I spent the day at my son's school yesterday and it is clear that they don't
provide 90% of his IEP. I went to the resource room and asked to see his
file. The resource room teacher said "what file?" and I said " the one where
you keep the data on his goals!" She stared at me and said "P. is not in
toady (she is a resource-room teacher who calls in sick a lot) and only
she has keyes to the locker where we keep all the file for security." Then
she left the room and I saw her talking to the principal in the hallway.
It is pretty clear to me that they are not working on any of his goals and
the pure concept of 'data' seemed new to them. I will assume that there
are not bold enough to spent the weekend making up data and I will be
back Monday morning to ask P. to see the file.
Can they refuse for me to see them? What are my legal rights regarding
access to paperwork on him? Can I make copys of them if they have
them?
No, they can't.
In Washington State, You must request in writing to the district to see your sons file and get copies. You can however, go in person and request to see his file at the school, which they are suppose to show you but you can't make copies, and they don't have to provide copies for 72 hours. (Copies may cost you as well).
You have the right to see every piece of written data related to your child. The best course of action is to request, in writing, a complete copy of your childs file.
I do not know about whether they can just give you the original to look at by yourself. What if you removed or altered something? Or simply mixed up the papers and made a mess of it? Or spilled something on it? Not that YOU would do that but there are all kinds of folks out there and I can understand why they might be hesitant to just hand over original documents. However, they are required to provide you with a copy upon request. I do believe though that if there is a cost associated with making the copies that you would have to cover it.
Written request, and make sure you ask for all records, Resource and mainstreamed. Keep a copy for your self and date it. Yes they can charge you a fee for the copy paper, but it should not be very much. It might take a few days to get them. I hand delivered my papers and handed them to the Principal personally. I was afraid they would say they did not receive them.
Go to www.wrightslaw.com and search FERPA. You have the right to see the files and also to get copies (tho the District can charge up to 25 cents a page -- they cannot charge for staff time). You can get around this by saying, in writing, that you cannot afford it or you can bring a digital camera or portable scanner and get your copies that way). You have the right to ANY written material on your child that is MAINTAINED by the District and that is NEVER shared with anyone (in other words, person memory-jogging notes that the teacher NEVER has typed up or shares with ANYONE else are exempt, but these are few and far between). All other written material and tapes of your child MUST be shown to you. DId you put the records request in writing? Do that. Update: well there was really no need to ask them to copy records
BECAUSE THERE WERE NONE. They admitted right too my face that they
had not worked on any goals nor did they know his goals and they had
not even one piece of paper to show to me for the two month my ds has
been there. Let's just say the resource room and the principal and I had a
little talk. I spent the afternoon feeling like I was going to have a stroke.
I am not sure what to do as this district is just so dysfunctional, there is
no way to turn. They do not even care enough to try and cover up that
they do nothing. Of course I could and should sue. But it is more likely
that I will move out of the district. They win.Oh, that just makes me sick and so angry. I am so sorry. STATE COMPLAINT. Does he have an autism consultant in place? Call another CSE and ask for weekly or monthy or some regular interval of progress reporting. THey HAVE to report on IEP goal progress at least every report card period --- in writing. I'd get the Special Education department involved. The Principal is not actually responsible for seeing that the goals are met, the DISTRICT is and the Sped Head is the one who needs to see that this is done. Since you are in NY, make certain that your son gets an autism consultant, perferably from the outside, put in place. If I were you, I'd contact an advocate.PS -- I would summarize your meeting, in writing, and send this letter to the Principal, the CSe Chair and the Superintendent. Ask them to respond, in writing, to why your son's goals have not been addressed at all. Start making a paper trail.
I'm confused, if your child has an IEP you should have been provided a copy that is stamped certified from the school...they would have mailed it to you whether you attended the IEP meeting or not. I don't understand how they made you think they had an IEP in place otherwise.
Were you invited to the IEP Meeting or did they just tell you they were making an IEP for him?
I would contact the Special Ed Director for your county and let them know what is going on. Our county has a Monitor and whenever there is a complaint she investigates for the parents. I totally agree with the paper trail and every conversation you have had via phone or in person...keep a journal of it.
There is just no excuse on their part for this type of neglect. Have they not heard of the NO Child Left Behind Act...this isn't just for "normal kids" this is for ALL children.
Melissa39378.1880902778Melissa-
I switched to a different school over the summer. The IEP was from his old
school (which was closed by the district). And I talked to the resource
room 2 weeks into the year and asked them if all the teachers had gotten
a copy of the IEP and she said 'oops, I'll get right on it'. She did give the
teachers a copy of the accommodations. She also has him in pull-out for
45 min reading a day. And you are right - if she has the accomodations
and does reading pull-out, she should have the IEP somewhere. My
feeling is that they are just deeply disorganized and his IEP is somewhere
in their stacks but she is well aware that she is not working on 95% of his
goals.
I met with her because I volunteered in the classroom and the
accomodations with my ds are not set up and I believe that is her
responsibility. I also had the feeling she was not working on the goals
because - it showed.
So I just walked in her office without an appointment, asked to see his file
and that's how I found out the depth of their dysfunction.
So I should hire an attorney - I know. This is a very messed up district at
this point - the current superintendent just got a vote of no confidence
which will mean that they will get superintendent #12 in 9 years.The
district is on the last chance to balance books before the state takes it
over. Teachers have been on strike and schools closed . I could talk to
the director of specil ed in the district and I have before but my
experience is that they are just in huge self-protective mode. Her
energies would go to covering their butts, not making sure that my ds
would get a fape. I talked to the principal and I hope she has some energy
and decency left to give the resource room a wake-up call, but I can't
count on it. At this point moving out of district sounds like the best
option.I know all about something like this. In se he rairly met any goals until fulltime SE last year. The se coop here is on Se directer number 3 in 2 years. The school admistraters here stink also. They don't even live around here. 1 of them his 4 kids are homeschool kids. That should tell you something right here.
Oh, MICKI! I am so sorry. I am not surprised ... in fact I would not be surprised if that happened in any school.
I just got my update on T's IEP and we have distinct evidence of her progress, in daily life. Thank heavens! Communication is still not what it should be as far as I am concerned, but I also feel like she has good people working with her, who are doing their best, and that that is all I can ask.
To me k thru 3 kids needs 1 iep and 4-6 a different iep cause the level of difficulty in the work in these 2 areas. 2 me part of the thing is now our kids are expected to much to young and to fast as in the past generations before them. To me they are pushing kids tp grow up to fast these days.
Copyright Autism-PDD.net