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Special Ed 101
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<blockquote data-quote="Martie" data-source="post: 274787" data-attributes="member: 284"><p>Actually, in IDEIA 2004, all state time lines are superseded by the Federal 60 calendar day rule. Summers "count" except in SDs that are so small they close their administrative offices.</p><p></p><p>Personally, I would NOT let a child with behavior problems go to middle school without the legal protection of an IEP. My ex-difficult child had an IEP for exactly that reason---he received sw services sort of but no academic interventions ever. However, his having an IEP made it VERY clear that I would use all available law to protect him from punitive discipline and it worked. He had huge (internalizing) problems but was never suspended in 9 years in public school. In h.s., he was illegally expelled, but that is another story, and by that time, I did not want him in public school. </p><p></p><p>As RtI becomes prominent, many people forget that no matter how helpful it may be for some children, it provides ZERO legal protection against arbitrary discipline for students like ours.</p><p></p><p>in my opinion you should request a full case study evaluation NOW and not take no for an answer in regard to summer. School psychologists are usually on longer contracts than teachers and an IEP meeting could be convened before school starts bec. teachers always are required to show up before the first day of school. It is important to inform yourself of these details in order to counter the SD's excuses.</p><p></p><p>Send all mail CERTIFIED and stay off the phone. Nothing said verbally will hold up. The Supreme Court decided that in<em> Burlovich</em>.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 274787, member: 284"] Actually, in IDEIA 2004, all state time lines are superseded by the Federal 60 calendar day rule. Summers "count" except in SDs that are so small they close their administrative offices. Personally, I would NOT let a child with behavior problems go to middle school without the legal protection of an IEP. My ex-difficult child had an IEP for exactly that reason---he received sw services sort of but no academic interventions ever. However, his having an IEP made it VERY clear that I would use all available law to protect him from punitive discipline and it worked. He had huge (internalizing) problems but was never suspended in 9 years in public school. In h.s., he was illegally expelled, but that is another story, and by that time, I did not want him in public school. As RtI becomes prominent, many people forget that no matter how helpful it may be for some children, it provides ZERO legal protection against arbitrary discipline for students like ours. in my opinion you should request a full case study evaluation NOW and not take no for an answer in regard to summer. School psychologists are usually on longer contracts than teachers and an IEP meeting could be convened before school starts bec. teachers always are required to show up before the first day of school. It is important to inform yourself of these details in order to counter the SD's excuses. Send all mail CERTIFIED and stay off the phone. Nothing said verbally will hold up. The Supreme Court decided that in[I] Burlovich[/I]. Martie [/QUOTE]
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