IEP tomorrow, I have quick question

Discussion in 'Special Ed 101' started by Hanging-On, Mar 7, 2007.

  1. Hanging-On

    Hanging-On New Member

    I had an IEP yesterday, and it bothered me all night. So I called and set-up another IEP tomorrow without the lawyers there, unless mine can make it. Below is my update on the General board, just you guys have more info right here.

    My questions: 1) My son has been forced to stay out of school for 9 weeks because the school refused him re-entry, and now all the time that wasted with negotiations with the school district. Can they legally keep him out, and how are they doing this if it's against the law? What can I throw in there face to say, "such & such law states.....". 2) What I'm proposing tomorrow is a full day at their one school with a Special Education room/Behavior unit, although I'll take half day right now to transition him back into school. I have someone who is voluntaring to be his one-on-one (who is licensed as a Substitue teacher for them), since they don't have someone just sitting on the shelf waiting to be used. I want them to pay for their travel to & from school, because they'll be taking him. And pay this person for her time at school. In a nut shell, I found his personal assistant, so they didn't have to put an ad in the paper, and do all the hiring stuff. This person will work as a sub-contractor and get a 1099 at the goal is the reason for them to say no. But we all know they are going to say no, So my question is. Do I have a case regarding the sub-contractor. (Interestinly, they agreed in writing to pay this same person for her time and travel when she will take him to school under their 1st proposal which is only 1 hr a day for 4's what the difference?)

    This is all I have for now. I'm sure there's other things I can fight for, but right now I just want him back into a class room trying to learn (even though it's going to be slow, at least he's getting the exposure to TRY and absorb some stuff).

    UPDATE on General Board:
    "Ok, here's what's going on. The first week of Jan'07, difficult child was discharged back to me without any services or school set up. They basically just dumped him on me. I took him to school the next school day, and the principle refused him entry saying they had no place for him. (double meaning: no physical place because the school was full and they gave his seat away, and no Special Education classroom there). Then they told me to go to the "Home school" because that's where all the overflow goes. I go there, and tell them that he needs a Special Education room (not norm population room). They say they can't do it. I go get a Lawyer, and we demand an IEP. I got an IEP on Jan 13th, and it was totally full of the hospital and the teachers from the hospital telling the IEP team how difficult child is basically brain dead (sorry sarcasim). The school district (now totally terrified) says they need time to THINK on where to put him. In the mean time they ordered THEIR Neuro-psychiatric to test difficult child. This Dr. has seen difficult child 4 times, for a 3 hr test. difficult child can not stay on task long enough to do testing. Dr. almost gives up, but says lets try again (over & over. we're now at testing visit #4). So no results yet. But the Dr. did tell the school district that he has NEVER had such a tough assignment, and that difficult child basically can't control his behavior long enough to learn. (I asked what THEY meant by behavior, and they said "being on task, being able to do what a student needs to do to absorb and learn". So it didn't mean throwing fits and having a meltdown.) They were also suppose to have Ed Diagnoistitions test difficult child, and they have not called yet. They were also suppose to provide his therapies (while we wait), and they start Friday. One hr a WEEK! (Yes, it took them a month to schedule this). Today we had our second IEP meeting, and they wanted to do home based schooling, 1 hr per WEEK. I said HELL NO!! We finally agreed at in school (after regular school is over) for 1 hr per day, for 3 days. AND 1 hr per week related services. I didn't like this because I think it's sh*&t proposal, but my lawyer says for us let them try and it shows that I'm trying to work with them. (And the school district knows that we are in the process of suing the original school over due process because they dropped him without my knowledge, and they because they have gone against his rights, and a lot more stuff). So, I'm sitting here at week #9 still paying for a babysitter (who's just letting him play becuase she's not a SE teacher) so I can try and save my job. He's not getting any wrap around services, and he's not getting any help with anything. The hospital said pick him up or give him to foster care, we can't do anything more. So I took my child back, and I'm fighting everything and everyone to get him back into a school setting!!! What I don't understand is that he was making progress (although slow) in Kindergarten. So why is he now so damaged and mentally retarded that EVERYONE is giving up on him and saying it's hopeless? I'm still battling Medicaid to get him on, and I'm battling the insurance that I do have to have them pay for things. At present he has allowable 10 visits with a Psychiatrist, and 10 visits with a SW. (clearly not enough for someone with his disabilities). So this is where we're at. What I don't understand is if it's illegal for a parent to keep a kid out of school, how can the school do it? AND what ever happened to "no child left behind"? Because difficult child is clearly being left behind, and no one is rushing to put him back into school...."
  2. Sheila

    Sheila Moderator

    To begin with your school district is in flagrant violation of FAPE in my opinion.

    An excerpt from :

    If you have a child with a disability who qualifies for special education services under the IDEA, the school must provide your child with a free appropriate public education (FAPE) in the least restrictive environment. This page has frequently asked questions and articles about FAPE, cases, books, and recommended resources about FAPE. (Click on the link above for more.)

    From the Feds:

    Sec. 300.101 Free appropriate public education (FAPE).

    (a) General. A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in Sec. 300.530(d).

    If your school district can't provide FAPE for your child, they need to contract with an entity that can.

    If they are keeping your son from going to school, you need to check into compensatory education.

    Your State Education Agency is responsbile for seeing to it that the school district follows federal and state law regarding students with disabilities. You might want to consider filing a complaint with the State and/or OSER. Or, you could also make it known to the school district that you're going to request the SEA and Feds monitor your son's situation and file a complaint if things don't change -- pronto.

  3. Martie

    Martie Moderator

    I wouldn't compete with Sheila's ability to pull up those links!

    You also may be entitled to "compensatory education" this summe for the time he has missed during the year.

    It is denial of FAPE to just "shelve" a kid.

  4. Hanging-On

    Hanging-On New Member

    Thank you :smile: