Is District inaction legal? (long)

Submitted by an LD OnLine user on

This is a major vent and a plea for advice. It’s a long one but I feel the background info is critical to evaluating the ultimate question.

My 10 yr old daughter has been attending a special LD school for the last 3 years. She will be transitioning to our public middle school (6th grade) in the fall. I contacted our District Student Services dept last October to see what I needed to do to get her set up with an IEP for the first time. They gave me a multi-page referral form that I had to fill out part and her current teachers had to fill out part and then return to the District. The District received this “referral” no later than November 1, 2003. I heard NOTHING back from the District prior to the Christmas holiday break so, on Jan 5th, I called the psychologist that would be handling our case. Several phone calls and emails over that week got absolutely NO response. None, nada, nothing.

Finally, on or about Jan 12th, the psych finally called me. Didn’t have my daughter’s paperwork in front of her (seems that she was aware of the referral but had not taken the time to read it). She asked me a few questions then asked me to send copies of the initial psych eval (done when daughter was 6 1/2 yrs) and copies of any standardized testing from her current school.

The documents were sent within the week. I let a resonable amount of time go by waiting for her to follow-up. On Feb 2 and Feb 3, I left voicemails for the psychologist asking for next steps/follow-up. No response. I then sent an email on Feb 5th asking for follow-up. No response.

I was furious at that point but took a deep breath and, on Feb 10, composed a letter to the Director of Student Services for our District (the psychologist’s boss), referring my daughter for evaluation for special education services and specifying I receive an assessment plan within 15 days (making no reference to previous dealings with the psychologist). The letter was sent via U.S. Mail - signature required. The letter was signed for on Feb 11. My calculations said they had until March 3rd to respond.

Our District subsequently was closed the week of Feb 16th for Winter Break. On Mon, Feb 23rd, I finally get a call from the psych saying she was sorry it took so long to get back to me but that they had been closed for the holiday (I thought to myself “what about the two weeks before that!?” but played along with her). She very pleasantly, said that she would be sending me an assessment plan in the mail and that I should sign and return it and that would get the ball rolling on the testing they would need to do. Great!, I thought. Finally!

Well, I guess I should have asked her in which CENTURY she would be mailing the document, because, as of today - March 4, I STILL HAVEN’T RECEIVED IT!

So, my question to you all is - Does the District get an “extra” week because of the Winter Break closure? Even though technically they’ve had my daughter’s referral since November of last year? Am I being bulldozed here? Should I threaten legal action? I know you all will have some good advice.

Thanks in advance - Sabra

Submitted by Anonymous on Thu, 03/04/2004 - 6:48 PM

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I don’t have the answers to your questions, but you can assume this is an indication of things to come when your child goes there next year. Constant chaos, excuses, negligence and foot dragging.

Submitted by Anonymous on Thu, 03/04/2004 - 11:05 PM

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Sabra, I can understand your frustration….really. However, getty angry (at this point anyway) and threats will not look pretty on you, and i don’t think this is how you would like the first impression of yourself to be with this school. My school dist. has a spl. edn. svcs. divn., does yours? if so, i would deal with them instead of the general dir. of student svcs.

I would set up a face-to-face meeting to discuss what needs to be done evaluation wise, and set a timetable. My son (now a freshman) was placed in spl. edn. at the end of 4th grade. It took my dist. 5 months from the initial request, to our 1st IEP meeting. The testing from various people was the bulk of the time.

I hate to say this, but this is only your first battle….more will come :(. Now you have learned the next time you have to sign something don’t wait for the mail, drive over there and sign it that day. Focus on getting what your daughter needs instead of wasting your energy on anger. I know that’s hard! I’ve been there, they (the staff) shut down, don’t listen, and form an opinion of you that you won’t like.

This forum helped me alot a couple years ago, and i’m sure they will help you also! Hang in there and keep us posted.

Sudiequ

Submitted by Anonymous on Thu, 03/04/2004 - 11:16 PM

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My take on this is that you initiated this too early. November is too soon to start transition meetings, etc. for the 2004-2005 school year. I’ll tell you why. She isn’t going to be there until then. You want to do this process in the spring, finalize May or so. You will have the most up to the minute data available on her performance in 5th grade. The school personnel are dealing with situations that are in front of them NOW, and believe me they are NOT overstaffed.

