Motherload of legal code for those who enjoy navigating it

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Farmwife

Member
Pardon me if these links have been listed before.

US Code Chapter 20 Title 34 (FULL text of ALL IDEA laws, US department of education, it's a thing of beauty)
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title34/34cfr300_main_02.tpl

A particularly juicy tidbit on residential placement under IDEA.
http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=34:2.1.1.1.1.2.39.5&idno=34

US Code chapter 33 Title 20 (education of individuals with disabilities, house of representatives)
http://uscode.house.gov/download/pls/20C33.txt


All state law/code is based on the above if they want funding.

I'm having one of "those days" today. I just "love" my local school district, lol. If they cheese me off too bad I may come back and do links to each states board of ed. and statutes.
 
L

leeok

Guest
How long does the school district have to do the evaluation? I first week of this school year I informed the school that we needed a second set of books due to forgetfulness, also that we needed her homework. The 5th/6th grade did this for us. Same school district!! NOW she's in the 7th grade they refuse, insist that she write her work down, are adament. Reason: Well, high school won't do that! College won't do that! I asked do you want her in the 7th grade forever! She's got ODD, PTS due to a bad father beating her mother; she had to be the parent and run the younger siblings to safety. She's been through counseling to deal with her feelings etc. Was doing quite well until the transfer from 6th into 7th. Her mother also after years of financial oppression found a job that pays well. The bad thing is that she has to work 12/5-6. She's lived here almost all her life, off and on (grandma's). By her insistance, but visited mom. Mom's lazy doesn't have a job? Now that she has a job, she's whining she quit? My house has always been her refuge away from her sisters. She's very angry at me because her sisters are here also; like I'm the devil for making her do homework, meeting with teachers; organizing her locker; getting her books. She functions best alone, so now we have her visiting great grandma for a break, we are trying to keep her in the honeymoon stage. She's trying to manipulate a new counselor into getting us to let her stay at home? She's now totally aware of all her ODD behaviors yet, so WE had a meeting!!! SHE will not stay at mom's house unsuppervised!!! "Poor kid's living out of a suitcase?" BS!! Now that her sisters are at her refuge, she feels violated, angry at her sisters (hits them for anything), me; she's freaking, wants to stay at mom's full time, it's only because she can do what she want when she wants. Too interested in boys etc. were having to watch where she goes, with whom like a hawk, and check up on her non stop. But she won't mind period, goes AWL for hours, she simply cannot stay alone at her mother's home, she's been given ample changes and blown it every time. She 14, lost a grade already. The counselor at school has been defiance with me, asked for medical records (NOT given) What medication is she on?. Her doctor documented the diagnosis; then they needed more? So her Ph D Counseror tested and documented the ADHD at 89%. She wrote the COD 9 codes for them, they didn't know what they were? I had to explain it. I typed up a form letter asking for a 504 evaluation, sent certified. Now it's been 5 months. Filed out the papers, had the meeting with the counselor. The evaluatiors office is in her school! I'm going to have to GO to school with her and sit in class for eight weeks just to get her assignments? All her teachers said if she'd just do her homework and hand it in she'll pass this year, but she cannot miss assigments. The district have no summer school. The class taken over at another school district summer school will not transfer? I think I'm getting fead a line of C _ _ _. WHAT is the legal time they have to do the evaluation? My counselor had us send a certified form letter asking for one; it was sent 11/17/2009. I've asked for intervention since Aug 2009. Not one thing has been done, she's feeling stupid; the teachers are embarrassing her in front of the classes; she cannot handle all the negative chastisement coming from all but one teacher. She's lazy, won't listen, buckle down? Won't turn her homework in? HELLO she cannot organize, she's learning to compensate. I went to each individual teacher, had to inform them of her conditions. The counselor told me she did the first week of school? Suppose to of sent out emails. They knew nothing. Two teachers have given me a books for at home. One won't bother giving assignments early. One teacher did give me homework for two weeks, but she didn't think she saw enough improvement for her to go to the extra effort! The teachers helping has only been voluntery. If I go in, and talk etc. explaining the problem they are sporatic in letting her turn in homework for half credit. I've got tutors, that are working blind! Her support group of four competent individuals are ready to throw in the towel, including myself. They are making her ODD impossible at home as a result. She refuses to get up and go to school many times because of it. Then when she misses they threaten truancy court? She's had medical excuses up until now, but the next 8 wks without missing? Impossible. I hope someone knowledgeable to the system can quickly inform me, as I don't have time to drag it out online. :ashamed: Feeling hopeless.:sad-very:
 

