Re: Re: IEP MEETING- it gets deeper- LISA

[Guest guest]

Hi -

Thanks for all of there great advice..... at the end of my note you will

read of yet another thing..... a possible non-compliance issue on the end of

the School.

I did e-mail Robin.... and will try to call her tomorrow. I have found many

of the sites that you mentioned.... I actually printed out the entire

Rules and Regs of the PA State Board of Education. I can't wait to ask them

to SHOW me where it says that Indiv. therapy is not possible.

I read through the entire thing.... and found a statement that reads as

follows:

" Students may receive more than one type of support as appropriate and as

outlined in the IEP. and in accordance with this chapter. Special education

supports and services may be delivered in the regular classroom setting AND

OTHER SETTINGS as determined by the IEP team " . They then go on to

describe various supports.... speech language support is one of them.

Hmmm.... how could they feel that taking my Child out of the Class for 1:1

ST would mean that he is no longer in a " least restrictive

environment " ..... The PA Rules state otherwise!

I also found a section entitled " Least Restrictive Environment

Requirements " ....... this reads as follows:

Students with disabilities shall be educated in the least restrictive

environment. Each School shall ensure that:

1. To the maximum extent appropriate, and as provided in the IEP, the

Student with a disability is educated with non-disabled peers.

The School seems to be using the " Least Restrictive Environment Wording "

as a way of justifying inappropriate education...... (bottom line- they

want to avoid cost)..... BUT- this attitude will deprive my child of his

rights to an appropriate education!

I have read that Congress used the phrase " maximum extent appropriate " to

prevent the Schools from abusing the " LRE " requirement. Congress created

the LRE to protect children..... not to throw them in the deep end with no

swimming lessons!

I will go as far as I need to with this..... I must be my Son's voice until

he is able to find his own! Remember what I said about how what I do now

may be hard.... but the thought of making things better for others gives me

added strength! My hubby is leery of Media contact..... I say.... bring it

on!

Here is the possible non compliance issue.... My Son's Eval Report was

mailed on Jan 2. I received a notice in the mail on Jan. 23rd. this notice

said that my child's IEP Meeting was scheduled for Jan. 26th. As I read

further, I noticed that there was another set of Parents (not us) on this form.

I called the Special Ed. Contact and told her that I had received paperwork

for another child. She was very nice, but also was in a hurry to schedule

our meeting... to remain in compliance. She told me to check the box that

" the time is not good for me " and to return the form to her. I refused to

do this..... this was not my child's form-- my child had never received a

form.... so why should I say that another child's IEP meeting time was not

good for me? She then gave me a date for our Meeting. By the way-- someone

did show up at my house for that other child's meeting. I got the mail

yesterday- and in it was a second notice of the IEP Meeting...... it had the

correct date and place of what I was told would be OUR IEP Meeting..... yet,

it still had the other child's parents listed on it. The form also said

that the date was changed..... I cant sign this form...... it still has the

wrong parents on it..... it says that I changed the date..... I did

not..... how could I have changed a date for a meeting that I never had? The

form

states that they are excusing the school PT and OT from the meeting..... I

can agree or disagree with this. What surprises me, is that there is no

mention of a School SLP coming to this Meeting. I feel that since my Son's

largest defecit is in Speech, a SLP should be present. I managed to contact

my EI Coordinator today (Sunday).... and she feels that the entire Meeting

should be rescheduled.... because the School made 2 mistakes..... and that

there is no time for me to respond to their notice. I told my EI person

that this would place the School out of compliance..... and I do not want to

be blamed for that!

OH-- the joys of these IEP Meetings! I am hoping that things will go

well..... but I am well prepared if they do not!

hugs, and many thanks to you

[Guest guest]

Robin-

I will call you after 7:30 pm if that is ok.... my daughter has dance class

until 7:30. Thanks so much!

>

> Hi !

>

> I woke Cheryl out of a sleep to get the following answers. I had tried to

call her a few other times but she's such a busy lady! (here's info on who our

award winning advocate VP of Cherab Cheryl is again

http://www.cherab.org/about/cheryl.html )

>

> OK read her what is going on from this message and your last one best I could

typed really fast.

>

> I have the quotes below from you with her responses (again best I can

remember) Some answers overlap as she was talking about one when I was going on

to another and I didn't want to ask her to repeat as I knew I woke her up.

>

> - My EI Coordinator has told me repeatedly that " they will not offer indiv.

> Therapy " . She told me that the PA Department of Education operates on an

> " Educational Model " , not a " Medical Model " .... and that the " Educational

Model "

> supports only Group therapy in the Classroom setting.

>

> First of all the least restrictive environment means what is best for the

child. And if the child has severe apraxia then the least restrictive

environment would be one on one therapy. And if they do Prompt or any kind of

oral motor for apraxia there is so much repetition involved. Even a group of

two is too large if the child's speech is unintelligible. We are not talking

about medical therapy we are talking about communication needs that will help

the child advance in the classroom. Those communication needs may be

augmentative communication as well as oral motor or Prompt therapy etc. The

child needs the therapists undivided attention if that is what is appropriate

for that child.

