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Special Ed 101
Can the school do this???
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<blockquote data-quote="Martie" data-source="post: 5896" data-attributes="member: 284"><p>I believe what Sara just said is what I said in the original post.</p><p></p><p>All you need is</p><p></p><p></p><p><a href="http://idea.ed.gov/explore/view/p/,root,regs,300,D,300%252E321" target="_blank">http://idea.ed.gov/explore/view/p/,root,regs,300,D,300%2E321</a>,</p><p></p><p>Sec. 300.321 IEP Team.</p><p></p><p>(a) General. The public agency must ensure that the IEP Team for each child with a disability includes--</p><p>(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate;</p><p></p><p>I said "specific" or "particular" knowledge--the law actually does not even narrow it that far. How I get my knowldge is read the kid's file? Another way would be to be his aunt or neighbor. A third way would be to discuss the child's problems with a good listener. The SD has no basis in law to challenge the person's knowledge of the child. It is only in court that you have to be qualified as an expert witness (if you are one.)</p><p></p><p>The SD does not have to PROVIDE a note taker but I do not see how they can prevent a person present from taking notes.</p><p></p><p>I would later use the notes to write a "memo of understanding" stating that it is to become part of the child's record. This should only be used for discussions that do not get written into the IEP. Anything "agreed to" must be in the IEP or it never happened.</p><p></p><p>So, the problem originates in giving the person with knowledge a role as "note taker" in writing to the SD. What this would inspire me to do is bring three people with "knowldge" and have them all take notes on different people. There is nothing the SD can do about this except disbancd the meeting. If this happens, file a complaint but DO NOT go on without a person with you. in my opinion a SD that would disband a meeting over this is up to no good anyway.</p><p></p><p>I cannot OVER stress how easy it is to have KNOWLEDGE of the child. Knowledge of the law takes a bit longer but you are not going to say this person is your advocate.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 5896, member: 284"] I believe what Sara just said is what I said in the original post. All you need is [url]http://idea.ed.gov/explore/view/p/,root,regs,300,D,300%252E321[/url], Sec. 300.321 IEP Team. (a) General. The public agency must ensure that the IEP Team for each child with a disability includes-- (6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; I said "specific" or "particular" knowledge--the law actually does not even narrow it that far. How I get my knowldge is read the kid's file? Another way would be to be his aunt or neighbor. A third way would be to discuss the child's problems with a good listener. The SD has no basis in law to challenge the person's knowledge of the child. It is only in court that you have to be qualified as an expert witness (if you are one.) The SD does not have to PROVIDE a note taker but I do not see how they can prevent a person present from taking notes. I would later use the notes to write a "memo of understanding" stating that it is to become part of the child's record. This should only be used for discussions that do not get written into the IEP. Anything "agreed to" must be in the IEP or it never happened. So, the problem originates in giving the person with knowledge a role as "note taker" in writing to the SD. What this would inspire me to do is bring three people with "knowldge" and have them all take notes on different people. There is nothing the SD can do about this except disbancd the meeting. If this happens, file a complaint but DO NOT go on without a person with you. in my opinion a SD that would disband a meeting over this is up to no good anyway. I cannot OVER stress how easy it is to have KNOWLEDGE of the child. Knowledge of the law takes a bit longer but you are not going to say this person is your advocate. Martie [/QUOTE]
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Can the school do this???
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