Firstborn: Express Conditions

The Board minutes were published from the December 22, 2004 meeting. They read:

“Approve the contract for special services for 48 sessions and 8 progress evaluations in the amount of $5292”

“A letter from the interim superintendent setting forth the terms and conditions of the Board approval shall be sent to the parents within 10 days.”

What terms and conditions? I hadn’t agreed to any. I never even went into the closed board session. What the hell were they up to now?

A letter from the interim superintendent dated January 3, 2005 arrived at my home. He stated upon review of my correspondence, relevant statutes and case law the board feels vision therapy is medical in nature and simply is inappropriate to provide. However, we have decided to grant your request due to the fact that it appears that the previous superintendent had approved some “limited vision therapy services” before his untimely death. Then he revealed their following “express conditions.”

“1. The board will pay for vision therapy services in an amount not to exceed $5200.”

“2. The board will not pay for transportation.”

“3. The limited vision therapy services will NOT be placed in or made part of your son’s IEP.”

I read the letter and my head was about to explode. Happy New Year to me! I knew it would be another year of hell with these people. The hell never seemed to end. But I also wanted to be strategic. No knee jerk reactions! I vented to my select few friends that I had met on the IEP Guide. After some thought this is what I decided. The board had already sent half of the payment to the doctor. The other half would be paid by January 26th. As soon as I knew the payment was made in full and the check had cleared I would send my response.

Tick tock, tick, tock the hours, days, and weeks passed. The check was cashed and cleared. I went to the post office and mailed the following certified letter:
“Thank you for your recent decision informing that the school district will be paying for the vision therapy. However, I would like to state that although I was told I would be able to participate in the closed session about the decision in regards to my son’s case the board did in fact meet 30 minutes earlier then the time I was told to arrive. By the time I arrived it was already decided and told to me by the business administrator that the board had decided to pay for this service. At no time did I agree to any “express conditions” that you mention in a letter that I received the day after my son’s first vision therapy service started. Although I do not forsee any further vision services needed at this time, I would like to make it clear that I do not relinquish my rights to further services for my son if they are needed and impacting him educationally.”

“At this point the IEP team has refused to include this service in my son’s IEP although they had previously promised to add this if the board approved. My son’s case manager stated to me in a phone conversation on January 14, 2005 that she could not include this service because of the boards decision and “their” conditions.”

“Please be aware that as to the present date the district has not provided me with any documentation to show that a school district is released from providing medical services if they are affecting a child educationally. In addition, the district has not shown any documentation that they have used to determine this is not an educational need of my child.”

“Please include this letter in my son’s permanent educational file.”

They documented, I documented, but at last my son was receiving vision therapy…  
Copyrighted 2011: danadogooder and DMT


About danadogooder

Happily married for 20 years except when he is pissing me off! ' Mommy of 3 boys, a yellow female lab named Curious, 2 kitties Trouble and Kornelia, and bird and fish! Yes, we have a Zoo! Love to cook, entertain, and travel. I give new meaning to, "You can't fight city hall" Cause I fought worse, "Yes, The Board of Ed! " I live in a houseful of ADHD, Dyslexia, Auditory Processing, Sensory Integration and Allergies!!! I love being a Mom, to have fun and am always joking around! My job titles are: Wife, Mommy, Advocate, Friend, Maid, Cook, Self Employed Business Owner among many others!
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