Forums
New posts
Search forums
What's new
New posts
New profile posts
Latest activity
Internet Search
Members
Current visitors
New profile posts
Search profile posts
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Forums
Parent Support Forums
Special Ed 101
Not sure what to do now...
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Martie" data-source="post: 6330" data-attributes="member: 284"><p>Dear ncblossom,</p><p></p><p>I glad you stopped lurking. Your have many problems including not being on the same page with husband over your daughter's medical problems. It is hard enough to win with schools that you MUST either get on the same page with him or get him to leave you alone. He should not be blaming you in such a difficult situation. If this were easy, you and he would have already solved the problem.</p><p></p><p>Given the Hx you have described, there is no doubt that your daughter qualifies under both Emotionally/Behaviorally Disordered AND OHI. However, it does not matter which category a child is qualified for, the services OUGHT to be delivered according to need NOT label.</p><p></p><p>Couple of legal points:</p><p></p><p>The SD cannot force your to medicate your child as a condition of school attendance (IDEA 2004) However, if her behavior worsens, they can act against her because she does not have the legal protections afforded a child with an IEP.</p><p></p><p>Therefore, I think your husband is setting her up to take her off medications but that is ultimately a family decision.</p><p></p><p>Second, it is now not allowed to use a discrepancy formula to determine services (IDEA 2004). This means that bright children take YEARS to fail "enough" to qualify. By that time most are also EBD. The law has been changed to try to correct this problem.</p><p></p><p>You are in for a long-term fight. Is there any way you can get an on-site advocate to help you? Your SD is ignorant or playing dumb for obstructionist reasons. They are so outrageous, I can't decide which they are doing.</p><p></p><p>Here is what you need to do TODAY to protect your daughter in my opinion. Send a CERTIFED letter to the SD indicating that difficult child has behaviors that may prevent her from following normal school rules and procedures. If they "misunderstood" the OHI thing, they will misunderstand that having an evaluation in process confers protections for children not yet eligible.</p><p></p><p>Have you been on the archives of Sp Ed 101? There is a thread about the reasoning behind protection for children not yet eligible as well as other useful information.</p><p></p><p>In addition, was the "meeting" that disqualified your daughter duly constituted? By law, the following people must be there</p><p></p><p>Person qualified to interpret results (usually school psychologist)</p><p>LEA (able to commit the resources of the SD) Local Educational Agency representative--usually an administrator</p><p>Special Education teacher</p><p>Regular ed teacher</p><p>Parents</p><p>Any other relevant specialists from SD</p><p>Any outside experts you decide to bring MUST be allowed (give them notice)</p><p></p><p>Also, there must have been a vision and hearing screen; a social history (usually an interview of you by the school social worker); a classroom observation of the child by someone other than the child's teacher and an interview with the child if appropriate.</p><p></p><p>Pete Wright points out that sometimes it is easier to get an evaluation/finding of no need for Special Education thrown out for technical reasons than it is on the findings, per se. If you haven't looked at <a href="http://www.wrightslaw.com" target="_blank">www.wrightslaw.com</a>, you should in my opinion.</p><p></p><p>In theory, where your daughter stands on the NCLB testing should not matter. She is not making progress in school (based on grades) and her behavior is clearly interfering. </p><p></p><p>I have to go to work right now, but PLEASE check the archives and wrightslaw. I will get back to you later and try to help you develop a plan. However, I still think you need an on-site advocate.</p><p></p><p>Martie</p><p></p><p>P. S. (If you put your posts in a word processing program and then cut and paste you won't lose them. I get home from work on Wed at about 10:30 p.m.)</p></blockquote><p></p>
[QUOTE="Martie, post: 6330, member: 284"] Dear ncblossom, I glad you stopped lurking. Your have many problems including not being on the same page with husband over your daughter's medical problems. It is hard enough to win with schools that you MUST either get on the same page with him or get him to leave you alone. He should not be blaming you in such a difficult situation. If this were easy, you and he would have already solved the problem. Given the Hx you have described, there is no doubt that your daughter qualifies under both Emotionally/Behaviorally Disordered AND OHI. However, it does not matter which category a child is qualified for, the services OUGHT to be delivered according to need NOT label. Couple of legal points: The SD cannot force your to medicate your child as a condition of school attendance (IDEA 2004) However, if her behavior worsens, they can act against her because she does not have the legal protections afforded a child with an IEP. Therefore, I think your husband is setting her up to take her off medications but that is ultimately a family decision. Second, it is now not allowed to use a discrepancy formula to determine services (IDEA 2004). This means that bright children take YEARS to fail "enough" to qualify. By that time most are also EBD. The law has been changed to try to correct this problem. You are in for a long-term fight. Is there any way you can get an on-site advocate to help you? Your SD is ignorant or playing dumb for obstructionist reasons. They are so outrageous, I can't decide which they are doing. Here is what you need to do TODAY to protect your daughter in my opinion. Send a CERTIFED letter to the SD indicating that difficult child has behaviors that may prevent her from following normal school rules and procedures. If they "misunderstood" the OHI thing, they will misunderstand that having an evaluation in process confers protections for children not yet eligible. Have you been on the archives of Sp Ed 101? There is a thread about the reasoning behind protection for children not yet eligible as well as other useful information. In addition, was the "meeting" that disqualified your daughter duly constituted? By law, the following people must be there Person qualified to interpret results (usually school psychologist) LEA (able to commit the resources of the SD) Local Educational Agency representative--usually an administrator Special Education teacher Regular ed teacher Parents Any other relevant specialists from SD Any outside experts you decide to bring MUST be allowed (give them notice) Also, there must have been a vision and hearing screen; a social history (usually an interview of you by the school social worker); a classroom observation of the child by someone other than the child's teacher and an interview with the child if appropriate. Pete Wright points out that sometimes it is easier to get an evaluation/finding of no need for Special Education thrown out for technical reasons than it is on the findings, per se. If you haven't looked at [url="http://www.wrightslaw.com"]www.wrightslaw.com[/url], you should in my opinion. In theory, where your daughter stands on the NCLB testing should not matter. She is not making progress in school (based on grades) and her behavior is clearly interfering. I have to go to work right now, but PLEASE check the archives and wrightslaw. I will get back to you later and try to help you develop a plan. However, I still think you need an on-site advocate. Martie P. S. (If you put your posts in a word processing program and then cut and paste you won't lose them. I get home from work on Wed at about 10:30 p.m.) [/QUOTE]
Insert quotes…
Verification
Post reply
Forums
Parent Support Forums
Special Ed 101
Not sure what to do now...
Top