The State responds to my due process complaint!
FL Dept of Education responded to my due process complaint.
Many inaccuracies I must say... the response, thanks to my advocate Linda Montalbano, is quite detailed and clarifies their mistakes.
PARENTS:
This is not easy... but it must be done.
My resolution meeting will take place in less than 9hrs...
I don't know what will happen... I'm certain Pinellas Cty does not want to fulfill my request...
Why?
Because a precedent will be established. The law protects my child and its right to empower me, the parent, to request an independent evaluation from a licensed psychologist to determine a learning disability. This means my child will receive scientific, research-based interventions - like Ortho-Gillingham (the appropriate program for individuals with dyslexia).
PCSB has refused to do so in the past 2.5 yrs.
I'll keep you posted. This is going to be interesting.
NOTE: I insist... paper trail!!!
ITEM 6:
6. If you don't know what the disability is then the child can't have specially designed instruction to meet the unique needs of a child with a disability. My daughter has never received an scientific, research-based interventions.
Sent: Tuesday, August 04, 2015 12:36 AM To: Tucker Lisa Cc: Ryan Terry; Brown Lisa - San Jose ES; Grant Lisa; +Superintendent's Office; +Board Office; msokol@tampabay.com; adawson@tampatrib.com; Kathleen McGrory; Mary Ellen Klas; Linda Montalbano; Tricia Gerard; Randi Atwood; jacqueline.ingles@wfts.com Subject: RE: Mtg Aug 14.. TM
Information shared in an email attachment on 8-4-15
SAT 10 Results
Ms. Orne administered an ELA posttest at the conclusion of Summer Bridge. The score for T was 33%.
Ms. Orne administered a Math posttest at the conclusion of Summer Bridge. The score for T was 40%.
Mrs. Orne reports that she administered a running record assessment at the conclusion of Summer Bridge and Tomais score instructional on level D. She will have a copy of the running record at the meeting scheduled in August.
A copy of a running record dated 5-18 is also attached to the email response on 8-4-15
§ 300.39 Special education (a) General. (1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including—(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;
ITEM 7:
7. The school district is supposed to provide scientific, research-based interventions. Over 100 year old scientific, research-based interventions in reading and math. Orton reading approaches are: Orton-Gillingham, Orton-Gow, Orton-Wilson and Lindamood Bell.
§300.309 Determining the existence of a specific learning disability (a)The group described in §300.306 may determine that a child has a specific learning disability, as defined in §300.8(c)(10), if—(2)(i) The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in paragraph (a)(1) of this section when using a process based on the child's response to scientific, research-based intervention; or (ii) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§300.304 and 300.305; and (3) The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of—(i) A visual, hearing, or motor disability;
7. The school district prefers not to provided the scientific, research-based interventions because they prefer to Mathew Effect these children. Wikipedia: "While failing to learn to read before the third or fourth year of schooling may be indicative of lifelong problems in learning new skills. This is because children who fall behind in reading would read less, increasing the gap between them and their peers. Later, when students need to "read to learn" (where before they were learning to read), their reading difficulty creates difficulty in most other subjects. In this way they fall further and further behind in school, dropping out at a much higher rate than their peers." Public schools using the Mathew Effect to lower the IQ’s of the disabled, minority and the poor. The result is these children don't obtain education sufficient enough to even complete high school. The IQ drops and the disabled, minority and poor are found to be mentally retarded and lose the chance for higher education. I believe this is being done to my daughter.
ITEM 9:
9. In response to paragraph 3 is not true and I have proof of asking for evaluations with no responses.
Included find the emails sent on February 19 and 20, 2015 to and from Monica Wolcott, then Principal at San Jose Elementary, copy to teacher - ASD classroom - Shannon Woodworth, BCBA Melanie Wagner and Behavior Spec at San Jose Elem. Salima Hemani.
Also included, emails from August 4, July 30, July 28 and July 20, 2015.
I never received an official response to my requests.
To:
Wolcott Monika
Cc:
Woodworth Shannon; Wagner Melanie; Hemani Salima
Sent Items
Friday, February 20, 2015 11:56 AM
Hi!
Thank you for the follow-up.
Regarding tutoring... by the end of the school year, we'll be able to assess if extra tutoring is needed.
Indeed, everything being done in the classroom with greater meaning, order and purpose. I am definitely glad it is happening.
My daughter benefits as well as the other students.
I, YVC, give consent for written expression, language- phoenemic awareness testing, and full psycho-education with IQ and Visual Motor Intergration testing to be done - TM
You have suggested the DAR. Thank you, yes add it to the list.
Yes, please do ask anyone or use anything else -- resources the district and the state have - who can provide further input on how to continue to address the reading challenges faced by children in the autism spectrum and find out the why's to keep moving T. from an emerging to a full on, capable, ready for it all reader -- we are ready, it is needed.
Thanks again.
I look forward to your comments/details/updates.
YVC
parent of TM
*** This email - reply from Principal Wolcott - from 2/19/15
Thursday, February 19, 2015 12:25 PM
You replied on 2/20/2015 11:56 AM.
Hi Ladies,
I looked at the letter regarding retention. The paragraph says “Please check with your child’s teacher regarding possible extended learning opportunities (limited tutoring services) that may be available to assist students who are severely struggling in reading. This is an optional service available at some schools and parents are responsible for transportation. “ At San Jose we opted to offer the Extended Learning Program and STEM to grades 3-5 for students. Thomais is receiving both core and intensive reading instruction in small groups and one on one with Mrs. Woodworth.
As for more diagnostic reading testing, please send me the list of what you are requesting. I would also suggest the DAR. As Ms. Woodworth stated, T. is an emerging reader. She is learning to read. I am going to email a former colleague who I believe is an expert in reading and ask her if she knows of an assessment that will lead us to the “why’s”. We may not find out the “why’s” but we will continue to help her move forward and make progress in reading.
