angel97701
Pearl Clutcher
Posts: 3,148
Jun 26, 2014 2:04:25 GMT
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Post by angel97701 on Jun 3, 2020 1:16:11 GMT
We have been advised to file a complaint with our State Department of Education regarding the fact that our son's IEP has not been followed. We are in Oregon. We are working with a SpEd specialist from another state, but since FAPE (Free and Appropriate Education) is federal law there are similarities between states.
We are close to the end of the school year here, and we do have up to one calendar year to file the complain according to the 22 pages of instructions that came from the ODE.
What suggestions to you have? Do you utilize an attorney? Any key words that should be included in the complaint that are triggers for the ODE and show the lack of adherence to the IEP?
We got a form from his case manager that he had been withdrawn from the district and FAPE, yet I still have access to everything online just as if he were still a student enrolled in the district. This will work in our favor I believe.
Part of the complaint refers to his latest triennial IEP and the lack of inclusion of his mental health status. He has developmental trauma from relinquishment and early years in Russia, adopted at age 4. His depression and substance abuse surfaced in the past year, and his teachers/case manager/school psychologist were all informed each step of the way via email. Honestly I missed that little check box as I understood it to be related to JUST physical health, not including mental health. But as I understand it now, mental health should have been considered!
The second part of the complaint was my very specific email request to all his general ed teachers as to how his assignments would be modified during the time of distance learning. I got a general reply from his case manager just offering "help" but no specifics, and a reply from the principal stating it was all just Pass/no pass so not a big deal. Four weeks into distance learning the case manager finally offered 1/2 hour per day to help my son remotely . . .  Obviously there is a lot more to the story!
Things became so severe that we did send him to Wilderness Therapy 2 weeks into the 4th quarter here. He is truly making progress, and we know that we've done the right thing for our son. He has been gone 37 days (not that I'm counting  ). Minimum stay is 60 days up to 84 days. He loves the outdoors, and the therapies that are provided are seeming to work and help him make some big changes.
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Post by monklady123 on Jun 3, 2020 2:25:21 GMT
We have been advised to file a complaint with our State Department of Education regarding the fact that our son's IEP has not been followed. We are in Oregon. We are working with a SpEd specialist from another state, but since FAPE (Free and Appropriate Education) is federal law there are similarities between states.
We are close to the end of the school year here, and we do have up to one calendar year to file the complain according to the 22 pages of instructions that came from the ODE.
What suggestions to you have? Do you utilize an attorney? Any key words that should be included in the complaint that are triggers for the ODE and show the lack of adherence to the IEP?
We got a form from his case manager that he had been withdrawn from the district and FAPE, yet I still have access to everything online just as if he were still a student enrolled in the district. This will work in our favor I believe.
Part of the complaint refers to his latest triennial IEP and the lack of inclusion of his mental health status. He has developmental trauma from relinquishment and early years in Russia, adopted at age 4. His depression and substance abuse surfaced in the past year, and his teachers/case manager/school psychologist were all informed each step of the way via email. Honestly I missed that little check box as I understood it to be related to JUST physical health, not including mental health. But as I understand it now, mental health should have been considered!
The second part of the complaint was my very specific email request to all his general ed teachers as to how his assignments would be modified during the time of distance learning. I got a general reply from his case manager just offering "help" but no specifics, and a reply from the principal stating it was all just Pass/no pass so not a big deal. Four weeks into distance learning the case manager finally offered 1/2 hour per day to help my son remotely . . . Obviously there is a lot more to the story!
Things became so severe that we did send him to Wilderness Therapy 2 weeks into the 4th quarter here. He is truly making progress, and we know that we've done the right thing for our son. He has been gone 37 days (not that I'm counting ). Minimum stay is 60 days up to 84 days. He loves the outdoors, and the therapies that are provided are seeming to work and help him make some big changes.