>

>

> - The Special Ed PK does NOT offer Indiv. Therapy.

>

> Wow Wow Wow. You may have to go to due process and court to get what you

need. You'll need expert testimony to support that your child will need

individual therapy and appropriate placement to ensure he receives a quality

education. Because the fact he has unintelligible speech will affect his

educational outcome. They call it an IEP because it's supposed to be individual

to that child's needs.

> A lot of times when the case manager gives a blanket statement like you

received the case manager doesn't want to do the extra legwork involved in

assuring the child has individual therapy. You have to go before an

administrative law judge and let the law judge decide. Because for them to

outright refuse is not right. That's why it's called an individual plan. If

they are saying that they do not offer any individual therapy they need to put

that in writing and state why and have it signed and dated. This needs to be

part of a paper trail and this mom needs to start building a paper trail.

>

> Do you have an education law center that handles special education law issues?

Do you have a Statewide Parent Advocacy Network for your area? There also

should be special education attorneys that can help you.

>

> - I researched the above statement- and found out that the State of PA changed

> to this " Educational Model " about 2 years ago. Prior to this change, all

> children were sent to the Special Ed. Classrooms, and the DID have indiv

therapy

> in the Classroom Setting if needed.

>

> Special education is a series of services not a placement. (sorry this one I

missed a bunch in the middle as I was still typing from the last one) For

example snack time they would teach the sign " more " to teach him how to say he

wants more to eat. Did you get it in writing that they changed. Do they have a

white paper on this, a policy on it? Or it is hearsay? It has to be signed by

whomever is in charge of the speech therapists. You need this signed and dated

if the state of PA is stating that they will no longer provide any more one on

one speech therapy in any situation. Even though it is the local school that

decides what is appropriate for that child's IEP together with the parent they

are operating under the Federal laws for that child that he is entitled to a

free and appropriate public education in the least restrictive environment.

>

> -We finally were able to visit the Special Ed. Classroom yesterday... The

> Teacher was not permitted to speak to us.... therefore, none of my questions

> about it were answered. My EI Coordinator met us there-- she told me that I

must

> ask all of these questions during the IEP Meeting. How the HE%# am I supposed

> to decide if this is an appropriate setting for my child if simple questions

can

> not be answered PRIOR to the IEP Meeting?

> - What is the student to teacher ratio? (there were only 5 kids in the class

> that day- but my EI Coordinator said there are more. There was one teacher

> present and 2 aides.

> -What are the Credentials of the Teacher, the Speech Therapist? What training

do

> the aides receive?

> -I asked for a " handbook " describing the " Typical Day " in the Class, Class

> Policies, etc.... they did not have one.

>

> All these things you are asking you'll have to put in writing because it

sounds like you will be going to due process. It's unbelievable what they are

doing to this parent. Make sure you bring your tape recorder with you. You

need a special ed attorney because they are not going to give in from what they

sound like. I really hope she is writing all this down and sending them a note

keeping everyone up to date on what has been said to her and discussed and

saying " I hope we are on the same page " You need to build a file, a paper

trail, on how you are trying to fight for you child. I hope she already has a

paper trail. Does she have a paper trail? (I said I didn't know) She NEEDS a

paper trail.

>

> My Son was previously evaluated by the School PT, OT, ST and met Criteria for

> Services in all 3 areas. Therefore, I DO KNOW that he will be attending this

> School for the Largest amount of days that they offer..... which is 4 days per

> week, 2.5 hours each day. What bothers me, is the concept that " there is no

> indiv ST in the School " . I am new to all of this...... I used to be angry at

> the School- I now realize that the School is following the Guidelines set by

the

> PA Dept. Of Education. This means that I will be " fighting against " an even

> larger entity during my upcoming IEP meeting ! UGGGGGGH.

>

> Well you'll have to file a complaint. Did you get the special education

booklet on parental rights? They should be able to get that book which will

tell her how to file a complaint. But she needs to have a paper trail. It's

about 20 pages long and every state should have one.

>

> Who gave the diagnosis of apraxia? What type of testing was done? That's

important. You want copies of all the testing and the word " apraxia " better be

in the evaluations if that is the diagnosis. She needs to make sure it was

motor planning testing and not just articulation tests. It's a different ball

game now and they have different tests for apraxia.

>

>

> Last advice is building a paper trail on all the avenues you've gone down all

the evaluations her child has been down, all the conversations with dates and

times and names. (and she restated some of what is already above about the

parental rights in special education booklet to file a complaint etc.)

>

> ~~~~~~~~~~~~~~~~~I thanked the wonderful Cheryl for all of us!

>

>

>

> I found this under parent rights in special education for Pennsylvania

>

> http://www.pacyber.org/about/special-education.aspx

> http://www.pacode.com/secure/data/022/chapter14/chap14toc.html

>

>

> Shockingly very little else on parental rights...unless you were in

Pennsylvania searching on how to advocate for a gifted student that is. May

want to read from the US law

http://www2.ed.gov/parents/needs/speced/iepguide/index.html since that covers

the USA and right now PA is still part of that I am guessing. You can also

visit http://www.wrightslaw.com/ There is that chapter in The Late Talker,

and don't forget our conversation that you should be in touch with Robin Ketchum

who's family sued the PA school system for ABUSE...and WON!!! I mean talk about

special needs...didn't they learn ANYTHING after what they did to poor

???

