Skip to main content

Mediation/Due Process Support

Submitted by an LD OnLine user on

In two hours we are attending Mediation in an attempt to resolve IEP issues. My 13 yo daughter is dx with PDD-NOS, receptive language, dysgraphia, dyscalculia, executive dysfunction and ADHD. I am taking her with me.

This board has offered me tremendous support, guidance and information over the years. I have attempted to help those I could along the way and I have prayed for many of us on our journeys through advocacy. Today, I am looking for positive support, karma, prayers, blessings, what have you, to help us be successful today.

If anyone is interested in the lessons learned from mediation please let me know and I will post a recap of this meeting.

Sincerely, Sam’s Mom

Submitted by Anonymous on Tue, 10/19/2004 - 7:23 PM

Permalink

just read your post! Hope it all went well…I’m sure some could benefit from hearing about why you required mediation, and what the resolution was…

Submitted by Anonymous on Wed, 10/20/2004 - 2:42 AM

Permalink

Why we requested Mediaton/Due Process…where to start…Sam is in 8th grade, regular middle school. IEP states receives Assistive Technology (AT), Occupational Therapy (OT), Speech/Language Therapy (SLP), spec. ed. co-taught math (2 yrs). There are goals and objectives for SLP and requisite learning behaviors. Also has a one-on-one instructional assistant (IA) in all classes, at least that’s what the spec. ed. funding package request states, but she’s only getting help in two classes (Lang. and Sci.) all of this was suppose to start at the beginning of this school year and was pre-approved but didn’t start until ~2 weeks into the year. There are no IEP goals, objectives, length of service, reason for service, etc.

Receptive language auditory integration scores on her CELF-3 were in the 2 and 16%tiles. The Ayers and ETCH indicate dysgraphia with 2nd grade writing speed however her she doesn’t have a fine motor disability therefore no goals and objectives. NEPSY diagnosed Executive Dyfunction with Attention/ Executive Functioning 16%ile, Visual-Spatial 37%ile, Language 37%ile, and Memory 27%ile. Math problem solving 37%ile. Anxiety (CDI, RCMAS, Roberts Apperception, CBCL) - clinically significant +90%ile.

Evaluated by our doctor, and diagnosed with Pervasive Developmental Disorder-Not Otherwise Specified (PDD-NOS), an autism spectrum disorder, dysgraphia, and ADHD. The school refused to evaluate her and recommended we do it after they retrieved a suicide note from her in social studies class (the same day she was suppose to serve detention for failing to turn in homework, an IEP goal and was served with notice of a second detention for failing to turn in an interim report, another IEP goal. They rejected the diagnoses and evals, didn’t even write down what diagnoses they were reject.

Her IQ is based on a WISC-III which was done in ‘99 or 3rd grade negating present levels of performance (PLEP). But she is high functioning. Her IEP states that she is supposed to be in Advanced Lang. class because she reads exceptionally well and her comprehension is excellent via WJ. However, they have her in Standard class.

So basically, we cited denial of FAPE, LRE, failure to allow parents to materially participate (not including parents written disagreement/request/concerns at meeting in records) over 100 violations alone and amending IEP reports after the meeting without us present (yes we have proof), non-compliance with IEP, failure to provide an OT eval requested x5 yrs (‘99-‘03) it happen in 2003. Failure to provide OT services and another eval in ‘04 per IEP to determine if typing (AT services) are beneficial but she writes faster than she types. Failure to adequately evaluate dysgraphia, dyscalculia, PDD-NOS and of course lack of services for the above. Denial of Home/Hospital teaching, Spec. Ed. services and ESY even though she missed a month of school in 1 quarter. Destruction of discipline records, falsified attendance records for an entire school year. Lastly, we have to include transition services by the end of this school year as she’ll be 14.

I am one of those “details” people who has kept every piece of school work she has ever done, to include every note, letter, phone call, email, voicemail, and visit recorded. I submitt a written statement of parents concerns prior to each IEP meeting and followup with my own meeting minutes and disagreements with the IEP reports. Yes, I’m buried in paperwork but it’s been worth the effort. I have a 178 page cross referenced document of why Sam needs an IEP, issues, according to whom, date noted, date IEP notified … it’s on CD/DVD and includes video of Sam displaying every “disability” since she was 2 yo set to the music of daddy’s little girl.

My son also has an IEP and I have the same info on him. We go to Due Process within the next 30 days. Different diagnosis/causes same issues. He’s in spec. ed. math but it’s not on his IEP and he has no Math diability, go figure. IQ/achievement test from 1st grade he’s in 6th.

Regards,
Sam’s Mom

Submitted by Helen on Wed, 10/20/2004 - 3:48 AM

Permalink

Sounds like you are very well prepared. If it looks like the school can not provide what your child needs do you have an outside placement that you think would work?

Back to Top