I have no advice because I don't know much about the IEP process....But, I just wanted to mention that my daughter did her college internship at a wilderness camp therapy place in southern Virginia. It was a residential camp for boys, way out in the country. She loved it and still hears from some of her boys (that's what she always called them, "my boys", lol). I hope you son has great success at the one he's enrolled in. |
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angel97701
Pearl Clutcher
Posts: 3,148
Jun 26, 2014 2:04:25 GMT
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Post by angel97701 on Jun 3, 2020 2:53:59 GMT
I have no advice because I don't know much about the IEP process....But, I just wanted to mention that my daughter did her college internship at a wilderness camp therapy place in southern Virginia. It was a residential camp for boys, way out in the country. She loved it and still hears from some of her boys (that's what she always called them, "my boys", lol). I hope you son has great success at the one he's enrolled in. Thank you! We've established a good relationship with his therapist and have had good reports (along with some set-backs), but it is all part of the process. We feel very blessed that the program BEST suited for our son's needs has one of their bases right here in our home town. AND incidentally it was recommended by a Refupea! We are a wealth of information! WRT is a very intensive therapeutic intervention that is $$$$ but at this point DH and I are thankful that he is going in the right direction. With the Covid situation and no school (well distance learning) he may even keep it private that he was gone for 3 months in WRT. So I am looking at that as a silver lining! |
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Post by ntsf on Jun 3, 2020 2:55:54 GMT
I did a state hearing three times. I used a lawyer from a non profit that helps families with special education issues. I would suggest you don't go it alone.. it is so emotional. I did all the prep work. it starts with writing a detailed letter.. I did the grunt work on this.. maybe just consult a lawyer in cause you go to hearing.
You detail what is in the iep, what should have been in the iep, document all the issues that come up because the iep was not complete or not followed.. (the more documentation the better) . attach an copy of the iep and detail exactly how you wish to resolve the issue. ie.. new iep meeting, need mental health support. want them to provide FAPE by sending him to wilderness therapy.. why no other therapy tried worked, any evaluations, documents from the current therapy school, statements from last try..
it can be done. I had three hearings due to not following the iep, and lack of progress. we settled at a premeeting before the hearing officer (settled with the school district's lawyer).
so if you can draft the letter, gather documentation, then see a lawyer for advice, you will save time and money.
good luck.
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Post by Really Red on Jun 3, 2020 2:58:15 GMT
My son had a 504 and it was rarely, if ever, followed. It was exhausting to continually talk to the myriad teachers he had and then they were all surprised he had a 504. He didn't "look" like he did or "act" like he did. Because you know, there's apparently a way to look and act when you struggle. One teacher asked me why he played games on his "game boy" all the time. This was 2.5 months in to the school year. He was on a computer! She told me he could do the work because when it she asked him a question he knew the answer, but he was playing around and that's why he couldn't pass the written tests. AARGH!! He could not write!! No one would admit my child had problem because he wasn't failing. Private testing wasn't good enough for them (!!) and they told me that anyone with an IQ like my son didn't need help. Then I was told I was doing his work for him, and that was the real problem. If he did his own work it would be better. As if I could even understand his math! It still makes me see red today. He was so marginalized because he wasn't a problem.
Sorry. That's not helpful to you, but I understand your frustration. I did not hire a lawyer. I hired someone who specialized in IEPs and 504s. There are people like that and they are basically your case manager. Start with one of them. Ours was pricey, but worth it.
The specialist really helped them see that the school had to help him. If that is what you're after, of course. If you want money to pay for help you may need with your child, a lawyer may be a better route.
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Post by ntsf on Jun 3, 2020 3:06:59 GMT
the worst moment of all the iep meetings I sat in (and we had them monthly all through middle school) was when the school district insisted that my child be in the meeting (she was 12). and the lawyer for the district turned to her and asked her "why don't you write?" it was like the lawyer turned to a kid in a wheelchair..Why don't you walk? my kid has autism, has an iq of 140-- well read and articulate and at that point had never written three paragraphs together.. and the district didn't think it was a problem. my child got 80 hours of tutoring she did over the summer and she ended up at a special high school for kids like her. and after 7 tries at college 101 english writing.. she passed and can write a paper if she has to. in high school, her triumph in high school was a 9 page paper on the use of Latin in Harry Potter books. I feel the pain..
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Post by elaine on Jun 3, 2020 4:02:09 GMT
I would seek the help of a lawyer, because things are very unclear re: what schools have to do regarding IEPs when the school system is closed during the pandemic.
The federal DOE has made some statements limiting the responsibility for schools meeting IEPs when the only instruction being offered is on-line learning due to the pandemic.
