Farmwife
Member
Issue: School trying to use it's own criteria to exclude disability determination.
Facts verified by state board of ed phone call: Schools can develop criteria to determine eligibility HOWEVER these MUST fall within state and fed law.
Disability in question: Emotional disability that adversely effects education per state and fed guidlines.
Issue becomes messy: School has several extra hoops and criteria that they feel must be met for child to be disabled per their own policy. I see this as questionable because there are 5 recognized legal criteria to prove disability the one we hit on the head is pervasive mood of depression. It absolutely does adversly impact education but the way the school adds on their opinion of how it must effect education it is very very hard to qualify. Their criteria is exclusionary on many levels not covered in IDEA their criteria is subjective to their agenda.
I am not feeling comfortable with the way they elaborate on and interperate the law. Under their policy child is not eligible. Under federal and state policy child clearly should be. The only hurdle is their creative use of school policy.
I am hoping to avoid protracted legal drama and filing complaints as that wasted time does not serve needs of child. I have several instances of the school violating law but my state (IL) is not parent friendly when it comes to due process.
Put plainly, the school has been caught red handed several times but without money for a lawyer we are sunk...
Facts verified by state board of ed phone call: Schools can develop criteria to determine eligibility HOWEVER these MUST fall within state and fed law.
Disability in question: Emotional disability that adversely effects education per state and fed guidlines.
Issue becomes messy: School has several extra hoops and criteria that they feel must be met for child to be disabled per their own policy. I see this as questionable because there are 5 recognized legal criteria to prove disability the one we hit on the head is pervasive mood of depression. It absolutely does adversly impact education but the way the school adds on their opinion of how it must effect education it is very very hard to qualify. Their criteria is exclusionary on many levels not covered in IDEA their criteria is subjective to their agenda.
I am not feeling comfortable with the way they elaborate on and interperate the law. Under their policy child is not eligible. Under federal and state policy child clearly should be. The only hurdle is their creative use of school policy.
I am hoping to avoid protracted legal drama and filing complaints as that wasted time does not serve needs of child. I have several instances of the school violating law but my state (IL) is not parent friendly when it comes to due process.
Put plainly, the school has been caught red handed several times but without money for a lawyer we are sunk...