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What are my options?? Please help....

Submitted by an LD OnLine user on

Please help!
Today was parent/teacher conference day for my ninth grade son who is on an IEP for a language based learning disability. He is supposed to have access to the curriculum in a digital format so that he can use technology to help him with reading his textbook and for all homework, tests and quizzes. I have spoken to the high school to ensure that this was being done.
Well, today his social studies teacher showed me my son’s grades for the quarter (there were at least 20 of them for different assignments). He had nine A+s for various work - essays, map quizzes, etc. He also had one F, 4 Ds and 1 C on his book quizzes and chapter tests - I didn’t know about these scores at all. The one C he received was when the learning center teacher read him the test.
This is the first time that it was confirmed to me that first of all, my son requires the technology to help him access the text and secondly, that the school has failed my son by failing to comply with his IEP.
All his teachers reported that he is a great student, ALWAYS passes in him homework, quiet in class but they all like him.
What are my options at this point? The quarter ends on Friday. I believe that the grade that he receives doesn’t truly reflect what he has done this quarter but reflects the schools failure. Do I have any recourse?

Submitted by Anonymous on Wed, 11/03/2004 - 11:46 AM

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Your son requires assistive technology related services to assist him access information in the general education environment as stipulated by his IEP. The grades received do not reflect his level of learning this quarter because but reflects the school’s failure to comply/implement his IEP.

Your options at this point:
1. Ask each teacher to explain each class work grade indicating if AT was implemented in obtaining the grades. You/your son can provide that AT was utilized for homework.
2. Review the IEP and verify that AT is written in his IEP as a goal/objective versus an accommodation/modification. Schools have a tendency to view accommodations/modifications as teacher options versus student daily requisite learning requirement. Request an IEP meeting to change the IEP AT, if necessary.
3. Parents may challenge and change any information you believe is incorrect in your son’s student records, including grades. This requires writing a letter to the school, using the information obtained from the teachers regarding how course grades were obtained without AT, and requesting his grades be amended to reflect where his IEP required AT was not implemented. This should result in a meeting with the principal.
4. If the school does not willingly change his grades, i.e. student records, then contact the district IEP compliance officer. Restate your concerns, IEP AT implementation, affect on grades/student performance, and school’s failure to amend grades (student records at parent’s request).
5. If this does not result in a favorable outcome, then request to have your letter(s) and documentation of the outcomes of these meetings appended to your son’s grades at the school and district level.
6. You may file a written complaint with OCR, OSEP, State Board of Education.
7. You may request mediation and/or due process.

Yours in Advocacy,
Sam’s Mom

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