When did the laws change??

Discussion in 'Special Ed 101' started by Kjs, May 29, 2007.

  1. Kjs

    Kjs Guest

    I updated my post from yesterday regarding signing IEP.
    I was told today from special education director from the district office that the laws have changed and they no longer need our signature on IEP's. Only for initial placement into the program. I was also told that we (parents) have no say so as far as placement goes. We cannot remove him from sepecial ed. if we wanted to.
    So, if some miracle were to happen and he matured, and was doing well, we could not have him removed from the program.
    That is why we did NOT agree to put him in for so long. We were assured and reassured that we could pull him out at anytime.
    Now we are afraid we will be at the mercy of the school district forever!
     
  2. JJJ

    JJJ Active Member

    I'm sure someone more knowledgeable will be along shortly. But I believe the school district is right. They do not need your signature. However, you have the right to reconvene the IEP whenever you want. So it is in the school district's best interest to work with you. Otherwise they could force an IEP on you on Tuesday, you could stop at the post office on your way home and send them a certified e-mail reconvening and go through it over and over.

    I think they are wrong about not allowing him out of Special Education. I believe that was a recent law change that allows parents to refuse all Special Education services (does not apply to placements done because the child was shown to be a danger to others).

    Is there something particular your school district is forcing on you? or refusing to provide?
     
  3. Kjs

    Kjs Guest

    I don't see anything different than if difficult child were not in Special Education. He gets in more trouble than others for reasons I feel is brought about by the staff. If someone pushes him and he yells back, he is removed from class. I question why, when he was reacting. What about the "pusher". I am told they cannot talk about anyone else. difficult child says nothing ever happens to anyone else.
    The teachers do nothing but yell at him. It is just driving me nuts. They know, if you yell at him, he will come right back at you. There is nothing in place at this time. They changed his schedule around in mid April. Anything that was on there, such as go to resource room with spec. Ed teacher to settle down...he was moved into the room WITH her, so there is nothing valid on IEP anylonger.
    The School didn't offer any help. I had to request everything.
     
  4. Sheila

    Sheila Moderator

    Prioritize your worries. Pulling difficult child out of special education is not something you need to worry about right now -- put it on the back burner.

    They are giving you so much misinformation.... When they say things like this, calmly say, "I'm going to need that regulation in writing." You won't get it because it doesn't exist!

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">I was also told that we (parents) have no say so as far as placement goes. </div></div>

    From the US Dept of Education @ http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C :

    Sec. 300.116 Placements.
    In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency (school district) must ensure that--

    (a) The placement decision--

    (1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options;...

    From the same resource:
    Regulations: Part 300 / E / 300.501 / b


    (b) Parent participation in meetings.

    (1) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to--

    (i) The identification, evaluation, and educational placement of the child; and

    (ii) The provision of FAPE to the child.


    Get a good advocate or the biggest, baddest education attorney you can find.
     
  5. SRL

    SRL Active Member

    In some states (Illinois for instance) signature on an IEP is only a statement of having been present for the IEP meeting. It does not signify agreement with the contents of the IEP.

    Your son doesn't have many years left in the public school system and with the cluster of disorders you are looking at along with the male hormone factor I wouldn't worry about pulling him out of Special Education. I'd be far more concerned about getting appropriate placement and supports in place for him.

    My difficult child has had an IEP for 5 years and is at the point now where he has a minimal IEP due to steady progression but I'll push to keep it that way because of the level of protection an IEP gives him.
     
  6. Kjs

    Kjs Guest

    Thank you so much. The only trouble I have with all the links, for advocates, is Wisconsin is not a state on their site. Or The other one I checked into only has an office in Milwaukee and Madison.
    Another link/search for advocate brought me only to attorneys.
     
  7. Martie

    Martie Moderator

    In 2004 IDEA changed. Now that signature given, for example, when a child was in 2nd grade, cannot be used forever by the school district to keep a child in Sp ed. This is in-line with common law that allows one to withdraw consent.

    HOWEVER, if a parent withdraws consent, ALL benefits of Sp Ed are lost (makes sense) AND normal discipline applies. This means that a difficult child can be permanently expelled which CANNOT happen legally with an IEP qualified student. From my point of view, the best reason to have our type of difficult children in Special Education often is the legal protection vs arbitrary discipline and expulsion that it conveys.

    My ex-difficult child got almost nothing that would be considered "typical" special education but when the going got tough, they could not unload him in middle school--and that was the point of qualifying him in the first place. It worked in middle school and although he did not attend a public high school--our choice----I did keep him registered as a public Special Education studetn as a "back up" and he remained their legal responsibility (nightmare) until I notified them that he graduated from h.s. in May 2005.

    I cannot emphasize enough that you will get REALLY different services and treatment as a parent if you know the law. I lOVE Sheila's technique of asking for their "legal pronouncements" in writing--they can't produce because they are either ignorant or lying or both.

    Martie
     
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