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My letter to sd admin - suggestions?
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<blockquote data-quote="slsh" data-source="post: 250907" data-attributes="member: 8"><p>Shari - I'm sorry - SD is messing with your kid in terms of this evaluation. (I'm really *incredibly* peeved on your behalf.) I would strongly suggest that you find the state definition of what the timeline is (state dept of ed website usually has that stuff) and hold them to it, period. This is just going to drag on and on and on. Too doggone bad that SD-mandated absences or difficult child behaviors or phase of the moon has delayed it. It's not an acceptable excuse in the eyes of the law. If they hem and haw in the slightest about when evaluation will be done, I'd contact state board of ed pronto. Also, if memory serves, OSERS/OSEP has a representative assigned to each state. I recall calling Difficult Child at one point and getting some good help from them as well. I really think if you give them the least bit of wiggle room, they are going to draw this out to the end of the school year and it will not only have been a wasted semester in terms of academics but it will have laid a very *very* poor groundwork for next school year for both difficult child and you in terms of dealing with- SD.</p><p> </p><p>There *are* other options outside of your SD, at SD expense. If SD is not able to provide services required for FAPE, then they have to hire it out.</p><p> </p><p>I really totally understand (and admire) you wanting to bide your time - especially since he's 6 and you've got a lot of years with these folks - but my prediction is that they are going to give you a hard time about manifestation hearing, 10-day limit etc., because he doesn't have an IEP (Catch-22). The response to that is that since you had already given consent for evaluations and they were *supposed* to be doing the evaluations, they knew they were dealing with a child who potentially had a disability and therefore IDEA applies.</p><p> </p><p>Honestly - I wouldn't be asking them what their plan is (ok, sorry, I know <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite2" alt=";)" title="Wink ;)" loading="lazy" data-shortname=";)" /> I'm a hardened sped parent, LOL) - I would be *telling* them they are failing to provide FAPE and difficult child needs to return to an educational setting now - if not in SD, then out of it, at SD expense. Once you hit those 10 days, I'd be asking for compensatory services for every day past 10.</p></blockquote><p></p>
[QUOTE="slsh, post: 250907, member: 8"] Shari - I'm sorry - SD is messing with your kid in terms of this evaluation. (I'm really *incredibly* peeved on your behalf.) I would strongly suggest that you find the state definition of what the timeline is (state dept of ed website usually has that stuff) and hold them to it, period. This is just going to drag on and on and on. Too doggone bad that SD-mandated absences or difficult child behaviors or phase of the moon has delayed it. It's not an acceptable excuse in the eyes of the law. If they hem and haw in the slightest about when evaluation will be done, I'd contact state board of ed pronto. Also, if memory serves, OSERS/OSEP has a representative assigned to each state. I recall calling Difficult Child at one point and getting some good help from them as well. I really think if you give them the least bit of wiggle room, they are going to draw this out to the end of the school year and it will not only have been a wasted semester in terms of academics but it will have laid a very *very* poor groundwork for next school year for both difficult child and you in terms of dealing with- SD. There *are* other options outside of your SD, at SD expense. If SD is not able to provide services required for FAPE, then they have to hire it out. I really totally understand (and admire) you wanting to bide your time - especially since he's 6 and you've got a lot of years with these folks - but my prediction is that they are going to give you a hard time about manifestation hearing, 10-day limit etc., because he doesn't have an IEP (Catch-22). The response to that is that since you had already given consent for evaluations and they were *supposed* to be doing the evaluations, they knew they were dealing with a child who potentially had a disability and therefore IDEA applies. Honestly - I wouldn't be asking them what their plan is (ok, sorry, I know ;) I'm a hardened sped parent, LOL) - I would be *telling* them they are failing to provide FAPE and difficult child needs to return to an educational setting now - if not in SD, then out of it, at SD expense. Once you hit those 10 days, I'd be asking for compensatory services for every day past 10. [/QUOTE]
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My letter to sd admin - suggestions?
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