IEP - Does my son Really have any rights under this Law??

Submitted by an LD OnLine user on

Well folks, I have now read the entire IDEA ACT and the notes and have really becoming flustered. I have typed up 3 pages of code violations. Most importantly : Time problems. It has been 5 months from consent & request testing to eligibilty, It has been 2 1/2 months since eligibilty and he has no IEP. The last attempt to make an IEP (60 days past eligibility) , it was a group 6 on 1 and I vehemetly disagreed to the IEP they attempted to create. The psyc, reg.ed. teacher, spec. ed. teacher and principal were in agreement with me. The related services and its “flunkie”were led by a district rep. who had never met our kid or was familiar with his type of Ld. The district rep. led the meeting and told the others they were signing that they “attended the meeting”. They refused to give me an eval. from a related service which he very badly needs or to discuss it and I said “the meetings over”. They said they would proceed without me and process his IEP with or without my consent. So I stayed, objecting to much of the provisions. They have not provided prior written notices or Procedural Safeguards, except initially at consent. They did not look at ALL areas of disability prior to eligibility. Documents and files and personal evaluations disappear ???? never to be found. When I read the case law (posted on the state education site) I lose any will to fight. It sounds to me like these federal regs. exist but are not real “enforceable”. The district gets a slap on the wrist and they promise to do better next time. The district keeps telling me ‘that’s not how we do things down here, we do it x,y,z way. We are in one of the largest districts in the country and perhaps it is “Dodge City” for ld administrators. They feel the IDEA act pertains only to the upper 49 states. My claims are so substantive, I feel they are crazy to want to mess with someone who is asking for so little–so far I have not served due process, I’m only asking for a “legal IEP” without all the b.s. phrases like “we’ll provide that service for you later- can’t write it on the IEP” or “measured by teacher objectivity 70%” or “she doesn’t need related services, the classroom teacher can do it” How does one get them to draft a decent IEP? Do I need to bring a large stick, a growly dog, a parade of experts, a team of attorneys???

Submitted by Anonymous on Sat, 05/11/2002 - 9:42 PM

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Got lots of question’s.

1. Did they do an evaluation?
If not this would be the biggest violation.They can not determine eligibility or ineligibility without doing an evaluation.
2. Do you request an evaluation,and did they deny you?
They can not deny you an evaluation unless they file due process on you,and let a administrative law judge decide whethyer or not he should be evaluated.

I would suggest you file a state complaint. It costs nothing,and most of the time,while only getting a slap on the hand,they generally decide to provide a free and appropriate public education,yes,it is incredibly unenforcable,but at another level they figure out that you know they are violating the law,and will not give up easily.

It’s just another way to beat them at their own game. Yes,I will hold you accountable,yes,I will go to another level if I have to.

Submitted by Anonymous on Sat, 05/11/2002 - 10:29 PM

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The story goes as such: I provided original evals: IQ, Achievement, and numerous processing and attention test. He is NVLD and has an ld in reading, writing and sensori-motor deficits. I got scared reading about NVLD and was in denial, so I went to a second psyc. and had another IQ and achievement done. The results concur, IQ spread V-P in access of 30 points.
We submit to school and they bumble about for months but do find him to be SLD and declare him eligible 2 1/2 months ago. He needs OT and they did NOT and will not look into that related service prior to eligibility. I got an OT eval. which confirmed the serious deficit, they won’t even look at it. I need to challenge this issue seperately and at least get him an IEP for the other services so he has something. Don’t I?

Submitted by Anonymous on Sun, 05/12/2002 - 10:48 AM

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You have the right to a response in writing. This would also be a violation of related services,they must address the need for related services for an IEP.

I would write a letter,sent registered,stating that you have requested the school address OT needs based on the OT evaluation,and you have not recieved a response,that you are requested one NOW. If no response,good documentation for yet another violation in your state complaint…

Submitted by Anonymous on Mon, 05/13/2002 - 12:07 AM

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Try writing your own terms and see if They’ll sign it. This may sound off the wall but rattling some cages might be a good idea. You should record meetings and ambush them at every turn. Remain calm but ask questions that will get an emotional reaction. Bring back up to even the odds. The supreme law of the land is the constitution of the United States. IDEA ACT like the ADA is probably useless and unenforcable legislation. It seems as though you can’t deal with them as a parent instaed it seems the only way to get results is to be a shrewd lawyer. Again document these meetings so you won’t get baffled with BS at the next one. Education law is full of hedge words that give the educators a lot of wiggle room and I think that is why it is intimidating.

Schools are really acting like Nazis. Example: Some schools have been checking to see what kind of underwear girls are wearing. So keep in mind these people are quite twisted. Rights? Who needs constitutional and human rights? Certianly not student and their parents. I’m afraid you’re fighting a losing battle. It’s obvious the school does ‘t wanna do the right thing. A support/advocacy group is needed. Kind of a PTA on steroids.

Don’t lose sight of the big picture.

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