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Special Ed 101
SST meeting.....What do I do to prepare?
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<blockquote data-quote="Martie" data-source="post: 111313" data-attributes="member: 284"><p>There are special rules for drugs, guns and other weapons. In case a child brings those to school, there can be an IMMEDIATE transfer to an "interim alternative placement" (or suspension can also be used if the 10 day limit has not been exceeded) until an "alternative" is found.</p><p></p><p>Absent the drugs and weapons exception, a change of placement is an IEP decision and parents are full participating members of an IEP team. Parents can be intimidated and out-voted, so a placement CAN be changed over the parents' objection but a SD can NEVER deny FAPE. If SDs could deny FAPE at will, many of "our" kids would not be in school and neither would severely disabled kids who are often very expensive to educate. We would be pre-1975 where SDs could say, "We don't educate YOUR type of child...."</p><p></p><p>New revisions to IDEA allow parents to unilaterally withdraw consent for Sp Ed placement but that is almost never a good idea and certainly NOT a good idea for a child with behavior issues. IF a child is out of Sp Ed, then no services are provided (makes sense, the parent withdrew consent) BUT the child is also subject to normal disciplinary procedures. This provision brings consent procedures in line with other civil law (you can usually withdraw consent you have given, for example, for a child to participate in an activity) but just because it is "neater" legally does NOT make it a good idea. I suppose there are situations in which the SD is refusing inclusion and one way to get a child into a regular class is to withdraw consent, but to repeat, this is NOT a good idea for EBD/ODD/ADHD kids who are at risk for suspension and expulsion when NOT in Special Education. This is why I recommend qualifying ALL children before they leave elementary school because Special Education is a service, not a place. The legal protection is worth a lot--at least it was to me--see below.</p><p></p><p>SO IF A SD SAYS, "You can withdraw him from Sp Ed if you don't like our placement," DON'T FALL INTO THAT TRAP!!!!</p><p></p><p>Negotiate through a mediator (all states must have them by law)--effective in some places, not in others---or take the SD to Due Process if you can afford to do that. During the pendancy of the DP Hearing the child "stays put" in the current placement except for drugs and weapons.</p><p></p><p>So if you understand the law, the answer is a PUBLIC school (including a Charter School) cannot EVER expel a Special Education student.</p><p></p><p>I have written at some length about keeping my ex-difficult child registered as a special education student in his home district until he graduated from a private high school because had anything gone wrong at the private (non Special Education) school, the h.s. district would have been obligated to take him immediately. If I had let them drop him from Special Education, then he would have been subject to re-qualification, which might have been difficult at that point (due to improvement in his emotional state). However, I NEVER let them forget that they owed him FAPE ANY TIME his father and I chose to register him in the public school district of our residence. I didn't want that, I wanted him to graduate from the private h.s., but what if they had not wanted to keep him? No legal recourse there, but the public school cannot deny FAPE legally, EVER. As the Supreme Court said "All means ALL" as in ALL children must be educated at public expense.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 111313, member: 284"] There are special rules for drugs, guns and other weapons. In case a child brings those to school, there can be an IMMEDIATE transfer to an "interim alternative placement" (or suspension can also be used if the 10 day limit has not been exceeded) until an "alternative" is found. Absent the drugs and weapons exception, a change of placement is an IEP decision and parents are full participating members of an IEP team. Parents can be intimidated and out-voted, so a placement CAN be changed over the parents' objection but a SD can NEVER deny FAPE. If SDs could deny FAPE at will, many of "our" kids would not be in school and neither would severely disabled kids who are often very expensive to educate. We would be pre-1975 where SDs could say, "We don't educate YOUR type of child...." New revisions to IDEA allow parents to unilaterally withdraw consent for Sp Ed placement but that is almost never a good idea and certainly NOT a good idea for a child with behavior issues. IF a child is out of Sp Ed, then no services are provided (makes sense, the parent withdrew consent) BUT the child is also subject to normal disciplinary procedures. This provision brings consent procedures in line with other civil law (you can usually withdraw consent you have given, for example, for a child to participate in an activity) but just because it is "neater" legally does NOT make it a good idea. I suppose there are situations in which the SD is refusing inclusion and one way to get a child into a regular class is to withdraw consent, but to repeat, this is NOT a good idea for EBD/ODD/ADHD kids who are at risk for suspension and expulsion when NOT in Special Education. This is why I recommend qualifying ALL children before they leave elementary school because Special Education is a service, not a place. The legal protection is worth a lot--at least it was to me--see below. SO IF A SD SAYS, "You can withdraw him from Sp Ed if you don't like our placement," DON'T FALL INTO THAT TRAP!!!! Negotiate through a mediator (all states must have them by law)--effective in some places, not in others---or take the SD to Due Process if you can afford to do that. During the pendancy of the DP Hearing the child "stays put" in the current placement except for drugs and weapons. So if you understand the law, the answer is a PUBLIC school (including a Charter School) cannot EVER expel a Special Education student. I have written at some length about keeping my ex-difficult child registered as a special education student in his home district until he graduated from a private high school because had anything gone wrong at the private (non Special Education) school, the h.s. district would have been obligated to take him immediately. If I had let them drop him from Special Education, then he would have been subject to re-qualification, which might have been difficult at that point (due to improvement in his emotional state). However, I NEVER let them forget that they owed him FAPE ANY TIME his father and I chose to register him in the public school district of our residence. I didn't want that, I wanted him to graduate from the private h.s., but what if they had not wanted to keep him? No legal recourse there, but the public school cannot deny FAPE legally, EVER. As the Supreme Court said "All means ALL" as in ALL children must be educated at public expense. Martie [/QUOTE]
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SST meeting.....What do I do to prepare?
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