Thank you for a productive meeting.
Monika Wolcott
Principal
San Jose Elementary
** As recent as August 4, 2015 this request was made:
From: YVC Sent: Tuesday, August 04, 2015 12:36 AM To: Tucker Lisa Cc: Ryan Terry; Brown Lisa - San Jose ES; Grant Lisa; +Superintendent's Office; +Board Office; msokol@tampabay.com; adawson@tampatrib.com; Kathleen McGrory; Mary Ellen Klas; Linda Montalbano; Tricia Gerard; Randi Atwood; jacqueline.ingles@wfts.com Subject: RE: Mtg Aug 14.. TM
Ladies.... Please note
The time to discuss had already been used in past meetings... the time is now to confirm and officialize the action plan with ongoing learning adaptations to guarantee my daughter will continue to work on achieving academic progress.
For this reason..
I officially request RTI is not used
But Official evaluations will be used to determine areas of disability challenging academic progress
A very important read...
http://specialedadvocate.org/response-intervention-excuse-deny-services-students-learning-disabilities/
Please review my email. .. included... from July 20 where I list most of what is needed this school year to achieve the above. .. added to all needed evaluations to rule out or confirm dyslexia.
Thank you...
YVC
Note in email from July 28...
*** Before the meeting...
Can I please receive reports generated last days of school and Bridge?
Particularly those representing results from testing or data gathered...
On July 30, 2015 I wrote:
From: YADIRA CALDERON Sent: Thursday, July 30, 2015 3:14 PM To: Grant Lisa; Pharo Kellie; Brown Lisa - San Jose ES; Woodworth Shannon; Tucker Lisa; Orne Debbie; +Superintendent's Office; +Board Office Subject: Re: Mtg Aug 14.. TM
Ladies
Reaffirming my point... read on...
http://mobile.edweek.org/c.jsp?cid=25920011&item=http%3A%2F%2Fapi.edweek.org%2Fv1%2Fblog%2F58%2F%3Fuuid%3D47819
Behaviors being managed Now let's take care of academic weaknesses ... and you all know that should have been addressed since March 2013 when her.first IEP was created. ..
IDEA states All areas of suspected disability must be worked on Let's do appropriate evaluations ASAP... and recreate an academic plan... college for kids type... ready to take my kid to new heights
Principal Brown... ask Lisa Grant to ask Supt. Grego to allow you to do what the law states.. literally.
Thank you.
Yadira
** On July 28, 2015 I wrote:
On Jul 28, 2015 10:15 PM, "YADIRA CALDERON" wrote:
Ladies
Thomais is telling me she sees the letters upside down
Once again. .... this is my third time. .. I request the necessary official evaluations to confirm or rule out dyslexia And thus create the appropriate academic plan and goals to move her forward
Another interesting article http://www.readinghorizons.com/blog/post/2013/04/12/8-dyslexia-accommodations-for-students.aspx
Thank you for.your support
On July 20, 2015 I asked:
On Jul 20, 2015 5:26 PM, "YADIRA CALDERON" wrote:
I will be there...
All goals need to be reviewed ... I'll forward my input/suggestions
I will decide if she'll remain in first grade
Full time or even 50% ESE presence is NOT an option I'll consider. .. the little I've seen or know about the teachers in older ESE classes... I know this is not what my kid needs... She's in borderline mode... appropriate interventions and support is the priority to keep moving her forward Assistant while in Gen Ed is needed... Ms. ORNE can confirm what transpired this summer during Bridge... Which first grade Gen Ed teacher can support My daughter's needs?
Language therapy and OT will continue... borderline student... must reinforce what she missed from Jan 2013-Oct 2014.... when she was in behavior and academic limbo and a wide array of interventions were not offered... or used to move her forward. ..
Reading to be stressed.. I requested specific testing last Feb. ... was never informed what was done or results...
Which reading program. .. of use to a student with ASD.. with visual processing issues... With executive functioning and ADHD compounded into the equation... does San Jose have available? Tutoring after school. .. three times a week is a must
ABA based FBA must be used as needed...
See you soon
Yadira
ITEM 10:
10. In response to paragraph 4,8 and 9 are true the IEP team agreed my daughter needs a neuropsychological evaluation. Also it was stated I would have to pick off of their list and my advocate Linda Montalbano stated that was not legal I have to pick from their list. It was agreed it was true I don't have to pick off of their list. My daughter is in the 2nd grade and has not been made to fail a school year yet but she is below grade level in reading and math. As required I was provided with not free but low cost legal services beyond my ability to pay for any of them.
ITEM 15:
15. Dr. Camille Fine has a reputation and has testified in due process hearings she does not do diagnoses.
September 25, 2002 Highlands County School Board, Florida Dr. Camille T. Fine page 207 lines 5-10: "Q And where in your evaluations does it identify that he has any disabilities? A The areas of weakness is elucidated in the text and addressed. Q Did you diagnose? A No." Page 244-245 lines 20-25,1: "Q (By Ms. Antonelli) In the one hour and 15 minute meeting we had on August 27th were you asked questions that were part of the letter the parents sent you? A Well, not really. Not a variety of questions it was just kind of harping on why I didn’t make a diagnosis."
ITEM 16:
16. If I went with Dr. Fine my daughter will not be diagnosed with Autism and dyslexia. Then she will continue to be denied a PBIP based on her autism. She will not have for at least another school year a scientific research-based reading program. Examples of acceptable Orton reading and math approaches are: Orton-Gillingham(reading), Orton-Gow(math and reading), Orton-Wilson(reading) and Lindamood Bell(reading). The purpose for Dr. Fine is to Mathew Effect my daughter so that they won't have to provide her with an education.
