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Special Ed 101
Should I really be as upset about this as I am?
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<blockquote data-quote="seriously" data-source="post: 475903" data-attributes="member: 11920"><p>Their failure to meet the deadline is what is called a procedural violation at this point. That is a different kind of violation than a due process one.</p><p></p><p>You could consider contacting your State Department of Education and ask them about filing a procedural violation complaint against the agency involved.</p><p></p><p>You could also contact the County's head of the branch responsible for doing the assessment - might be Mental Health or Dept of Ed - with a letter hand-delivered, mailed or faxed (or all three) providing a copy of the document you have showing you were given an 11/11 date for completion of testing along with copies of your e-mail correspondence to show you have done due diligence. Then ask him/her - when is the assessment actually going to be done?</p><p></p><p>I would include the information that your son has now received X number of suspension days our of X number of school days for aggression toward other children. This behavior is due to the manifestation of his disability and you are very concerned that there may be a safety issue with his continuing in his current placement (if you believe that this is the case). You should probably say what you mean by that - for example, you believe that, due to his multiple psychiatric diagnoses, he is very likely to continue to be aggressive toward other children, putting everyone at risk for serious injury.</p><p> </p><p>The use of the word manifestation is important because, if he is determined eligible for Special Education, then further suspensions at that level should trigger a manifestation hearing to determine whether there should be a reconsideration of his placement or not.</p><p></p><p>And stating that you feel it is a safety issue *should* get you an immediate response, possibly even a threat assessment by the psychologist depending on the nature of the safety issue. Schools here are much more sensitive to that kind of assertion than they were before the big school shootings. Since it's hard to say what they will do if you allege a safety concern you may want to be careful how you phrase that unless you truly are concerned about a serious injury happening.</p><p></p><p>You should probably cc your contact at the county and the principal or anyone else you think needs to know.</p></blockquote><p></p>
[QUOTE="seriously, post: 475903, member: 11920"] Their failure to meet the deadline is what is called a procedural violation at this point. That is a different kind of violation than a due process one. You could consider contacting your State Department of Education and ask them about filing a procedural violation complaint against the agency involved. You could also contact the County's head of the branch responsible for doing the assessment - might be Mental Health or Dept of Ed - with a letter hand-delivered, mailed or faxed (or all three) providing a copy of the document you have showing you were given an 11/11 date for completion of testing along with copies of your e-mail correspondence to show you have done due diligence. Then ask him/her - when is the assessment actually going to be done? I would include the information that your son has now received X number of suspension days our of X number of school days for aggression toward other children. This behavior is due to the manifestation of his disability and you are very concerned that there may be a safety issue with his continuing in his current placement (if you believe that this is the case). You should probably say what you mean by that - for example, you believe that, due to his multiple psychiatric diagnoses, he is very likely to continue to be aggressive toward other children, putting everyone at risk for serious injury. The use of the word manifestation is important because, if he is determined eligible for Special Education, then further suspensions at that level should trigger a manifestation hearing to determine whether there should be a reconsideration of his placement or not. And stating that you feel it is a safety issue *should* get you an immediate response, possibly even a threat assessment by the psychologist depending on the nature of the safety issue. Schools here are much more sensitive to that kind of assertion than they were before the big school shootings. Since it's hard to say what they will do if you allege a safety concern you may want to be careful how you phrase that unless you truly are concerned about a serious injury happening. You should probably cc your contact at the county and the principal or anyone else you think needs to know. [/QUOTE]
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Should I really be as upset about this as I am?
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