Farmwife

Member
Oh my gosh I am soprry no one saw your post sooner.

How long does the school district have to do the evaluation?


They have 14 days to inform you if they plan to do an evaluation. After that they have 60 days to do an evaluation and make a determination.

I first week of this school year I informed the school that we needed a second set of books due to forgetfulness, also that we needed her homework.

Unless you have an IEP in place the school can and will use delay tactics. Unless there is a plan that specifically states what the needs are they don't legallly have to comply with your wishes. Sadly, you have to do everything officially. You have to send a certified letter requesting an evaluation.

The 5th/6th grade did this for us. Same school district!! NOW she's in the 7th grade they refuse, insist that she write her work down, are adament. Reason: Well, high school won't do that! College won't do that! I asked do you want her in the 7th grade forever!

It sounds like the elementary school was nice and the junior high has a different game plan. It hoovers when people won't just help without you setting a fire under them but that is what a lot of us run into. It is frustrating!

She's got ODD, PTS due to a bad father beating her mother; she had to be the parent and run the younger siblings to safety. She's been through counseling to deal with her feelings etc. Was doing quite well until the transfer from 6th into 7th. Her mother also after years of financial oppression found a job that pays well. The bad thing is that she has to work 12/5-6. She's lived here almost all her life, off and on (grandma's). By her insistance, but visited mom. Mom's lazy doesn't have a job? Now that she has a job, she's whining she quit? My house has always been her refuge away from her sisters. She's very angry at me because her sisters are here also; like I'm the devil for making her do homework, meeting with teachers; organizing her locker; getting her books. She functions best alone, so now we have her visiting great grandma for a break, we are trying to keep her in the honeymoon stage. She's trying to manipulate a new counselor into getting us to let her stay at home? She's now totally aware of all her ODD behaviors yet, so WE had a meeting!!! SHE will not stay at mom's house unsuppervised!!! "Poor kid's living out of a suitcase?" BS!! Now that her sisters are at her refuge, she feels violated, angry at her sisters (hits them for anything), me; she's freaking, wants to stay at mom's full time, it's only because she can do what she want when she wants. Too interested in boys etc. were having to watch where she goes, with whom like a hawk, and check up on her non stop. But she won't mind period, goes AWL for hours, she simply cannot stay alone at her mother's home, she's been given ample changes and blown it every time.

She may need some stability and long term counseling. My son falls apart when his routine changes. It sounds like your grand daughter has a lot of problems so those may not improve until her life serttles down. ODD is more than likely going to be a long term struggle for whoever assumes her care. Even if you get the school to help there is just so much more to managing these types of kids.

She 14, lost a grade already. The counselor at school has been defiance with me, asked for medical records (NOT given) What medication is she on?. Her doctor documented the diagnosis; then they needed more? So her Ph D Counseror tested and documented the ADHD at 89%. She wrote the COD 9 codes for them, they didn't know what they were? I had to explain it. I typed up a form letter asking for a 504 evaluation, sent certified. Now it's been 5 months. Filed out the papers, had the meeting with the counselor. The evaluatiors office is in her school!

