Reply to What is the craziest thing you have been told at an IEP meeting?

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Reply to "What is the craziest thing you have been told at an IEP meeting?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]To me, the most frustrating is when they refute response to intervention and only look to test scores. The 2004 IDEA permits using RTI to code a kid with SLD, and MCPS is reluctant to do so anyway.  Whatever happened to looking at the whole picture?[/quote]

For my child, looking at the scores would indicate he has a SLD because of the discrepancies but MCPS will only consider Response to Intervention.  They say they are going to monitor and document then forgot to do so.  We re-meet and the school psychologist says we have to go back to the drawing board because the school was negligent trying the interventions so there is no data to say if they work or not.

When I brought up his testing, the school psychologist told us that MCPS does not use the discrepancy model anymore and only uses RTI. [/quote]

Are you still stuck in MCPS's circle jerk on this? There's a letter from the US Department of Education that says that schools can't use RTI as a delaying tactic. Post if you need help finding that reference![/quote]

NP chiming in - I showed the US Dept. of Ed letter to our school's team in May.  They didn't bat an eye and said they have to go by the standards the Central Office dictates.  They said the letter went to the State level so it doesn't apply to them.[/quote]

OMG, it's incredible what BS the school system will pull..... Federal law pre-empts state law.  State law applies to all counties within the state.  A US DoE letter "interprets" federal law, IDEA.  When US DoE sends a letter to the states telling them how IDEA should be interpreted or what process will be consistent with IDEA, then the federal interpretation takes precedence over any state interpretation, i.e. what the feds say goes (and this applies to counties too)

In the situation above, you should really end the meeting by saying, "i'm sorry to hear that you believe that the county school system doesn't have to follow a letter sent to the state by the federal government. I will be contacting the head of the school system's special ed about your interpretation."  Then, write a letter to the head of special ed describing the ridiculous interpretation of the law and put them on notice that you will file a state complaint in X days (like less than 7) if the matter is not resolved.  Or you could file the state complaint and copy it to the head of special ed.  It doesn't require a lawyer.

As an aside, I have to say, are adults now so ignorant of basic civics that they fall for crap like this?  You hand a person a copy of a federal law or federal interpretation and they say "we don't have to follow that because we are a county."?!  WTF??   I can't believe that teachers or county staff are so ignorant to say it, but I have run into this kind of deflection so many times (well, that is the law, but we don't have to follow it....)  that I know that they ARE that ignorant about basic educational rights and the operation of the legal system.  But, parents too?  [/quote]

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