Tuesday, April 23, 2013

I Swear, People.

So a full 78 days after I wrote my initial letter to the boys' school district, which is definitely out of compliance with the guaranteed time limit outlined in the law, they finally responded via letter.

What did the letter say you ask?

It said they denied my request for testing based on a lack of school records.

I'll let that sit for a bit.

Because it is such a surprise that my boys have no school records considering that they have yet to attend any school within the district, right?

Sigh.

The note was kind enough to say that I "could attend a SST (Student Study Team) meeting next week to discuss my child's case further." Wasn't that so nice of them?

It pisses me off that I have to proove that they are entitled to services again. I already gave the district copies of their medical report signed by the pediatrician, which states their diagnosis. I already gave them their therapy reports. And yet somehow the school district feels that they can deny testing.

Are they hoping I'll go away and not push the issue? Is it a deliberate attempt to at the very least delay testing until next year? If for some reason I couldn't attend their meeting, they would most certainly do just that.

I know there are parents who don't know they can fight stupidity like this. The school district is gambling on that to get out of providing services for who knows how long.

I am just so, so angry I could spit.

All of this is totally against the law, of course. The boys automatically qualify for special ed services because of their cerebral palsy (orthopedic impairment) and hydrocephalus (other health impairment). Under the Child Find mandate, the district is required to identify and evaluate all children with disabilities.

The Wrightslaw webpage states it pretty plainly:
 
"The law about the requirement to evaluate if requested by the child’s parent is clear and unambiguous:

"A State educational agency, other State agency, or local educational agency [school district] shall conduct a full and individual initial evaluation ... either the parent of a child, or a State education agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability." 20 USC 1414(a)(1)

I want them to be evaluated because I want to ensure that they have every opportunity to be successful in school. It is their right under the law.

Things are going to get interesting around here.

4 comments:

Kitten said...

Hi! Here from ICLW.... I used to work for the Muscular Dystrophy Association, and I was appalled by how often schools either outright denied services to students with disabilities, or drug their feet for so long, the parents finally gave up. You seem like a strong, determined woman, and I wish you continued endurance as you fight for the services your boys are entitled to.

Egg Timer said...

Hello, here from ICLW and I am sorry o hear about your struggles. I hope that you manage to get the testing to get the support your sons need. All the best.

K J and the kids said...

(head shaking....drops....sigh)
I'm sorry.
It's SO EXHAUSTING just to deal with all of the therapy ONCE they are tested. You'd think this part would be the easy part.
Lots of strength !

Amber said...

This is so appalling! It is their JOB to educate your boys to the best of their ability. You go Momma! I canNOT wait to hear the rest of this story. I admire your tenacity so much.

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