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Special Ed 101
Have I gone too far???
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<blockquote data-quote="Sheila" data-source="post: 10884" data-attributes="member: 23"><p>That should get Mr./Mrs. Superintendent's and Mr./Mrs. Sp Ed Director's attention. :cool:</p><p></p><p>When protocal hasn't worked time after time, and obviously it hasn't, you have to do what you have to do. So no, I don't think you went too far. </p><p></p><p>In fact, you need to print the letter out, sign it, and send it Certified Mail (Superintendent). Otherwise, there may be no formal "notice" in the file to the upper chain of command that there was a problem (allowing deniability). In other words, you have to have proof that you notified the appropriate parties. </p><p></p><p>I'd also send it to West Virginia's State Education Agency, Attention: Special Education Monitoring (via Certified Mail) so that they are "on notice" your sd isn't in compliance. Again, the CM is your proof the appropriate party has been notified. It's their red flag that they need to step in and get things straight in the District.</p><p></p><p>I suspect the Special Education director will be contacting you shortly. Be prepared to tell them what you want in case they ask.</p><p></p><p>If they try to stall or snow you, be prepared to advise them that you will file a formal complaint with the SEA and US Department of Education OR file suit. Then if they don't follow through, do it.</p><p></p><p>I've been in your situation. It's very painful.</p><p></p><p>by the way, you might want to familiarize yourself with the 10-day rule, e.g., change in placement. This is where after 10 days of school suspension, there should be an automatic review of placement. It would be my contention that sending my son home should count. There's a thread in the Sp Ed Archives (page 3 I think) that may be of interest to you.</p><p></p><p>Let us know how the District responds.</p></blockquote><p></p>
[QUOTE="Sheila, post: 10884, member: 23"] That should get Mr./Mrs. Superintendent's and Mr./Mrs. Sp Ed Director's attention. [img]:cool:[/img] When protocal hasn't worked time after time, and obviously it hasn't, you have to do what you have to do. So no, I don't think you went too far. In fact, you need to print the letter out, sign it, and send it Certified Mail (Superintendent). Otherwise, there may be no formal "notice" in the file to the upper chain of command that there was a problem (allowing deniability). In other words, you have to have proof that you notified the appropriate parties. I'd also send it to West Virginia's State Education Agency, Attention: Special Education Monitoring (via Certified Mail) so that they are "on notice" your sd isn't in compliance. Again, the CM is your proof the appropriate party has been notified. It's their red flag that they need to step in and get things straight in the District. I suspect the Special Education director will be contacting you shortly. Be prepared to tell them what you want in case they ask. If they try to stall or snow you, be prepared to advise them that you will file a formal complaint with the SEA and US Department of Education OR file suit. Then if they don't follow through, do it. I've been in your situation. It's very painful. by the way, you might want to familiarize yourself with the 10-day rule, e.g., change in placement. This is where after 10 days of school suspension, there should be an automatic review of placement. It would be my contention that sending my son home should count. There's a thread in the Sp Ed Archives (page 3 I think) that may be of interest to you. Let us know how the District responds. [/QUOTE]
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