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.
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 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.
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.
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.
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.
DD is now back in a migraine cycle and her school anxiety has resurfaced.
I'm so sorry. This is dreadful.
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.
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
