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We are going to Due Process
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<blockquote data-quote="slsh" data-source="post: 108161" data-attributes="member: 8"><p>Since it's not a disciplinary change of placement, they absolutely positively *cannot* change her placement without approval of team. </p><p></p><p>Some quotes from IDEA:</p><p></p><p>``(e) Educational Placements.--Each local educational agency or </p><p>State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child."</p><p></p><p>Unilateral change of placement by SD but this *only* pertains to discipline so it does not apply here:</p><p></p><p>``(A) Case-by-case determination.--School personnel </p><p>may consider any unique circumstances on a case-by-case </p><p>basis when determining whether to order a change in </p><p>placement for a child with a disability who violates a </p><p>code of student conduct.</p><p>``(B) Authority.--School personnel under this </p><p>subsection may remove a child with a disability who </p><p>violates a code of student conduct from their current </p><p>placement to an appropriate interim alternative </p><p>educational setting, another setting, or suspension, for </p><p>not more than 10 school days (to the extent such </p><p>alternatives are applied to children without </p><p>disabilities).</p><p></p><p>ARGH - ISBE is so helpful - all they say about placement during DP is that the statute is repealed... let me slog some more...</p><p></p><p>Ahhhh found it in IDEA.</p><p></p><p>Sec. 300.518 Child's status during proceedings.</p><p></p><p>(a) Except as provided in Sec. 300.533, during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under Sec. 300.507, unless the State or local agency and the parents of the child agree otherwise, the child involved in the complaint must remain in his or her current educational placement.</p><p></p><p>So in my lay opinion, placement cannot change without *team* agreeing. *Team* doesn't agree so SD can just go right ahead and file DP because you don't have to. You've already got the placement you want and team at some point agreed to it.</p><p></p><p>Stay put rule is in effect.</p><p></p><p>Word of warning though - I have dealt with some really low SD staff and attys who stunned me at their complete lack of ethics. I would expect harrassment and retaliation (unprovable) to continue and possibly intensify. The *only* way they can legally change placement is if they get her on a conduct violation. JJJ, I'm truly sorry but I would watch carefully.</p></blockquote><p></p>
[QUOTE="slsh, post: 108161, member: 8"] Since it's not a disciplinary change of placement, they absolutely positively *cannot* change her placement without approval of team. Some quotes from IDEA: ``(e) Educational Placements.--Each local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child." Unilateral change of placement by SD but this *only* pertains to discipline so it does not apply here: ``(A) Case-by-case determination.--School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct. ``(B) Authority.--School personnel under this subsection may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities). ARGH - ISBE is so helpful - all they say about placement during DP is that the statute is repealed... let me slog some more... Ahhhh found it in IDEA. Sec. 300.518 Child's status during proceedings. (a) Except as provided in Sec. 300.533, during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under Sec. 300.507, unless the State or local agency and the parents of the child agree otherwise, the child involved in the complaint must remain in his or her current educational placement. So in my lay opinion, placement cannot change without *team* agreeing. *Team* doesn't agree so SD can just go right ahead and file DP because you don't have to. You've already got the placement you want and team at some point agreed to it. Stay put rule is in effect. Word of warning though - I have dealt with some really low SD staff and attys who stunned me at their complete lack of ethics. I would expect harrassment and retaliation (unprovable) to continue and possibly intensify. The *only* way they can legally change placement is if they get her on a conduct violation. JJJ, I'm truly sorry but I would watch carefully. [/QUOTE]
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