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Special Ed 101
Have I gone too far???
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<blockquote data-quote="Martie" data-source="post: 10885" data-attributes="member: 284"><p>If this letter hasn't been sent, I would suggest you change the first reference to Section 504, if your son has an IEP.</p><p></p><p>You have many of the citations below, I would just say "IDEA 2004."</p><p></p><p>If anything, this letter says TOO much because you have laid out your whole Due Process case.</p><p></p><p>I also agree with Sheila, however. This certainly puts them "on notice." If it has not been sent, I would cut some of the "you don't live with him 24 hours per day" but not cut the "we know him better than you do." The parts about physicians are very well-stated.</p><p></p><p>The reason I would take the "we live with him" part out is I tried this and was told not only that it was my job--but it was used vs us to show that we didn't "want" our child. What I thought I ws saying is, "if he gets worse, we will not be able to manage," how it was construed is, "we are neglectful and want to dump him--besides, he's adopted so of course we would want that."</p><p></p><p>As far as the 10 day notice, I'm not sure what Sheila is referring to. If you are considering putting him in a private placement at your own expense due to denial of FAPE, I would get legal advice BEFORE doing that. I did that, and made a couple of minor errors, but those errors later barred any reimbursement.</p><p></p><p>You also cannot file in court without going through the administrative procedures. HOWEVER, no new information can be introduced in court that was not brought out at the DP hearing. Therefore, there is a HUGE burden on parents to get it right at DP.</p><p></p><p>I am sorry for your painful situation. I have been where you are without the clear cut medical issues. The only positive thing I can think of is that it is somewhat easier to win when a SD is doing exactly what yours is: trying to override an MD--dispense medications at their own discretion, denying more than one diagnosis, etc.</p><p></p><p>Martie :warrior:</p></blockquote><p></p>
[QUOTE="Martie, post: 10885, member: 284"] If this letter hasn't been sent, I would suggest you change the first reference to Section 504, if your son has an IEP. You have many of the citations below, I would just say "IDEA 2004." If anything, this letter says TOO much because you have laid out your whole Due Process case. I also agree with Sheila, however. This certainly puts them "on notice." If it has not been sent, I would cut some of the "you don't live with him 24 hours per day" but not cut the "we know him better than you do." The parts about physicians are very well-stated. The reason I would take the "we live with him" part out is I tried this and was told not only that it was my job--but it was used vs us to show that we didn't "want" our child. What I thought I ws saying is, "if he gets worse, we will not be able to manage," how it was construed is, "we are neglectful and want to dump him--besides, he's adopted so of course we would want that." As far as the 10 day notice, I'm not sure what Sheila is referring to. If you are considering putting him in a private placement at your own expense due to denial of FAPE, I would get legal advice BEFORE doing that. I did that, and made a couple of minor errors, but those errors later barred any reimbursement. You also cannot file in court without going through the administrative procedures. HOWEVER, no new information can be introduced in court that was not brought out at the DP hearing. Therefore, there is a HUGE burden on parents to get it right at DP. I am sorry for your painful situation. I have been where you are without the clear cut medical issues. The only positive thing I can think of is that it is somewhat easier to win when a SD is doing exactly what yours is: trying to override an MD--dispense medications at their own discretion, denying more than one diagnosis, etc. Martie [img]:warrior:[/img] [/QUOTE]
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