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Cautiously Optimistic :-)

CaptainSeriousCaptainSerious member
edited April 2014 in Adoption
For those of you who have been following my story....<br><br>

We may have "won" our court case today!  The judge denied the school district's motion for additional age testing, saying that there is no evidence that M is older, that his birth certificate should be questioned, or that he has behaved in a manner inconsistent with his age.  He also denied our motion that he order the school to honor M's birth certificate, saying that he does not have the authority to do so (as it's a special educational court, all he can rule on is whether the IEP is appropriate), but he did say that there is no reason to question the birth certificate.<br><br>

After he ruled on the motions, the district's lawyer said that the school will not move M, and will not promote him beyond the normal course for a regular student without out consent.  We will get this in writing and have it entered as a settlement by the judge, so it will have the import of a court order.  I want it to also stipulate that they will not treat M as any age other than that on his birth certificate for educational purposes or evaluations, just to cover all our bases.  If we get all that in writing, I think we will drop the rest of the case, because we are otherwise generally happy with his IEP.  We will review it this weekend and make our final determination, just to make sure.  We will also ask for attorney's fees, but since we didn't technically go through due process and win, we may not be granted any.<br><br>

We are relieved, but I heard the words "you won" from a judge in this case before, only to discover that the district still intended to push the case by treating M as an older age.  I will not truly celebrate this as a victory until we have a signed order.  And even then, I'm going to be wary for a long time.  But, if everything is as it seems, this nightmare may finally be coming to an end.
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Re: Cautiously Optimistic :-)

  • Dr.LorettaDr.Loretta member
    Oh CS, I am so, so happy for you and your family. I hope you get that wonderful piece of paper soon so you can move on with the important thing, which is helping to make M the best he can be :)
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  • [Deleted User][Deleted User] member
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  • CarolinaGirl2014CarolinaGirl2014 member
    This made me smile big time! Hope you get the security of it all in writing very soon!

    Go Momma!
    Birthmom to A, 1/8- the most beautiful thing I've ever seen.

    A Journey of a thousand miles begins with a single step. -Lao-Tzu

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  • sgb721sgb721 member
    I'm so glad the Judge see's the truth!!!
    TTC since June 2010
    5 Angels

    Lilypie - (hlC0)
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  • hansa11hansa11 member
    I have been following your story and am really happy you finally prevailed (even if you're still in the cautiously optimistic stage). 
    Son #1 - September '09
    Son #2 - October '11
    Son #3 - Hoping to adopt from China some time in 2014!

    Our adoption journey: Talkin' 'Bout the Next Generation
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  • JoyfulJulyJoyfulJuly member
    I have not been following this story but my jaw hit the floor reading that this was even an issue brought to court! I'm very happy for you.
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