SD Won't Give Eligibility

Discussion in 'Special Ed 101' started by NoMoreTrust, Jun 25, 2008.

  1. NoMoreTrust

    NoMoreTrust New Member

    Been at this process for a long time. Once I learned we could not trust the SD, things have been easier, but still hard to fathom.

    We had to get an outside evaluation/diagnosis, as the SD REFUSED to evaluate. Once we turned in the report, they felt it was time to test. Their report not only didn't match, it was as far from it as possible (our kid is perfect). We got an IEE which matched our diagnosis. Again the SD "doesn't see it", so they ignore it again.

    The SD is the only one that won't acknowledge the diagnosis. This has gone over 1 school year.

    We keep hearing "get a lawyer". Are there any other solutions? It's crazy. The only step left is due process. I am trying to think outside the box to get a better solution/plan of attack.

    It is so bad that the SD evaluation has inconsistancies, contradictions, etc. We even had a third private professional look at the reports and he agreed with the diagnosis. It seems that the SD can do this because it can, not because it is right. And they have a new way to avoid the IEP problems - don't let kids in the system. It seems criminal that they can do this. I get an arguement of 1 vs. 2 hours of a service - that's an opinion. This is black and white.

    We have an appointment with the lawyer soon, but if I spend money, I would rather it be on my child.
  2. Andy

    Andy Active Member

    I am sorry the SD is making these poor desicions. They must have been talking to the same insurance companies that determine when someone needs medical services or not but really have no expertise in the medical needs of the patient.

    I have no experience in this but wanted to let you know that I will be rooting for you. I hope you find the way. How very frustrating to have all the proof you need only to have SD say "no".
  3. klmno

    klmno Active Member

    Try to find an advocate to attend a meeting with the higher ups with you. Also, I would go ahead and see the attny but maybe not commit to Due Process just yet. Our sd did several illegal things (re. IEP) until I mentioned seeing a Special Education attny a couple of times and started sending certified letters to the director of Special Education, the superintendent, and my locality's rep on the board of supervisors. (Make sure you cc: "Special Education attny's name" at bottom of letters) I was so afraid of retaliation - and I still think due process would lead to retaliation for difficult child- but this approach seemed to turn things around. Of course it it different at different schools, but it is an action to try if you really would prefer not to go straight to due process. Mediation might be an option- I don't know if applies in this case and it might not be very effective anyway.
  4. Sheila

    Sheila Moderator

    I understand how frustrating it is to try to work with-a school district that "doesn't see it." Why they spend all that time making excuses and fighting rather than spend the money educating the child is beyond me.

    Just in case you don't know, a diagnosis does not automatically qualify a student for an IEP. The behaviors related to the diagnosis(s) must impact academics or behavior negatively.

    I suspect your child's behavior or academics are impacted or you wouldn't be posting here.

    Unfortunately, sometimes a sd leaves a parent no choice except to obtain an attorney.
  5. Sara PA

    Sara PA New Member

    What state do you live in? Odd as it might sound, my advice would be different depending on what state you live in.
  6. NoMoreTrust

    NoMoreTrust New Member

    We are deep in the heart of Texas.

    And yes, there is educational need. The report spelled these out, with the specific school item skill #s. The report was very specific and left nothing to the imagination.
  7. Sara PA

    Sara PA New Member