[blindkid] Victories and Defeats

Wed Apr 10 03:21:27 UTC 2013

Thank you, Mary.
I have filed a State Complaint and 
I have contacted an Attorney.

I just spoke to the State today and they asked if the solution I gave to fix the situation was negotiable? I told them NO WAY!!

I have documentation out the ying yang on what they should do but my ESE Director has one heck of an ego. She knows everything. One of my other complaints was they didn't let me choose the person doing the IEE and she told me I didn't have the right to choose only to request. So the State can correct her on that as well.

I'm actually filing another complaint tomorrow just to be a butt head. The IEP states we will receive progress reports every 4.5 weeks and we got the last one 2/11/13, so instead of emailing them prior to my filing this time, I'm just going to go ahead and file and include the email request/threat from the last time I hadn't received the progress report. It isn't my job to remind them or request it everytime.

I will certainly keep everyone posted on how this plays out.  

Tammy D. Parson

On Apr 9, 2013, at 9:00 PM, "Mary Strahan" <phouka at kc.rr.com> wrote:

> Carol--Congratulations!  Tammy--oh no they didn't.  As you know, what
> they're doing is absolutely, 100%, against the law as outlined in the 2004
> reauthorization of IDEA:
> 
> Section 614 (d)(3)(B)(iii)
> 
> (B) Consideration of Special Factors.-The Individual Education Program (IEP)
> Team shall-
> 
> (iii) in the case of a child who is blind or visually impaired, provide for
> instruction in Braille and the use of Braille unless the IEP Team
> determines, after an evaluation of the child's reading and writing skills,
> needs, and appropriate reading and writing media (including an evaluation of
> the child's future needs for instruction in Braille or the use of Braille),
> that instruction in Braille or the use of Braille is not appropriate for the
> child;
> 
> The NFB has a great brochure about it called Braille and Visually Impaired
> Students:  What Does the Law Require?  You can download a copy at
> http://www.cde.state.co.us/cdesped/download/pdf/blv-BrailleVIS_LawRequiremen
> ts.pdf.  This brochure both cites the applicable section of IDEA and
> explains it in layman's terms.
> 
> I just completed education advocate training here in Kansas, so have some
> ideas from my notes.  I don't know if any of these will work, but they might
> be worth a try:
> 
> 1)  There's a civil rights law, Section 504, that protects people with
> disabilities.  Sometimes, this is even used in place of an IEP (although
> they'll tend to prefer the IEP because there's funding that comes with that
> that isn't there with Section 504).  This may not just be an IDEA issue, but
> also a Section 504 access issue.
> 
> 2)  Parental consent is *required* whenever there is a "substantial change
> in placement or a material change in services" for a student.  A "material
> change," in this case, would be a decrease of "25% or more of the duration
> or frequency of a special education service, a related service, or a
> supplementary aid or service specified on the IEP of an exceptional child."
> I'm not 100% sure of whether this is just Kansas or not, but here, any
> change (1%+) requires notice, but 25%+ requires *consent*.
> 
> 3)  Every state has a Parent Training Center mandated by IDEA.  In Kansas,
> it's Families Together; in Missouri, it's M-PACT.  Find yours.  Tell them
> what's happening.  See if they can help.
> 
> 4)  Kansas has an organization called the Disability Rights Center of
> Kansas.  They're amazing.  See if your state has something similar.
> 
> 5)  You said you'd done Due Process before.  Call the people involved with
> that case.  Call your State Board of Education.  Use your computer and your
> telephone and raise a stink to absolutely anyone who will listen.  Since the
> previous lawsuit--that you won--is out there, there should be someone
> willing to enforce that suit.  (That's just me.)
> 
> 6)  I don't think it will stop them from discontinuing Braille and being
> idiots now, but file a Formal Compliance Complaint.  Be thorough:  attach
> exhibits (i.e. evidence), quote the law, include your IEP, include the case
> documents from your previous due process case etc.  Your state has a time
> limit of 60 calendar days to investigate and issue a written decision.  Time
> extensions are only given in the case of exceptional circumstances.  You
> should include a) A statement that a public agency (i.e. your school) has
> violated a requirement of Part B of IDEA.  B) The facts on which (a) is
> based.  C) that the violation occurred not more than one year from the date
> the complaint is received (not a problem in this case), and D) your request
> for corrective action.  Your State Department of Education should have a
> form and instructions to help you file.  And the complaint COSTS YOU NOTHING
> but paper and time.  (I know.  I did it.)
> 
> 7)  From what I understand, one of the risks of Due Process is that you can
> be held liable for the other team's legal fees.  I believe that happened
> with the young man back East where they took 2.5 years of court proceedings
> to get him the Braille he was guaranteed by law.  I'd be very tempted to go
> to your IEP team, note that you have already gone to court for this, state
> that you're more than willing to go again (they don't need to know that $ is
> an issue), and note that this time you will be asking for legal fees and
> penalties against the school district.  In other words, bluff using your
> previous Due Process.  They should be very, very interested in avoiding
> going to court.
> 
> 8)  You can request mediation.  I don't know if it will work, but it's your
> right.  Both teams do have to agree to mediation.  You'll get an impartial
> (i.e. not employed by the school district) mediator who is trained in both
> mediation and special education law.  It's confidential and can't be used as
> evidence in subsequent legal actions, by you or by them.  The written
> agreement is binding under the law and attached to your child's IEP.
> Mediation can't be used to deny or delay due process.
> 
> 9)  We called our state Board of Education last year when we were having IEP
> issues.  I think they were surprised to hear from us, but we did get to talk
> to a state attorney and get guidance on what we could do to go forward.
> Call your state board of education, tell them what's happening and ask for
> help.  It's worth a shot.
> 
> I am stone-cold furious on your and your daughter's behalf.  Please keep us
> in the loop and let us know if there's anything we can do to help.
> 
> All my best,
> 
> Mary
> 
> Help me help CCVI by donating to--or better yet, joining!--Eddie's Entourage
> and this year's Trolley Run.
> http://trolleyrun.kintera.org/faf/donorReg/donorPledge.asp?ievent=1031951&li
> s=1&kntae1031951=49AB3445947C4BF39CC2C67F746B519C&supId=344473835
> 
> You can also help by shopping (yes, shopping!).  Check out
> http://my.fundraising.com/EddiesEntourage 
> ************************
> 
> 
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