Gifted Issues Discussion homepage Forums Twice Exceptional Dept of Ed Complaint

I am contemplating filing a Dept of Ed complaint to ask them to review several of the issues we have experienced over the past year. Has anyone gone this route? Any words of advice?

Can you give a few specifics about what would be in the complaint? Are you planning on hiring a lawyer? What do you want to achieve or obtain as a result of the complaint?

We ended up calling the State Dept. of Ed on the phone, on the instruction of our advocate, and had them intervene in a situation that could not be turned around by our advocate or us despite a year of efforts. Once we found the right person to talk to, it was fairly straightforward and extremely helpful.

I wouldn't hesitate at the stage where you are to take this step; you have done all you can, and the teacher is mistreating your child, and the principal appears not to be stopping it. If your advocate recommends this course, you may want to write a letter to the principal first detailing the latest abuses when the para was out, so that that principal has every chance to fix it before you file the complaint. You want to be able to show that you did every possible step and the issue was not resolved.

DeeDee

I'm trying really, really hard not to write a novel in response here. Please bare with me...

Throughout all the trials and tribulations with our district we have been paying our consultant to work on smoothing the waters and working out solutions when district personnel have created problems. Really, really big problems. Our consultant takes a conciliatory approach and does not take or remain involved in cases that become too contentious. He feels that the only way to remain effective for all his clients is to maintain a good relationship with the district. If we go to due process or file a Dept of Ed complaint we will have to do so solo or hire an attorney. He will remain our consultant moving forward but won't be involved in the complaint process in any way. This is why I need input here.

Before the former Director of Special Services left the district he had worked closely with our consultant and the 2 of them are the major reason DD has so many services in place now. Before he left, and before the explosive IEP meeting in June, we met with him to iron out a plan for this year. The IEP meeting was really supposed to be mostly a formality and there was still the issue of classroom placement. It was the one area that he could not control - it was a unilateral decision to be made by the principal, "principal prerogative" according to the district. After our meeting and before the IEP meeting consultant and DSS discussed that they would reach a mutually agreeable solution to reimbursing us for the excess costs we were facing as a result of bad behavior on the part of the district. With the explosion of the June IEP meeting that discussion never occurred. Instead we faced even more expenses that should not have been necessary if district personnel behaved appropriately. i.e. The new DSS contacted our consultant and requested a meeting so we could bring her up to speed since former DSS left right after everything fell apart and no one else in the district had any idea what was happening. We then had to reconvene another IEP meeting to complete what was not done in June. In other words - twice the meeting time, twice the expenses for our consultant.

As the school year has gone on we have had some pretty significant issues with the classroom teacher failing to accommodate, modify or differentiate appropriately. I have communicated our concerns to the new SW (who is the case manager), the spec ed teacher and the new DSS. The SW and Spec Ed teacher have tried to work with her on doing more of these things but she just doesn't get it. DD is now back in a migraine cycle and her school anxiety has resurfaced. We believe that the principal selected this teacher - going so far as to move her from 6th grade down to 2nd - specifically because she would be a "chip off the ol' block" and do things the principal's way. She will not change anything in her classroom unless specifically directed to do so, and of course the principal is not doing any such directing.

While dealing with all this the new Director of Pupil Personnel Services has refused to reimburse us for the extra expenses that we have faced. Her reason - we didn't get prior authorization from the district for the expenses. The fact that their personnel contacted our consultant for meetings and caused a duplication of services to be required doesn't seem to matter. I have told the district that because of this short sighted position we are no longer willing to take on the financial responsibility of having our consultant try to work on reaching solutions when their personnel create problems. They can do it right. They can correct the problems when we point them out. If they choose not to do this they cannot expect us to write unlimited checks to fix the problems. Instead we will prevail upon the existing - and no cost - formal option of having the Department of Education intervene and get them to correct the problems.

While it is the current issues with the teacher that will open the door to the complaint I plan to bring the whole situation to their attention. If someone is going to try to address what is going on in this district they need to know the whole story. That means my complain as drafted in 24 pages long and outlines 14 different issues.

I read somewhere that Dept of Ed complaints never help because it just gives the district a road map of what to avoid to win at Due Process. Has anyone heard this? If we want to try to stay in the district I think the Dept of Ed may be the way to go. If we are ready to cut loose and go for OOD then probably going straight to due process would be better. I just can't help but feel like if the principal was removed and we had an appropriately supportive teacher the local district could work. I just don't know how likely that is so I am not sure which route to take.

