Dave

No, we're definitely filing and taking it as far as we need to. The purpose of all of it is to shift the burden of proof for the Provision of FAPE from the parents onto the school. DoDEA is a great place to start.

Right! We lean back on 1342.12 often. Unfortunately, the oversight agency is DOHA (Defense Office of Hearing and Appeals). DoDEA polices themselves. Ugh.

Yes - no response or completely dismissive. "No problems here". Again, the school collects no data because they have no program to implement. Last year, my daughter would say there wasn't even an educator with her on several days. When we asked the school about it, they told us they don't have to give us information on the attendance of special educators. This year my daughter answers a few questions about the implementation of her IEP every day. The daily email goes up through the entire DoDEA Chain of Command. DoDEA Director, Europe Director, Europe East Super, Stuttgart Super, Principal, VP, SpEd ISS, School psychologist, case manager, and SLP. I graph the information into a visual and send to the same group. No response from anybody, except the Europe East Superintendent recently asking my daughter and I to stop sending messages. His next step was to reach out to my employer.

Thanks for responding. We're looking for a lawyer now to go to Due Process. We're past parent concern letters and Mediation. The school has admitted to denying FAPE for two years and they continue to rack up procedural and substantive violations since. But, it's DoDEA and they police themselves. It's a challenge.

Thank you for responding. We are really far past quoting laws and statutes and just collecting evidence at this point. The school has established that it has no special education program and they're really waiting to go to Due Process. Their form of Special Education is to gaslight and obstruct as long as possible. They have no data because they aren't implementing anything. In a recent progress review meeting the case manager said she shoots from the hip.

Thanks for responding. This reference is helpful. The insufficiency of the progress reports and the missing data has been at the crux of the issue since my daughter came into this school district (DoDEA Germany). Because the school doesn't implement any special education program here (focus is on just pushing the kids through), they have no data year after year, no baselines, no specialized instruction, no updates, so my daughter's IEP goals have not been updated since the document was written in Oct of '19. In addition, none of the goals have been remediated in these last 3 1/2 years. We've never completed an annual review, or transition plan or triennial review. It's a nightmare.

What is the extent of education records when it comes to progress monitoring data collection? My daughter's SpEd team is notorious for not collecting data and the only information in progress reports is subjective and anecdotal data. We have continuously asked for quantifiable and/or objective data and the school team said they have it and would provide it, but they never have. Now, they're taking another tack by saying they use personal notes, and personal rubrics and they don't have to release them because their "personal notes". If the team members say the information in the progress report is from those notes and/or rubrics, doesn't that supporting data become an education record? They shared the information and made it public, so it should be considered an education record and fall under FERPA. Is there legal or authoritative guidance on when an artifact becomes an education record?