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Special Ed 101
I could spit nails IDEAS NEEDED
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<blockquote data-quote="slsh" data-source="post: 40623" data-attributes="member: 8"><p>Because it severely weakened our case when OCR had already in their infinite wisdom determined there was no discrimination or failure to comply with- FAPE in LRE. Even though OCR was flat out wrong, the SD had that doggone letter in their hot little hands... "See, the federal government said we could, so we can."</p><p></p><p>There is absolutely *no* question in my mind (or the attys) that the policy of placing sped classrooms based on available space is discrimination and a gross violation of FAPE in LRE. Where are the reg. ed. kids who are being shuffled around? The *only* reason Stella's kiddo and Boo have been shuffled is because they have a disability - that's discrimination. There is absolutely no question, no gray area. "Special" treatment based on disability.</p><p></p><p>If I hadn't filed with- OCR, the battle would've been slightly easier because we wouldn't have had to fight an OCR decision on top of SD and a system (state of IL) that is not set up to comply with IDEA. Of course, it boiled down to the usual problem of fighting a SD with huge pockets and one very nasty attorney versus our paycheck-to-paycheck existence and the inability to hire our own top notch atty on a permanent basis to follow through.</p></blockquote><p></p>
[QUOTE="slsh, post: 40623, member: 8"] Because it severely weakened our case when OCR had already in their infinite wisdom determined there was no discrimination or failure to comply with- FAPE in LRE. Even though OCR was flat out wrong, the SD had that doggone letter in their hot little hands... "See, the federal government said we could, so we can." There is absolutely *no* question in my mind (or the attys) that the policy of placing sped classrooms based on available space is discrimination and a gross violation of FAPE in LRE. Where are the reg. ed. kids who are being shuffled around? The *only* reason Stella's kiddo and Boo have been shuffled is because they have a disability - that's discrimination. There is absolutely no question, no gray area. "Special" treatment based on disability. If I hadn't filed with- OCR, the battle would've been slightly easier because we wouldn't have had to fight an OCR decision on top of SD and a system (state of IL) that is not set up to comply with IDEA. Of course, it boiled down to the usual problem of fighting a SD with huge pockets and one very nasty attorney versus our paycheck-to-paycheck existence and the inability to hire our own top notch atty on a permanent basis to follow through. [/QUOTE]
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I could spit nails IDEAS NEEDED
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