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Special Ed 101
Manifestation Hearing - Am I being Railroaded?
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<blockquote data-quote="rlsnights" data-source="post: 408610" data-attributes="member: 7948"><p>You should follow this link for very specific information on handling this kind of hearing.</p><p></p><p>Note that you can ask for a delay. Also I would say that they have not given adequate notice and you can request a delay on those grounds alone.</p><p></p><p><a href="http://wrightslaw.com/info/discipl.mdr.strategy.htm" target="_blank">http://wrightslaw.com/info/discipl.mdr.strategy.htm</a></p><p></p><p>And you should read and *know* everything in the text of IDEA regulations that applies. You can find that info here</p><p></p><p><a href="http://www.wrightslaw.com/idea/law/idea.regs.subparte.pdf" target="_blank">http://www.wrightslaw.com/idea/law/idea.regs.subparte.pdf</a></p><p></p><p>It appears to me that the school is making a much bigger deal of this than it warrants from what you have shared. It absolutely is moving much more quickly than is necessary as far as I can tell. IDEA says they must hold the hearing within 10 school days of deciding to change his placement. If the first time you were given written notice was Friday then I would guess that you have reasonable grounds to request a delay at least for the full 10 school days.</p><p></p><p>Ideally, it would be perfect if you have a copy of a note or other evidence of an exchange with teachers or staff about the bullying your son was experiencing. Expect that anyone at the school who had a conversation about this with you will lie at the hearing and deny any such conversation. That advice is based on personal experience. Even if you can't prove it the advocate needs to know about it in case it is not included in the documentation from the school.</p><p></p><p>And I would call the psychiatrist, fax his/her office, leave voice mails on his/her cell - whatever you can do to get in contact tomorrow.</p><p></p><p>My advice to you still holds - you need an advocate if at all possible. If you can find someone who includes their e-mail address on their website or some other contact information you should call/send them an e-mail tonight.</p><p></p><p>If you're not able to find someone who can respond to the school district tomorrow I would use the info in the first link to write a letter that you will need to hand deliver to the head of Special Education and the principal requesting a delay. Insist on seeing the letter you wrote date stamped and ask for a copy of the date stamped letter. Use the language he suggests as it implies the district is foolish to proceed without giving you adequate time to prepare. In addition to hand delivering the letter, fax it from a machine that you can print out the fax report showing that the letter was faxed to both places.</p><p></p><p>I am just guessing here but I suspect that the fact that they already filled out the paperwork to show that the incident was NOT a manifestation of disability could be grounds for a procedural complaint to the State Dept of Ed. Don't let it take priority over finding an advocate or getting the psychiatrist to respond but if you have time tomorrow call your State Dept. of Ed and ask them about that.</p><p></p><p>Good luck. Let us know how things go.</p><p></p><p>Patricia</p></blockquote><p></p>
[QUOTE="rlsnights, post: 408610, member: 7948"] You should follow this link for very specific information on handling this kind of hearing. Note that you can ask for a delay. Also I would say that they have not given adequate notice and you can request a delay on those grounds alone. [url]http://wrightslaw.com/info/discipl.mdr.strategy.htm[/url] And you should read and *know* everything in the text of IDEA regulations that applies. You can find that info here [url]http://www.wrightslaw.com/idea/law/idea.regs.subparte.pdf[/url] It appears to me that the school is making a much bigger deal of this than it warrants from what you have shared. It absolutely is moving much more quickly than is necessary as far as I can tell. IDEA says they must hold the hearing within 10 school days of deciding to change his placement. If the first time you were given written notice was Friday then I would guess that you have reasonable grounds to request a delay at least for the full 10 school days. Ideally, it would be perfect if you have a copy of a note or other evidence of an exchange with teachers or staff about the bullying your son was experiencing. Expect that anyone at the school who had a conversation about this with you will lie at the hearing and deny any such conversation. That advice is based on personal experience. Even if you can't prove it the advocate needs to know about it in case it is not included in the documentation from the school. And I would call the psychiatrist, fax his/her office, leave voice mails on his/her cell - whatever you can do to get in contact tomorrow. My advice to you still holds - you need an advocate if at all possible. If you can find someone who includes their e-mail address on their website or some other contact information you should call/send them an e-mail tonight. If you're not able to find someone who can respond to the school district tomorrow I would use the info in the first link to write a letter that you will need to hand deliver to the head of Special Education and the principal requesting a delay. Insist on seeing the letter you wrote date stamped and ask for a copy of the date stamped letter. Use the language he suggests as it implies the district is foolish to proceed without giving you adequate time to prepare. In addition to hand delivering the letter, fax it from a machine that you can print out the fax report showing that the letter was faxed to both places. I am just guessing here but I suspect that the fact that they already filled out the paperwork to show that the incident was NOT a manifestation of disability could be grounds for a procedural complaint to the State Dept of Ed. Don't let it take priority over finding an advocate or getting the psychiatrist to respond but if you have time tomorrow call your State Dept. of Ed and ask them about that. Good luck. Let us know how things go. Patricia [/QUOTE]
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