lawyersmedicalmalpractice.org   SUBMIT


  close
I will try to be brief. My son is eight in the 3rd grade. I knew he had literacy issues in kindergarten but was told I was overreacting. We waited until 2nd grade and then requested the district evaluate him. The school psychologist said he was dyslexic, with an "orthographic processing disorder." He also has ADHD. First CSE, they gave a 504 for the ADHD and the orthographic processing. I appealed because I believe he needs a resource room to deliver targeted services specifically for dyslexia remediation (like Wilson, Orton-Gillingham, etc.) Also, dyslexia is an enumerated, specific learning disability, so why refuse to give an IEP? Second meeting, I was told by the CSE chair that they "didn't care" if he was dyslexic that what we were asking for was "too staff intensive" and with or without an IEP, he would not get anything more than AIS reading/writing. This made me mad, so I did research. They had stated that his composite test scores averaged out to 100, so he was fine and needed no services. That is a misreading of the scores-- the subtest scores are wildly discrepant, which is a hallmark of a disability in reading and/or writing where overall intelligence is not compromised. When I brought this up, suddenly they claimed they discovered a misadministration of the test, six months later and after using it twice to deny an IEP. They wanted to redo the test, but I requested and was granted an independent education evaluation by a psychologist chosen off a list given by the district. The evaluator redid all the testing and added a few more. He agreed that my son was dyslexic, and furthermore had a disorder of written expression (dysgraphia). He recommended an IEP for the SLD of dyspraxia, a resource room just like I said he needed, and compensatory summer services to make up for his years of lost literacy. The district said they'd give an IEP, so after 90 minutes, we left the meeting thinking we had won. Three weeks later, the IEP came in the mail. He classified him "other health impaired." Not learning disabled. No mention of dyslexia. Buried on p. 5 is "difficulty with orthographic processing." They gave him a resource room. The person who is teaching it says she is using Wilson, but she is not Wilson certified. Without the disability written into the IEP, they could take it away any time with no recourse and put him in a regular resource room that does not meet his specific needs. Also, no summer services despite evidence of significant regression over the last 2 summers. I showed the evaluator the IEP and he was shocked. He said that the document was "stupidly written" and could not believe they would flout his recommendations in that fashion. He told me I could get an impartial mediator or I could sue. Or I could ask that they reconvene the CSE. So here I am at a crossroads. They ignored my request to reconvene the CSE. I have filled out the form requesting a mediator. They have 10 days to either reconvene or refuse. If they refuse, there's 45 days allowed before the mediator comes in. If they say they'll reconvene, they could make me wait until June and then refuse to budge again. Then the 45 day countdown will extend to the summer and my kid will not get summer services unless I lay out about a grand for private tutoring, which they will not reimburse. Or I could just go straight to getting a lawyer. Walk into the Director of Special Ed's office, say, "Change the IEP to reflect what your evaluator recommended. No? See you in court." Would this be more expeditious than going through all the other channels first? Would I be more or less likely to win a case if they reconvene for a FOURTH time in one year and then dick my kid over again? Also, how does this all work? I would have to give my records to a lawyer, put them on retainer, get them to write a letter? If we sue, what are we suing for? The IEP, yes, but can I make them pay for the summer tutoring? Can I make them reimburse my legal fees? What about the money I'm out of pocket for therapy because my kid is depressed, cries every day, hits himself, won't go to school, and has suffered documented, systematical bullying by peers (including for his disability)? Can the district be officially sanctioned for being negligence and violating my kid's rights? Also, how honest are lawyers about whether or not you have a good case, timelines for getting judgments, etc? I worry that I will be told to sue whether or not I can win, and if somehow we lose (I can't believe we still haven't won despite all the data, doctors, etc.), I will be left with debt, no IEP, and now pissed at a lawyer as well as the district. Thank you for any advice. I have no experience at all in court so I come, hat in hand, asking for help figuring out how to save my kid from this situation. ETA: The district has granted a new CSE in two weeks. Due to advice in this thread, I have scaled back my expectations. If they want to call him OHI instead of SLD, then I want those health impairments clearly stated with a remediation that explicitly addresses them. I think those are fair asks and not overly specific. For more details (as if this isn't TL;DR already), you can see these threads: https://www.reddit.com/r/Dyslexia/comments/85xx7s/at_my_wits_end_just_need_to_vent/ https://www.reddit.com/r/AskParents/comments/86iu4j/should_i_have_my_kid_repeat_3rd_grade/