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Special Ed 101
Manifestation Hearing??? Sorry Occupational Therapist (OT) ended up being so long.
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<blockquote data-quote="slsh" data-source="post: 413821" data-attributes="member: 8"><p>First off, contact sped dir and tell her that mtg date needs to be changed because your full team is unavailable on the 21st, as she has been aware of since last IEP mtg. Since SD has changed the purpose of the mtg to program review and manifestation determination, you need the input of your advocate at the mtg. I'd follow up email or phone call <u>with- certified letter</u>. If SD gets snarky about it, I'd let them know that they informed you of the change in reason for mtg on 03/16, and have not provided you with required 10 days prior written notice. There's a big difference between an IEP mtg and a program review/manifestation determination.</p><p></p><p>My gut says this is a meeting to change difficult child's school. It sounds like you've got adequate documentation from autism specialist that his behaviors are a result of his disability (manifestation determination). I would guess that SD is going to say they cannot handle his behaviors in LRE (obvious argument to that is they have not provided 1:1 para - their excuse for that is beyond pathetic), so they want to move him to a different school. </p><p></p><p>In briefly skimming your prior posts, it looks like this is the first IEP that will address the autism issues, correct? Logic would say that SD cannot just say, "Oh, now he's diagnosed on the spectrum, we can't deal, he's outta here." Unfortunately, logic sometimes is a stranger to mtgs with- SDs. They *must* provide FAPE in LRE. Just because he requires additional supports does not automatically mean those supports cannot be provided in his current school - SD hasn't even tried.</p><p></p><p>So - get the date of the mtg changed to a time when advocate can go with you, and you need to have some serious discussions with- advocate on what your options are. I'd plan for worst case scenario in terms of what SD is going to offer.</p><p></p><p>In the meantime, you need to search your heart really carefully. Do you think there's a reasonable chance that difficult child can function in his current school? It sounds like the principal is a real piece of work. Are you willing to subject yourself, and more importantly subject difficult child, to his continued antagonism? In my experience, you cannot underestimate the lengths some school staff will go to to trigger your kid - I'd like to say unintentionally, but I also saw some very intentional junk with- one of thank you's schools. And it worked. </p><p></p><p>I understand you're in a rural area - have you researched *private* schools that might meet difficult child's needs. SD must provide education, outside of district if they can't do it themselves. No where is it written that they are limited to other <u>public</u> school settings to provide that education. </p><p></p><p>I think the last thing you need to really think about is how far you're willing to push the issue. PJ is right - you can always take it to due process. But you need to know it's more than likely going to be an uphill battle, and it could take a huge toll on difficult child and you as you go thru the process. You also probably need to consider a sped lawyer if you do go the DP route - here in IL, parents have lost DP before they even get there if they don't have an attorney. Not all states are like that - I filed DP in WA many years ago. SD requested mediation, and I got *every* single solitary thing I wanted. Would've been easier if they had just done their jobs in the first place, but... some SDs are going to fight to the very last second. My experience here in IL was the exact opposite - *never* underestimate a difficult SD or their attorneys.</p></blockquote><p></p>
[QUOTE="slsh, post: 413821, member: 8"] First off, contact sped dir and tell her that mtg date needs to be changed because your full team is unavailable on the 21st, as she has been aware of since last IEP mtg. Since SD has changed the purpose of the mtg to program review and manifestation determination, you need the input of your advocate at the mtg. I'd follow up email or phone call [U]with- certified letter[/U]. If SD gets snarky about it, I'd let them know that they informed you of the change in reason for mtg on 03/16, and have not provided you with required 10 days prior written notice. There's a big difference between an IEP mtg and a program review/manifestation determination. My gut says this is a meeting to change difficult child's school. It sounds like you've got adequate documentation from autism specialist that his behaviors are a result of his disability (manifestation determination). I would guess that SD is going to say they cannot handle his behaviors in LRE (obvious argument to that is they have not provided 1:1 para - their excuse for that is beyond pathetic), so they want to move him to a different school. In briefly skimming your prior posts, it looks like this is the first IEP that will address the autism issues, correct? Logic would say that SD cannot just say, "Oh, now he's diagnosed on the spectrum, we can't deal, he's outta here." Unfortunately, logic sometimes is a stranger to mtgs with- SDs. They *must* provide FAPE in LRE. Just because he requires additional supports does not automatically mean those supports cannot be provided in his current school - SD hasn't even tried. So - get the date of the mtg changed to a time when advocate can go with you, and you need to have some serious discussions with- advocate on what your options are. I'd plan for worst case scenario in terms of what SD is going to offer. In the meantime, you need to search your heart really carefully. Do you think there's a reasonable chance that difficult child can function in his current school? It sounds like the principal is a real piece of work. Are you willing to subject yourself, and more importantly subject difficult child, to his continued antagonism? In my experience, you cannot underestimate the lengths some school staff will go to to trigger your kid - I'd like to say unintentionally, but I also saw some very intentional junk with- one of thank you's schools. And it worked. I understand you're in a rural area - have you researched *private* schools that might meet difficult child's needs. SD must provide education, outside of district if they can't do it themselves. No where is it written that they are limited to other [U]public[/U] school settings to provide that education. I think the last thing you need to really think about is how far you're willing to push the issue. PJ is right - you can always take it to due process. But you need to know it's more than likely going to be an uphill battle, and it could take a huge toll on difficult child and you as you go thru the process. You also probably need to consider a sped lawyer if you do go the DP route - here in IL, parents have lost DP before they even get there if they don't have an attorney. Not all states are like that - I filed DP in WA many years ago. SD requested mediation, and I got *every* single solitary thing I wanted. Would've been easier if they had just done their jobs in the first place, but... some SDs are going to fight to the very last second. My experience here in IL was the exact opposite - *never* underestimate a difficult SD or their attorneys. [/QUOTE]
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