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Special Ed 101
And The Plot Thickens!!(Updated 12/6)
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<blockquote data-quote="slsh" data-source="post: 103798" data-attributes="member: 8"><p>I *know* that Sheila will be along with Texas-specific info, but some thoughts.</p><p></p><p>First of all, the FIE (called different things in different states, here it's a case study) must be done at least every 3 years but can also be done at the request of either the SD or parent sooner than that. I'm pretty sure that SD must provide you written notice advising you that they are refusing your request and why. You can then file for due process which is a miserable thing to have to do but on the other hand there has been a significant change in difficult children function in recent months and I would think that SD would have a heck of a time fighting reevaluation. </p><p></p><p>Sped director cannot change placement to homebound. That's an ARD team decision, of which you are a member. If a change in placement is not unanimously agreed on by team, *of which you are a member*, placement doesn't change. This is, in my humble opinion, an extremely serious procedural violation (the best kind of violation for us parents) on SD's part.</p><p></p><p>Lastly and at least as important as the procedural violation, your son is entitled to a "free and appropriate public education in the least restrictive environment" - FAPE in LRE. Nothing is more restrictive than homebound, which is usually reserved for kiddos who have severe medical issues that prohibit attendance at school. And while it wouldn't surprise me to see a SD argue that 4 hours a week somehow equals an "appropriate education", let's get real. Not in a million years.</p><p></p><p>It's really quite ironic that on the same day they tell you no FIE, they *also* unilaterally and illegaly change his placement to the most restrictive possible placement because they can't deal with his behaviors.</p><p></p><p>I think it's time to contact an advocate in Tx - again, Sheila will be a wealth of resource for you since she's already fought the battle there several hundred times.</p><p></p><p>Hang in there - don't panic, and definitely don't let them get you down!!</p></blockquote><p></p>
[QUOTE="slsh, post: 103798, member: 8"] I *know* that Sheila will be along with Texas-specific info, but some thoughts. First of all, the FIE (called different things in different states, here it's a case study) must be done at least every 3 years but can also be done at the request of either the SD or parent sooner than that. I'm pretty sure that SD must provide you written notice advising you that they are refusing your request and why. You can then file for due process which is a miserable thing to have to do but on the other hand there has been a significant change in difficult children function in recent months and I would think that SD would have a heck of a time fighting reevaluation. Sped director cannot change placement to homebound. That's an ARD team decision, of which you are a member. If a change in placement is not unanimously agreed on by team, *of which you are a member*, placement doesn't change. This is, in my humble opinion, an extremely serious procedural violation (the best kind of violation for us parents) on SD's part. Lastly and at least as important as the procedural violation, your son is entitled to a "free and appropriate public education in the least restrictive environment" - FAPE in LRE. Nothing is more restrictive than homebound, which is usually reserved for kiddos who have severe medical issues that prohibit attendance at school. And while it wouldn't surprise me to see a SD argue that 4 hours a week somehow equals an "appropriate education", let's get real. Not in a million years. It's really quite ironic that on the same day they tell you no FIE, they *also* unilaterally and illegaly change his placement to the most restrictive possible placement because they can't deal with his behaviors. I think it's time to contact an advocate in Tx - again, Sheila will be a wealth of resource for you since she's already fought the battle there several hundred times. Hang in there - don't panic, and definitely don't let them get you down!! [/QUOTE]
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And The Plot Thickens!!(Updated 12/6)
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