Since these are unchartered waters, I don’t think you stand as much of a chance of getting action if you pursue it by yourself as if you had legal assistance. And a lawyer would better be able to interpret the lifting of schools’ responsibilities to adhere to IEPs and what you might reasonably expect. What was the case up until March (or whenever your district closed down) and what schools must provide now appear to be different things.
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Post by pierkiss on Jun 3, 2020 4:17:25 GMT
I don’t have a whole lot of advice. But I highly recommend talking with a lawyer who either specializes in this or has experience in dealing with IEP complaints. I would also recommend looking into an advocate. I can’t remember the exact term right now. Hopefully another pea can fill in the blank for me. I would not talk with the school anymore unless the lawyer and/or the advocate are present.
Good luck. I’m so sorry that your child’s needs weren’t met. I know that this distance learning has been challenging for everyone. But to wait until half the time is up to even offer to help is inexcusable. My son gets services from his school (ASD, no formal IEP/AEP in place yet-its coming). He was having weekly meetings with his resource teacher by the 2nd week of quarantine to continue working on specific skills. And if we had needed it she would have been available for 1:1 with him for academics whenever during the week. His teachers also offered 1:1 whenever it was needed. I didn’t need to take them up on the offer, but I so appreciated it was there, and that they were TRYING to continue services in this weird time.
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Post by pierkiss on Jun 3, 2020 4:19:35 GMT
the worst moment of all the iep meetings I sat in (and we had them monthly all through middle school) was when the school district insisted that my child be in the meeting (she was 12). and the lawyer for the district turned to her and asked her "why don't you write?" it was like the lawyer turned to a kid in a wheelchair..Why don't you walk? my kid has autism, has an iq of 140-- well read and articulate and at that point had never written three paragraphs together.. and the district didn't think it was a problem. my child got 80 hours of tutoring she did over the summer and she ended up at a special high school for kids like her. and after 7 tries at college 101 english writing.. she passed and can write a paper if she has to. in high school, her triumph in high school was a 9 page paper on the use of Latin in Harry Potter books. I feel the pain.. Holy hell I would have lost my shit. Both as a practitioner and as a parent of a kid with ASD. I can’t even. I’m so sorry. |
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Post by theroadlesstraveledp on Jun 3, 2020 4:35:09 GMT
Nope not working for me, especially when they were all informed about it via email. Keep copies of those emails of you have them. I would also go after any goals in the IEP that they did not meet. I would also look into hiring an IEP advocate or a lawyer. I hope that you can find the best person to help you get the best outcome for your son. |
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Post by freecharlie on Jun 3, 2020 4:56:44 GMT
You need a lawyer.
What is the outcome that you are seeking?
Did you withdraw him from the school/district to send to the wilderness thing?
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angel97701
Pearl Clutcher
Posts: 3,148
Jun 26, 2014 2:04:25 GMT
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Post by angel97701 on Jun 3, 2020 16:40:46 GMT
You need a lawyer. What is the outcome that you are seeking? Did you withdraw him from the school/district to send to the wilderness thing? I have a name for a good SpEd lawyer and several others in the SpEd field who can assist me along the way.
Outcomes: Better training for SpEd case managers, teachers, counselors in Early Childhood Trauma, Excutive Function Disorder and how all are related to substance abuse. True mental health counselors in all the schools (not just HS as in our district), referrals and coordination with our county on substance abuse and mental health treatment. Payment for FAPE at his grade level (ie his Sylvan tutoring), at minimum payment for what the district would receive for his enrollment in school from the state and at maximum payment for his treatment at Wilderness Therapy. Long story short, he was in a pilot program for something called Integrated Design (3 periods a day elective, LA, science). They assigned a "Real community problem" as one of their projects at the beginning of 3rd quarter, he choose hunger (me not realizing he had chosen this and what a trigger this would be for a child who at age 3 years 11 months was in the 3rd % for height and weight after being adopted from Russia at 28#) NOR him realizing the project would last 10 weeks! This exacerbated his depression etc.