Any and all input and advice is welcome.

When my son was in kindergarten he couldn't get OT for his fine motor disability because he was not failing. He couldn't get an appropriate education unless you believe coloring "letter people" instead of being allowed to read the 5th grade level books he was capable of reading is an appropriate education.

I contacted our state department of education and was told it would not do any good to complain. I was told that our state laws would have to be changed before they would be required to provide OT and an appropriate education for a child like mine. The person I talked to in our state's gifted ed department, as well as the school principal, the superintendent, and a teacher who had gifted sons all told me that I would either have to do private school which we couldn't afford or homeschool. I sent emails to our state's disability law center and didn't even get a reply. It was the same thing with my state's superintendent of public schools. No reply. I gave up after that. I didn't know what else to do.

We had asked for an IEP meeting after homeschooling for a year and with test results in hand. My husband and I met with the school psychologist because we were considering putting our son back in school but the school psychologist recommended continuing homeschooling. He said there was nothing they could really do for a kid like mine in their small town school.

We could not afford to hire a lawyer and my dad did not want me to fight the school.

Sometimes I think I should have complained more, fought harder, but I was having trouble with anxiety and high blood pressure because of serious family health issues and I just could not do any more at the time.

Pemberley, what does the consultant think about the current problem with the teacher? Is he working on solving it, or has he given up? If the latter, he may have reached a limit of his usefulness to you (for now).

For YOU, I don't think there is much to lose in filing the complaint. It's not like the principal or teacher is your friend now. If the complaint succeeds and there are changes, it sounds like the SW and Spec Ed might well be relieved that they can finally be effective in their jobs. It sounds like with this principal, next year will be no better, and you'll be leaving the district; if I read right, this is your last ditch effort to stay put. Hiring a lawyer would cost money, but if it's that or find another apartment in NYC and maintain two households, the lawyer is probably still cheaper. And most depts. of ed. have their process set up so you can file the complaint yourself.

Are you amassing high-quality evidence? Are you journaling (in ink, with dates) every one of these negative incidents? The key to staying out of due process is to have an irrefutable case; the better your evidence is, perversely, the less likely that you have to use it. Even in filing a Dept of Ed complaint, it will matter that you have your binder of evidence ready.

I don't know whether they would fire the principal or not-- that's district-state politics. But the state can force the district to force the principal to comply with the law and stop the abusive situation. Sometimes these cases do lead to the sudden retirement or "change in duties" of the offenders. We've seen that locally.


We've never sought reimbursement of this kind, so I can't help you at all out of our experience. This would probably be the province of a special ed lawyer.


So the SW and Spec Ed teacher see the problems with the teacher, and have given up? What do they advise you to do, if anything? Their hands are probably tied, with no support from the principal. They may be afraid for their jobs if they speak up.


I'm so sorry. This is dreadful.


Our situation was such that our district was systematically denying rights to lots of children; our call with the state dept of ed was THE THING that got the district to comply and fix the godawful mess we were in. Once they were aware, it was fixed quickly and well, a great relief to us. Your situation is different from ours, but as I say, I don't see that you have much goodwill to lose; they need to be made to comply with the law or they won't do it. My gut feeling is to file the complaint.

If you have a good trail of evidence, they'd be foolish to go to due process against you. It sounds like the problems are well known. It would be expensive for you to prepare and execute a due process case, but on the other hand, it would be very expensive for them too, and attract publicity, and I think you'd have a good shot at winning (which would be embarrassing for them).

Do you have a copy of the book From Emotions to Advocacy? Seems to me that and the wrightslaw website are still the best resources on process. I think you are at the point where a consultation with a special ed lawyer is a good idea. If your state has a Legal Rights Service for people with disabilities, you may be able to get one provided for free, since the history is so egregious. We had free advocacy in this way for a while.

If there has ever (say past 10 years) been a successful lawsuit against this district, you could try to hire the lawyer who won against them before. A letter from that person will be recognized and powerful. Some special ed lawyers also offer a free initial consultation; you might be able to seek advice from someone who knows the local scene without a huge investment.

Reliving those days of my past... I'm so sorry you are going through this. You will get through it, and afterward you will be proud that you solved your problems, in whatever way you found possible.

