Filing a complaint with VDOE?

[Anonymous]

It's a really long and complicated story I can't go into on here, but based on extensive research, speaking with multiple professionals including a special ed attorney, I believe I have a strong case for denial of FAPE for my son.
My next step is to file a complaint with VDOE. I was wondering if anyone has had experience with that or knows anyone who has whether it's typically a complete waste of time or if they actually take heed and action in some cases.

[Anonymous]

I doubt it will be worth your time and effort. Perhaps consider a move to another community would make more sense in the short and long term. I also hate to see the rapport that will not exist between you and the school division for all the years of schooling ahead. You may win the battle, but lose the war.

[Anonymous]

OP here. 17:28, my son is actually 18, however your point is still important because even if he'll be in the system another year, two at the most, it could create a tense environment for him (and for me). Moving to another county isn't an option for financial reasons, so we're kind of stuck for now .Homeschooling is not an option in his case either for many reasons. If this were just a little grievance, or even a medium one, and wasn't having a serious and long-term impact on his future, I wouldn't bother. But unfortunately that is not the case

[Anonymous]

Could you consult with a lawyer?

If you end up filing a complaint I will be cheering you every step of the way. It's not fair that parents are discouraged from doing so and schools are getting away with uncountable sins. Public schools are a monopoly and there is little recourse for parents.

[Anonymous]

I don't think it would be a waste of time but what do you want or expect to get out of it? You can file a complaint yourself but I would work with a professional who can help you make the case. It does not have to be a lawyer. There are advocates who have dealt with this. Make a list of your complaints and the proof you have. You have to prove your allegations. Do you have documents, emails, or recordings to prove your allegations?

What do you want as an outcome?

I think it is worthwhile just because a school system with enough complaints might get more scrutiny.

[Anonymous]

OP here. 23:09. I have consulted with a special ed attorney and she says I can certainly file a complaint. And, in fact, even a woman with VDOE who I spoke with, in a roundabout way essentially recommend I do so.

The issue at hand is failure to comply with IDEA regulations on transition planning and services. The challenge is that unfortunately this particular part of IDEA is not super clear cut. While there have been parents/families to prevail in this area there have also been many who haven't for this reason.

I've been reading myself silly on other cases, but none so far I have found in VA. In some cases far more was provided to the student than my son has received and the parent's prevailed, then there are others where the student received far less and the district prevailed. So bottom line it's a crap shoot.

23:26 Yes, I would definitely work with an attorney or advocate to file a complaint as I know there are certain ways to go about it. I definitely have a lot of documentation, including obviously IEPs which speak for themselves, emails, etc. as well as recordings of the IEP mtgs.

The whole situation from A-Z is so beyond comprehension that I do not know how the school district can sit at the IEP table and keep a straight face!

I am so spent from all of this I feel ready to wave the white flag, emotionally, financially and otherwise. But to do so will be putting my son's future at great jeopardy.

[Anonymous]

Did you sign your ieps?

if you sign an IEP without any statement of disagreement it MAY be more difficult for you to win your case. This is just my thought, not first hand knowledge.

could you link a case you've reciewed so we can study up on the specific IDEA violation?

[Anonymous]

OP - I can sense your frustration and since you indicated that your son is age 18, it is not surprising to me when I learned last weekend that FCPS do not have a separate and specialized Post High Program with services tailored to meet the needs of students age 18-22 who will not receive a regular high school diploma and who are most in need of connecting to adult services and community programs.

You still have time to help your son if you can in a realistic way look at whether your son in two years would choose to and be able to work competitively part-time or full time, find a part-time or full-time volunteer placement or participate in a center-based day program which might mean supported employment. Also looking at the cost of any support services to make one or more of these options possible, including transportation. In many cases it can be a combination of the above as well as being able to be in one's home safely for a period of time pursuing personal interests. If you are not familiar with the agency below you may want to talk to them to see if it might be a resource for later and also to get ideas on what to advocate for in the next two years of public educaiton.

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[Anonymous]

I am the one who mentioned the MOST program because I do think it could be a wonderful resource for a lot of young adults with a disability who do not get a high school diploma and just do not make the connections needed to develop a life after high school. Over the next year or two some other thoughts are:

- Employment - If your son is interested in trying to find a job or you would like to provide that opportunity for him, then contact the Department of Aging and Rehabilitative Services - DARS (formerly DRS) in your area of NOVA and ask the school counselor for your son's school to come to his next IEP meeting. Once he is age 18, you could apply to see if DARS could serve him even if he is not ready yet. If there is a waiting list due to money, then when funding comes it is from date of initial application. This is the key agency for working. ***Unless, there happens to be any smaller center-based work settings called supported employment. You might ask about those and go and see the setting and see what basic skills are neded to participate and when can one apply. Better yet, could your son go out to such a setting while in Post High years as part of one or more vocational work experiences.

Volunteer Work - If there is any way that you could provide your son with the opportunity to do some volunteer work during the summers with a paid college companion that would be one way to help him learn and practice some "soft job skills" of social skills, communication skills and behavior skills. You would also find out at least how he did in a certain environment. Think of places he might go to help that would be simple such as as area food pantry, helping out at Meals on Wheels program, doing perhaps some volunteer gardening or yard work at a senior center. You could advertise for a college student now before the semester ends at area universities ANd also say the community college.

Adult Day Programs - If even working or volunteering would only be part-time and your son could not be at home for a few hours, you might find out about day activity programs in your area. Or if he is not ready or choosing to work when school ends, it does help to look at program offerings ahead of time. You will be able to find out the participant to staff ratio, the population served in terms of disabilities, age range, mobility issues etc. Also, ask specifically what criteria would make a young adult not able to participate in the program. Finding out expectations ahead of time will also give you concrete goals to be worked on over the next two years in Post High.

I assume you realize that no adult services are free so also find out the cost of any program in your area including transportation, general cost of hiring an aide if you need to etc. For a college student, you can probably hire one for about $12 - 15 an hour. I would apply for any Medicaid Waiver your son might qualify for if you have not done so. Also remember the SSI during these years of Post High is $8,800 a year and you may want to save the money you no longer need to spend for this young adult for future budget needs of your family, including coming adult supports or services. Getting information ahead of time on specific options in your area will help you develop concrete goals for your son's IEP in the next year or two.

[Anonymous]

I don't have experience with filing a complaint but we were close. We mentioned at an IEP meeting that we would be doing so because we felt the school team's denial of services/support was so egregious. The school team called another meeting 2 weeks later and gave us what we were asking. I'm sorry you're in the position you're in.

[Anonymous]

OP here. Thanks SO much 8:08 for writing all of the info, it is very helpful! 20:12, I'm glad you ended up getting what you needed. It's a shame that we have to threaten to file complaints to get the services/support our kids are entitled to.

[Anonymous]

OP - I'm back to say that you are intelligent and you just have to remember that you have a very short window of time to assist your son in learning skills which will help him to do have choices as public education ends and to be able to follow through on those choices. I mentioned the specific program and adult services to give you the information to then be able to work with an advocate or other appropriate person to write specific goals. A group called PEATC also does workshops on Transition and should have some materials to help you.

At home you might also think about how you can continue to work on developing strength in personal care skills, daily living skills and "soft skills" one might use in a paid or volunteer work experience. Even such simple things as having your son learn to answer the phone correctly and take complete messages. Making sure he has skills with some sort of a phone for safety reasons as to note when a bus or other ride came or did not come to go to a certain point, to let you now he got home, to answer the phone if at home alone when you call etc. His ability to be at home alone safely for an extended period of time will be key to maintaining your independence and lifestyle, too.

It is never easy as I just got word from our daughter's wonderful volunteer job coach that she is doing great where she works once a week, but the little cafe (operated by a non-profit) is closing in a couple of months so now back to the drawing boards. It has been a nice balance to a rather intense part-time job three days a week in a college dining room area. One thing about supporting a young adult with a disability is that things are always subject to change so do be flexible.

[Anonymous]

Anonymous wrote:OP here. 23:09. I have consulted with a special ed attorney and she says I can certainly file a complaint. And, in fact, even a woman with VDOE who I spoke with, in a roundabout way essentially recommend I do so.

The issue at hand is failure to comply with IDEA regulations on transition planning and services. The challenge is that unfortunately this particular part of IDEA is not super clear cut. While there have been parents/families to prevail in this area there have also been many who haven't for this reason.

I've been reading myself silly on other cases, but none so far I have found in VA. In some cases far more was provided to the student than my son has received and the parent's prevailed, then there are others where the student received far less and the district prevailed. So bottom line it's a crap shoot.

23:26 Yes, I would definitely work with an attorney or advocate to file a complaint as I know there are certain ways to go about it. I definitely have a lot of documentation, including obviously IEPs which speak for themselves, emails, etc. as well as recordings of the IEP mtgs.

The whole situation from A-Z is so beyond comprehension that I do not know how the school district can sit at the IEP table and keep a straight face!

I am so spent from all of this I feel ready to wave the white flag, emotionally, financially and otherwise. But to do so will be putting my son's future at great jeopardy.

Not to be harsh, OP, but anyone can file a complaint about anything. I think the real question is what is best for your DS. You say you have only one year of high school left, right? Even if you litigate, you won't be done by the time he graduates. It will costs you tens of thousands of dollars, which could be put to better use with tutoring or other supports. Every time I've seen parents "lawyer up" against FCPS it has been a disasterours and creates more stress in the family than it is worth. Have you exhausted your appeal rights? Have you called the County's compliance officer? It is that officer's job to make sure that the schools are in compliance with the ADA and IDEA. And she (used to be a she - don't know if it is anymore) is FREE! If the title is no longer "Compliance officer" look for an Ombudsman for the program. When I couldn't get process out of the Fairfax office a call to the state education agency (VDOE) usually got the ball rolling. They really don't want you to sue. Yes, they don't want to supply services but they also really don't want another suit on their docket if they can resolve your issue through other channels.

[Anonymous]

Yes, I also agree OP that you need to focus on what makes the most sense in helping your son continue to move forward to meet the goals that you and he have set as attainable. Once he is out of school as I have indicated, you will more than anything become "Case Manager In Chief" and it is very important for you to not be at your wits end emotionally or financially because this will really be the time in the process of transition when the parent does not want to make the son or daughter, especially if they are aware enough, to feel like a burden. A PITA at times is fine because we all have our moments, but a lifelong burden due to your burnout is not fair.

In many respects your best source of information on what may be out there in services and options for your son is to network and learn what parents of young adults with a similar profile of abilities and needs for support and perhaps specific disability have found to work best. Perhaps going through disability specific groups can put you in touch or if you are on good terms with a teacher of PH age students, perhaps you could draft a short blurb on the kinds of things you would like to chat about and be pointed in a certain direction on. There is a Transition Center at George Washington University now that looks like it might have some resources.

We are ten years in on this adventure, and I just learned while our daughter is doing very well on her volunteer job one day a week which is a nice balance to her part-time paid job that the site is likely to have to close in a couple of months due to slow business. So now back to the search again. For me the most frustrating part is the lack of funding to help make housing opportunities with peers with support available. But I know that being in a smaller, more self contained geographic area that we have a lot going for us than NOVA seems to offer.