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Special Ed 101
Sheila or Martie, or anybody else who might know..
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<blockquote data-quote="Martie" data-source="post: 100983" data-attributes="member: 284"><p>MM,</p><p></p><p>You original question was how to get something in writing included in the file. I suppose there is no SURE way, but there is a a tactic that will backfire on them if they do not do it.</p><p></p><p>Write the letter you intend and LABEL it "Further Parent Input" and specifically direct them to include it in the file for the meeting you attended. Send it CERTIFIED and RETURN RECEIPT REQUIRED and then keep the receipts you get. If you go to Due Process, or any of the agencies Sheila listed asks for proof, you can prove that the SD forwarded an incomplete file to them. This is big No-No and is withholding evidence. While not a court proceeding, these agencies are run by lawyers who expect rules to be followed.</p><p></p><p>It makes my blood boil, too, that the SD would bring an attorney when you were not represented (did they notify you that they would be represented? If not, put that in the letter, too) but that the LET THE ATT'Y RUN THE MEETING is over the top. I am so antagonistic to these tactics that I would have asked for the attorney's credentials for modifying BIPs and if there were none, I would have asked to have the meeting run by a competent party. The law specifies "highly qualified staff" that means highly qualified for the activity at hand. Do not take the above too literally, it could be the gasoline you do not want, but it still makes me very angry.</p><p></p><p>When ex-difficult child was in middle school, the SD attorney was at IEP meetings and I objected as we were unrepresented. She sat mute at the end of the table and did not communicate with staff during the meeting. The principal told me he felt she was there watching HIM to make sure he did not make a legal error because we had ME. I told him that was faulty reasoning because I am not an attorney. At that point, I was getting what MrNo needed so I let it go, but I would NOT have let her run the meeting (nor would she have tried...but in principle, an attorney does not run an IEP meeting.) </p><p></p><p>Follow Sheila's advice about contacting agencies....I am just venting but you have struggled so long with this SD and difficult child sounds as if she is doing much better, that this just ENRAGES ME that they would try to set her up!</p><p></p><p>In the OSEP commentary to IDEA, there is a section that states that while neither party is BARRED from bringing attorneys to IEP meetings, it is not preferred. Commentary is not law but it is OSEP's position.</p><p></p><p>I wish you all the best in your continued struggle as a :warrior: :warrior: </p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 100983, member: 284"] MM, You original question was how to get something in writing included in the file. I suppose there is no SURE way, but there is a a tactic that will backfire on them if they do not do it. Write the letter you intend and LABEL it "Further Parent Input" and specifically direct them to include it in the file for the meeting you attended. Send it CERTIFIED and RETURN RECEIPT REQUIRED and then keep the receipts you get. If you go to Due Process, or any of the agencies Sheila listed asks for proof, you can prove that the SD forwarded an incomplete file to them. This is big No-No and is withholding evidence. While not a court proceeding, these agencies are run by lawyers who expect rules to be followed. It makes my blood boil, too, that the SD would bring an attorney when you were not represented (did they notify you that they would be represented? If not, put that in the letter, too) but that the LET THE ATT'Y RUN THE MEETING is over the top. I am so antagonistic to these tactics that I would have asked for the attorney's credentials for modifying BIPs and if there were none, I would have asked to have the meeting run by a competent party. The law specifies "highly qualified staff" that means highly qualified for the activity at hand. Do not take the above too literally, it could be the gasoline you do not want, but it still makes me very angry. When ex-difficult child was in middle school, the SD attorney was at IEP meetings and I objected as we were unrepresented. She sat mute at the end of the table and did not communicate with staff during the meeting. The principal told me he felt she was there watching HIM to make sure he did not make a legal error because we had ME. I told him that was faulty reasoning because I am not an attorney. At that point, I was getting what MrNo needed so I let it go, but I would NOT have let her run the meeting (nor would she have tried...but in principle, an attorney does not run an IEP meeting.) Follow Sheila's advice about contacting agencies....I am just venting but you have struggled so long with this SD and difficult child sounds as if she is doing much better, that this just ENRAGES ME that they would try to set her up! In the OSEP commentary to IDEA, there is a section that states that while neither party is BARRED from bringing attorneys to IEP meetings, it is not preferred. Commentary is not law but it is OSEP's position. I wish you all the best in your continued struggle as a [img]:warrior:[/img] [img]:warrior:[/img] Martie [/QUOTE]
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