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<blockquote data-quote="Martie" data-source="post: 105034" data-attributes="member: 284"><p>Smallworld,</p><p></p><p>I agree with most of what Sheila says, but I would send the evaluation request YESTERDAY by certified mail. It starts the time-line. I would also go register him in your home SD NOW....he is not currently attending due to a medical problem that you are addressing. MAKE HIM THEIRS ASAP. You have complications I did not have, but where the private school is located is irrelevant. </p><p></p><p>Here is how I handled a very similar problem for ex-difficult child when he was in EGBS: his triennial evaluation. was overdue by 5 months, and he was in MA. Of course, it was AMA of not one but two psychiatrists to bring him back to IL for an evaluation, so I got a letter from the EGBS allowing the SD to have access to him as long as they were not "disruptive." We were going to DP and I was FINE with the SD going with no data on him since he was 11....I had tons of IEs (which you will have also and the SD MUST consider them and MAY adopt as their own) but the SD figured out that with no current evaluation, they had nothing to stand on, so they flew a three person evaluation team to MA for two days. The H.O. found that we did "make our child available" within the boundaries of medical advice. It was further complicated by the Mental Health Act of IL which require the signature of a child over 12 for both testing AND release of records. I got ex-difficult child to sign, but they never appreciated that. I do not know WHAT would have happened if IL MHA had been in conflict with IDEA. There is NO WAY a judge could have compelled ex-difficult child's signature because his life was being PROTECTED where he was; the only way an evaluation can be done in IL without the minor's signature is by court order that the minor is in danger.</p><p></p><p>How this is different than what you are facing is that ex-difficult child HAD an IEP that confers rights that you and your son do not currently have. I agree with Sheila that it is unlikely that the SD will agree to a direct therapeutic placement due to LRE despite the recent supreme court 4-4 decision in NYC, and a private 60 day residential evaluation you are providing. The evaluating team for ex-difficult child recommended that the public high school of 4000 could provide a program equivalent to EGBS! In the end, however, I lost at DP due to a time-line technicality. </p><p></p><p>Like your son, there is NO WAY after EGBS ex-difficult child was going back to where he had failed once, and he did not. He graduated from a private high school that did not have to take him and with an IEP dating from 8th grade because it was his last valid IEP--that was kept within the public school. I never gave his IEP to the high school he attended for his final two years. I kept ex-difficult child enrolled in my school district until he had a h.s. diploma. Every semester, they UNenrolled him and every semester I sent a CERTIFIED letter saying he was an IEP qualified resident of the district who was "temporarily" in a private school that had no legal duty to educate him, but MY SD had that legal duty. Eventually the SD started to hope (pray) he would graduate and they would never see him again, but I never let them off the hook. I did not seek reimbursement for the conservatory h.s. because it was not a Special Education placement and ex-difficult child was there due to his strengths, not his disability. </p><p></p><p>One final note on how strong the SD duty to educate is: ex-difficult child was failing English first semester of his senior year in h.s. I called the public school to notify that if he failed, he would be enrolling in the public h.s. in January because he had PLENTY of Carnegie units to graduate, but IL requires four years of English, so he would need two English classes second semester and nothing else.... the NEW director of Sp Ed who had never met us, but you can bet she had heard lots, offered a TUTOR to keep ex-difficult child in private school (that we were paying for) because he was so talented that it would be a shame to have him not graduate from where he was. Yeah right....they just did not want him for two periods a day. I thought it would be very funny if after all they did, ex-difficult child got diploma from one of the best high schools in the nation by passing two English classes. The law does not provide for everything, and this is an example and so is your situation. I did not WANT ex-difficult child to go to the public h.s. for 2 English classes, but I also did not want him to get a GED and the conservatory h.s. was too small to double up on English the way a huge high school can. What happened is when the private high school realized I was serious that ex-difficult child was going to post secondary education in the fall of 2005 one way or the other, regardless of what happened to his English grade, they "reevaluated" his work and he got a D. I rather think they did not want the only musician they have had (so far) get into Juilliard, to drop out due to an academic grade; and I'm quite sure they pressured the English teacher. Did ex-difficult child deserve to fail? Probably, but by that time, I just wanted him out of h.s. in whatever way would work. The moral is the squeaky wheel always gets the grease and the kids who have parents who can pay for private services and fight the SD at the same time, always get a better deal. It is not fair, but little in life is, but it is very, very true in Special Education. service delivery.</p><p></p><p>I am sorry your difficult child is in residential. It is traumatic, especially at this time of year. I hope you get a good evaluation and recommendation out of it. As you know, I feel that EGBS was the best decision I made as a parent but I am not suggesting that every child needs long term residential Tx...but mine did.