ok the quick version

Discussion in 'Special Ed 101' started by amazeofgrace, Dec 19, 2010.

  1. amazeofgrace

    amazeofgrace New Member

    difficult child II (14) has been in an IOP since July. IOP is typically a 90 day program but the free 35/60 from State services has kept him there longer. School insists he needs to come back to their "free & appropriate" Behavior disorders program verses an out of district placement (has been rec'd by every hospital he's ever been to), BUT (there's always a butt) The school now will not take him back until the state services have in home services set up for after school hours. (scratches head) anyone else as confused as I am?
  2. JJJ

    JJJ Active Member

    The school can't refuse to take him back. If he has been/is being discharged from IOP, simply inform the school that your son will be returning to school on XXX day and enclose a note from the doctor saying that difficult child is cleared to return to school on XXX day.

    If you want him at a different placement than the one he was in when he went to the hospital, you need to call for an IEP meeting. At the IEP meeting, you will need to show how their placement is not providing the legally required FAPE. If his meltdowns are outside of school (rather than in school), you may have to take the stance that because their current offering does not meet his needs, he is unable to maintain outside of the hospital environment and so he is unable to attend school in that placement and therefore he needs the OD placement in order to 'access his education'.
  3. amazeofgrace

    amazeofgrace New Member

    Thanks, they're telling me because it's a "therapeutic" class that they have to have IEP prior to his return and they have a new student starting after the holidays and they can't introduce more than one student at a time to the class, which sounds like staling bs to me, being my son was already in their "therapeutic" class for the past 3 years! They told me if IOP releases him before they're ready he will have to have home instruction....sigh....