I did not withdraw him from the district, and I can still access everything online as if he were still enrolled. He had an excellent case manager in 6th and 7th grade but she moved. Did get a form from his new case manager (the one who the year before said "What am I supposed to do? Push his pencil") that said he was no longer enrolled as he had moved. He has not moved! The form also said no other options were considered, BECAUSE none were offered even before COVID I sent 8 emails to staff describing his decline. Interesting thing, the program is based in our home town and he has an educational component. Part of my stance is, "If a child were in cancer treatment would you withdraw all services?", my child has severe mental health issues and I would prefer to keep him alive! Suicide happens purposefully or sometimes accidentally with substance abuse.
Prayers and good thoughts appreciated!
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Post by elaine on Jun 3, 2020 16:52:35 GMT
You need a lawyer. What is the outcome that you are seeking? Did you withdraw him from the school/district to send to the wilderness thing? I have a name for a good SpEd lawyer and several others in the SpEd field who can assist me along the way.
Outcomes: Better training for SpEd case managers, teachers, counselors in Early Childhood Trauma, Excutive Function Disorder and how all are related to substance abuse. True mental health counselors in all the schools (not just HS as in our district), referrals and coordination with our county on substance abuse and mental health treatment. Payment for FAPE at his grade level (ie his Sylvan tutoring), at minimum payment for what the district would receive for his enrollment in school from the state and at maximum payment for his treatment at Wilderness Therapy. Long story short, he was in a pilot program for something called Integrated Design (3 periods a day elective, LA, science). They assigned a "Real community problem" as one of their projects at the beginning of 3rd quarter, he choose hunger (me not realizing he had chosen this and what a trigger this would be for a child who at age 3 years 11 months was in the 3rd % for height and weight after being adopted from Russia at 28#) NOR him realizing the project would last 10 weeks! This exacerbated his depression etc.
I did not withdraw him from the district, and I can still access everything online as if he were still enrolled. He had an excellent case manager in 6th and 7th grade but she moved. Did get a form from his new case manager (the one who the year before said "What am I supposed to do? Push his pencil") that said he was no longer enrolled as he had moved. He has not moved! The form also said no other options were considered, BECAUSE none were offered even before COVID I sent 8 emails to staff describing his decline. Interesting thing, the program is based in our home town and he has an educational component. Part of my stance is, "If a child were in cancer treatment would you withdraw all services?", my child has severe mental health issues and I would prefer to keep him alive! Suicide happens purposefully or sometimes accidentally with substance abuse.
Prayers and good thoughts appreciated!
I’m so glad that you have a spec Ed lawyer! I think that he/she will be much more able to help you than we will because COVID has changed the spec Ed educational landscape. I will keep you and your son in my thoughts and prayers! I wish you the best. |
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Post by theroadlesstraveledp on Jun 3, 2020 17:01:32 GMT
I'm glad you found lots of people to help you!  |
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artbabe
Pearl Clutcher
Posts: 3,844 
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Post by artbabe on Jun 3, 2020 18:45:19 GMT
I hear these horror stories about teachers not following ieps and it just boggles me. Our school always stresses that ieps have to be followed to the letter. My best friend is a sped teacher and I can't tell you the number of hours she puts in to modify materials and adapt/accommodate each plan to that student's specific needs. The amount of paperwork it requires to document this is huge. It is stressed over and over to us that it is a legal document and we need to make sure that it is being completely followed.
Even when we were teaching from home this 9 weeks she was told that she needed to have at least 3 contacts with the parent a week and one of them had to be a phone call. They intervention specialists had meetings all of the time on how to adapt to online learning with ieps.
And then I read the things people here write about schools not following ieps and it blows my mind. How do they get away with that?? It is insane. I would be in so much trouble if I didn't follow them.
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Post by theroadlesstraveledp on Jun 4, 2020 5:31:09 GMT
And then I read the things people here write about schools not following ieps and it blows my mind. How do they get away with that?? It is insane. I would be in so much trouble if I didn't follow them. Good question. Wish had an answer. Some of the parents my friends who are Special Ed teachers come across are in the same boat as the OP and are ready to get an advocate or lawyer, or they've decided to home school, because they are done and hire educational consultants to help them. |
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Obviously there is a lot more to the story!
). Minimum stay is 60 days up to 84 days. He loves the outdoors, and the therapies that are provided are seeming to work and help him make some big changes. 
