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

So, the Principal has stated that I am not to communicate with any of my DS's teachers ever. I am to email him and him only if I have any questions or concerns. This was in response to my discovering that DS was not given his scribing accommodations in his special areas class and I emailed the the teacher cc'ing principal and very politely said I would like to be provided with all of DS's work for the class.


Furthermore, the whole offer of vision therapy turned out to be a trap. We discussed Ds's vision condition and vision needs back in September during our first IEP meeting. Thereafter, assistant Special Ed director got a doctor chosen by the school district (because the school district has used him in the past to provide vision therapy to students for another student needing vision therapy) approved by the school board to evaluate whether DS was in need of vision therapy. Dr. evaluated DS on November 6, 2012 and found that DS needs vision therapy and recommended at least twenty sessions. Dr. sent a report to the school district recommending that DS receive twenty sessions of vision therapy. The Special Ed Assistant Dir then got school board approval to pay for the sessions for DS. So, the district choose the doctor; the school board approved an evaluation by the doctor of DS specifically to see if he needs vision therapy; then, the doctor, chosen by the district, informed the district that DS does indeed need vision therapy; and, the district obtained approval from the school board to provide the therapy and pay the doctor to provide the therapy.

The result of all of this? We were presented with a "Settlement Agreement and Waiver" that we have to sign in order for DS to get the therapy. The agreement is clearly designed to deprive us and our son of all of the every right provided to us by IDEA, federal, and state law for any claims from the beginning of time, known or unknown, etc., etc., in order for DS to receive the services the school district determined he needs! I could understand if the agreement asked us to perhaps waive holding the district responsible for the quality of the therapy provided by the Dr. in exchange for the therapy. That seems like it would be a reasonable request. But to ask us to waive all of the rights provided to us by IDEA, federal, and state law from the "beginning of time" in order for DS to receive the services the school district determined he needs seems not only preposterous but rather unethical. I want to why this is not simply part of the IEP and I want to know their position in writing b/c verbally they give me the run-around and change the subject and walk away (I consulted a colleague lawyer who specializes in Special Ed law and that is what he wanted me to get from them since it is unclear why they are doing it this way.) I have sent two requests for this info. They refuse to send it and simply say "we'll revise the agreement and discuss it at next IEP meeting." I want to be prepared at the meeting. I am tired of getting hit with stuff that I need to go research and consult with people about and then we need yet another meeting. I think I have a right to know this information.

They are stonewalling me left and right. I think I am going to have to pay a lawyer but the cheapest one I have found so far is my colleague at $250 an hour. There is a lady who comes highly recommended but she is $400 an hour. This is veritable nightmare.

OP - Random thought - are they reading here and getting their backs up even more? It's happened before. I believe a child was in fact summarily asked to leave a school after the school staff read an unhappy post here and took offense (it was not a terrible critical discussion either).

My advice - time for a lawyer or a bulldog of an advocate.

I have a friend who was totally banned from her child's school - not allowed in the building, could not call, could not email. She sold her house and moved to another district where they confirmed everything she had been saying about her son's disabilities. Turned out he had an auditory processing disorder and the first school would not even test him. They were very good at getting rid of "problem parents" by doing exactly this.

I think you will either need to "go legal" to get his needs met here or change schools. I would NOT even consider signing a form like that without input from an attorney specializing in special ed!

Oh, I'm so sorry to hear about this! What a nightmare!

Some states have a free Legal Rights Service that helps people with disabilities. They may be able to provide you cheap or free legal help.

You might also put in a phone call to your state's department of education.

Don't sign anything without some kind of professional advice.

DeeDee

I have no idea... But I really have no where else to go. I do not have any indication that they are reading here. But everything I say here I have said to them. I do not know.

I'm very sorry you're having this trouble. Unfortunately I don't have any advice either, except that it does sound like you need a lawyer. I don't understand legally how they can put you in this position (let alone ethically). If you have records of what you've said to them (sorry I can't remember what you've said about that) of course hang onto them/ back them up. Also just a side thought--if it does turn out this is illegal I wonder if some group like the ACLU might be willing to help. I wouldn't have thought of them even a few years ago and don't know if they deal with disability/educational stuff but they have seemed to branch out in recent years and they seem to be good advocates when they do get involved. Best of luck.

Well, it's obviously up to you how you handle this, but personally? I'd change schools. I'm no get down in the trenches gal or a martyr. DS9's last school was INCREDIBLY nice and sweet and said all the right things, but I couldn't get them to actually DO the things DS needed, so we switched schools. I can't be bothered with a fight, I need my son to be in the proper environment as quickly as possible, and changing schools was the only way I saw to make that happen. Thankfully we got into the charter school and didn't have to go broke on private!

Can you negotiate a fixed fee arrangement with the lawyer?

I'm not a fan of hourly billing.

Sorry--my previous post notwithstanding, I really second epoh--if they're acting like this, you and your kid would probably be much better off if you can just switch schools. But it is frustrating if schools are allowed to 'get away' with driving people off like this rather than doing what they are *supposed* to do. But you shouldn't have to be the one to make the sacrifice of fighting unless it is the best thing for you and your family. So sorry you're having to deal with this, and best of luck again.