DawnM Posted August 1, 2015 Share Posted August 1, 2015 Can they do the assessment? Or can I get this independently? Privately (and pay?) I really, really don't mind paying. I just want to be sure it will be taken with the same weight as the PS assessment. I have NO faith in our local PS and they are proving again and again that they cannot be trusted. I have already started to battle and we haven't even met with them yet! I know they want me to give up and I know I will be handing it to them, but it isn't worth putting my son through this mess. I requested an IEP 37 days ago. They said they wanted to complete this by the time school begins on Aug. 24th. However, the first I heard from them was via mail today requesting an initial meeting for Aug. 11th, the ONE WEEK of the year we are going out of town. I am quite sure they will blame me for the delay (and say "Well, we could have had this done but you went on vacation, etc....) and it will be another battle. I dare them to go to day 90 so I can contact a lawyer, but in the meantime, I need advice. Quote Link to comment Share on other sites More sharing options...
EKS Posted August 1, 2015 Share Posted August 1, 2015 In our district, you can have your child evaluated independently and then use the report from that evaluation to get accommodations, but you can't use the results of a private assessment to get an IEP. An IEP and a 504 plan are entirely different from the school's perspective--an IEP requires the school to actively *do* things (frequently including special instruction by specially trained teachers) in an attempt to meet IEP goals whereas a 504 plan is more passive (allowing the child to take longer to do things or use a keyboard for written work for example). My son has gotten accommodations with a private evaluation at the public school, a private school, the CC, the College Board and ACT people, and most recently, his private 4-year college. These accommodations were for things like extended time for testing, reduced distractions, calculator and formula card use, and note taking help. 2 Quote Link to comment Share on other sites More sharing options...
City Mouse Posted August 1, 2015 Share Posted August 1, 2015 Colleges provide accommidations, but they don't use 504 plans or IEPs. Those are just used for public schools (some private schools use them, but they are not legally required in most states to use that specific paperwork to provide accommodations) They don't provide evaluations for free, but may be able to suggest where to go to get one. 1 Quote Link to comment Share on other sites More sharing options...
Crimson Wife Posted August 1, 2015 Share Posted August 1, 2015 Check your state's ed code, because where I live, schools have to provide at least 10 BUSINESS days' (so not including weekends) advanced notice in writing of the meeting. The family can agree to hold a meeting on shorter notice. I actually did this in May, where I made my request for a meeting on May 23rd and we held the meeting on the 28th. But they had called me and asked if I could do it then. In the written notice, there was a line stating that I had agreed to waive the 10 business days' clause. 2 Quote Link to comment Share on other sites More sharing options...
PeterPan Posted August 1, 2015 Share Posted August 1, 2015 Like Crimson, I'll suggest to you that they're skirting the law and not using all the forms and protocol they're supposed to because you're a homeschooler. In our state there are required notification forms for every meeting, and they NEVER used those with me. They'd just sorta surprise me or change things. That 90 should not be the end goal. You should have steps of progress, all delineated as a timeline. You NEED to call your State Dept of Ed. Calling them at day 89 does you NO GOOD. Call them now. And again, and again. Ask them to give you the link for a pdf of the timeline for getting an IEP in your state. If your ps has violated any step in that timeline, file a complaint IMMEDIATELY. This is not beyond you, and it's not them you have to fight. You have to know the individual steps of the timeline process and use the law to remind the school of what they're supposed to do. So if the law required them to meet with you within 30 days of your written request, then you send an email, cc'ing to the school reps who were at the table (principal, SN coor, psych), saying that you appreciate their reply, that you wondered if they could move it up to get within the 30 days required by the law, blah blah... It's not a fight. It's more like poker. Whoever knows the law better holds the cards. Until you bone up on the law and are willing to flourish it like a gun, nothing will happen. They're jerking you around. And if they've violated the law already, file the complaint immediately. Let the law help you. 3 Quote Link to comment Share on other sites More sharing options...
