Our Due Process Hearing is Set...

Well, at least I'm glad they didn't forget about us. The assistant attorney general contacted me and asked me if I wanted to go through with the hearing since "most of them are getting thrown out anyway because services are still in place"

I thought about it, and I realized that the last communication I have from the state in writing was a letter stating that they were providing services due to a court injunction, so I asked if I could get a written statement about what the state's current position is in regards to his services, if they reversed their decision to remove them, and is this a permanent change or temporary. I told them I was willing to drop the hearing if they would just provide me a written statement of their intentions, should be pretty straightforward right? I mean what is wrong with asking for this in writing? If they are legitmate and believe they are doing the right thing, why not put it in writing? Should be no problem right?

WRONG!!!!!

Here is a copy of the correspondence:

Them:
I have discussed your concerns regarding documentation with my clients at>> AzEIP.>>>> Their file shows that a letter was mailed to you dated March 23, 2009,>> with your son's name on it, indicating that services would continue per>> the IFSP.>>>> Did you receive this letter, and if so, is it sufficient documentation?>>

Me:
No, it is not. The letter states that services are going to continue > because> of a court injunction, and "The Department will of course comply with the> Court's ruling, but does intend to appeal the decision and ask the court > to> stay the injunction. Your services and supports will be continued as long > as> the preliminary injunction remains in effect">> I interpet this as to meaning that they can and do intend to remove > services> when the order is stayed (and I believe it has been), I want something > else> in writing expressing their intentions at this point and time, and whether> or not they have kept the decision to remove services or they have > reversed> their decision to remove services, and if the services are going to stay > in> place, is it permanent or is there a timeline? I can fax you a copy of the> letter if you need me to. Thanks!>

Them:
Thank you for your reply. I think that I have a copy of that letter in > the file. I understand your position, but am not able to commit the > department to any other communication at this time.

Me:
I guess that means we will go through with the hearing then, can you forward me the instructions? Thanks!

Them:
I don't set the instructions for the hearing. I think that the DES Appeals office includes instructions with the letter that they send out setting the date and time for the hearing. I suggest that if you need more information that you contact them regarding the specific procedures.

-I guess we will go through with the hearing, I'll write a post after it is over. If anyone has any info that can help me, tell me about their experience or advice, it would be greatly appreciated : )