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Special Ed 101
New school year in K is a train wreck by day two
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<blockquote data-quote="Martie" data-source="post: 75205" data-attributes="member: 284"><p>Hello,</p><p></p><p>Right now, the SD can suspend your son but only for 10 days. After that, they have to provide for his education in some way.</p><p></p><p>You are in a very difficult situation, because your desire to have your children in the same school is not relevant to the IEP. However, the SD has made enough legal errors to sink a ship. I am presuming you have no copy of the IEP. Did you take notes at the meeting? In IL, parents have a right to the IEP AT THE MEETING. It is not mailed later (with unauthorized changes often inserted.) This is a very good law but it is a state reg. in IL not federal law. However, I still think it is good practice for parents to ask for a copy of the IEP or meeting notes before leaving if the IEP is not finished. No one should ever agree to letting the SD "finish it." You have a right to participate beginning to end at another meeting if necessary. Period. It may be the practice of SD to finish and mail IEPs but by law, they must be constructed with all team members present.</p><p></p><p>Here are the legal principles that are in play:</p><p></p><p>FAPE---what your SD has done is not APPROPRIATE</p><p></p><p>LRE---moving your son because he had an incident when they were denying FAPE is a problem for them</p><p></p><p>HOWEVER, if they invoke the "dangerousness" clause, they can move him to an "interim alternative educational placement" for up to 45 days. This provision is typically used for adolescents who are threatening due to size not kindergarteners. If they want to go this route, they need to reevaluate, and come up with a BIP. If I were you, I would ask for every conceivable service since THEY believe he has so many needs he should be in a non-inclusion environment: this could mean many things but for starters: a 1:1 aide to implement the BIP instantly, training for all staff in handling children who spit and bite (disease transmission risk has been found by the Supreme Court to be a valid reason for exclusion but only under limited circumstances), any other services his diagnosis's would warrant AND if he is academically able, ask for very frequent academic assessment to make certain he is making "progress commensurate with his underlying ability." If he is not, then academic adjustment need to be made. This will prevent them from "warehousing" him. It is very difficult to provide a good academic education in a highly restrictive environment. However, if they force the issue of alternative placement, you should demand a good academic eduction.</p><p></p><p>You need to be very familiar with Special Education law to pull this off, but I hope you can turn the SD blowing the start of the school year for your son against them to your son's advantage.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 75205, member: 284"] Hello, Right now, the SD can suspend your son but only for 10 days. After that, they have to provide for his education in some way. You are in a very difficult situation, because your desire to have your children in the same school is not relevant to the IEP. However, the SD has made enough legal errors to sink a ship. I am presuming you have no copy of the IEP. Did you take notes at the meeting? In IL, parents have a right to the IEP AT THE MEETING. It is not mailed later (with unauthorized changes often inserted.) This is a very good law but it is a state reg. in IL not federal law. However, I still think it is good practice for parents to ask for a copy of the IEP or meeting notes before leaving if the IEP is not finished. No one should ever agree to letting the SD "finish it." You have a right to participate beginning to end at another meeting if necessary. Period. It may be the practice of SD to finish and mail IEPs but by law, they must be constructed with all team members present. Here are the legal principles that are in play: FAPE---what your SD has done is not APPROPRIATE LRE---moving your son because he had an incident when they were denying FAPE is a problem for them HOWEVER, if they invoke the "dangerousness" clause, they can move him to an "interim alternative educational placement" for up to 45 days. This provision is typically used for adolescents who are threatening due to size not kindergarteners. If they want to go this route, they need to reevaluate, and come up with a BIP. If I were you, I would ask for every conceivable service since THEY believe he has so many needs he should be in a non-inclusion environment: this could mean many things but for starters: a 1:1 aide to implement the BIP instantly, training for all staff in handling children who spit and bite (disease transmission risk has been found by the Supreme Court to be a valid reason for exclusion but only under limited circumstances), any other services his diagnosis's would warrant AND if he is academically able, ask for very frequent academic assessment to make certain he is making "progress commensurate with his underlying ability." If he is not, then academic adjustment need to be made. This will prevent them from "warehousing" him. It is very difficult to provide a good academic education in a highly restrictive environment. However, if they force the issue of alternative placement, you should demand a good academic eduction. You need to be very familiar with Special Education law to pull this off, but I hope you can turn the SD blowing the start of the school year for your son against them to your son's advantage. Martie [/QUOTE]
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New school year in K is a train wreck by day two
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