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Special Ed 101
HELP! school and law problems
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<blockquote data-quote="Martie" data-source="post: 40120" data-attributes="member: 284"><p>Sorry I have been out of town.</p><p></p><p>This is ABSOLUTELY illegal. Sheila's citation is right on--This is CLEARLY a manifestation of ED. With no drugs or weapons, they need a H.O. to put him in an alternative setting. He is being denied FAPE by being suspended for more than 10 days. You could file for an expedited Due Process Hearing but without representation, I feel like I am sending you (the lamb) to have lunch with the lions--and on the menu is ---MOM</p><p></p><p>Also, because of the "crime spree," they will probably next say her is "socially maladjusted" because that is an automatic disqualifier for Sp Ed.</p><p></p><p>YOUR SD CANNOT DO THIS--To be "dismissed" from Sp Ed, a full evaluation must be conducted and the IEP team must agree. You are a full member of the IEP team and an evaluation takes time. During that time, difficult child should not be denied FAPE. The MOST they can do within the law is put him in an interim alternative placement at this point in time.</p><p></p><p>I do not say this lightly, but you are headed for Due process--I never recommend DP as a good dispute resolution procedure for curricular matters. However, in my opinion your SD wants to eject your son, either to the JJ system or to the streets and they do not care which.</p><p></p><p>He has an IEP and therefore, has many rights that gen ed students do not have. However, to protect him, you have to know the law VERY well and not make any procedural mistakes. This is a daunting task. Please look for an on-site advocate that can help you and go to meetings with you. This is an emergency situation. If you can afford an attorney, make sure it is one who knows Sp Ed law, just any att'y won't do. If you cannot afford an att'y, look into disability rights organizations or legal aid. If your income falls in between, you will be in the same difficult situation as many people are--too poor and too rich.</p><p></p><p>We will try to help--but you need more help than it is feasible to supply on-line in my opinion.</p><p></p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 40120, member: 284"] Sorry I have been out of town. This is ABSOLUTELY illegal. Sheila's citation is right on--This is CLEARLY a manifestation of ED. With no drugs or weapons, they need a H.O. to put him in an alternative setting. He is being denied FAPE by being suspended for more than 10 days. You could file for an expedited Due Process Hearing but without representation, I feel like I am sending you (the lamb) to have lunch with the lions--and on the menu is ---MOM Also, because of the "crime spree," they will probably next say her is "socially maladjusted" because that is an automatic disqualifier for Sp Ed. YOUR SD CANNOT DO THIS--To be "dismissed" from Sp Ed, a full evaluation must be conducted and the IEP team must agree. You are a full member of the IEP team and an evaluation takes time. During that time, difficult child should not be denied FAPE. The MOST they can do within the law is put him in an interim alternative placement at this point in time. I do not say this lightly, but you are headed for Due process--I never recommend DP as a good dispute resolution procedure for curricular matters. However, in my opinion your SD wants to eject your son, either to the JJ system or to the streets and they do not care which. He has an IEP and therefore, has many rights that gen ed students do not have. However, to protect him, you have to know the law VERY well and not make any procedural mistakes. This is a daunting task. Please look for an on-site advocate that can help you and go to meetings with you. This is an emergency situation. If you can afford an attorney, make sure it is one who knows Sp Ed law, just any att'y won't do. If you cannot afford an att'y, look into disability rights organizations or legal aid. If your income falls in between, you will be in the same difficult situation as many people are--too poor and too rich. We will try to help--but you need more help than it is feasible to supply on-line in my opinion. Martie [/QUOTE]
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HELP! school and law problems
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