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Special Ed 101
And The Plot Thickens!!(Updated 12/6)
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<blockquote data-quote="Martie" data-source="post: 105019" data-attributes="member: 284"><p>Hi,</p><p></p><p>Sorry to be so late on this but as you can tell from the responses, the SD is trying to get away with all sorts of illegal tricks.</p><p></p><p>Evaluations HAVE to be conducted at least yearly at parent request UNLESS the SD goes to DP to show why they should not do this.</p><p></p><p>My guess reading the whole thread all at once is that the SD att'y got a hold of this and about had cardiac arrest, but this is TX so maybe not.</p><p></p><p>You have GOT to get tough. STAY OFF THE PHONE. You could well be headed for due Process (and I do not say this every time there is a minor blip) and nothing irritates H.O. or ALJ's more than the parent saying, "but the principal told me...." IF the principal tells you something you want to hear, DOCUMENT it by sending a memo oc conversation (CERTIFIED, of course)establishing what was said. You can say, "you said 'very brief homebound' and I did not agree to any homebound at all. I take 'very brief' to mean he will be out of homebound by 12/10/07." IF the principal does not send a memo back to you correcting what he/she meant, then your communication stands as a "fact." That is why it is SOOOO important to write these, and unless you have lots of time to write memos of conversation, it is better to communicate in writing in the first place. Do NOT leave with the IEP in YOUR hand. SD will do what you discovered: change it...if you had a copy, it would be even nervier of them to do that. If you make memos of conversation a habit, the SD will stop making wild promises on the phone because to refute yours, they must write back and say (for example) "To us, 'very brief' means until 2009." Since they don't want to have to do that, this is a good strategy because if they write back with something that is off the wall, they hang themselves; if they don't write back, they hang themselves.</p><p></p><p>My Dir of SpEd used to hate my doing this (because he lied all the time,) but we reached an agreement: we did not talk on the phone and all proposals from both sides were in writing in the first place. That makes things a lot easier. You still have IEP meetings, but it ends the "he said, she said" because you take their written "suggestions" to the meeting and they have yours.</p><p></p><p>The law includes ZERO REJECT and FAPE: The SD cannot unload your difficult child IF you fight....you will win, at least that is the theory. For sure, if you do not fight, your son will lose.</p><p></p><p>Martie :warrior:</p></blockquote><p></p>
[QUOTE="Martie, post: 105019, member: 284"] Hi, Sorry to be so late on this but as you can tell from the responses, the SD is trying to get away with all sorts of illegal tricks. Evaluations HAVE to be conducted at least yearly at parent request UNLESS the SD goes to DP to show why they should not do this. My guess reading the whole thread all at once is that the SD att'y got a hold of this and about had cardiac arrest, but this is TX so maybe not. You have GOT to get tough. STAY OFF THE PHONE. You could well be headed for due Process (and I do not say this every time there is a minor blip) and nothing irritates H.O. or ALJ's more than the parent saying, "but the principal told me...." IF the principal tells you something you want to hear, DOCUMENT it by sending a memo oc conversation (CERTIFIED, of course)establishing what was said. You can say, "you said 'very brief homebound' and I did not agree to any homebound at all. I take 'very brief' to mean he will be out of homebound by 12/10/07." IF the principal does not send a memo back to you correcting what he/she meant, then your communication stands as a "fact." That is why it is SOOOO important to write these, and unless you have lots of time to write memos of conversation, it is better to communicate in writing in the first place. Do NOT leave with the IEP in YOUR hand. SD will do what you discovered: change it...if you had a copy, it would be even nervier of them to do that. If you make memos of conversation a habit, the SD will stop making wild promises on the phone because to refute yours, they must write back and say (for example) "To us, 'very brief' means until 2009." Since they don't want to have to do that, this is a good strategy because if they write back with something that is off the wall, they hang themselves; if they don't write back, they hang themselves. My Dir of SpEd used to hate my doing this (because he lied all the time,) but we reached an agreement: we did not talk on the phone and all proposals from both sides were in writing in the first place. That makes things a lot easier. You still have IEP meetings, but it ends the "he said, she said" because you take their written "suggestions" to the meeting and they have yours. The law includes ZERO REJECT and FAPE: The SD cannot unload your difficult child IF you fight....you will win, at least that is the theory. For sure, if you do not fight, your son will lose. Martie [img]:warrior:[/img] [/QUOTE]
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And The Plot Thickens!!(Updated 12/6)
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