DeeDee

Just came from a meeting with Spec Ed teacher and SW to discuss lack of appropriate modifications, accommodations and differentiation by the classroom teacher. I brought examples of work DD did while para was out which seemed to really make my point, especially when combined with the reading the test aloud and specific examples of failure to modify work in the classroom. They plan to work with her to improve the situation. They feel that this teacher is the best option for second grade. She has a pleasant demeanor and a gentle speaking voice, so best for not triggering DD's anxiety from that perspective. We made clear that the substance below the demeanor is really our concern. We'll see what happens - if it doesn't improve then Dept of Ed complaint looks more likely. At least I know from their reaction that the documentation I have will likely be effective if we have to move forward. Will keep you posted...

By the way former DSS told our consultant that the district "never" goes to Due Process. I have found only 1 case online and that was dismissed because the parents initially agreed to what they were filing the grievance about. Consultant has talked to new DSS about the importance of teacher placement for next year. If we are again told "principal prerogative" we are likely to take action. Luckily DD's migraine cycle seems to be over. Last week was not pretty.

Pemb, you're doing all the steps right; I am totally on board with trying other solutions first. I think your pace of handling things is very good, giving them every chance to fix things, but not letting them continue on the bad path forever.

Hang in there,
DeeDee

You just never know how things are going to work out...

Last night a friend of a friend hosted a holiday cookie party. It was very relaxing being in a room full of people who didn't know anything about DD's rather unusual situation. She had a lot of fun and I enjoyed feeling "normal", having "normal" conversations about movies, vacation plans, etc. As the night was winding down, though, I found out that the mom I was sitting next to was an advocate. An advocate for gifted kids. The only advocate in our state who specializes in gifted and 2E kids. What are the odds?

We chatted briefly and exchanged information. I think the next leg of our journey may be starting - I just don't know what direction it might take. I will, of course, keep you posted.

Well, THAT's good karma. I hope things take a turn for the awesome.

DeeDee

Wow Pemberley - how wonderful! Sending you lots of good wishes that this person will be able to be a HUGE help!

polarbear

FYI: We just filed our Dept of Ed complaint. Tomorrow is the one year anniversary of the IEP meeting where things started to deteriorate. (Actually the meeting was fine - it was the follow up where things went wrong.) I tried all last week to make one last ditch effort to meet with the superintendent to address our concerns before we file. She could not give me an appointment before tomorrow so our decision was made. The complaint had to be filed today in order to take that meeting into account.

Tomorrow morning we meet with the superintendent. Tomorrow afternoon we meet with a special ed attorney. Next week I meet with a NYC attorney to see what the process would be to allow DD to attend the 2E school there. The same day DD's psych is doing a classroom observation to help determine if it is reasonable to consider keeping her in a public school classroom (in our home district or elsewhere) or if we HAVE to seek OOD placement. All of this is beyond what the gifted advocate can help with. Heck it feels like more than I can help with...

So while it is all exhausting and overwhelming I honestly feel that we will have left no stone unturned and whatever we end up doing it will be the result of a well thought out plan. I will keep you posted...

Good luck! I've been following your story a lot .... I hope things work out well! Your DD certainly deserves it!

Good luck! Keep us posted!

Pemberley, you're a great parent. Hang in there!

DeeDee

I'll be watching for updates. Good luck!

I've been following your story with great interest - I hope that your DD is finally able to find an acceptable placement.

I'm rooting for you in this ordeal.

I just want to wish you luck, and to say that you should check your agreement with your advocate regarding billing, because you should not be liable for expenses that you didn't authorize, and if the school engaged them in order to correct a mistake on their end, the advocate should have made it clear to them that they would be billed for that, or at the very least checked with you before performing any billable activities (and ensure they know to do that in future).

Geez, good luck, Pemberley, with what has turned into a true marathon.

One wonderful thing you've done is that your daughter sees that YOU care. She can see that you trust and respect her. Good luck finding a place she deserves.

BTW, what is an "OOD placement"? I googled OOD and the first result was: "The Ood are a fictional alien species with telepathic abilities from the long-running science fiction series Doctor Who...." Which may seem to fit with some of your strange experiences, and it would be pretty cool if your daughter was in a situation with teachers who were telepathic, but I am guessing that's not what you meant!

I'm thinking Out Of District?

LOL. Thanks Laurel I really needed that! I don't get to laugh out loud much these days...

