FBA not in writing.

[Shari]

I have asked the lady that did the FBA to put her verbal report in writing 3 times now and she is flatly refusing to do so. (her written report is a joke).

Hm....I wonder what this is all about? NOt sure whether to press on for it in writing, or forget it, but make a very large note for the file that her observations WERE NOT with Wee's regular schedule.

 

[AnnieO]

Can you get her refusal in writing at least?

 

[whatamess]

School personnel do NOT have to share their personal notes on a child. If they share the actual written notes with anyone, then you would have access to them. She has a 'right' not to share her personal notes with you.

 

[Shari]

Not asking for notes...asking for her report. Verbally, she said all this would be in the report. There is very little in the written report, and she is saying, she gave a verbal report, and that is good enough.

Gonna be kinda hard to write a BIP with a LAWYER based on...NOTHING.

 

[Shari]

And I gotta say, I'm about to scream with all this. THe report stinks. But her verbal report was good. Basically she just said the same things we've been asking for for years. The SpEd teacher is doing it, but if its not in writing, it doesn't exist, to the attorney. What a waste of time and money.

 

[LittleDudesMom]

Perhaps you should put in writing her verbal report in the way of an email (cc everyone/or certified letter) basically saying, "I am still waiting for the formal written FBA so that it can become part of Wee's file. The team will require a comprehensive written FBA in order to write the BIP. In the meantime, I've outlined below your verbal responses:"

The school district will have their own FBA form that I would think they would want her to use. You may want to add "should you need the X's school FBA form, please contact the chair of Wee's IEP team, XYZ."

Sharon

 

[Josie]

What about sending her a written summary of your understanding of the verbal report? Send it registered mail so you have proof that she got it. Ask for confirmation of your summary, maybe, or word it in a way that absence of a response means she agrees.

I've never had to deal with a school on anything like this, so I'm not sure if that would help, but it is what I would do if I needed something in writing that was said.

 

[BusynMember]

Did you file a complaint with the Dept. of Civil Rights (education dept). That has MY school doing handstands to get it right and suddenly I'm getting everything in writing. Lawyers work there and it's free. They can investigate the school districts too.

 

[Marguerite]

To summarise previous suggestions and include my own - write your own summary of the verbal report she gave, as you recall. If you took notes as she spoke to you, so much the better. Use these. Then send copies out, making it clear that this is from the verbal report to you and has not yet been confirmed by her in writing.

ALso send her a copy and ask her to confirm or refute. Yu could even add, "If I don't hear form you, I will assume you are confirming the truth of my recollections."

Put it in a friendly way though, don't make your letter seem confrontational. Give the impression that you know she is busy and has a huge workload, you are putting in writing for her, to save her form having to rush to do the job herself. You're only trying to help. But you DO need some confirmation that she did receive your message, so either send it registered mail (which I personally would not do, with this - it makes it too obvious that you intend to use this legally and she has dropped the ball) or send it via email with "verify receipt" enabled. You then should have proof (unless she chooses to not verify, and tat refusal will speak volumes) that she has received your email. If she then fails to respond, then you make it clear that she failed to respond to a letter which indicates tat failure to respond equals confirmation of content as accurate.

Often just sending an email like this, even worded politely, can get interesting and enlightening results.

Several reasons I can see, for her behaviour:

1) she has been scared off from being involved, she now realises this is a potentially contentious issue and she will make enemies whichever way she jumps.

2) she has been actually told to shut up and not give you anything you can use - she may have been told she will never be asked to do reports again, if she gives you what you want in writing and she now is trying to backpedal on what she told you.

3) she may simply be lazy and overworked, and wants to leave this and move on since she's already spent more time on it than she has been paid for.

Marg

 

[klmno]

I agree- it sounds like she's just giving you lip service, knowing that whatever is in writing is what counts. If you can get it in an email great. Howver take note- emails are sometimes not legally binding. They might help prove a point in an iep meeting or due process but to be legally binding, I think it has to be a signed and faxed or mailed or hand-delievered document.

 

[Shari]

Waiting on the advocates. Again. The lawyer I spoke to actually suggested we not file with OCR...he said to go DP or civil, but skip a child complaint or OCR unless we didn't feel we could win DP.

I don't know. I am so frustrated with so many things tonight...i need to step away from it for tonight.