Gifted Issues Discussion homepage Forums Twice Exceptional Things are getting very bad

Wow in one of the cases this was noted:

"Parent participated in meetings with District personnel, on an annual basis, and discussed accommodations for the Student, yet the Student’s file was devoid of much documentation concerning these meetings, problems or accommodations (NT Vol III at 119, 137). Parent discovered the lack of records at the end of the Student’s ninth grade year (NT Vol III at 119)."

Yes, well, we don't like writing and documenting, in this district. And if you do it, Mr. Principal will shut it down right quick.

Pemberley is spot-on. In the past 15 years our district has twice lost cases in court over special ed services (that I know of). When things were at their ugliest for us, we found the lawyer who won those cases and got her advice (which she gave pro bono in the initial consultation).

We never had to go to due process, but knowing that she had succeeded against this district in the past was very empowering. It *is* important to choose a lawyer who knows the players and the history locally, because that person will be much more able to negotiate for you.

Since then we have just used an educational advocate (not a lawyer), who negotiates in advance of IEP meetings, rendering the meetings themselves smooth and pleasant. She is worth what we pay her.

I'm glad your situation is developing... I hope the week goes well for you. Keep breathing.

DeeDee

ETA: if you can't find information on the internet, work the special ed grapevine. There should be other people around who have been through similar things, and remember what lawyers are good there.

Thanks all.... I finally found some cases and attorney names on the internet. Specifically found a woman who has won a number of OOD placement cases (and two in our district but she also won others in the surrounding district). I like the sound of her a lot. I am going to call her on Monday as well as one other firm I found. I will talk to each.

I want someone look over the VT agreement anyway, just in case. So I will pick one to help me with that and see what they think about what all transpired with this communication ban issue (even though it is supposedly resolved) and get their thoughts on that and how to combat that in the future, etc. It'll most like cost me at least a couple of hundred but probably still cheaper than having an attorney attend the iep meeting. I need to find a special ed attorney, who wins in this district and develop a relationship. The next time something like this happens I want to be able to consult an attorney that I am already comfortable with immediately, and who can jump right in if necessary... I d not want to be in this situation again. Than God for all of you! You all have provided some of the best advice ... But I gotta get myself a knowledgeable attorney! OOD is certainly in the back of my mind now. You all are wonderful though. Thank you all so much.

What search criteria did you use to finally get results?

One thing to keep in mind is that some spec ed lawyers are good at brokering deals (like the one our consultant is trying to iron out for us) and some prefer a more hard-core approach. The latter could cost you literally 10x as much as the former. Try to have an idea in your own mind what you are interested in achieving before you talk to them. I don't think you are in OOD territory yet but more in need of someone who will "keep them honest". Hopefully you will get an initial session free or for a reasonable fee and you can feel them out.

I actually started using names of hearing officers in the area as a search term and just kept playing around. Oh and I came across this site http://odr-pa.org/due-process/hearing-officer-decision/ and searched there. There is actually very little from I could find so I guess they are more prone to settle things.

Both firms advertise free consultations and they both actually have high reviews.

Good advice. I think I'll say something exactly like this to them when I consult with them. Thank you Pemberley, I know you have BTDT with a lot of this already so I appreciate your help. Our kids both seem to have very similar issues too.

The one attorney has served very recently as the Chair of the Board of Directors for the Council of Parent Attorneys and Advocates, Inc. (as well as vice char and treasurer) and is still on the board.