When those in charge of compliance, are ironically out of compliance

The special education system is often like a labyrinth at times, and can create enough frustration, that you almost give up on the whole process.  Opinion and interpretation are at times, not relevant to the regulations or law, which is just one trapping of the system.  I'm okay with that though; it's true of all life situations.  Where the law is clear cut though, is a whole other matter.  There's a system of safeguards in place that are carefully laid out, and the what, why and where of receiving help. 

Cool beans, right?  Well, that is if the people in charge of those safeguards actually adhere to them, or aren't guilty of misconduct themselves.  There's a chain of command for such situations, because unfortunately people fail in their duties at times, and occasionally you have to seek help from someone above them.  But what happens when EVERYBODY in the chain is out of compliance? I mean that is aside from you developing a permanent eye twitch, and wanting to pull your hair out on a regular basis.

My very unfortunate personal example:  First, you discover there are compliance issues with your child's IEP, and you then address that to the principal (check).  Principal admits "Oops" (though it's their oversight to ensure such issues don't occur), but does nothing to correct it.  Next step, you discuss this with your ombudsperson, and file a district level compliance complaint (check).  Meanwhile, about fifteen other compliance issues emerge, so you again, attempt to contact your ombudsperson, to begin the process of filing more compliance complaints (check).  You diligently await your first compliance complaint investigation to be completed, and the resulting investigate report that will contain the corrective action (check).  But you still haven't been able to amend the other fifteen issues that have occurred, because said person never bothers to get back to you, or give you access to the paperwork to file to correct it all.  After a certain period of time, this person is now out of compliance for not getting you either the compliance paperwork, or concluding the compliance investigation, and informing you of the result (check).

Is that ironic?  The person in charge of compliance, can't manage to be in compliance themselves.  What's even more ironic, is that you can't get a hold of the person to determine who you report them to for their failure, because they are the omnipotent power in charge of all issues within the district. 

Meanwhile, your child suffers in this broken system.  And because you do things such as file complaints over legal issues (not your typical "I'm an overprotective parent that can't be satisfied because you didn't wipe his nose 25 times today"), staff begin to view your child unfavorably, and will even go so far as to create behaviors.  They even accidentally send you an email discussing how they are going to willfully be non compliant of the law, because they don't care for your previous actions with regard to filing compliance complaints (and well, if you can't get a hold of the person in charge of these issues, your left talking to thin air).

It's a sad state of affairs.  Like these children don't have enough to face everyday.

It situations like these that makes us such a litigious society.  It's one thing when it's only one link in the chain that is weak; it's another thing when it's the whole entire chain.

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About this blog

Special Educator and mother to a child with Autism. Much to say, but so very little time as it so often goes!


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