Any Advice for a Successful CB Appeal?

<p>Hi, if anyone has helpful advice about mounting a successful appeal, we would certainly appreciate it. We're at a bit of a loss as to what we should do next, since our kid has been receiving accommodations with a plan at school for years, and has a severe LD that is well-documented by an evaluation that used all the tests the CB recommends. Help!</p>

<p>Submit information from people other than professionals you have paid. Teachers who say your child needs and fully uses extended time or whatever it is. Special Ed folks who can speak to the need. My sense is that the more that this is physical rather than invisible and cognitive, the easier it is to get the accommodation. Send something from your doctor. Write something yourself that is consistent with all of the evidence that others are going to submit.</p>

<p>Also, you can file suit with the Office of Civil Rights of the Department of Justice, but this is more procedural than substantive -- i.e., was the CB's handling of your case more discriminatory than the standard discrimination the CB applies against other people with LDs?</p>

<p>Thanks, Shawbridge. We are in the act of collecting letters from teachers now. By the way, what would make the Office of Civil Rights decide to take a particular case?</p>

<p>With respect to the OCR, if I understand it correctly, they need to see that the CB did not follow the same procedure they normally follow with other cases of LDs. That is, they didn't offer you a chance to provide additional information. The OCR does not judge make substantive judgements, e.g., a kid with this kind of disability couldn't finish the test with no extra time. They seem to leave substantive judgments in the hands of the experts, which in the OCR folks' minds is the CB. The OCR decided not to take my son's case, and given their procedural focus, they were correct, but I filed the complaint, talked to them and then learned that they were solely procedural.</p>

<p>My first submission was done largely by the school who was certain my son would get the accommodations that we jointly requested. We only got some of the requested accommodations. I submitted 70 pages of documentation the second time and got a change but one that didn't make sense and didn't respond particularly to my son's needs. I called and emailed and eventually got someone to talk to who was very reasonable and sensible. I had pointed out in my email that their response didn't address one of the two major issues I'd brought up in the 70 page submission. The person I spoke with made several suggestions but didn't think the board would grant my fundamental request but suggested I talk with my son who is both very self-aware and mature and ask him what to request. Ultimately, after a discussion with my son and several very reasonable iterations with the person at the CB, they granted the accommodations requested. But, you may have to be persistent. It took one full calendar year.</p>