still fighting- beware- vent ahead.

Posted on: Fri, 03/02/2007 - 9:26am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Began the 504 process again back in 9/06 by sending a formal request and doctor's letters stating "life threatening" and in support of 504 eligibility.( have kept ds out for last two years after one month in school)
Monday will be the 3rd written request as well as a verbal request to the superintendent 2/9/07 (new guy- went to meet him).
This is getting ridiculous. We were hoping to wait to retain a lawyer after eligibility was decided, I guess I was silly to think that the accomodations part would be the difficult one.
Anyways, mark the 3rd letter requesting eligibility and regurgitating the same laws. Today they had me come pick up the "504 paperwork" which consisted of enrollment forms and their policy procedure manual (did I mention they're not following it?).
Guess I'll just keep plugging along.

Posted on: Fri, 03/02/2007 - 1:34pm
mistey's picture
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Joined: 01/18/2004 - 09:00

So let me get this straight- you have made 3 requests for 504 meetings?! What was the school's response?

Posted on: Fri, 03/02/2007 - 2:05pm
anonymous's picture
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Joined: 05/28/2009 - 16:42

First response was nothing, until I e-mailed them, then a meeting with the new super, followed two weeks later by another written request when super never contacted us. Today I had to come pick up "504 paperwork" which amounted to enrollment forms and a free lunch application. This will be followed Monday by a third written request, stating they need to either hold the meeting or officially deny it in writing.
I still can't believe it.

Posted on: Fri, 03/02/2007 - 4:10pm
NicoleinNH's picture
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GONE
[This message has been edited by NicoleinNH (edited June 09, 2007).]

Posted on: Sat, 03/03/2007 - 1:37am
gvmom's picture
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Joined: 08/24/2005 - 09:00

Can't she call the OCR? I know right now everyone is going to think I'm suggesting it because of yesterday, but seriously, her child qualifies. Couldn't she call to see if they investigate denial of eligibility?

Posted on: Sat, 03/03/2007 - 1:47am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by hblmom:
[b]This will be followed Monday by a third written request, stating they need to either hold the meeting or officially deny it in writing.[/b]
Perfect.
ETA: to the superintendent by certified mail?
[This message has been edited by Gail W (edited March 03, 2007).]

Posted on: Sat, 03/03/2007 - 2:02am
anonymous's picture
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Joined: 05/28/2009 - 16:42

The third letter is not giving them a chance to deny eligibility, it is forcing them to place in writing why they are refusing to hold an eligibility meeting or schedule one. If they are actually dumb enough to refuse it in writing, that's fodder for OCR as well as we can then go to due process, probably even recover lawyers fees related to securing ds's rights.
I did call OCR, I had to file a complaint to get anywhere, they would not just give advice, but our history with this school goes back two years. My interview with them is Tuesday.
I know ds qualifies, they know, I assume that's why they are trying to delay a meeting. We have chatted with a lawyer (nice guy, giving us tips no charge yet) as well our parent advocate group has a lawyer willing to accompany us, but I was hoping to save their expertise for the real fight - the plan. I figured getting the eligibility is the easy part, at least one I'm confident in fighting. I just keep regurgitating the same laws and everything that qualifies him and asking that an eligibility meeting be convened.
I like how they keep throwing up "reasonable" as well, can't wait to show them letter to Zirkel, even the advocate giggled. At least when we're done, maybe they'll think twice before doing this to another child.

Posted on: Sat, 03/03/2007 - 2:08am
anonymous's picture
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Joined: 05/28/2009 - 16:42

I have read all of gvmom's thread, 6 pages, several times, even pulling up old threads by Mommabear and Gail and several others. I am watching, waiting and planning.
I keep reminding myself, ds is safe, he's learning, and I'm medicated, makes all the difference [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] . I know this is going to be a war, so I'm just concentrating on it one battle at a time. I take one of their lame excuses, and repeatedly show them the law, I've even been able to maintain a smile while doing it, so far, please and thank you even.
[This message has been edited by hblmom (edited March 03, 2007).]

Posted on: Sat, 03/03/2007 - 2:12am
Momcat's picture
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Joined: 03/15/2005 - 09:00

If your son is not enrolled, do they still need to have an eligibility meeting? How do they know that he even resides in their attendance area?
(Just playing Devil's advocate here.)
Cathy

Posted on: Sat, 03/03/2007 - 2:17am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by hblmom:
[b]I did call OCR, I had to file a complaint to get anywhere, they would not just give advice,. . [/b]
My experience was very similar. No 'technical assistance' unless my complaint was thoroughly documented in writing and submitted. I tried another OCR office and I received "technical assistance'. Lots. It seems to me that people's experience with OCR varies, depending on who picks up the phone there.
(gvmom, you hold on tight to that investigator's phone number. )

Posted on: Sat, 03/03/2007 - 2:48am
anonymous's picture
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Joined: 05/28/2009 - 16:42

Quote:Originally posted by Momcat:
[b]If your son is not enrolled, do they still need to have an eligibility meeting? How do they know that he even resides in their attendance area?
(Just playing Devil's advocate here.)
Cathy[/b]
Ds was enrolled, for one month two years ago, our address is the same. The following is what I've put in all the letters that I believe makes it clear a child need not be in school to be evaluated.
"Per the Civil Rights US Department of Education, under,

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