I agree that a face to face is a good idea. Make it with the director of special ed. Bring all the data you have, current grades, etc. Explain that you want to work with them for a smooth transition for your daughter. Ask him/her what the timeline should look like.

I would agree that your child should be ready to go so she is placed in classes when the placements are done in about June, so the assessments should happen April/May with a meeting in May (assuming school ends in early June). That is when we turn our attention to NEXT year, not before March.

Submitted by Anonymous on Thu, 03/04/2004 - 11:55 PM

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Anitya,
Thanks for the insight. I understand what you are saying I just wish that the psychologist had been the one to provide that information. It would have saved me a lot of aggravation.

Believe me, I have been nothing but pleasant in my messages to the psychologist. I repeatedly asked her to name a date/time for us to speak at her convenience. She just flat out hasn’t returned my messages.

Oh well, I knew it was a good idea to post here before I did anything else!

Thanks

Submitted by Anonymous on Fri, 03/05/2004 - 12:48 PM

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Is the public school district paying for this private placement? If so, then they should be assessing your child all along(if last assessment was at age 7yrs, she may not even qualify now I have to tell you things do change over the years). If you have been paying for the placement, then START with a “how do you do meeting” with the director of special ed. introducing your child’s case, and asking them how to initiate the referral to special ed. in a timely manner. If you can talk to other parents who have kids in middle school( receiving services) ahead of time that will make you a more knowledgeable consumer.

Submitted by Andy on Fri, 03/05/2004 - 2:59 PM

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I think one of the main things you need to do is keep your cool, stay composed and do not let them get off with pissing you off and then claiming you are a pain in the neck parent.

Documentation is critical. If you haven’t started keeping a log, do so immediately. Back date if necesary and track all calls, letters, conversations in the hall etc…

Then, stop the phone calls and make all contact be in writing. Send all your letters via certified mail, directly to your target individual. Request all responses be in writing.

Do not answer your home phone without screening calls. Inform your family to do the same. If the district persons call you back after you send a certified letter, send another certified letter, again requesting they respect your request to respond to all inquiries in writing. :o

If you want, and I would consider this, outline the timeline in a letter, include all pertinant info and ELIMINATE all anger and emotion. Show how long it has taken in a neat and orderly manner and request a response regarding the districts’ apparent failure to reply in a timely manner (or so it appears). :?

It is soooooooooooo critical that you keep the emotions out of it. Beleive me, those of us who have been down the road hated hearing this from those ahead of us, or worse, from those who don’t understand how damn frustrating this can be. :evil: Howver, this is most critical, so the district administrators will have a hard time pinning the tag of difficult parent on you. :twisted:

If you get a large 3 ring binder 4” or so, and use the monthly separators to help keep things organized. Just add paper as you keep your notes, and include all letters and responses as they get sent/recieived.

Basically, what this will help you do is as follows.

1. You will be putting the district on written notice that you are documenting and tracking them. You do not need to tell them this, the request for all contact to be in writing and the extra effort of the certified mail will serve notice for this.

2. You will have started building a documented history of the district’s actions and failures to act, and if filing a complaint or going thru due process becomes necessary, you will not be left flailing your arms and making broad brush accusations of district actions, you will have a documented history.

Anyway, if at all possible, I’d like to convince you to maintain your sense of humor, and “try” not to let this eat you alive. Trust me it can and will if you let it! :(

Do your best not to argue about this subject or b*tch about it in front of your child. Do not let it consume all your family and personal time, because it is a very slippery slope and quite easy to do. :shock:

Take breaks, don’t worry, it will all be there when you get back. Go for walks, take yoga, go to the gym do what ever it is you can that helps you keep some form of balance in your life. :roll:

I guess it is fair to validate your anger and frustration now. Yes, it sure does get irritating, but it is crucial that you look at the bigger picture, remember your initial objective and what you are trying to do for your daughter. Getting lost with the smoke and mirrors and falling for bait and switch will get you off balance and out of focus. Do not fall for this.

It is entirely possible that the district people are simply inept and not intentionally trying to upset you, so help them to be more effective and be pleasant and persistant, and forever vigilant. :wink:

Best regards.

Andy

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