A school district violated a legal agreement.?

A school district violated a legal separation agreement and tested my daughter for preschool special education.. without my knowlege. I then found out, sent them a copy of the separation agreement, which states clearly that they need consent from both parents. We then had a meeting on her special education needs, and they were aware at that time that any services that she needed had to be consented to by both of us. Then I found out a couple of weeks later that they started services, this was before I even go the consent forms in the mail to sign. What can I do about this?

(My daughter doesnt need the services, they wont refuse services to anyone who requests them... her testing all came back that she doesnt need them, but could potentially benefit from them)

Well, I would get right on it and would not let the school get away with it because the more they do get away with the more they will. First contact a lawyer and learn your rights in your state. Contact the school and demand an ARD meeting with a mediator to make sure that your wishes are heard and documented. They can go ahead and provide certain things without your consent, but they will push the envelope on this if you do not get involved and make your wishes known. If it is possible go as a united front, both you and your spouse and let them know in under no certain terms will they be implementing things without having written consent from both of you. Be firm and if need be most states offer some sort of Parent Case Management programs that will have someone go to the ARD meetings to help you and let you know what is going on etc. You as a parent have a lot of rights in these situations, but many times school officials will bully their way around for various reasons. Just stand up and defend what you believe is right and best for your child.
I can sympathize with you.

Perhaps your spouse violated the seperation agreement. Schools do not know about seperation agreements unless they are informed. did you verbally agree to the services? did you sign the iep stating you were in agreement with t he services? Talk with the school district's superintendent's office to be sure they have the information you have and then request a copy of everything that has been done and has been signed. sounds like your daughter is in need of services and I hope you can see thru the other concerns to be sure your daughter is able to get what she needs from the district.

i dont know what you can do about that, surely something, but the real crux of the situation is that your daughter needed special services and one of her parents realized that. it is good that she was determined early for the earlier the intervention, the better the outcome for your daughter.

were you going to request testing? maybe because it was agreed upon at the meeting and thats why they started services right away.

Hire a lawyer, now. Don't wait. They will jump at the chance to represent you. This seems pretty clear cut.

Talk to the superintendent of schools. Set up a meeting with him, person to person. Reject meetings with people lower than him, you need to speak to HIM.

If things get worse, take them to court. It is a legal matter.

If your daughter could benefit from these services why are you standing in the way of her receiving them? Sounds like you are being a b***** just becuase you can.

I'm not an attorney and I presume there are no court orders preventing you from being involved. It seems to me that you need to put your wishes in writing. Send a letter to the Director of Special Education and to the Principal of the School. Explain the situation, that you are separated from Daddy, that you asked ot be involved, that you were not included in the Case Conference, had no input in the IEP (Individualized Education Plan), and then state excatly what you want. You probably want to be included in any future case conferences conducted for your daughter and you may want them to re-conduct the initial case conference to explain the testing your daughter's testing results and the services that they believe you daughter will benefit by receiving.

From a teaching perspective, and I presume you have visitation/parenting time with your daughter and will be at some point responsible to help her with her homework, it is important that you are onboard and understand the IEP. This is one reason why you should ask for the Case Conference to be re-conducted for your benefit.

It's wonderful that your daughter is recieving services to early.

GOOD LUCK.

Tell the school you haven't consented. Get a meeting immediately.

1) The school probably needs both parents' consent, but it is not part of your separation agreement and can't "violate" it.

2) Stay calm. You met with the school before services started, perhaps they thought they had your consent. You can consent verbally, you know. School bureaucracies are notorously cumbersome, and communication between departments is difficult. Don't worry about the past -- your child hasn't been hurt by being tested and a couple of weeks of "services."

MOST IMPORTANT --

YOUR CHILD'S NEEDS. Slow down, and listen to why the school thinks she needs special education services. Think hard about whether she does.

My son was not diagnosed until well after preschool. If he had received services then, he would need far less of them now.

I have to tell you, from your post it sounds like you are most concerned with your rights, and especially your rights in comparison with the child's father. Those are important, but not the most important issue. If you go in again, it is most likely that the school will in the future remember to get both parents' consent for things. But you are in the lucky position of getting services -- so many parents have to fight tooth and nail to get anything from the school or school district. You want them as an ally, believe me.