school district Attorney PWN with-o no EXPLANATION RE: KNOWLEDGE or SPECIAL EXPERTISE of Child

Discussion in 'Special Ed 101' started by TheOnlyMe, Feb 1, 2009.

  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Hey Ya'll Sorry I have NOT been around in awhile but I have been
    walking around like the prime character in the movie Carrie" most of
    the time~ LOL My son was hospitalized for a medication wash then sent how
    Still COOCOO for Cocoa PUFFS! (no offensive intended just our lil joke
    between the two of us)!

    AnyWAY I been getting and giving a lot of edumacation to a certain
    districts, and whew!!!!!!!!!! The therapist who has been referring
    patients to me for almost a years checks on me finds about me winning
    the OCR complaint against my school district for age and disability discrimination,
    well the next step is "mediation" and sends me three referrals in two
    days!.

    Much more to tell but I need some ol heads advice (JK)!

    OK WILL TRY TO KEEP IT CONCISE AND TO THE POINT.

    1. The mother requested records prior to the Annual ARD, the school district stated
    to her couldn't give them to her until day after ARD because DIAG is the
    sole person who keeper of them, come to find out P&P from DISTRICT online
    states PRINCIPAL IS the give the responsibility.

    2. She shows up for annual ARD and 20 ppl are their which were not on
    the PWN when she signed it.

    3. She tells them since they did provide her adequate time to prepare
    for meaningful participation, she wants to reconvene the ARD, she got 20
    faces with lips on the floor.

    4. Here comes the old pressure and intimidation tactics: "We have to do
    it by the 18th it is the law, you need to waive your right for five
    written notice so we can get it done, she comes out, calls me I say NO,
    waiving right unless it is in your favor. If they can't do on the tenth
    day the we want the 27th @ 3pm. So Mom finds out there is not a "date
    law", it just says should be "annually". Also when the Diag called the mom
    the next day to try to schedule the ARD with her waiving her rights she
    told her "how dare you lie to me in front of 20 people I don't know about
    a law that does not exist!" The Diag attempts to read her the procedural
    safeguards and then quotes to her the publication order number to order more procedural safeguards.

    ("Oh Yea back up history in October, she had signed PWN, for ARD and
    has paper trail of attempting to set it up, had an emergency the morning
    of ARD(she has 5 kids!) she calls school has an em(ail rescheduling the
    ARD, prior to the time stated in the deliberation, as the to ARD starting
    WITHOUT HER!) from I find out my mentor (with 24 yrs exp) that school district does "on site management" when they have the principal's as the chair of the team. So I write and invite the Executive Director to all ARD's, the next thing we know we are getting a PWN with Speech Therapist, Central Office, School Dis Attorneys.

    First of all, Diag schedule it on a day we have already said (in
    writing) is not mutually agreeable time!

    Second of all I would like to know per 300.321 (6) "At the discretion of
    the parent or the agency, other individuals who have KNOWLEDGE or
    SPECIAL EXPERTISE REGARDING THE CHILD, INCLUDING RELATED SERVICES, PERSONNEL AS APPROPRIATE. There are no names on PWN just titles.


    Do WE HAVE THE RIGHT TO QUESTION THE KNOWLEDGE or SPECIAL EXPERTISE REGARDING THE CHILD, INCLUDING RELATED SERVICES, PERSONNEL AS APPROPRIATENESS of the Attorney at the ARD?

    Also this district is under the assumption, they only have to try three
    times to get a mutually agreeable time and then they can go ahead an ARD WITH OUT the parent, even though she is corresponding through email to THEM!
     
  2. Sheila

    Sheila Moderator

    Hi -- I have to run out and will re-read your thread later.

    But, you can question the school district attorney's knowledge of a difficult child, but that will not keep him/her out of the meeting. Sorry. (But often an attorney is brought in for intimidation purposes. Attorney MAY NOT take the lead in the meeting. Take your recorder -- might need to file for intimidation, harrassment, etc.)
     
  3. Sheila

    Sheila Moderator

    Congrats of the OCR win!:D

    They don't have to put names on the Invitation, just titles. But ALL titles should be on the Invitation. I've seen reg classroom teachers in IEP meetings that do not know the student. You can question their "...knowledge of the child." I typically do not choose to make this a battle because most school district educators follow the lead of the Chair anyway.

    "Three" is not a magic number. lol
     
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