I swear to goodness that I was signing your same tune this year, exactly the same. Went in with 504 and Doctor information earlier this year. They blew me off and I had to get ugly, write my certified letter and start researching the law. After an entire year of garbage and my kid doing bad I get our first meeting to decide IF he gets an IEP the day before the last day of school. He MIGHT get help the start of next year. :faint: You really have to arm yourself by studying the parent guide on the state of IL website. (you are from IL, right?) http://www.isbe.net/spec-ed/html/parent_rights.htm here is a link to the top page for parent links, lots of good stuff. http://www.isbe.net/spec-ed/html/parents.htm

I'm going to have to GO to school with her and sit in class for eight weeks just to get her assignments? All her teachers said if she'd just do her homework and hand it in she'll pass this year, but she cannot miss assigments. The district have no summer school. The class taken over at another school district summer school will not transfer? I think I'm getting fead a line of C _ _ _. WHAT is the legal time they have to do the evaluation? My counselor had us send a certified form letter asking for one; it was sent 11/17/2009.

If you sent a certified letter and they dragged their feet this long they messed up, big time. There are steps you can take to get mediation, file a complaint etc. You really should look at the parent guide link. It will answer all of your questions and more. It is very user friendly and made a world of difference for us. The only reason we are making progress now is because of what I learned about the law in that guide. If the school thinks you don't know what you are doing they will use that against you. They seem to move much faster when they know that you know how to get them in a bind.

I've asked for intervention since Aug 2009. Not one thing has been done, she's feeling stupid; the teachers are embarrassing her in front of the classes; she cannot handle all the negative chastisement coming from all but one teacher.

This happens in my district too and it is just plain wrong. Is there any way you can call a teacher parent conference? A lot of the time the school admin doesn't tell the teachers what is going on. The teacher should know better but they may not be able to tell a bad kid from a kid who has problems. It hoovers to have to plead to their sense of decency but maybe if you told them what your grabdaughter has to overcome they will at least not add emotional abuse to the mix.

She's lazy, won't listen, buckle down? Won't turn her homework in? HELLO she cannot organize, she's learning to compensate. I went to each individual teacher, had to inform them of her conditions. The counselor told me she did the first week of school? Suppose to of sent out emails. They knew nothing. Two teachers have given me a books for at home. One won't bother giving assignments early. One teacher did give me homework for two weeks, but she didn't think she saw enough improvement for her to go to the extra effort! The teachers helping has only been voluntery. If I go in, and talk etc. explaining the problem they are sporatic in letting her turn in homework for half credit. I've got tutors, that are working blind! Her support group of four competent individuals are ready to throw in the towel, including myself. They are making her ODD impossible at home as a result. She refuses to get up and go to school many times because of it. Then when she misses they threaten truancy court?

Okay, I see you do have some teacher support. If you get sent to truancy court take proof that the school is not complying with spec. ed laws. You are doing everything in your power. It's not like you are neglecting her like some kids are.

She's had medical excuses up until now, but the next 8 wks without missing? Impossible. I hope someone knowledgeable to the system can quickly inform me, as I don't have time to drag it out online. :ashamed: Feeling hopeless.:sad-very:


Expect a battle with the school and with treatment for your grand daughter. You DO have a lot of work ahead of you.A lot of us on here feel hopless from time to time. Parenting these kids is not easy then when you have to fight for medical stuff and educational stuff, well....it feels like the world is against you. You are in a good place. The general board moves much faster for the day to day stuff and you will meet a lot of knowledgable, friendly people who understand what you are going through.

It will be hard but try to have faith in the light at the end of the tunnel. I thought there was no way my family would survive the struggles we were thrown into. In time with a support system set up things do improve, slowly but thing do ease up a little at a time. things may not get perfect but that feeling of disaster and crisis you are in will come and go. Evey day won't feel like the worst. You just need help getting those ducks in a row.

Have you considered an educational advocate? They usually have waiting lists but they are a huge help once you get one. There are links on the second link I posted above.

Good luck.
 

Sheila

Moderator
Unless you put your request in writing and send it Certified Mail, many school districts will ignore parents' pleas for help.

The Certified Mail starts the clock ticking.

by the way, thanks for the links.
 
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