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Special Ed 101
Private vs Public
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<blockquote data-quote="Martie" data-source="post: 149054" data-attributes="member: 284"><p>Hello,</p><p></p><p>A manifestation determination hearing is to determine whether or not the misbehavior is a "manifestation" of the disability. Given your son's diagnosis(s), you should NOT lose a MD hearing. What this means is that the SD has to come up with a new behavior intervention plan. The IEP team, of which you are a full participating member, may also recommend a more restrictive placement. Your SD MAY NOT suspend or expel your son. This is what Smallworld meant when she said that the public school is the "back up becasue they MUST educate.</p><p></p><p>I would really NOT let what the ass't principal did go; it is a SET-UP for your difficult child and is abusive in my opinion. At the very least it is not smart. It is no secret that our kids can often be provoked to act out in ways they would not have absent the provocation. It is REALLY not OK for the porvocation to be coming from a role model and "school leader."</p><p></p><p>Kicking this to the JJ system is not OK. I would ask for an emergency IEP meeting. If the school refuses, file for Due Process, but to do that, you will either need a very good on-site advocate or an attorney. You need a parents' rights attorney; just being a lawyer isn't helpful.</p><p></p><p>Are you able to pay privately for the placement? If so, you need to notify the SD IN WRITING by certified mail that you intend to place privately and then DON'T do it for at least 10 days AND give the SD access to reevaluate your son during that time. IF you do place privately, you may be able to recover costs of private school if you can show that the SD failed to provide FAPE.</p><p></p><p>This is a VERY tricky area of law. I placed privately, and depending upon how one counted the days, it was possible to come to the conclusion I only waited 9 days; this was a BIG reason we lost at DP and failed to recover costs of EGBS. I am happy to report however, that the SD had to fly a 3 person evaluation team from Chicago to MA becasue in this circumstance, SD suddenly "care" about the law.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 149054, member: 284"] Hello, A manifestation determination hearing is to determine whether or not the misbehavior is a "manifestation" of the disability. Given your son's diagnosis(s), you should NOT lose a MD hearing. What this means is that the SD has to come up with a new behavior intervention plan. The IEP team, of which you are a full participating member, may also recommend a more restrictive placement. Your SD MAY NOT suspend or expel your son. This is what Smallworld meant when she said that the public school is the "back up becasue they MUST educate. I would really NOT let what the ass't principal did go; it is a SET-UP for your difficult child and is abusive in my opinion. At the very least it is not smart. It is no secret that our kids can often be provoked to act out in ways they would not have absent the provocation. It is REALLY not OK for the porvocation to be coming from a role model and "school leader." Kicking this to the JJ system is not OK. I would ask for an emergency IEP meeting. If the school refuses, file for Due Process, but to do that, you will either need a very good on-site advocate or an attorney. You need a parents' rights attorney; just being a lawyer isn't helpful. Are you able to pay privately for the placement? If so, you need to notify the SD IN WRITING by certified mail that you intend to place privately and then DON'T do it for at least 10 days AND give the SD access to reevaluate your son during that time. IF you do place privately, you may be able to recover costs of private school if you can show that the SD failed to provide FAPE. This is a VERY tricky area of law. I placed privately, and depending upon how one counted the days, it was possible to come to the conclusion I only waited 9 days; this was a BIG reason we lost at DP and failed to recover costs of EGBS. I am happy to report however, that the SD had to fly a 3 person evaluation team from Chicago to MA becasue in this circumstance, SD suddenly "care" about the law. Martie [/QUOTE]
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