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Kristen:  My mediation agreement gained a lot of services for my son. The agreement noted that a triennial would be held before the year end. So this spring (April) I asked when it was? You guessed it – they rapidly booked it and sort of did their assessment.
My son is verbal, but the IQ testing they did was for non-verbal. Excuse was he had been tested twice recently in the last two years and probably knew the test. “Besides, they are basically the same” – Really?!

I foolishly assumed the district would take into consideration all the services this agreement offered over the last year because the end of the mediation I was told I was not to talk about the agreement. There was no discussion of the services that the district was covering this last year, and only school tuition and private SLP were kept. They eliminated private therapy to offer their therapist service. BUT will not cover his writing tutor (dysgraphic, school site can’t address) nor OT (his gross and fine motor skills are improved, don’t see value in his sensory diet needs)

Haven’t signed it…but he needs ESY.
to do?

  1. If you are saying that the specific supports agreed to in the mediation agreement did not get translated into your child’s IEP — I believe you can sue for breach of contract in your local court. Call or visit the court clerk. They can walk you through the paperwork you’d need to file for this. It’s pretty straightforward.

    You wrote, “At the end of the mediation I was told I was not to talk about the agreement.” Please read your agreement carefully. If it doesn’t say anything on this point, then they are simply trying to intimidate you. You can take a copy of the agreement to all your meetings and either quote from it, or ask, “Where in this agreement does it restrict my freedom of speech?”

    Please feel free to post multiple questions, or to clarify your situation.

  2. Kristen, I’m not clear about your question. Is your question about the triennial eval? ESY? Are you concerned that the school is not providing the services they agreed to provide during mediation?

    When you requested mediation, was ESY one of your issues? Was it resolved? Is ESY included in the agreement?

    Or, did you decide that your child needs ESY after mediation was over? If you didn’t bring ESY up as an issue, it’s new. You can write a letter to the school to request it but I don’t think you can bring up new issues after the mediation is over.

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