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Special Ed 101
Copied from (General)...Public School REFUSED difficult child admittance today!!!!!! He's home, and I can't go to work.
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<blockquote data-quote="Martie" data-source="post: 8676" data-attributes="member: 284"><p>Hanging-on</p><p></p><p>I read your post first in the General Forum. I have been out of town and do not always read all of the General Forum so I do not know what has been happening with your difficult child. However, taking him to school tomorrow and leaving him MIGHT cause a hostile SD to call DCFS to tell those folks that you abandoned difficult child. This is sort of analogous to what happens when the school calls and parents refuse to pick up.</p><p></p><p>It is definitely true that your difficult child must be educated at public expense but the law is not going to solve your child care emergency this week. IF your difficult child is already IEP qualified, the hand deliver AND send by certified mail to your SD director of special education that your child, whose IEP was written on X date is being denied a FAPE. If you want to play really hardball, you can put the school on 10 day notice that you intend to place difficult child privately due to denial of FAPE. IN THEORY, this would make your SD liable financially for what ever placement you find. However, in order to collect, you would have to go to Due Process and even if you did everything correctly, you might not win. </p><p></p><p>What I would suggest you put in the letter instead is a copy of difficult child's current IEP and the DEMAND for an emergency IEP meeting. In the letter, waive the 10 day notice to which you are entitled. If you are taking the day off from work, take difficult child with you to the Director of Special Education. No matter how he behaves, it will make an impression.</p><p></p><p>I had a similar problem with a 14 year old who had no place to be. I emphasized this point too much and the Dir of Sp Ed. who was a sadistic a**, used my need to have difficult child SOMEPLACE as evidence that we did not want him. None of this type of distraction is relevant to the issue of FAPE, but an ill-intentioned SD can use this stuff against you.</p><p></p><p>Try to keep the focus on THEIR obligation to provide FAPE. You could also remind them that you will be seeking compensatory education for every day that difficult child misses school in excess of ten school days (which is the maximum number of "suspended" days per year for any child with an IEP.)</p><p></p><p>I would like to be more specific but I do not know what has happened recently so all I can do is suggest legal options that are more or less likely to produce something.</p><p></p><p>Stay off the phone and be careful of what you say. If you come off as out of control, it will be used against you. When SDs pull this stuff, as parents, we all feel out of control, but it is important not to let the bas*ards see you sweat.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 8676, member: 284"] Hanging-on I read your post first in the General Forum. I have been out of town and do not always read all of the General Forum so I do not know what has been happening with your difficult child. However, taking him to school tomorrow and leaving him MIGHT cause a hostile SD to call DCFS to tell those folks that you abandoned difficult child. This is sort of analogous to what happens when the school calls and parents refuse to pick up. It is definitely true that your difficult child must be educated at public expense but the law is not going to solve your child care emergency this week. IF your difficult child is already IEP qualified, the hand deliver AND send by certified mail to your SD director of special education that your child, whose IEP was written on X date is being denied a FAPE. If you want to play really hardball, you can put the school on 10 day notice that you intend to place difficult child privately due to denial of FAPE. IN THEORY, this would make your SD liable financially for what ever placement you find. However, in order to collect, you would have to go to Due Process and even if you did everything correctly, you might not win. What I would suggest you put in the letter instead is a copy of difficult child's current IEP and the DEMAND for an emergency IEP meeting. In the letter, waive the 10 day notice to which you are entitled. If you are taking the day off from work, take difficult child with you to the Director of Special Education. No matter how he behaves, it will make an impression. I had a similar problem with a 14 year old who had no place to be. I emphasized this point too much and the Dir of Sp Ed. who was a sadistic a**, used my need to have difficult child SOMEPLACE as evidence that we did not want him. None of this type of distraction is relevant to the issue of FAPE, but an ill-intentioned SD can use this stuff against you. Try to keep the focus on THEIR obligation to provide FAPE. You could also remind them that you will be seeking compensatory education for every day that difficult child misses school in excess of ten school days (which is the maximum number of "suspended" days per year for any child with an IEP.) I would like to be more specific but I do not know what has happened recently so all I can do is suggest legal options that are more or less likely to produce something. Stay off the phone and be careful of what you say. If you come off as out of control, it will be used against you. When SDs pull this stuff, as parents, we all feel out of control, but it is important not to let the bas*ards see you sweat. Martie [/QUOTE]
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Copied from (General)...Public School REFUSED difficult child admittance today!!!!!! He's home, and I can't go to work.
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