DawnM Posted August 2, 2015 Author Share Posted August 2, 2015 Like Crimson, I'll suggest to you that they're skirting the law and not using all the forms and protocol they're supposed to because you're a homeschooler. In our state there are required notification forms for every meeting, and they NEVER used those with me. They'd just sorta surprise me or change things. That 90 should not be the end goal. You should have steps of progress, all delineated as a timeline. You NEED to call your State Dept of Ed. Calling them at day 89 does you NO GOOD. Call them now. And again, and again. Ask them to give you the link for a pdf of the timeline for getting an IEP in your state. If your ps has violated any step in that timeline, file a complaint IMMEDIATELY. This is not beyond you, and it's not them you have to fight. You have to know the individual steps of the timeline process and use the law to remind the school of what they're supposed to do. So if the law required them to meet with you within 30 days of your written request, then you send an email, cc'ing to the school reps who were at the table (principal, SN coor, psych), saying that you appreciate their reply, that you wondered if they could move it up to get within the 30 days required by the law, blah blah... It's not a fight. It's more like poker. Whoever knows the law better holds the cards. Until you bone up on the law and are willing to flourish it like a gun, nothing will happen. They're jerking you around. And if they've violated the law already, file the complaint immediately. Let the law help you. I get what you are saying, but I honestly am getting the feeling that it is a fight. They don't want to meet with me, I feel they have every intention of giving me the least amount of anything possible (they keep telling me that without observing him in the classroom they have no basis to give him accommodations, etc.....) I also have found out that an IEP does nothing for community college. Only a 504 plan can follow them to CC. So, if my son is a senior this year, I am not sure an IEP is even worth the effort. The timeline on our state's page seems to be more of a "guideline" and not a given. They use words like "it is suggested......" You may call it poker, but I hate games, and I call it a fight. If I have to put forth a huge amount of effort and get completely stressed out at every turn, it is a fight. Dawn Quote Link to comment Share on other sites More sharing options...
DawnM Posted August 2, 2015 Author Share Posted August 2, 2015 Check your state's ed code, because where I live, schools have to provide at least 10 BUSINESS days' (so not including weekends) advanced notice in writing of the meeting. The family can agree to hold a meeting on shorter notice. I actually did this in May, where I made my request for a meeting on May 23rd and we held the meeting on the 28th. But they had called me and asked if I could do it then. In the written notice, there was a line stating that I had agreed to waive the 10 business days' clause. Today is Aug. 1. The appointment is for Aug. 11, so that falls within the 10 days. It said it was SUGGESTED that they start with a DEC 1 initial meeting before 30 days from the date of request has happened. I requested the IEP on June 23rd (that is the date they signed the certified mail for them.) It is now day 39. The initial DEC 1 was scheduled for day 49. I really don't know what will happen now. I will be back from vacation the week before school starts, so my guess is they won't meet with me until after school starts now. Dawn Quote Link to comment Share on other sites More sharing options...
PeterPan Posted August 2, 2015 Share Posted August 2, 2015 I thought the point was for them to get things in place to make this year go better? Can you just email them, telling them you'll be on vacation, and offering to move up? Unfortunately, the system is this ugly. It's not just you. It's why our district has kids with ASD with no IEP. How much you get seems to depend on whether you're willing to fight. :( I don't know what carries over to schools. My impression was the accommodations they had in place in high school create a paper trail of advisement to the college but they aren't required to provide those things. You hash out a fresh list with the college. But for making this year go better, it would be worth the fight. They could be giving him things pretty quickly if they would just get this done. If you signed the end of June, then this could be done within the 120 days, meaning October. That gives him a whole school year of benefit. They could get this done in a month flat once they finally meet with you. You might not want to give up. 2 Quote Link to comment Share on other sites More sharing options...
DawnM Posted August 2, 2015 Author Share Posted August 2, 2015 I have already sent an email explaining that we will be away that week and asking for another date. I may follow up with a phone call on Monday. I think I should also call the Community College. I have made a new friend whose son is very much like mine. She has already met with the CC re: some things and I am meeting with her Sunday to have dinner and get some more info. She is the one who told me the CC said the IEP won't follow you but the 504 plan will. I need to ask about private assessment vs. PS vs. CC. 1 Quote Link to comment Share on other sites More sharing options...