Yes OOD means Out of District.

Shucks! The telepathic aliens sounded pretty intriguing.

So, I'm envisioning you in a meeting, and you are referring to report #754, and someone looks up and asks, "Dr. Who? And what does this have to do with the OOD discussion?"

All jokes aside, sincere good wishes to your family.

I think we ALL loved the alien thought! ... don't we all feel like we and our kids don't always belong on this planet? lol

I've often wondered if my child isn't a Time Lord, actually...

FYI Heard back from our Dept of Ed complaint. The Director of Pupil Personnel Services was able to totally get the district off the hook. This is why parents who approach things like these complaints, Due Process or mediation without an attorney lose 90%+ of the time.

Through justification, partial truths and outright untruths the conclusion was that there was not enough documentation to require any corrective action. You all have been through this with us but they successfully argued that the hat issue was not raised, that the nurse never failed to follow medication orders, that upon learning that color charts exacerbated DD's anxiety they were immediately removed, etc. Needless to say I am disappointed and discouraged. Also any minimal strands of trust I may have had for this DPPS to do the right thing by DD has gone right out the window. We have an IEP meeting scheduled for next week to continue the discussion of Assistive Technology. Yeah I expect that to go well...

Had a first thought of: wow bummer

then: well at least you know what sort you are dealing with

then: they now need to match what they said to the the Dept of Ed

and finally: They better be extra careful, because even without the dept of ed finding in your favor, anti-retaliation rules should be kicking in and anything untoward could be very high risk for them

With this type of complaint there is only a document review - no hearing or appeal. We had been warned that they have very limited effectiveness and it has to be a very, very clear and specific violation in order to have any effect. (i.e. Your child is supposed to receive speech therapy twice a week but the speech therapist has been on medical leave so he hasn't received therapy for the past 6 weeks.) We therefore didn't expect much in the way of accountability as a result of the complaint. The manner in which the DPPS responded was very telling though.

The biggest lesson that we learned is to file a complaint *immediately* upon discovering a violation if you are interested in accountability. We gave the district enough time to meander through partial solutions. The total effect remains bad for DD but each individual problem had enough of a band-aid solution that the state did not see a need for corrective action.

I'm sorry it didn't work out the way you hoped.

I hope that Zen Scanner is right and they will now see the need to match what they do in the future to what they claimed to the state that they had already done.

This actually reminds me of a speeding ticket that my father contested. The policeman pulled out behind him, and my father drove for a fair distance trying to find a safe place to stop. He not only got a speeding ticket, he got a ticket for trying to "elude" the police. (I have told him that if it ever happens again, he needs to turn on his hazard lights while looking for a safe place so the policeman will know that he has been seen.) He went to court and explained his position, complete with a map showing where the officer pulled out and that there was not a safe place to stop for 3/4 of a mile or something. The officer claimed to have pulled out of a driveway in a different place on the map. The judge threw out the "eluding" ticket but made Dad pay the speeding ticket. Dad was completely mystified about where the policeman said he had been, so he went back and drove the route again. There is no driveway along that whole stretch of road. But so sorry, no appeal, should have been prepared with pictures of the whole route, pay your fine and shut up, old man.

Well DH just came up with a hypothesis. He thinks the district actually got a good scare and now has no doubt that we will follow through on taking actions. He pointed out that DD's situation in school is significantly improved since the day we filed the complaint. She is consistently receiving para support and her enrichment breaks, she is being tested orally and is no longer expected to work to the point of failure before requesting assistance. I was thinking that they managed to manipulate the system and get away without penalty. He pointed out that actually they were forced to take their own corrective action before responding to the complaint. So maybe the 60 day time period for the state to make a decision is actually intended to give the district the opportunity to correct any problems that are raised so the state doesn't have to take action to do it for them.

I don't know if this is the case but at least it's a plausible explanation that makes me feel a bit better. Or maybe I'm just clutching at straws ...

I think your DH's hypothesis is plausible. And frankly, if the correction doesn't stick now that the case is "resolved," I'd expect that you can get the Dept of Ed on the phone; they know about you now. (We had to do this at one point, and boy did things get fixed after that.)

Right now, the least stressful option for you is probably a kind of quiet watchfulness. Give them a chance (again, I know) to do the right thing; but also continue to keep good records.

How is your DD doing now that she's getting the supports in the IEP?

DeeDee