TIP: Click on subject to list as thread! ANSI
echo: adhd
to: ALL
from: JOHN PUMMILL
date: 1997-03-18 22:15:00
subject: OCR

 For those that know...
 We filed the OCR complaint and got a rather speedy reply. We got the forms 
back to the office and the school system was contacted. Of COURSE the day the 
OCR called the SPED director she was working on David's 504...
 The OCR asked if we wanted to withdraw the complaint. We said no. We are 
going to try the early complaint resolution in a meeting next Wednesday 
morning. They also want to do the 504 that day.
 Even as we get deeper into this and they now KNOW we are not stupid they are 
still stumbling over their own feet.
 For those not familiar Mississippi is covered under a law called Mattie T. 
This was filed as law and dovetailed into the 504 in 1979. It states that 
there is to be:
 identification (august 1995)
 referral (august 1995)
 evaluation (started August 1996)
 program development (coming up)
 SPED placement
 in that order. It also gives them 30 days in which to do all of this. The 
dates above are correct.
 They just gave us our procedural safeguards on 3-17-97 and sent them home 
via David's folder. (supposed to be signed for and given to you when the 
evaluation is started)
 They also sent home a "Written Prior Notice For Initial Placement"
 "The personnel have considered the following information in making its 
reccomendation for placement: Results of ATR and eligibility determination by 
a screening team."
 Next line (this is a hoot)
 "The following option(s) has been considered and/or attempted and is 
inappropriate: Instructional interventions and results. Examples: behavior 
modification, 504 plan, lower achievement group."
 Other than my falling off of a turnip truck... how in the heck can a 504 
that has never been legally written NOT be effective ??
 The principle of the school wrote a 504 herself in August 1995. Of course 
this is quite illegal and is worthless. The SPED director told Audra (who had 
just told her she was not signing this written prior notice because it was 
invalid) "Whether you accept it or not he has had a 504 written" Audra's 
reply was "yeah, illegally and you damned well know it." The SPED director 
shut up.
 To top it all off his progress report came home on the same day.
 English 100/A
 reading 89/B
 spelling 78/C
 Math    97/A
 "David is making wonderful progress in english, reading, and math. Keep 
reviewing vocabulary words, it has helped. We need to work on spelling. 
Please review spelling words each week."
 He did get a check in spelling for needing to improve listening skills.
 Take the progress report and then the written prior notice and the two do 
not match. Just more of the games we have had to play with this school 
stem.
 We are going into the meeting with an attitude of FOLLOW THE LAW. We will 
not budge until we are happy that disclipinary measures are going to be taken 
with all involved on each of the five charges we have made against the school 
district.
 THEN we get to the 504. Desoto County likes to come to the table with a 504 
already planned out (not supposed to). First thing is to toss it out and 
start from scratch. (once again, follow the law) We already know their game 
plan is to move David to a "special school" in Hernando where he stays in 
with a SPED group. (David has an attention span problem and an emotional 
disorder, he is not mentally disabled) We have proven that he CAN function in 
a classroom. With proper modifications to the class David can work at grade 
level.
 Welp, we are now all caught up. :) I will keep you posted and welcome any 
comments, especially for the meetings. We are going in with two child rights 
activists, armed so to speak, both are well versed in 504 meetings.  
 
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