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]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]

12:42 again - make sure you get their statement written into the comments section of the IEP (in FCPS, the call it the PLOP page).  Otherwise, they'll deny they ever said it or say that you've misinterpreted them.  (Yeah, I learned that after getting burned).  If it's not documented, it didn't happen.[/quote]

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