What would be the next step?

MallardDucky

I am about to bring a complaint against the school district for not following IDEA's rules for IEP procedures.

They broke at least 3 laws in regards to my son. They did not retain his IEP when he moved into the school district. By law they are supposed to keep it in place and then start their own testing. I know they do not have to accept testing that is not their own, but they did not start any at all. They did not accept my writing for testing, until the principle made them last month, with that I did not receive a assessment plan within 15 days to sign. I did receive a paper to fill out about his birth, when he smiled and things like that a day before break which was the day after his new school asked for his transcripts. I was also not given an option for private testing, but we did have it done through our own.

Side note we have pulled him out of this school and moved him back to the old school. I have already had the meeting with the sped team and his IEP will be placed as soon as school starts since he has to come in with the 504 from this school. Signing the day they return.

I am not sure what all I need to do because I want to make sure other kids are not being pushed aside, like my son was. Any links, groups, or experience you can share.

Also I did not fully understand the laws until recently and by this site

MallardDucky

Posting from phone so bare with me. We are moving him to a different district where his original IEP started.

When we moved him from the above district to the one we had/have issues with they faxed a copy of the IEP and I also hand carried a copy along with testing. I know from info you have posted and looking up what IDEA says that they should have retained the current IEP until they did testing of their own. (I didn't learn this till recently) I was told right then and there that he didn't qualify without even looking at the IEP. They made up a 504 that day and had me sign it.

They next day I tried to submit in writing a letter for evaluation for special eduction but was told they didn't have to do any testing. A year later his principle once she learned that I was looking into moving him she pushed for his testing, this was before Halloween. I never received anything until a day before Christmas break and it was just a questionnaire a day after the new school requested his records,

During the 1.5 years he was in the school his pedi sent him for private testing. Were his DX was ADHD ( which we knew) odd which I think is not correct, PDD NOS and anxiety nos. He has issues in the classroom were he can not move on to a new task unless the current one without being done with the first. If they are drawling it has to be complete before moving on to math. If he messes up a tiny little thing he will put a big X on it and start over. If moving from the classroom to the lunch room all the chairs have to be a certain way.

He has also had some eye testing and haven't gotten the results yet but dyslexia is on the table as well as some eye tracking issues.

After the int. meeting with the Sped team at the new school they were very upset that things were not done correctly. After reviewing his transcripts we have learned that he is behind in reading, his social skills are very low (rather would play alone) and doesn't understand PE

Really I just want to make sure that the school is in compliance with the law and kids get the education that is due them. When I went to get some of my sons things on the last day so he wouldn't have to carry it all the councilor was there and belittled me saying that I was going to hurt him more by moving him, and that they were doing everything they could and they didn't have to accept any testing they didn't do. His teacher even said you haven't done any testing, I was very upset with her and his teacher pulled me away and told me that moving him were they care is the best choice. And that she wished other parents could do that.

MallardDucky

His old IEP was under other health services, the new one will be under autism. The school physiologist is very worried about him. His hand flapping and spinning is starting to become very bad.

MallardDucky

Auntie thanks for the feedback.

We are actually taking a hit to the bank by moving back to the old district (Different states). So legally moving districts can be done.

He did have services on his IEP, as well as accommodations.

As far as submitting in writing for an evaluation, All I knew was to take it to the special education director (who was at the school that day) and was told I wasn't allowed to do so. This is primary my fault because I really didn't know better at the time.

As far as the 60 day window I did not. Receive any paperwork to sign, I believe it is the assessment plan where it lines out what they are going to do. As far as the principle she knew but prob not to the extent it had gotten. But I also know that as a principle there are many things to deal with. His teacher tried to advocate for him and got nowhere.

I did take a copy of the private testing and they refused to even look at it saying they do not consider outside sources. We were not given any therapies from private testing except for counseling to help with the anxiety. We were told we had to go through the school, and this is when the principle got more involved.

I think I will just leave things alone since the new school (old really lol) on the ball and he is getting what he needs. Right now he will be getting an aid for the classroom, Counseling twice a week, we will be starting some different/new meds, testing to see what his color is. (For reading) PT, Speech, and into a reading program. There is something else but as it's 3am and I am stuck at work it's not coming to me.

The principle is trying to decide what classroom with the help of SPED team, would be the best fit for him when school resumes next month.

MallardDucky

Thank you so very much. The new school took the private evaul with joy lol.

As for meds he currently takes 20mg of adderal XR once a day. The school pysc. Is going to work with his pedi and find something that will work with both the ADHD and the anxiety (because is the OCD issues)