Need help wording a comp ed request for Math LD that has been ignored for 3 years

[Kate]

Hi,  I have all of my old emails telling the principals , teachers and guidance counselors that my child needed extra math support.  I even have 2 that ask for a math IEP to be put in placed and the principal pushed me off each time, saying they were doing new things and offering push in support in the classroom.  Now, my daughter is in 6th grade and barely at the 4th grade level.  I finally hired an advocate and fought for an IEP, not too happy with the SD evaluation report, but I am going to ask for an outside IEE, as they didn’t identify anything new in my daughter -I suspect the report and need to verify the integrity with an outside source.  

The IEP they put in place isn’t working-surprise!  B/c my daughter is in a 6th grade math class with 4th grade skills.   How should I write for comp ed?  Should I pull all the emails and detail/highlight the ones where I was most ignored?  

I am trying to write a detailed history but it is so hard going back into almost 100 emails of concern.  Does someone have any ideas to help or an example (s) to read?  Thanks! 

[Carolyn Rowlett]

Getting compensatory services is tricky, and it will be hard to give a definite answer without seeing all your documentation.

In order to receive compensatory services you will need to show that the school district failed to provide a free appropriate public education by refusing (after you reached out to them) to conduct assessments in all areas of suspected disability.  You would also need to show that your daughter did not make sufficient progress with the "push in" support (ask for any progress monitoring the school did during this time, as well as any and all standardized district and state assessments, to show lack of growth).  Send the district an email with the timeline of your requests, what the school failed to do in response to those requests, and that the push in services did not work yet no alternative instruction was offered.  And ask for compensatory services.  You will most likely be denied, at which point I would file a state complaint alleging "child find" and "failure to provide FAPE" procedural errors.

Side note regarding math goals and instruction in the IEP:  When a student is two years behind in math, it is very difficult for them to participate in the gen ed classroom math because they don't have the foundation and skills needed.  If they are kept in the gen ed classroom, it is like taking two separate math classes - the one in gen ed (which is extremely difficult for them, for the reasons stated above) and the one in the special education setting.  They should be spending a minimal amount of time in the gen ed class and the majority of math instruction should be in the spec ed room.  Additionally, classroom work and expectations should be modified based on the math level she is currently on.  In other words, she should not be expected to do what her classmates are doing in math class.