Special Education HELP

Discussion in 'Special Ed 101' started by marja5, Jan 26, 2007.

  1. marja5

    marja5 New Member

    My husband and I are in the process of adopting our son and have hit a major barrier with the school system that he attends. He was classified Special Education with another school system and then switched schools. This current school is refusing to accept the classification and are also refusing to retest him stating he does not meet the classifications. The adoption hinges on getting this issue settled. My son is ODD, PTSD, ADHD and has depression issues. I don't know where else to turn. He has been in the system for 16 months now and we feel as though it is time for him to be able to move on with his life. We have several people involved but no one seems to be doing anything. What should we do?
     
  2. Martie

    Martie Moderator

    Welcome to our world!

    I need more information because SDs behave differently with children of various ages.

    Is he currently enrolled in the new school?

    I need to check law on this because I think there was a change in 2004

    It would be helpful if you prepared a signature so we can keep your information in mind. We have lots of members

    Martie
     
  3. Martie

    Martie Moderator


    Section 1414(b(3(D) covers children transferring between SDs. You need to request a full case study evaluation by certified mail. There are link regarding how to do this in the archives of SpEd 101.

    Here is the link to the specific page in WRIGHTSLAW.com where I checked the information.

    http://www.wrightslaw.com/idea/law/section1414.pdf


    If you request by CERTIFIED MAIL, the school district really has no choice unless your request can be shown to be "frivolous" Given your difficult child's Hx and diagnosis, that is not going to fly with a Due Process Hearing Officer,

    Martie
     
  4. Sheila

    Sheila Moderator

    Marti's link contains the following info also. From http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C614%2Cd%2C2%2CC%2C .


    (I) Transfer within the same state.--In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.

    (II) Transfer outside state.--In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency conducts an evaluation pursuant to subsection (a)(1), if determined to be necessary by such agency, and develops a new IEP, if appropriate, that is consistent with Federal and State law.

    In other words, for an in-state transfer, the current IEP is in effect until the new school district reevaluates. There's no guarantee they would find him eligible.
     
  5. marja5

    marja5 New Member

    I am so tired of fighting this battle. My son transfered to his current school in April of last year. He finished out the school year and is still attending the school. The school is a very small school that goes K-12 in one school. They are very close minded with very few if any children of any other race other than white and I beleive my foster children are 2 of maybe 10 in the whole school. I found out from our case worker yesterday that we are having a CFTM on the 7th. My child's GAL is suppose to be in attendance along with a few of the school reps. I hope this can be settled. The school is wanting us to go for 504. The VP of the school is also the coordinator. He has already told me he doesn't think my son will qualify. I just don't know where else to turn and I have already told DCS that the adoption will not be finalized until this is settled.
     
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