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Ely, Attorney
Category: Education Law
Satisfied Customers: 218
Experience:  Attorney in general practice,
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I am a concerned parent and my child is on an IEP but he is

Customer Question

I am a concerned parent and my child is on an IEP but he is not learning anything? He is given As but his reading, writing and math skills have not changed from year to year. I have requested extended school year services and been declined year after year. When I reviewed his IEP from December 2014 to December 2015 there is little progress that was made. When I ask how the grades for the courses are determined I am told they are jointly determined by the regular and special education teachers. When I went to his conference this month since he is never in the regular education language arts and math and science classrooms the science teacher never bothered to show up and the other two teachers just looked at me and said nothing. The social studies teacher did all the talking and told me he bases the grades on participation and if the special education student is engaged in the material and gives him an A just for showing up every day. How do I fight this lack of education and just passing special education children thru the educational system because there is no ability to educate them! The special education supervisor has told me that my child's behavior impedes his learning so that is why he is not learning and advancing and thus being educated and advancing! I have done a functional behavioral assessment and redid the IEP goals but he is still being treated the same way. My argument is how do parents know when their child is learning when the grades are not a reflection of what they are learning and what they have mastered but the grades are given to them based on subjective and personal opinion rather than meeting IEP goals and learning? What do I do to change the system? When the state tests are given it shows a true picture of where he is Level 1 compared to his 7th grade peers Level 4 but school argues he is not given any modifications and accommodations so it does not reflect his classwork shows. He has a one on one aide and I know most of his work is done by the aide and the aide is never allowed to be at the IEP meeting or to talk to the parents. I would like to file a complaint with the State of Ohio Department of Education to develop minimal educational standards so children on IEPs can read, write and be able to use basic every day math. Currently the special needs child is at a disadvantage and being discriminated against but the State of Ohio is expecting them now to get jobs and work and compete with non disabled peers so I do not think they will have a chance. Please help me and every other child meet the minimal literacy skills in order to graduate from one grade to the next! Please advise.
Submitted: 1 year ago.
Category: Education Law
Expert:  Colleen Grady replied 1 year ago.

My name is***** have been an attorney for 26 years and in the field of education for 16 years. I will help you with your questions. Can you please tell me your child's grade level? Also, was this meeting an Annual Review?

Customer: replied 1 year ago.
My child is in 7th grade and he is functioning at a 2nd to 3rd grade level. The IEP meeting was an annual review.
Expert:  Colleen Grady replied 1 year ago.

In the IEP, have they set measurable goals for your child? At the Annual Review Meeting did they explain how they worked on these goals and what measures they used?

Customer: replied 1 year ago.
we set measurable goals but he does not retain or remember the information he masters so he never makes any longer term progress.
Customer: replied 1 year ago.
At the annual review they just give me % but they do not explain in detail how these % are determined. They also tell me that the grades and progress are a reflection of the combined regular and special education teacher grading, He has some of the same IEP goals this year that he had last year. I do not see any progress. I also do not know how much work he does compared to the one on one aide but I know there is no way he can go 7th grade work.
Expert:  Colleen Grady replied 1 year ago.

To file a complaint with the Ohio Department of Education you have to allege violation of your child's rights not older than 1 year old. The procedures and requirements of the complaint are outlined on the Ohio Department of Education website. After you file the complaint, the Dept of Edcation has a 60 day time limit on giving you a decision. Here is the information on the website:

Here is the complaint form:

Expert:  Colleen Grady replied 1 year ago.

Have you asked the teachers to explain in detail have the % are determined?

Expert:  Colleen Grady replied 1 year ago.

Teachers should have a rubric to determine grades.

Expert:  Colleen Grady replied 1 year ago.

Please let me know if you have more questions.

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