Wednesday, March 5, 2008

The verdict is in.

Remember the complaint I sent to the State Department of Education?
Well, I received a call from the Compliance Officer this afternoon. She explained to me that her investigation was primarily surrounding Jaysen's behavior plan, and whether or not the school was implementing it.

Since they have been scrambling and trying to cover their asses, they were able to show that they have been meeting weekly, tracking and reviewing data, and attempting to find the appropriate supports.

My concern that the data being collected is inaccurate because they're neglecting to document any antecedents, is apparently futile. She "can't be convinced" that they're not tracking antecedents. Umm...have you looked at the data collection sheets? Whatever.
The IEP states that a behavior plan needs to be in place, and they have proved that. She found them not in violation as they are fulfilling the IEP. She will mail out her report tomorrow. I'm trying to contain my joy.

I remarked that there are aspects of the IEP that are not being fulfilled, like his assignments being scaffolded and such. She reminded me that her focus was the behavior plan. No mention of the other complaints, just the BIP.

Wow.

Well, I certainly feel defeated, although she did give me the contact information for the Office of Civil Rights. She said she was sympathetic to my frustrations, and I would need to contact the OCR regarding the discrimination complaints I had.

School: 1
Me: 0

10 comments:

cmdhdpeterson5 said...

I'm sorry you're having such a hard time. I'll keep you and your sons in my prayers.

Ashley's Mom said...

sounds like due process is the next step. That, however, can be really expensive and grueling emotionally. Can you find out what and where your state's protection and advocacy unit is? If they accept your case, there are no charges for the attorney. It's how I got through my due process.

Here's the url for the national P&A organization. I think they have a listing of state sites also.

National Protection and Advocacy Organization

Marla said...

Hugs. It figures that they would find no violation and they know for the next step it takes lots of time, money and energy. They are probably banking on the fact that you will give up. We do have to pick our battles. Whatever you decide to do you are advocating for your child and things just have to get better. hang in there.

mommy~dearest said...

Thanks for the link, Ashley's mom. I'm not sure this battle would qualify for due process- I may want to save that one for the discrimination complaint that I have to file with the OCR.

I just called my advocate to see if that's going to be a good move. My concern is that if I file with the OCR, ond the investigation comes out again that they are not being discriminatory, will that finding hold weight in court?

mom2spiritedboy said...

How frustrating! Being Canadian, I don't "get" all the different laws surrounding special education in the U.S. but I am glad you at least have some recourse. Here there are a lot of "shoulds" but very few "musts"
I must say though that having to wage that war on so many fronts must be exhausting and time consuming. Good luck with it all - I hope you are able to end up with what you want for your son.

Casdok said...

Yes they are hoping you will give up. Makes me mad!
You do seem to be doing all the right things, just remember to look after yourself to with all this stress. (H)

misha_k said...

This is just so unfair and wrong. I'm trying to find the words here and I just can't. I'm so angry about this. I agree, they're hoping you'll give up. But, I've seen from your blog the fighting spirit you have to do and get what's right for Jaysen.

Sending tons of hugs your way.

A Bishops wife said...

I hope you are feeling better. You are not defeated. You seem to me like a wonderful, caring mother. You need legal assistance. ACLU? Maybe they could help?

I am praying for you and your family.

Elissa - Managing Autism said...

Sh*t... I can so feel the weight of all this on you.
Keep your strength up - sending love and hugs your way. xx

Megs said...

It is such a silly, and painful process. Why is it always a me "against" them mentality? All we we want is the basic right of our children to QUALITY education. Cookie cutter education is not a measure of success. We won't settle on the 2007 IEP, so here we are in 2008 operating off a 2006 IEP. Stay strong, be his voice, DON'T let the man get you down.