Crimson Wife Posted August 2, 2015 Share Posted August 2, 2015 The timeline on our state's page seems to be more of a "guideline" and not a given. They use words like "it is suggested......" It's a pain, but you need to find and read the actual education code for your state. The website might have a suggested timeline but you need to know what the letter of the law states. 2 Quote Link to comment Share on other sites More sharing options...
kbutton Posted August 2, 2015 Share Posted August 2, 2015 I am sorry that you'll be out when they want to do the meeting. I will note that a lot of the personnel that is involved in the meetings do not work during the summer. That's part of what is dragging this on. This is probably the soonest they could get you after they return to work without having you come before the ten days of notice. I am not going to tell you that they might not be playing games or making you fight, but this part may simply be how it's working out for them. I think you should reschedule and continue to move forward. You should find out what kinds of things they need to know about his functioning--you should be able to provide evidence for some of it. If he's in any group/classroom settings at all, the supervising adults should be able to give observations about that. You can provide that documentation. If they don't want to recognize it, that's a problem, but you can provide it. You have to be creative, but you can gather that data. 1 Quote Link to comment Share on other sites More sharing options...
DawnM Posted August 2, 2015 Author Share Posted August 2, 2015 I understand some don't work in the summer, but when they called me 38 days ago they said, "We would like to get this completed by the end of the summer so that we don't have to go in to the school year." So I thought they meant it. I guess not. Quote Link to comment Share on other sites More sharing options...
Storygirl Posted August 2, 2015 Share Posted August 2, 2015 Just thought I would chime in to mention that the 30 day thing (and the rest of the timeline) is federal law, not state. The state must follow the federal law. Also, don't give up! You can do it! ETA: Your state will have it's own set of laws, and you should be able to find them online, but they may not supercede the federal ones. In our state, the school is required to give parents a booklet that explains the IEP process under the law. Ask your school district if they have something similar. I think they should. 2 Quote Link to comment Share on other sites More sharing options...
kbutton Posted August 2, 2015 Share Posted August 2, 2015 I understand some don't work in the summer, but when they called me 38 days ago they said, "We would like to get this completed by the end of the summer so that we don't have to go in to the school year." So I thought they meant it. I guess not. It's a big deal to get a lot of the team members all in the same room at the same time when they are ramping up for school. Our school district put it on the calendar before folks got back, but I can see that if they waited because someone was on vacation and not in touch, it could push things back. If they run out the clock, remember that you have to sign stuff. You can play the beat the clock game too. You can stand there dribbling the ball watching the shot clock count down. Give them your available dates, and ask them to reschedule. I strongly suggest this book for an interpersonal look at how to manage this process. It's only partly about the law; you need a way to keep your game face on, and you need a way to figure out what your game face ought to look like. You need a way to know how to respond to delay tactics, and a "no" right out of the gate (such as "we can't possibly know what he needs because he's not in our school"). This book helps with that. http://www.amazon.com/When-School-Says-How-Get/dp/1849059179 You need to stay calm so that you can think on your feet. (And if venting here calms you down, that's okay, as long as you can regroup and keep going.) 1 Quote Link to comment Share on other sites More sharing options...
DawnM Posted August 2, 2015 Author Share Posted August 2, 2015 It's a big deal to get a lot of the team members all in the same room at the same time when they are ramping up for school. Our school district put it on the calendar before folks got back, but I can see that if they waited because someone was on vacation and not in touch, it could push things back. If they run out the clock, remember that you have to sign stuff. You can play the beat the clock game too. You can stand there dribbling the ball watching the shot clock count down. Give them your available dates, and ask them to reschedule. I strongly suggest this book for an interpersonal look at how to manage this process. It's only partly about the law; you need a way to keep your game face on, and you need a way to figure out what your game face ought to look like. You need a way to know how to respond to delay tactics, and a "no" right out of the gate (such as "we can't possibly know what he needs because he's not in our school"). This book helps with that. http://www.amazon.com/When-School-Says-How-Get/dp/1849059179 You need to stay calm so that you can think on your feet. (And if venting here calms you down, that's okay, as long as you can regroup and keep going.) Originally I was glad they said they would do it all over the summer because I was planning to put him in school. I am no longer planning to do that and honestly, if they are all like these people, I am glad I am not! However, we do want him to attend the CC, hopefully in January, but if not, then the following year. So the dates aren't as crucial any more. HOWEVER, my real concern is getting a realistic and accurate plan in place for him. If they are truly in a battle to give him the least amount, not take my word for anything, etc......then this really is a waste of my time (and theirs). So, given that we will not be putting him in PS, and given that our next step is CC (possibly starting with GED classes), would you even continue to battle this out with the local PS? Thanks, Dawn PS: Your link doesn't work Quote Link to comment Share on other sites More sharing options...
