> IN NO CASE MORE THAN 45 DAYS after the request has been made.
>
>  
>
> I've been reading a great book on the effective leadership style of Dr.
> Martin Luther King Jr. by Donald Phillips. I enter these steps from one
> chapter, I wish I had had this when my son was in first grade. It is a great
> book and I highly recommend it. If I could afford it and they would not
> think me a dictator I would buy every one of my leaders the book and require
> the reading of it (smile). I will put in one of his quotes in quotation
> marks after a step, otherwise,
>
>  Any (comments) are my own.
>
>  
>
> 1.    Seek dialogue to discuss conscerns. (This you have done, but
> unfortunetly in tryin gto "get along" we keep seeking dialouge to discuss
> concerns.sometimes of months an dyears. Meanwhile our child is growing up
> and the windows for the learning opportunities get smaller.
>
> 2.    Create a crisis. (these things don't happen, they don't FEEL it unless
> we make a crisis for them-this is not us being bad!) "We set out to
> precipitate a crisis situation that must open the door to negotiation. I am
> not afraid of the words 'crisis' and 'tension'. Innante in all of life, and
> all growth is tension. Only in death is there an absence of tension. To cure
> injustices, YOU MUST EXPOSE THEM BEFORE THE LIGHT OF HUMAN CONSCIENCE AND
> THE BAR OF PUBLIC OPINION." MLK, Jr. (you seek to raise the moral conscience
> of those on the team-you may not succeed with all, maybe not even the TVI,
> but seek to do it with those who have the most power.)
>
> 3.    Set out demands and conditions.
>
> 4.    Stay firm and keep up the pressure.
>
> 5.    Meet and regroup with your team. (This means you actually GOT a team,
> get a team so you are not alone)
>
> 6.    Be prepared to intensify pressure if demands are not met.
>
> 7.    Insist on a plan of implementation and create a committee to assure
> follow-through (the IEP should have a clear list of implementation plan and
> who is responsible and what is the chain of command for complaints if
> further non compliance) 
>
> 8.    Show good faith, use discretion, and allow the opposition a graceful
> way out (this is key-you may have to work with some of them for man years
> yet-give them help them save face as best as you can as you raise their
> moral conscience and awareness of Braille)
>
> 9.    Praise the other side (when ever you can for what ever is RIGHT and
> when it is done, praise them for their efforts)
>
> 10.Stick to the agreement (make sure they do and make sure you do your part
> as a parent: learn Braille yourself and get them readgin g at home-meaning
> once you get it don't leave it all up to the school)
>
>  
>
> Okay the dryer has buzzed four times.....
>
>  BTW very good plan not to go with the hot pink swirly binder for the
> meetings, nice restraint (smile)I think you are going to do well for  Hank
> Holly, he is lucky to have you for a mom, and you are well on your way.
>
>  
>
> Carrie Gilmer, President
>
> National Organization of Parents of Blind Children
>
> A Division of the National Federation of the Blind
>
> NFB National Center: 410-659-9314
>
> Home Phone: 763-784-8590
>
> carrie.gilmer at gmail.com
>
> www.nfb.org/nopbc
>
> -----Original Message-----
> From: blindkid-bounces at nfbnet.org [mailto:blindkid-bounces at nfbnet.org] On
> Behalf Of holly miller
> Sent: Saturday, March 14, 2009 5:08 PM
> To: NFBnet Blind Kid Mailing List,(for parents of blind children)
> Subject: Re: [blindkid] Putting pressure on the school district
>
>  
>
> Carrie,
>
>  
>
> Just wanted to explain this point a little further.  They haven't yet
>
> presented me with an IEP/draft that includes (or denies) Braille in any
>
> amount so I can't contest something that doesn't exist.  I knew the
>
> caseworker was writing the draft, I was essentially giving her a heads up
>
> that if it didn't have enough Braille in it, I would be contesting it
>
> thinking if she knew that up front, she might try a little harder to get it
>
> right.  Still stuck in the "can't we all get along???" mode I guess.  But
>
> yes, once they actually provide me with something to contest, I will be sure
>
> to contest in writing well within the proper timeframe.
>
>  
>
> That's actually another point of non-compliance.  Our IEP meeting was
>
> originally scheduled for 3/3.  I (verbally) requested a copy of the draft &
>
> teacher reports on 2/26 (because I was there in the office anyway)  She
>
> didn't have it written yet.  I asked her to send it to me as soon as it was
>
> done.  Never got anything.
>
> On 3/3 the meeting was cx due to snow but logic would say all the doccuments
>
> must have been ready because she couldn't have known it would be cx.
>
> On 3/3 I emailed and in writing requested the draft & teacher reports.  The
>
> caseworker was out of compliance for not having the doccuments available to
>
> me 10 days before the originally scheduled meeting.  She's out of compliance
>
> for not providing records within 10 days of the request even just going by
>
> the 3/3 written request.  Our new IEP date is 3/26 so if I don't have the
>
> doccuments on Monday, she'll be out of compiance yet again for not having
>
> them to me 10 days before the new date, yes??
>
>  
>
>  
>
> I didn't quote all the other excellent points you made because they were, in
>
> fact, excellent :-)
>
>  
>
> Holly
>
>  
>
> On Sat, Mar 14, 2009 at 11:00 AM, Carrie Gilmer
> <carrie.gilmer at gmail.com>wrote:
>
>  
>
>   
>
>   
>
>   
>> I stayed calm & collected but I told her that this is not acceptable. I
>>     
> had
>
>   
>
>   
>> told her (verbally) on two other occasions in the last 3 weeks that I knew
>>     
>
>   
>
>   
>> this is what the TVI would be offering and she needed to be aware I was
>>     
> not
>
>   
>
>   
>> going to find it acceptable nor would I sign off on an IEP that did not
>>     
>
>   
>
>   
>> provide appropriate Braille instruction.
>>     
>
>   
>
>   
>
>   
>
>   
>> Get this one straight. They do NOT need your signed permission!!!!!! IF
>>     
> YOU
>
>   
>> DISAGREE you MUST give written DISAGREEMENT, that is your power to stop a
>>     
>
>   
>> bad plan. Doing NOTHING, failing to sign a new IEP or proposed change,
>>     
>
>   
>> gives
>>     
>
>   
>> them consent-they have IMPLIED consent at 14 days for annual IEP's if you
>>     
>
>   
>> do
>>     
>
>   
>> nothing. Again, you MUST disagree in writing WITHIN that time or you DO
>>     
>
>   
>> give
>>     
>
>   
>> permission for them and the IEP they send.
>>     
>
>   
>
>   
>
>   
>
>   
>
>   
>
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