S.O.S. Need advice from A Soft Place to Land

Discussion in 'Special Ed 101' started by TheOnlyMe, Aug 14, 2009.

  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    I need help with school district's illegally denying transportation services to my son as a "related service" outside of an ARD.

    My son has been approved for an inter-district transfer due to safety issues of harassment and administration not providing a safe haven at school. His transfer has been approved by the Asst. District Superintendent but she has refused to provide transportation and stated the Executive Director of Sp Ed would also deny the request. I responded in writing with the law which stated this was an ARD Committee decision which the law qualifies as a related service on a case by case need.

    So I received a certified letter yesterday from the Assistant Supt. who informed me of this illegal decision and it also stated again the district would not be providing transportation. In addition to informing me I am denied all communication with any district staff other than the Exec. Director; who will only be required to respond to me on a bi-weekly basis.

    I believe this is harassment and retaliation for the district level and TEA complaints I have filed this summer, in addition to denying my son his FAPE.

    I have made requests for certain ARD committee members to be excused from 8/21 ARD due to their previous unprofessional and unethical conduct (with pending ethics complaints). The Exective Director notified me in writing the two who I request be removed who and from old school will still be facilitating the ARD on Friday.

    We are scheduled to meet on Monday afternoon and discuss my concerns and also transition plan. I have no voice or choice with this district, I have canceled ARD's and they notify they will continue without me!

    This is a very urgent situation. My mentor is calling OCR AND TEA for feedback.
  2. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    I posted this for a client of mine, she didn't have time and is worn out, I told her we had some awesome ppl on here and who could give us some rabbits to pull out the hat if she works and does not want to cancel preARD or ARD but these two are nemesis and planted distractions for NO colaberation or progress. I can not attend cuz I have moved to Austin.
  3. nvts

    nvts Active Member

    Hey! I would recommend that you apply for an impartial hearing. Once this is done, the judge would compel them to provide the transportation.

    I would also suggest that you have her post her question to COPAA - they have an email chain mail that beats the band. Most of their members are advocates and atty's that specialize in Spec. Ed. situations and this whole email "thing" is a mass of these people advocating for children.

    Hope this helps!

  4. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    At this point, The SD has now asked her to sign another transfer form which states "Assault". I advised her not to sign it as this assault form happened between ARD's, she told them she is going to bring up the transfer in the IEP meeting. THE Exec of SS stated this is a District TRANSFER, which is their covering their buts on the transportation. So she is not going to fill out the from until it is discussed and agreed upon in the IEP forum as well as the transportation. She actually got some good advice from her TEA investigator and OCR is investigation the retaliation and harassment case.

    She is going to address the Superintendent of schools regarding the restriction of communication with a grievance per suggestion of TEA.

    She totally ignored the Administers who were allowed at the meeting and one was not in attendance due to a fender bender on the way.

    If the ARD on Friday, is not productive she is going to reconvene and call for a Facilitated ARD!

    As the wheel turns I will keep you posted..................
  5. Sheila

    Sheila Moderator

    Sorry, I've been away on vacation.

    All one can do is file known procedures. You know the regs pretty well.

    Doesn't sound like there's anything else to loose, so one other thing that I might consider is to ask OSEP and OCR to do a full investigation on the district.