FAPE: DISTRICT FOUND GUILTY OF REPEATED FAPE VIOLATIONS

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Lora:  My son has Pdd-nos, TBI, ADHD , anxiety, ankylosing spondylitis . I filed complaints with SEA . District found guilty of not providing FAPE or related services, second time in 2 years . SEA doesn’t demand change. He has been injured physically and mentally. I do not have an attorney and am his advocate and wrote complaints. He is of color and has an IEP. I can’t find a local attorney that will go against the wealthy powerful district and my son is being hurt. He also has frequent absences due to medical issues that are documented by specialists and the district has tried to use threats of truancy and does not afford my son the same rights as all other students. They are arrogant and nothing happens when they’re found guilty of repeated violations. The SEA has not done anything even when they find district guilty of the FAPE violations. Help!

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Mamarosa

Re: FAPE. My child has fetal alcohol spectrum disorder. Kids with this are especially vulnerable to getting into trouble w/ internet and cell phones. She was able to communicate with a possible predator on a secret account she created AT SCHOOL on their computers….and kids are all allowed to have cell phones at school…and they’ve allowed my daughter access to their phones (we don’t let her have a phone or internet access unchaperoned at home) and she was also tricked into sending inappropriate pictures of herself to a boy at school and the possible predator I mentioned above as well. I’ve asked for tech/phon-free supervised school option. I maintain that MY CHILD CANNOT BE AFFORDED A FAPE in the mainstream environment…would like to see a precedent-setting court case or OCR ruling…

charles

I am new to the forum. I live in Tennessee. I have dealt with the ineptness of the TDOE regarding administrative complaints. I suggest that whatever you do, do quickly. I filed an OCR complaint, and when the OCR tells me I came up 64 days short of having the complaint in their office, I was appalled at such shallow reason that did nothing to correct the wrong. I had address the issue in my complaint and also on the phone. The appeal process within the district is a travesty of justice to any student who may have to go through the process. Do not depend on any school district that they will address your issue with objective decisions. It is not done. Do not depend on LEA’s, go direct to the Office of Civil rights.

Wrightslaw

I don’t know where you live so that limits my ability to give useful advice. You may have grounds for a discrimination complaint through OCR but I’d recommend that you consult with an atty who has expertise in disability law before you proceed. Every state has a Protection & Advocacy agency whose mission is to protect the rights of individuals with disabilities. Some P & A’s investigate complaints. Contact your state P & A (may be called Disability Rights) to schedule a consult. This link should help: http://www.ndrn.org/index.php