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Kids With Special Needs and Disabilities
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[quote=Anonymous]I have found resolution and compliance to be unhelpful, when I have reached out as a parent. However, in one instance our school was doing something so illegal that when the IEP meeting was about to close, I asked that each team member state clearly for the record what their decision was and their reasoning. I then explained that the team was basing its decision on the wrong legal standard, and we (student and family members) disagreed with the decision and would retain counsel to consider our "due process" options. Apparently after that meeting the school team reached out to RACU, and RACU said "get them back to the table and fix this." It took another month but we did have a second meeting and school reversed their wrong determination. In 2 other instances I have written factual letters to the associate superintendent for special education. Both letters factually and unemotionally laid out ways in which the school was "out of compliance", steps we had taken to give the school an opportunity to "come back into compliance" (unsuccessfully), and closed by asking the superintendent to "provide the necessary resources and professional education to bring the school back into compliance, so that we do not have to utilize our due process options." In both instances the school staff who had been recalcitrant were quickly directed to comply. In one instance, I emailed the letter at 11 pm at night, and the staffer emailed me the next day by 8 am offering to do what she had refused to do. Writing a letter to the Assoc Super of SpEd is a coded way of putting the school on notice that a lawsuit or complaint is about to be filed (even if you don't really intend to follow through). By laying out the facts, pointing out the law and regs being broken, and giving the ultimately responsible authority notice and an opportunity to correct, you are actually laying an excellent legal foundation for your case - the system knows they are breaking the law, and they often don't bother to dispute your facts. Both of these play in your favor if/when you file a complaint or get to court. The Assoc Super has the professional knowledge to recognize the potential liability. the professional self-motivation to avoid hurting their career and the bureaucratic power to make fix things. [/quote]
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