kbutton Posted August 2, 2015 Share Posted August 2, 2015 Originally I was glad they said they would do it all over the summer because I was planning to put him in school. I am no longer planning to do that and honestly, if they are all like these people, I am glad I am not! However, we do want him to attend the CC, hopefully in January, but if not, then the following year. So the dates aren't as crucial any more. HOWEVER, my real concern is getting a realistic and accurate plan in place for him. If they are truly in a battle to give him the least amount, not take my word for anything, etc......then this really is a waste of my time (and theirs). So, given that we will not be putting him in PS, and given that our next step is CC (possibly starting with GED classes), would you even continue to battle this out with the local PS? Thanks, Dawn PS: Your link doesn't work http://www.amazon.com/When-School-Says-How-Get-ebook/dp/B00E81DHTS Well, if you are not putting him in school, I think it would be useful only if it gets you some other services, help going forward into college (tutoring or other services if an IEP doesn't follow him), or state/county assistance in some regard (our state has scholarship money available). Someone else might know of other pros and cons. I think I missed the part about your not putting him in school this year. I hope you are able to find something that works for you. If you want a Section 504, there is still some kind of procedure and hoops to jump through. I don't know how much. 1 Quote Link to comment Share on other sites More sharing options...
DawnM Posted August 2, 2015 Author Share Posted August 2, 2015 Just thought I would chime in to mention that the 30 day thing (and the rest of the timeline) is federal law, not state. The state must follow the federal law. Also, don't give up! You can do it! ETA: Your state will have it's own set of laws, and you should be able to find them online, but they may not supercede the federal ones. In our state, the school is required to give parents a booklet that explains the IEP process under the law. Ask your school district if they have something similar. I think they should. Do you have a link to the federal laws? Quote Link to comment Share on other sites More sharing options...
Crimson Wife Posted August 3, 2015 Share Posted August 3, 2015 Do you have a link to the federal laws? http://www.wrightslaw.com/idea/law.htm 2 Quote Link to comment Share on other sites More sharing options...
DawnM Posted August 4, 2015 Author Share Posted August 4, 2015 Ok, well, update. Guess I should have started by calling the Community College. I spoke with two counselors at the CC today. Both were AVAILABLE and very helpful AND pleasant! Such a difference from the local high school! One of the counselors I spoke with was the Disabilities Counselor (I don't like that term but that is what they use.) 1. She told me that they don't put much weight on a high school/PS IEP or 504 but will take it as a baseline. 2. I then asked if they would accept a private assesment and once I told her where we got ours she said, "Oh, absolutely! Those hold more weight with us because they are often more thorough." 3. I also asked if we needed an update since ours was 3 years old and she said, "Not unless you want to. 3 years is a reasonable amount of time for us to get an idea and then we will give him an assessment once he tells us he wants to come to our school. 4. The assessment they give at the CC is not a pass/fail, it is just to see what he needs to help with accommodations and assistance to succeed. 5. She said he COULD come in 2 weeks for Fall semester but it would be tough to get him enrolled this late. I said I would prefer January and she said, "Perfect! That will give us time to really get what he needs in place." So, now I REALLY don't want to deal with the school district if I don't have to! 6 Quote Link to comment Share on other sites More sharing options...
Crimson Wife Posted August 4, 2015 Share Posted August 4, 2015 Glad you had a productive conversation with the CC and best of luck to you and your DS in making the transition. 1 Quote Link to comment Share on other sites More sharing options...
prairiewindmomma Posted August 4, 2015 Share Posted August 4, 2015 Hurray!!! 1 Quote Link to comment Share on other sites More sharing options...
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