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Special Ed 101
Pushing difficult child 2 out of self contained classroom
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<blockquote data-quote="slsh" data-source="post: 406205" data-attributes="member: 8"><p>Actually, I believe anyone can request a reevaluation - SD *or* parents - at any given time. TeDo is correct in that you don't have to give consent but I think there are serious ramifications if you don't consent. I think the most recent changes to IDEA say that if parent doesn't agree, it absolves SD of providing sped services (used to be they would take parents to due process to force evaluation). Have you had the domain mtg yet (where they decide which areas to evaluate)? My biggest concern would be that they're going to try to find him ineligible for sped services, esp for the bipolar. You probably want to make sure they not only do an Occupational Therapist (OT) evaluation for the writing, but also an assistive technology evaluation, as well as psychological evaluation. Since he's been hospitalized recently, you might also want to consider getting copies of whatever evaluations the hospital did so you can review them and share with- SD if you think it's appropriate (I *never* gave permission for SD to communicate directly with- hospitals/psychiatrists/tdocs - if they wanted that info, it had to come thru me first). </p><p></p><p>Is use of the alpha-smart in IEP? Is no homework in IEP? Is scribe in his IEP?</p><p></p><p>What's the infamous quote about placement? Something about it not being a physical place, but the programming. That's how they're going to try to get around the self-contained setting. Since he's doing so poorly academically now, I think you have some proof (at the SD's hands, which always helps) that current "placement" out of self-contained is not appropriate. Is he receiving all supports and services in the mainstream classroom that he received in the self-contained? And are those supports documented in prior IEP? If he's not getting the same supports, they have changed placement without an IEP mtg. If he is getting the same supports, they have not changed placement. (I know - they really have, but not in the eyes of IDEA - it's utterly maddening!) </p><p></p><p>As far as teacher's assessment that he's lazy, I'd ask for the objective testing that backs that finding.</p><p></p><p>It's beyond inappropriate that a notice of an IEP mtg is sent home with a student. I would most *definitely* bring that up at the IEP mtg and make sure it gets documented in the mtg notes. You are entitled to 10 days' prior written notice of an IEP mtg. I would also get it documented in the IEP mtg notes that teacher advised you of IL's attempt to place all students in reg. ed. Not saying that that is true (though it would not surprise me in the slightest), but that is just such a grossly inappropriate statement in regards to a student who currently is supposed to be receiving sped services. IDEA trumps whatever cost-cutting tactics this state is attempting. </p><p></p><p>Finally - I would very very *very* strongly advise you to see if you can find an advocate to attend IEP mtg with- you. If you have to reschedule, do it. If they balk, tough. At the very least, you didn't get your 10 day's notice of the mtg and you are absolutely entitled to that by law. Again, my concern, based on teacher's statements, her pushing your son into mainstream, and the upcoming transition to junior high, is that they are going to try to find him ineligible for sped services - you really need to have an advocate on your side for this mtg, in my humble opinion.</p><p></p><p>As TeDo said, you need to document, document, document. I would try to avoid phone conversations if you can. Much better to get it in writing.</p><p></p><p>And just a personal note - I would absolutely flip my bacon if my kid's teacher sent her *son* over with- to my home with- homework, to say nothing of her showing up on my doorstep herself. Are you *kidding* me? If she's got that much time to spare, she can provide after school assistance with the homework, *at* the school. That is seriously crossing a line in my book.</p></blockquote><p></p>
[QUOTE="slsh, post: 406205, member: 8"] Actually, I believe anyone can request a reevaluation - SD *or* parents - at any given time. TeDo is correct in that you don't have to give consent but I think there are serious ramifications if you don't consent. I think the most recent changes to IDEA say that if parent doesn't agree, it absolves SD of providing sped services (used to be they would take parents to due process to force evaluation). Have you had the domain mtg yet (where they decide which areas to evaluate)? My biggest concern would be that they're going to try to find him ineligible for sped services, esp for the bipolar. You probably want to make sure they not only do an Occupational Therapist (OT) evaluation for the writing, but also an assistive technology evaluation, as well as psychological evaluation. Since he's been hospitalized recently, you might also want to consider getting copies of whatever evaluations the hospital did so you can review them and share with- SD if you think it's appropriate (I *never* gave permission for SD to communicate directly with- hospitals/psychiatrists/tdocs - if they wanted that info, it had to come thru me first). Is use of the alpha-smart in IEP? Is no homework in IEP? Is scribe in his IEP? What's the infamous quote about placement? Something about it not being a physical place, but the programming. That's how they're going to try to get around the self-contained setting. Since he's doing so poorly academically now, I think you have some proof (at the SD's hands, which always helps) that current "placement" out of self-contained is not appropriate. Is he receiving all supports and services in the mainstream classroom that he received in the self-contained? And are those supports documented in prior IEP? If he's not getting the same supports, they have changed placement without an IEP mtg. If he is getting the same supports, they have not changed placement. (I know - they really have, but not in the eyes of IDEA - it's utterly maddening!) As far as teacher's assessment that he's lazy, I'd ask for the objective testing that backs that finding. It's beyond inappropriate that a notice of an IEP mtg is sent home with a student. I would most *definitely* bring that up at the IEP mtg and make sure it gets documented in the mtg notes. You are entitled to 10 days' prior written notice of an IEP mtg. I would also get it documented in the IEP mtg notes that teacher advised you of IL's attempt to place all students in reg. ed. Not saying that that is true (though it would not surprise me in the slightest), but that is just such a grossly inappropriate statement in regards to a student who currently is supposed to be receiving sped services. IDEA trumps whatever cost-cutting tactics this state is attempting. Finally - I would very very *very* strongly advise you to see if you can find an advocate to attend IEP mtg with- you. If you have to reschedule, do it. If they balk, tough. At the very least, you didn't get your 10 day's notice of the mtg and you are absolutely entitled to that by law. Again, my concern, based on teacher's statements, her pushing your son into mainstream, and the upcoming transition to junior high, is that they are going to try to find him ineligible for sped services - you really need to have an advocate on your side for this mtg, in my humble opinion. As TeDo said, you need to document, document, document. I would try to avoid phone conversations if you can. Much better to get it in writing. And just a personal note - I would absolutely flip my bacon if my kid's teacher sent her *son* over with- to my home with- homework, to say nothing of her showing up on my doorstep herself. Are you *kidding* me? If she's got that much time to spare, she can provide after school assistance with the homework, *at* the school. That is seriously crossing a line in my book. [/QUOTE]
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