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IEP Meeting Reconvenes in 10 hours. Advice?
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<blockquote data-quote="slsh" data-source="post: 361774" data-attributes="member: 8"><p>Shari - I think all you can do at the meeting is point out to SD that by failing to allow difficult child to attend school full days, they are continuing their already well-established pattern of denying difficult child FAPE based on his disability. They are not only violating IDEA, they're violating ADA as well. If they refuse, not much you can do at the meeting. I *think* (smallworld???) if you decline new IEP, current IEP stays in place.</p><p></p><p>Your recourse is due process, but my guess is that the state you live in is probably about as parent-friendly as mine in terms of parents prevailing without an atty. If you can swing getting one, I'd do it ASAP. If not, perhaps as an intermediate step a formal complaint with the MO Dept of Ed, along with a cc: to OSEP, might be in order. Once you get their prior written notice of their refusal to allow difficult child to attend school full days, send off the letters with documentation of exactly how much time difficult child has been out of school since this whole fiasco started. Certified of course. A formal complaint to state dept of ed is not due process.</p><p></p><p>I'm on the fence in terms of filing with- the Office of Civil Rights on the ADA violation. I got burned by them several years ago when I filed a complaint on behalf of Boo (basically, they found that segregating (I'm talking the kids were in an old admin bldg, not even a school) severely disabled students based solely on their disability, and in spite of that fact that all needed services were available in our neighborhood school, was not a violation of their civil rights). While it seems like a no brainer in your case that OCR should find against the SD, the problem is if they *don't*, they will basically give your SD carte blanche to do as they please. Based on my experience, I would probably get the sped atty if your formal complaint to dept of ed with- cc: to OSEP doesn't work rather than moving on to OCR on your own. </p><p></p><p>I think the thing to remember, and emphasize to the SD, is that they are causing near-irreparable harm (in my humble opinion anyway - you can tell 'em Sue thinks so, LOL) to difficult child. It's been a *year* and they still can't come up with any better idea than keeping him out of the school. The educational and social time that he has already missed, to say nothing of the prospect of yet another year, is time that cannot be made up. </p><p></p><p>Sending warrior vibes to you, hon. difficult child is lucky to have you as his mom and advocate!</p></blockquote><p></p>
[QUOTE="slsh, post: 361774, member: 8"] Shari - I think all you can do at the meeting is point out to SD that by failing to allow difficult child to attend school full days, they are continuing their already well-established pattern of denying difficult child FAPE based on his disability. They are not only violating IDEA, they're violating ADA as well. If they refuse, not much you can do at the meeting. I *think* (smallworld???) if you decline new IEP, current IEP stays in place. Your recourse is due process, but my guess is that the state you live in is probably about as parent-friendly as mine in terms of parents prevailing without an atty. If you can swing getting one, I'd do it ASAP. If not, perhaps as an intermediate step a formal complaint with the MO Dept of Ed, along with a cc: to OSEP, might be in order. Once you get their prior written notice of their refusal to allow difficult child to attend school full days, send off the letters with documentation of exactly how much time difficult child has been out of school since this whole fiasco started. Certified of course. A formal complaint to state dept of ed is not due process. I'm on the fence in terms of filing with- the Office of Civil Rights on the ADA violation. I got burned by them several years ago when I filed a complaint on behalf of Boo (basically, they found that segregating (I'm talking the kids were in an old admin bldg, not even a school) severely disabled students based solely on their disability, and in spite of that fact that all needed services were available in our neighborhood school, was not a violation of their civil rights). While it seems like a no brainer in your case that OCR should find against the SD, the problem is if they *don't*, they will basically give your SD carte blanche to do as they please. Based on my experience, I would probably get the sped atty if your formal complaint to dept of ed with- cc: to OSEP doesn't work rather than moving on to OCR on your own. I think the thing to remember, and emphasize to the SD, is that they are causing near-irreparable harm (in my humble opinion anyway - you can tell 'em Sue thinks so, LOL) to difficult child. It's been a *year* and they still can't come up with any better idea than keeping him out of the school. The educational and social time that he has already missed, to say nothing of the prospect of yet another year, is time that cannot be made up. Sending warrior vibes to you, hon. difficult child is lucky to have you as his mom and advocate! [/QUOTE]
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