Due Process, Filing a Complaint...is there a difference?

[milivica]

Okay, I have to file for Due Process before our vacation. I need to do this tonight, think I'll go through the colossal thread which starts with an issue over hugs, and ends with an IEP they held without his dad or I there.

Now, is there a difference between filing for Due Process and Filing a Complaint?

What exactly should I do? I want to get it DONE already. Dunno if I've expired any time limits, but need to proceed.

I have that link from the loooong thread from Gwyn to file for Due Process. Anything else I can do to try and prevent my school from stomping all over our kids, I mean getting them in trouble I'm doubting even happens. Also, by filing Due Process, does that somehow prevent me, should I find a Pro Bono Lawyer, from suing? I feel like that's the only thing will stop this school from continuing to crap on my kid. I can see this easily going on for the next 10 years of education, which is why I'm so thankful to have RDI, without which I wouldn't hope for more than what school offers him, less than a minimal life. Ya know?

[peglem]

Here is the website to that lawyer in Indiana. Check out compaints and due process both on the menu down the left side of the page. They are different and a complaint may prevent you from going to due process.

http://www.dphilpotlaw.com/html/special-ed.html

[The Pogue]

Due Process deals specifically with special education rights. A complaint can be about any aspect of the educational system.

[milivica]

I remember this site...I liked it a lot, sorry there's not one for Wisconsin, but this was informative as well.

Guess I'll skip the complaint part, based on what this site says.

Honestly, there are SO MANY VIOLATIONS I don't know where to begin. I feel overwhelmed. Don't know how to all at once, prove what I'm saying.

There's the main objective, showing how very little progress Vince has made, they don't know how to teach him, how to work with him, and to date have no RDI training despite this being phenomenally successful at home and everywhere else, and, despite it being on the IEP, and on an email sent to Wisconsin Disability Rights saying they have received training (from dir of student services).

There's the most recent, having an IEP without his dad or I, easy enough to prove based on the emails from school verifying this.

There's having me arrested to get me back and keep me out, plus my 'ban' before that not permitting me to observe and when I did observe, interrupting constantly.

They didn't follow the IEP, from the video tapes there were supposed to send for quarterly updates (got 2 out of 6) to never calling me when he was all alone in tha *ucking isolation room for hours, despite the BIP saying call me after 20 mins (not that I put that in there, or had a chance to review anything but a small slice of the current IEP and not the BIP at all other than saying I think it needs to be rewritten).

What am I missing?

The fact despite every IEP review raving about the progress he has again made, they basically write the same goals in different words, don't continue the goals he's met, he regresses, then has to meet the goals again. How many times will he add single digit numbers to 10??? Forever I suppose.

I am freaking cause I wanted to do this tonight, don't know how to word things briefly, or target the most important points...and would be happy to do it all when I get back but fear some kind of deadline.

Also, for ESY, don't we have to talk about what it will be for, agree on anything like dates and times, or do they offer dates, times, subject matter and you can take it or not, cause that's how Vincent's ESY goes.

Oh, then there's the not allowing him for related services, then giving him only part of what is due for compensatory services. That's easy enough to prove through emails.

What am I forgetting?

Is there some kind of time limit to file Due Process for what school doesn't do and was supposed to?

Mili

[peglem]

RE: ESY

Here, Allie has always had goals on her regular IEP that were targeted for ESY. So, eligibility for ESY was based on not meeting those objectives, and those were they objectives worked on during ESY. That being said, I suspect (know) they chose things that would always qualify her for ESY, so it was always a foregone conclusion- they were just generating the neccesary paperwork to satisfy the state. Also, ESY is always (here) a regular program with a regular schedule that has been planned out months beforehand. Basically: summer school.

[Mother's Heart]

I'm not sure if you can do thisor not....so does somebody know?
I'm thinking my advocate had me write a letter within the timeline declaring that I was not satisfied/disagreed with the conclusions of the IEP team and that it was possible I would be filing future requests/due process. The point was to document my disagreement within the timeling and avoid losing the window of time.

do you know if you can do this...extending your time to get the due process facts together so you don't go into it half-aspied?

[milivica]

Pogue, ahhhh, ok. Well, the 'complaint' would definitely be the sort of summary of the giant thread then, or really, I think I'd just copy what ever I put in Due Process, and make that a Complaint too.

Maybe I'll call the DPI woman tomorrow I spoke to before, or, the man whose number is on the site. Get some direction, explain there are multiple issues, the main focus being school finally doing what they should have been all along for Vince...using a teaching method that works (RDI), avoids the behaviors that even require us to have FBA's and BIP's.

[Keggy]

tis not the same. I can't recall exactly what the complaint is, but there is a place for professional misconduct. It probably has a different number state to state. It would probably not be where to complain about the aide, but I would focus my complaints on professional personnel.
I would also try to be brief and too the point moldy. When you include a lot of details the whole thing gets very muddy.

[gynwhyver]

Mili:

I didn't read through the entire thread, so if this has been said already (or you've left for vacation, in which case HAVE FUN!), I may be a little late. You can file a complaint and a Due Process simulataneously, however, if you do so, the state complaint (that you file with your state DPE) will be put on hold UNTIL the Due Process case is closed. If the Due Process is favorable, the state complaint will close; if it's not, you can either appeal the decision, OR move forward with the state complaint.

Now, I'm going to go back and read the thread to see what other advice you've been given. :D

[gynwhyver]

Regarding timelines....you have 2 years to file for Due Process from the date of the last violation or the date at which you knew of a violation. Exceptions can be made to this deadline IF you can show that information was withheld from you. So you have plenty of time in that sense, but in the sense that every day that they didn't do what he needed, he fell behind and will continue to fall behind if they keep things up...then you have don't really have much time at all. Good luck and if you still need help, I'll do everything I can.

Enjoy your vacation!!!!! You definitely deserve some downtime away from all this mess.