Education issues while in detention progrm

Discussion in 'Special Ed 101' started by horserider, Sep 22, 2009.

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  1. horserider

    horserider New Member

    We just came from court, requesting an alternative placement for our son who is in a program throught the JJC (detention). They turned us down. Our issue is they are not giving our son the classes he needs to graduate on time. IE: Biology is the highest science they offer, where our difficult child completed and received credit for BIO 2 yrs. ago. He is EI certified and has never failed a grade.

    I have a battle on my hands. I told the judge his home school will accept credit but not for classes he already had, which will put him behind. He is in 11th grade, needs for example Algebra 2 to graduate, should be in Geometry right now. They basically told us well he needs to "earn" his way out of here, go back to his home school and take summer school classes for what he missed while he is here! We just want him in the level classes his school scheduled him in, before we realized he would be in detention.

    I read a law regarding transfers to another district, which is where we are, that states "new district must provide FAPE, education comparable to that in the childs existing IEP, in effect until a new IEP is developed. They tested our son without having a copy of his IEP which state specific accomadations for testing (test verbally read, in a quiet, seperate resource room, etc)
    I am requesting and IEP meeting asap, do you think I should hire an Special Education. attorney?


    difficult child - 16 yr. BiPolar (BP), ADHD
  2. klmno

    klmno Active Member

    Well, this is where the kid learns that messing up effects his education, goals and everything else. If he's on an IEP, he stays on an IEP, but he's not privy to classes or an educational program that the other kids in there are not- such as advanced classes if no one else has them.

    When my son was in the local detention center they got the equivalent of about 2 hours education a day- it was nothing. He's on an IEP so they had to give him whatever accommodations that requires, but not his typical mainstream class program. When he was moved to state Department of Juvenile Justice, he actually became better off because they have a separate school on campus thaat offers closer to a regular mainstream education, however, they don't have the same advanced classes. They do work with us on finding a way to help my son meet his educational goals as long as my son does his part. Now, apparently it hasn't always been that good but got better when they put the Department of Juvenile Justice school back under the control of DOE instead of under the control of Department of Juvenile Justice.

    Sorry, but I don't think you have much of a leg to stand to on this one. If he's on an IEP, they have to give those accommodations because it's federal law but that's it.
  3. rlsnights

    rlsnights New Member

    You might look up manifestation meetings to see if that applies to your situation at all. Don't have time to do it myself today. But it has something to do with determining whether a discipline problem is a result of the student's disability or not. I doubt it applies but it's the only thing I could think to suggest.

    I pretty much agree with klmno - he gets to experience the complete range of unpleasant consequences of his choices. I guess I would say that he needs to be learning something besides Algebra and Chemistry while he's in Department of Juvenile Justice. If he's always done well at school and enjoyed the intellectual stimulation it may be very helpful for him to discover just how utterly boring it is to be locked up.

    Since I don't know a lot about your situation I can't say how much this approach applies. Perhaps the threat of not graduating with his friends on time will help motivate him to stay out of trouble/stay in treatment = whatever landed him in Department of Juvenile Justice.
  4. horserider

    horserider New Member

    Well I guess here's where being an advocate mom paid off. I spoke with the Juvenile Justice Department at the state level. They said our son did have rights under IDEA to be educated "comparable to that of his district school". I was also informed they should have requested an IEPC in that instead of one hour a day in the resource room which is what his current IEP states, he is spending 100% of his time in Special Education, with all EI certified teachers, all day. They were very informative, even gave me a Special Education attorney referal. The Juvenile Justice Department contacted the superintendent at our ISD, who in turn contacted me to see if I needed help. I was pleasantly surprised. I told him I would make one more phone call and let him know. I don't want to cause problems, just wanted to see what rights my difficult child had.

    I called my contact at the JJC school and explained since my son is requesting his level work and wants to work towards his credits, can they accomodate these levels? They finally agreed, the conversation went pretty well. So one battle won. Now it's up to my difficult child again to work hard to earn these credits.

    Thanks for your help
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