Has Anyone Done A Citzen Complaint (filing With OSPI)or Mediation.. | MyAutismTeam

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Has Anyone Done A Citzen Complaint (filing With OSPI)or Mediation..
A MyAutismTeam Member asked a question 💭

Has anyone filed a Citizen Complaint with the OSPI or done a mediation with a school district? If so please share your experience, I'm looking into doing a complaint with the OSPI, but was told to do the mediation route. I'm not really sure that route is best since I have been going back in forth with the school district at two different middle schools for 2 yrs now... (We live in the Seattle, Wa area)

posted June 10, 2013
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A MyAutismTeam Member

@A MyAutismTeam Member, our district is not following the IEP and the current teacher didn't address any concerns about goals she never touch on till after we received out progress report in (Feb). Our daughter was transfer to another middle school after her classroom was shut down. The middle school she transfer from does more living skills curriculum. The current school does more academic. When asked for reason of not doing the goals, she just said she felt it wasn't important or that it wasn't part of their school curriculum. She even wrote a email stating she wanted to pow wow us that we insulted her that she felt we didn't know our daughter or want to deal with the fact she couldn't do what was listed in the IEP goals. At a meeting we asked if she could provide data, or work samples for goals such as math. She didn't have any because they had only been working on reading and writing. Then she said that my daughter didn't know how to add or subtract must less be able to do any such IEP goals as regrouping double digits or signal digit subtractions. We have been dealing with the district on many IEP violations last year, but this year we got a advocate who couldn't believe what she was seeing or hearing. She is suggesting we do file a complaint or do a mediation..

posted June 10, 2013 (edited)
A MyAutismTeam Member

@evak77, @A MyAutismTeam Member Thank you for the input and support!! We got documentation from the progress reports, to the notes taken by the district LEA and our own. At both meetings we had advocate because we learn after last year dealing with her first middle school and how they second guess everything thing that was in the IEP including her 3 yr education evaluation. We knew this time we needed advocate. My advocate told me to contact the Ombudsman office here in our state because of a Wrightslaw article on filing a complaint where it gave tips and reasons. It had mention you needed a lawyer for the FRAPE is and that if the investigator does not agree with your complaint, you may not be able to asked for a due process hearing on the same issue that is in your complaint. It was confusing because when I contact the DRW (Disablity Rights of Washington state) they lawyer who answers questions said if we didn't agree with the results we could file a due process. The Ombudsman office suggested we do a mediation first before filing a complaint. But, I felt since last year the same LEA and the other people involded at the time didn't hear us out and didn't listen that this year just mirror the same thing just a different violation towards the IEP.

posted June 11, 2013 (edited)
A MyAutismTeam Member

They should know better than that, they are fully aware that they have to provide what the IEP says no matter budget or the change in classrooms. I also believe the teacher is being unreasonable here. If the principle and the superintendent are not doing anything than you have to push them and threaten them to get them to do the right thing.

I had an IEP meeting where the school had had a budget issue and wanted to change how my daughter was placed with a different teacher and class. We did not agree and told them they had to provide what they had agreed upon. We did bring an advocate with us who would not let them out of their responsibility. We also told them that if this went nowhere we are fully willing to get an attorney and they had 30 days to comply. It took about two days and they said the had talked to the lawyer from the school district and they had suggested they do what we wanted.

The thing was we had so much documentation to prove our daughter needed every bit of services she was getting an more, and when the lawyer saw everything they told them they would loose the case and it would just cost the district a lot of money to drag it out.

Do not go to mediation without at least an advocate, and do not be afraid to tell them you will have a lawyer at the next meeting even if you cannot afford one because they are just trying to get you to back off, do not let them.

posted June 10, 2013
A MyAutismTeam Member

I have filed with federal Dept of Education, Office of Civil Rights (district did not follow procedure for 504); Uniform Complaint to our district (specific actions an administrator took which we felt violated our son's 504 before he had in IEP); and state (California) Dept of Education (procedural due process rights violations causing lengthy delay in my son's IEP assessment). The remedies sought were education of staff, which has occurred. All of these complaints took time and research, but we were able to file them ourselves (no attorney fees).

If you feel you have a valid complaint, don't hesitate, if only so other parents will not go through the same thing. The dept you file with will open an investigation. Mediation may help you, but will not necessarily force the district to change.

posted June 10, 2013
A MyAutismTeam Member

what are your complaints, maybe I can give you some feedback. I worked for a school district and special education program for my county as a behavior assistant and paraeducator for five years.

posted June 10, 2013

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