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Special Ed 101
School district and residential treatment
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<blockquote data-quote="Sheila" data-source="post: 28915" data-attributes="member: 23"><p>"Alternative school" can mean different things in different parts of the country. What comes to my mind when there's an "alternative school" involved is that it is a placement for kids that are behavior problems and little teaching is done.</p><p></p><p>If this is the type school your child is in, and has been in for 3 yrs, your school district is out of compliance with the law (unless parents have agreed with-the placement by accepting it in the IEP). Also, if they are not following the IEP, they are non-compliant.</p><p></p><p>From <a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a> :</p><p></p><p>Under section 615(k)(1)(F)</p><p>of the Act and section 504 of the</p><p>Rehabilitation Act of 1973, if the</p><p>behavior that resulted in the change of</p><p>placement is determined to be a</p><p>manifestation of a childs disability, the</p><p>child must be returned to the placement</p><p>from which the child was removed</p><p>(other than a 45-day placement under</p><p>§§ 300.530(g), 300.532(b)(2), and</p><p>300.533), unless the public agency and</p><p>the parents otherwise agree to a change</p><p>of placement.</p><p></p><p>When the behavior is related to the</p><p>childs disability, proper development</p><p>of the childs IEP should include</p><p>development of strategies, including</p><p>positive behavioral interventions,</p><p>supports, and other strategies to address</p><p>that behavior, consistent with</p><p>§ 300.324(a)(2)(i) and (a)(3)(i). When the</p><p>behavior is determined to be a</p><p>manifestation of a childs disability but</p><p>has not previously been addressed in</p><p>the childs IEP, the IEP Team must</p><p>review and revise the childs IEP so that</p><p>the child will receive services</p><p>appropriate to his or her needs.</p><p></p><p>Implementation of the behavioral</p><p>strategies identified in a childs IEP,</p><p>including strategies designed to correct</p><p>behavior by imposing disciplinary</p><p>consequences, is appropriate under the</p><p>Act and section 504, even if the</p><p>behavior is a manifestation of the childs</p><p>disability. A change in placement that is</p><p>appropriate and consistent with the</p><p>childs needs may be implemented</p><p>subject to the parents procedural</p><p>safeguards regarding prior notice</p><p>(§ 300.503), mediation (§ 300.506), due</p><p>process (§§ 300.507 through 300.517)</p><p>and pendency (§ 300.518).</p><p></p><p>You do not have to just accept what a school district tells you -- as the parent you are a full member of the IEP team. When dealing with a sd that believes it's acceptable to leave a student in an alternative school for 3 years, you have to know your's and your child's education rights. I <strong>strongly, strongly </strong> urge you to get an advocate to help you with this.</p><p></p><p><a href="http://www.yellowpagesforkids.com" target="_blank">http://www.yellowpagesforkids.com</a> is a good place to start looking for one.</p><p></p><p>When was the last IEP meeting? What's in the IEP? What's his qualifying eligibility category?</p><p></p><p>If you son has been in an alternative school for 3 yrs without instruction, I'm thinking he must be way behind academically. When was the last time he was fully evaluated? Has an FBA ever been performed?</p></blockquote><p></p>
[QUOTE="Sheila, post: 28915, member: 23"] "Alternative school" can mean different things in different parts of the country. What comes to my mind when there's an "alternative school" involved is that it is a placement for kids that are behavior problems and little teaching is done. If this is the type school your child is in, and has been in for 3 yrs, your school district is out of compliance with the law (unless parents have agreed with-the placement by accepting it in the IEP). Also, if they are not following the IEP, they are non-compliant. From [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url] : Under section 615(k)(1)(F) of the Act and section 504 of the Rehabilitation Act of 1973, if the behavior that resulted in the change of placement is determined to be a manifestation of a childs disability, the child must be returned to the placement from which the child was removed (other than a 45-day placement under §§ 300.530(g), 300.532(b)(2), and 300.533), unless the public agency and the parents otherwise agree to a change of placement. When the behavior is related to the childs disability, proper development of the childs IEP should include development of strategies, including positive behavioral interventions, supports, and other strategies to address that behavior, consistent with § 300.324(a)(2)(i) and (a)(3)(i). When the behavior is determined to be a manifestation of a childs disability but has not previously been addressed in the childs IEP, the IEP Team must review and revise the childs IEP so that the child will receive services appropriate to his or her needs. Implementation of the behavioral strategies identified in a childs IEP, including strategies designed to correct behavior by imposing disciplinary consequences, is appropriate under the Act and section 504, even if the behavior is a manifestation of the childs disability. A change in placement that is appropriate and consistent with the childs needs may be implemented subject to the parents procedural safeguards regarding prior notice (§ 300.503), mediation (§ 300.506), due process (§§ 300.507 through 300.517) and pendency (§ 300.518). You do not have to just accept what a school district tells you -- as the parent you are a full member of the IEP team. When dealing with a sd that believes it's acceptable to leave a student in an alternative school for 3 years, you have to know your's and your child's education rights. I [B]strongly, strongly [/B] urge you to get an advocate to help you with this. [url]http://www.yellowpagesforkids.com[/url] is a good place to start looking for one. When was the last IEP meeting? What's in the IEP? What's his qualifying eligibility category? If you son has been in an alternative school for 3 yrs without instruction, I'm thinking he must be way behind academically. When was the last time he was fully evaluated? Has an FBA ever been performed? [/QUOTE]
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