>

> http://www.cherab.org/news/.html

>

> And 's story today!!! (since nutriiveda)

>

> http://littlemermaidmelanie.wordpress.com/about

>

> Did you talk to Robin? I'd again let them know you are in touch with the

Ketchums and again -don't forget your tape recorder and if I had a dime for each

time Cheryl said " paper trail " for everything we'd have the money for

research!!!

>

> =====

>

[Guest guest]

Hi ,

Please call me this evening as I will not be home today as I am

getting ready to leave the house for the day. I lived in Lancaster,

PA and had an attorney from Philadelphia but have a friend that had an

attorney from Pittsburgh

who also won an education case similar to 's.

Thanks,

Robin

On Jan 31, 2010, at 11:17 PM, wrote:

> Hi -

> Thanks for all of there great advice..... at the end of my note you

> will

> read of yet another thing..... a possible non-compliance issue on

> the end of

> the School.

> I did e-mail Robin.... and will try to call her tomorrow. I have

> found many

> of the sites that you mentioned.... I actually printed out the entire

> Rules and Regs of the PA State Board of Education. I can't wait to

> ask them

> to SHOW me where it says that Indiv. therapy is not possible.

>

> I read through the entire thing.... and found a statement that reads

> as

> follows:

>

> " Students may receive more than one type of support as appropriate

> and as

> outlined in the IEP. and in accordance with this chapter. Special

> education

> supports and services may be delivered in the regular classroom

> setting AND

> OTHER SETTINGS as determined by the IEP team " . They then go on to

> describe various supports.... speech language support is one of them.

>

> Hmmm.... how could they feel that taking my Child out of the Class

> for 1:1

> ST would mean that he is no longer in a " least restrictive

> environment " ..... The PA Rules state otherwise!

>

> I also found a section entitled " Least Restrictive Environment

> Requirements " ....... this reads as follows:

>

> Students with disabilities shall be educated in the least restrictive

> environment. Each School shall ensure that:

> 1. To the maximum extent appropriate, and as provided in the IEP, the

> Student with a disability is educated with non-disabled peers.

>

> The School seems to be using the " Least Restrictive Environment

> Wording "

> as a way of justifying inappropriate education...... (bottom line-

> they

> want to avoid cost)..... BUT- this attitude will deprive my child of

> his

> rights to an appropriate education!

>

> I have read that Congress used the phrase " maximum extent

> appropriate " to

> prevent the Schools from abusing the " LRE " requirement. Congress

> created

> the LRE to protect children..... not to throw them in the deep end

> with no

> swimming lessons!

>

> I will go as far as I need to with this..... I must be my Son's

> voice until

> he is able to find his own! Remember what I said about how what I do

> now

> may be hard.... but the thought of making things better for others

> gives me

> added strength! My hubby is leery of Media contact..... I say....

> bring it

> on!

>

> Here is the possible non compliance issue.... My Son's Eval Report was

> mailed on Jan 2. I received a notice in the mail on Jan. 23rd. this

> notice

> said that my child's IEP Meeting was scheduled for Jan. 26th. As I

> read

> further, I noticed that there was another set of Parents (not us) on

> this form.

> I called the Special Ed. Contact and told her that I had received

> paperwork

> for another child. She was very nice, but also was in a hurry to

> schedule

> our meeting... to remain in compliance. She told me to check the box

> that

> " the time is not good for me " and to return the form to her. I

> refused to

> do this..... this was not my child's form-- my child had never

> received a

> form.... so why should I say that another child's IEP meeting time

> was not

> good for me? She then gave me a date for our Meeting. By the way--

> someone

> did show up at my house for that other child's meeting. I got the mail

> yesterday- and in it was a second notice of the IEP Meeting...... it

> had the

> correct date and place of what I was told would be OUR IEP

> Meeting..... yet,

> it still had the other child's parents listed on it. The form also

> said

> that the date was changed..... I cant sign this form...... it still

> has the

> wrong parents on it..... it says that I changed the date..... I did

> not..... how could I have changed a date for a meeting that I never

> had? The form

> states that they are excusing the school PT and OT from the

> meeting..... I

> can agree or disagree with this. What surprises me, is that there is

> no

> mention of a School SLP coming to this Meeting. I feel that since my

> Son's

> largest defecit is in Speech, a SLP should be present. I managed to

> contact

> my EI Coordinator today (Sunday).... and she feels that the entire

> Meeting

> should be rescheduled.... because the School made 2 mistakes.....

> and that

> there is no time for me to respond to their notice. I told my EI

> person

> that this would place the School out of compliance..... and I do not

> want to

> be blamed for that!

>

> OH-- the joys of these IEP Meetings! I am hoping that things will go

> well..... but I am well prepared if they do not!

>

> hugs, and many thanks to you

>

>

>

>