</p><p></p><p>Best to you,</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 105034, member: 284"] Smallworld, I agree with most of what Sheila says, but I would send the evaluation request YESTERDAY by certified mail. It starts the time-line. I would also go register him in your home SD NOW....he is not currently attending due to a medical problem that you are addressing. MAKE HIM THEIRS ASAP. You have complications I did not have, but where the private school is located is irrelevant. Here is how I handled a very similar problem for ex-difficult child when he was in EGBS: his triennial evaluation. was overdue by 5 months, and he was in MA. Of course, it was AMA of not one but two psychiatrists to bring him back to IL for an evaluation, so I got a letter from the EGBS allowing the SD to have access to him as long as they were not "disruptive." We were going to DP and I was FINE with the SD going with no data on him since he was 11....I had tons of IEs (which you will have also and the SD MUST consider them and MAY adopt as their own) but the SD figured out that with no current evaluation, they had nothing to stand on, so they flew a three person evaluation team to MA for two days. The H.O. found that we did "make our child available" within the boundaries of medical advice. It was further complicated by the Mental Health Act of IL which require the signature of a child over 12 for both testing AND release of records. I got ex-difficult child to sign, but they never appreciated that. I do not know WHAT would have happened if IL MHA had been in conflict with IDEA. There is NO WAY a judge could have compelled ex-difficult child's signature because his life was being PROTECTED where he was; the only way an evaluation can be done in IL without the minor's signature is by court order that the minor is in danger. How this is different than what you are facing is that ex-difficult child HAD an IEP that confers rights that you and your son do not currently have. I agree with Sheila that it is unlikely that the SD will agree to a direct therapeutic placement due to LRE despite the recent supreme court 4-4 decision in NYC, and a private 60 day residential evaluation you are providing. The evaluating team for ex-difficult child recommended that the public high school of 4000 could provide a program equivalent to EGBS! In the end, however, I lost at DP due to a time-line technicality. Like your son, there is NO WAY after EGBS ex-difficult child was going back to where he had failed once, and he did not. He graduated from a private high school that did not have to take him and with an IEP dating from 8th grade because it was his last valid IEP--that was kept within the public school. I never gave his IEP to the high school he attended for his final two years. I kept ex-difficult child enrolled in my school district until he had a h.s. diploma. Every semester, they UNenrolled him and every semester I sent a CERTIFIED letter saying he was an IEP qualified resident of the district who was "temporarily" in a private school that had no legal duty to educate him, but MY SD had that legal duty. Eventually the SD started to hope (pray) he would graduate and they would never see him again, but I never let them off the hook. I did not seek reimbursement for the conservatory h.s. because it was not a Special Education placement and ex-difficult child was there due to his strengths, not his disability. One final note on how strong the SD duty to educate is: ex-difficult child was failing English first semester of his senior year in h.s. I called the public school to notify that if he failed, he would be enrolling in the public h.s. in January because he had PLENTY of Carnegie units to graduate, but IL requires four years of English, so he would need two English classes second semester and nothing else.... the NEW director of Sp Ed who had never met us, but you can bet she had heard lots, offered a TUTOR to keep ex-difficult child in private school (that we were paying for) because he was so talented that it would be a shame to have him not graduate from where he was. Yeah right....they just did not want him for two periods a day. I thought it would be very funny if after all they did, ex-difficult child got diploma from one of the best high schools in the nation by passing two English classes. The law does not provide for everything, and this is an example and so is your situation. I did not WANT ex-difficult child to go to the public h.s. for 2 English classes, but I also did not want him to get a GED and the conservatory h.s. was too small to double up on English the way a huge high school can. What happened is when the private high school realized I was serious that ex-difficult child was going to post secondary education in the fall of 2005 one way or the other, regardless of what happened to his English grade, they "reevaluated" his work and he got a D. I rather think they did not want the only musician they have had (so far) get into Juilliard, to drop out due to an academic grade; and I'm quite sure they pressured the English teacher. Did ex-difficult child deserve to fail? Probably, but by that time, I just wanted him out of h.s. in whatever way would work. The moral is the squeaky wheel always gets the grease and the kids who have parents who can pay for private services and fight the SD at the same time, always get a better deal. It is not fair, but little in life is, but it is very, very true in Special Education. service delivery. I am sorry your difficult child is in residential. It is traumatic, especially at this time of year. I hope you get a good evaluation and recommendation out of it. As you know, I feel that EGBS was the best decision I made as a parent but I am not suggesting that every child needs long term residential Tx...but mine did. Best to you, Martie [/QUOTE]
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