TheOnlyMe
Relentless Warrior Mom
***********Posting as Advocate of Parent located in TX**********
Parent has provided recommendation from licensed Physician stating homebound services needed immediately to be reevaluated in 6 weeks. He also specified "student is able to participate in extracurricular activities, ie. credit recovery, electives, lunch, when possible to lessen most restrictive environment." Parent also provided letter from private psychologist stating students anxiety is due to his learning disability and his current placement. This is the second request to be denied by District in two months! The SD policy, TAC, IDEA does not state it is necessary for SD to "speak to Physician" to approve services. Yet, this is the requirement basis they are denying services. Parent refused due to hostile, retaliative nature with SD and her HIPPA rights not to allow access to medical records.
The first time homebound was denied ARDC agreed {after a reconvene}to a transition plan of half days in a computer based credit recovery room. The student had not been successful with transition plan and continue to suffer anxiety and depression, so second Dr. recommended homebound in little over two months. It should also be noted - student has been subject to searches three times and the school resources officers interrogating other students in regards to student being a "well known drug dealer". Student has not ever tested positive for drugs or have a history of conduct disorder!
He also has not received one credit in one year and half due to absences as result of anxiety which is his eligibility determination. The other eligibility is Learning Disability (LD) for written expression and listen comprehension. SD has filed truancy on the first day the student was determined eligible for services. His current PLAFP is ranging from 3.8 to 8.5 (in areas of disability) the School curriculum is only an IB program! Parent and student refuses to leave school and district! They say they are not the only ones being "PUSHED OUT" of this school due to the exemplary status of the school.
REMEDIES ATTEMPTED:
Parent agreed to transition plan of half day to attempt good faith effort.
Parent met with Superintendent today as good faith effort to attempt for him to investigate, prior to proceeding with an OCR complaint/DP in regards to discrimination based upon disability.
Parent has also been in contact with ACLU.
Parent is attempting to contact her Representative for assistance as well. Advocate filed a SEA complaint on the last homebound request due to delay in convening an ARDC and SD filing truancy when student had excused Dr. notes for absences. Prosecutor is attempting to dismiss; parent wants trial to recoup all fines paid for wrongful prosecution.
Advocate Called OCR ATTY contact yesterday, regarding filing complaint and due process at the same time, OCR would not investigate if DP filed after filing the OCR complaint. {Parent has already filed one DP on SD and settled and it is in breach of contract, searching for an attorney to take to court}
Posting for any creative suggestions!!!!!
Parent has provided recommendation from licensed Physician stating homebound services needed immediately to be reevaluated in 6 weeks. He also specified "student is able to participate in extracurricular activities, ie. credit recovery, electives, lunch, when possible to lessen most restrictive environment." Parent also provided letter from private psychologist stating students anxiety is due to his learning disability and his current placement. This is the second request to be denied by District in two months! The SD policy, TAC, IDEA does not state it is necessary for SD to "speak to Physician" to approve services. Yet, this is the requirement basis they are denying services. Parent refused due to hostile, retaliative nature with SD and her HIPPA rights not to allow access to medical records.
The first time homebound was denied ARDC agreed {after a reconvene}to a transition plan of half days in a computer based credit recovery room. The student had not been successful with transition plan and continue to suffer anxiety and depression, so second Dr. recommended homebound in little over two months. It should also be noted - student has been subject to searches three times and the school resources officers interrogating other students in regards to student being a "well known drug dealer". Student has not ever tested positive for drugs or have a history of conduct disorder!
He also has not received one credit in one year and half due to absences as result of anxiety which is his eligibility determination. The other eligibility is Learning Disability (LD) for written expression and listen comprehension. SD has filed truancy on the first day the student was determined eligible for services. His current PLAFP is ranging from 3.8 to 8.5 (in areas of disability) the School curriculum is only an IB program! Parent and student refuses to leave school and district! They say they are not the only ones being "PUSHED OUT" of this school due to the exemplary status of the school.
REMEDIES ATTEMPTED:
Parent agreed to transition plan of half day to attempt good faith effort.
Parent met with Superintendent today as good faith effort to attempt for him to investigate, prior to proceeding with an OCR complaint/DP in regards to discrimination based upon disability.
Parent has also been in contact with ACLU.
Parent is attempting to contact her Representative for assistance as well. Advocate filed a SEA complaint on the last homebound request due to delay in convening an ARDC and SD filing truancy when student had excused Dr. notes for absences. Prosecutor is attempting to dismiss; parent wants trial to recoup all fines paid for wrongful prosecution.
Advocate Called OCR ATTY contact yesterday, regarding filing complaint and due process at the same time, OCR would not investigate if DP filed after filing the OCR complaint. {Parent has already filed one DP on SD and settled and it is in breach of contract, searching for an attorney to take to court}
Posting for any creative suggestions!!!!!