Special Education/fape follow up
thank you much.
The IEP is great. The problem is the WAY it's being implemented. I can have a good goal there but if all the people doing are drilling and my son is tuned out, how are they helping? I suggested very SPECIFIC approaches, accommodations and ideas, none of which are being done. So it's not the IEP goals, it's the materials and motivations. What happens if they claim he's made progress and I don't see it that way. When I went for 5 observations, my son was miserable in all of them. I could tell you something else but I feel I may be violating my son's privacy but essentially they tell me to not believe my own eyes.
It's a bit of a conspiracy with these groups, I've had other parents feel the same way, they are not going to go out on a limb or ever say they are failing. When should I ask for the evaluation? When would it be done to compare results to last year? Kids do get better as they age, what type of progress should one expect? Or are all tests adjusted for age? One last question- thanks for your time- do you think one stands a better chance with a judge than a hearing officer? It seems judges are more sympathetic than hearing officers but that's just me reading case histories. Are parents ever reimbursed for tutoring if they can document progress and keep good records. Im in a nice area, i don't think there are charter schools here. is there a way to look it up?Thanks again much. I am also curious- do you bill hourly? Have you represented anyone thinking of homeschooling?
The judge I was referring is the administrative law judge from OAH. The level of progress to expect depends on the child. You can ask for assessments at any time, but most can not be repeated within one year. The results of assessments are compared to a sample population of other kids (non-special education) the same age so the expectations go up each year.
If you can show the IEP is not being implemented, you can file a Compliance Complaint with the California Department of Education. They will investigate and order the school to make changes if they find for the student.
You have to go to Due Process before you can go to superior court because you go there to appeal a decision against you in Due Process. The administrative law judges know more about education law, but you have to prove your allegations. This can be very difficult.
There are other options for assessments available to you: IEE (Independent Education Evaluation) is done my an expert the parent and the school district agree on and the district pays the costs. The problem is the district does not have to give the IEE assessment as much weight as those done by their own people. You can find charter schools by searching online with your zip code. But most are not set up for Autistic students.
I have gotten school districts to pay the costs of private schools before. I have some literature telling about this process. It almost always involves filing for Due Process. I have also had districts pay for tutoring, but rarely.
I do charge by the hour for my time once I complete the Case Review. If you will email me direct, I will send you information about me and my services.
I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Phone: (949) 582-3601
You can learn more at my web site: