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<blockquote data-quote="klmno" data-source="post: 343284" data-attributes="member: 3699"><p>I think you need to document all this- not just from this incident but any inceident where the IEP has not been followed. Then send a copy with a letter, certified mail, to the director of Special Education at the central office of the sd and make sure it is clear that you are aware that your son is legally due a FAPE and his IEP is not being followed as required by law.</p><p></p><p>Also, what I did was call our legal referral which gets you a phone consultation with an attorney for a reduced rate (mine was $35 for 1/2 hour). Then, you can have justifiable reason to add "cc: XXXX XXXXX, Esq., Special Education Attny", at the bottome of that letter. Also, copy your state office of child advocacy and protection or whatever it's called. Send copies of that letter, with the cc's listed, to the school prinbcipal, the sd superintendent, and your school board member that represents your disctrict. They won't be able to do anything but it catches a lot of people's attention and stirs stuff up because they get afraid that you are about to sue them. That is what it took to get difficult child's sd to really turn around. And they did turn around, as soon as they saw that I meant it- every IEP meeting for a year after that I was asked if I would be bringing an attny. My answer was always "no, there's no need for me to do that as long as we can get an effective IEP and know that's it's being followed." You do NOT actually want to take attny, at least in this state, because then the sd will have one at the iep meetings and it lweaves things about 1/2 inch away from due process. But, I never told the sd that I wouldn't and much to my surprise, difficult child and I both were treated with more respect instead of animosity after that letter. Oh- we did get the Special Education director of the sd at IEP meetings any time I mentioned it might be helpful. (The sd wanted her there to make sure the principal was doing what she should in that school so the sd would not get sued.)</p></blockquote><p></p>
[QUOTE="klmno, post: 343284, member: 3699"] I think you need to document all this- not just from this incident but any inceident where the IEP has not been followed. Then send a copy with a letter, certified mail, to the director of Special Education at the central office of the sd and make sure it is clear that you are aware that your son is legally due a FAPE and his IEP is not being followed as required by law. Also, what I did was call our legal referral which gets you a phone consultation with an attorney for a reduced rate (mine was $35 for 1/2 hour). Then, you can have justifiable reason to add "cc: XXXX XXXXX, Esq., Special Education Attny", at the bottome of that letter. Also, copy your state office of child advocacy and protection or whatever it's called. Send copies of that letter, with the cc's listed, to the school prinbcipal, the sd superintendent, and your school board member that represents your disctrict. They won't be able to do anything but it catches a lot of people's attention and stirs stuff up because they get afraid that you are about to sue them. That is what it took to get difficult child's sd to really turn around. And they did turn around, as soon as they saw that I meant it- every IEP meeting for a year after that I was asked if I would be bringing an attny. My answer was always "no, there's no need for me to do that as long as we can get an effective IEP and know that's it's being followed." You do NOT actually want to take attny, at least in this state, because then the sd will have one at the iep meetings and it lweaves things about 1/2 inch away from due process. But, I never told the sd that I wouldn't and much to my surprise, difficult child and I both were treated with more respect instead of animosity after that letter. Oh- we did get the Special Education director of the sd at IEP meetings any time I mentioned it might be helpful. (The sd wanted her there to make sure the principal was doing what she should in that school so the sd would not get sued.) [/QUOTE]
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