Has anyone here ever sued their school district. Details please . . .

[Anonymous]

I don't know about FCPS but I heard the MCPS attorneys are brutal and many cases are lost. Can you get some statistics about how these cases turn out in FCPS? Since they are suits the outcomes should be public right?

[Anonymous]

Anonymous wrote:My advocate has encouraged me to sue fcps for refusing to test my child and not providing him with services/programs. I trust my advocate, but am unsure of taking on the school. Has anyone been through this? I would sue out of principal so what they've done to my child and how disrespectful they've been to my family won't happen to anyone else. Several other parents have had similar experiences at my school so I worry if I don't take action, their illegal actions will continue and children won't be served.

I'd appreciate any information, tips, links, advice, etc. you could share.

What school is this? Perhaps there are other parents who would join you.

[Anonymous]

Anonymous wrote:Best of luck to you, OP. I'm so burnt out with our family's school educational dramas, so burnt out...losing the motivation to fight for my kids. I keep thinking, if jobs are so difficult to come by these days, is there any excuse for hiring and keeping on so much mediocrity?

I so relate. OP, I am an attorney but not a special needs expert. I've had three SN kids go through the system. Advocates, IMHO, have been worthless and often don't know what they are talking about. Once you start a legal action, all help for your kid and communication from the school system will stop and you will be involved in litigation for years. It will be stressful for you and for your family and child. And it will be very expensive. If you have not yet done it, the much better approach is to call the FCPS Compliance Officer. It is her job to make sure each FCPS is "in compliance" with the IDEA and ADA. I had to do it once and immediately everyone in FCPS fell into line. WE had a very civil meeting, brought in our shrink, testers, tutor, the school's IEP people and DC's teachers. I laid out the problems politely and presented evidence. The shrink, testers and tutors each spoke. The IEP was revised on the spot. All the teachers now understood better what the IEP was supposed to do and what they needed to do for DC. In our school we had a hostile SN head who felt it was her job to make sure kids did not get the benefits they deserved. To this day I don't know if that was her mandate or not - but she clearly felt she was a gatekeeper and her role was to keep kids out of the SN programs and fought all IEPs. I did raise it with the principal but he said "I know there's a problem; make an appointment with my secretary". To me, that was his way of saying he wasn't interested in changing her role. He never called me to get my views (and we were friendly).

You do have to advocate for your child in FCPS. You do neet to be assertive. But you don't need to hire an attorney. If you haven't called the Compliance Officer, do so Monday. Then read up witih WRightslaw and other IEP online services and books so you know your rights.

Please stop and think this through before involving a lawyer.

[Anonymous]

Argh! Just wrote the above and saw that this is a bumped thread. Oh well, maybe someone else will find it useful.

[Anonymous]

Anonymous wrote:I don't know about FCPS but I heard the MCPS attorneys are brutal and many cases are lost. Can you get some statistics about how these cases turn out in FCPS? Since they are suits the outcomes should be public right?

Many cases are lost by whom? I've taken a look at the MSDE website, where all the due process hearing outcomes for the state are provided since 2009 (along with judges' rulings with identifying info removed), and most often, MCPS wins. If that's what you meant, then great, but just wanted to clarify.

But I have a feeling this is a self-selecting sample, because my impression is that if MCPS thinks you and your lawyers have a case, they will just give you what you want at CIEP to avoid a due process hearing. So they only let it go as far as the judge when they think they can win. I think the number of families who get what they want using a lawyer BEFORE it winds up in due process is probably much higher.

[Anonymous]

I would really like to hear about similar experiences in arlington. We are just starting the process .

[Anonymous]

Yes, sorry PP. I meant to say that MCPS wins an incredible % of the cases and your point about them settling before it gets to court when they think they will lose is a good one.

Anonymous wrote:

Anonymous wrote:I don't know about FCPS but I heard the MCPS attorneys are brutal and many cases are lost. Can you get some statistics about how these cases turn out in FCPS? Since they are suits the outcomes should be public right?

Many cases are lost by whom? I've taken a look at the MSDE website, where all the due process hearing outcomes for the state are provided since 2009 (along with judges' rulings with identifying info removed), and most often, MCPS wins. If that's what you meant, then great, but just wanted to clarify.

But I have a feeling this is a self-selecting sample, because my impression is that if MCPS thinks you and your lawyers have a case, they will just give you what you want at CIEP to avoid a due process hearing. So they only let it go as far as the judge when they think they can win. I think the number of families who get what they want using a lawyer BEFORE it winds up in due process is probably much higher.

[Anonymous]

Anonymous wrote:I would really like to hear about similar experiences in arlington. We are just starting the process .

Which "process"? Going for the initial IEP or considering suing? You are in FCPS, no? I'm the attorney in FCPS above who recommends exhausting your options within the County setting (call the Compliance Officer, et.c) before resorting to hiring an attorney. Just IMHO.

[Anonymous]

No, I am in Arlington, not Faifax. We are getting huge pushback from the school, despite the teachers telling us DD failing assessment tests and issues clearly noted on her report card that are Classic symptoms of a learning disability. She had almost all B and a N in work habits. SChocolate wants to wait until she is clearly below grade level before testing further. It is crystal clear that they don't want to spend any more resources on testing and potential IEP. They complain about her performance, but waffle when there is an opportunity to do anything.

[Anonymous]

School, not chocolate!

[Anonymous]

But your mind is on chocholate as a stress reliever! haha! What grade level are you in?

[Anonymous]

Anonymous wrote:No, I am in Arlington, not Faifax. We are getting huge pushback from the school, despite the teachers telling us DD failing assessment tests and issues clearly noted on her report card that are Classic symptoms of a learning disability. She had almost all B and a N in work habits. SChocolate wants to wait until she is clearly below grade level before testing further. It is crystal clear that they don't want to spend any more resources on testing and potential IEP. They complain about her performance, but waffle when there is an opportunity to do anything.

If the school declines your request for testing, I suggest you invoke your right to an Independent Educational Evaluation. Like you, the school was willing to let our DS fail before doing anything. We ended up paying out of pocket for assessments which documented the LDs and impact. With DS #2, we were, again, going down that same path. That time, I sent an email stating that if they were not going to do their own testing, we would pursue an IEE and request reimbursement from the school system. It was actually a lot easier than I thought it would be and I wish I hadn't wasted so much energy wringing my hands. Wrights Law has a lot of info about it.

[Anonymous]

Put in writing that you want an evaluation. It is incorrect that the schools only take action once the child has failed at enough classes. If the school doesn't set up the testing, go above your school and contact, in writing, special ed supervisory staff. Do not take no for an answer.

Advocates do not have to be lawyers. There are many who know the school system and special ed. I would not survive without my advocate.