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Special Ed 101
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<blockquote data-quote="klmno" data-source="post: 118913" data-attributes="member: 3699"><p><span style="font-family: 'Arial'">Hi, Michelle! I dont want to encourage you to do something you arent comfortable with or that could cause problems for you or the rest of your family. But, if it were me I would appeal it. Martie and Sheila have much more expertise on this than I do and could offer more suggestions.</span></p><p> </p><p><span style="font-family: 'Arial'">My suggestion would be to call an attorney referral place and get in contact with a Special Education attny and tell him whats going on. Then, write an appeal letter (yourself) and send it certified mail to whomever made this decision about putting your difficult child on homebound (disciplinary officer maybe??). Copy (and make sure these people are listed at the bottom of the letter as being copied so everyone knows whos looking at this) the principal, the superintendent of the school system, the director of Special Education for the school system, your district rep for the school system, and the attny- with Esq. after the attnys name. List reasons for the appeal-</span></p><p> </p><p><span style="font-family: 'Arial'">1) </span><span style="font-family: 'Arial'">The BIP was being modified and there had not been time to implement the new one before this decision was made.</span></p><p> </p><p><span style="font-family: 'Arial'">2) </span><span style="font-family: 'Arial'">Adequate supervision has not been given since other students are provoking things verbally and if difficult child is warning people, then there is ample time for intervention and prevention if adequate supervision is given.</span></p><p> </p><p><span style="font-family: 'Arial'">3) </span><span style="font-family: 'Arial'">difficult child needs opportunity and supports to learn to take a different action when he sees the trigger and he tries to let people know that hes about to snap. (I think this shows that he is able to see the trouble coming but just needs help learning coping skills.) Have they tried social skills classses?</span></p><p> </p><p><span style="font-family: 'Arial'">4) </span><span style="font-family: 'Arial'">There was no specialist on board to help determine how much of difficult childs actions are a manifestation of his disability or to help come up with strategies to accommodate difficult childs needs. Its a completely unacceptable answer for the principal to decide shes/hes not going to try anymore- and I think its against the law to refuse to let a specialist get on board. In any case, they obviously didnt try everything reasonable to keep difficult child in the school if they werent even willing to explore the advice of a specialist. This point could actually be a two-parter if they are trying to expel him based on behavior not being a manifestation- since they need a specialist to determine that- especially if you disagree. (Dont sign if you disagree.) The principal is not qualified to determine this and isnt qualified to be a behavioral specialist for difficult childs specific needs. (I worded it in mine that I knew principal was busy running school and I couldnt expect principal to spend all this time dealing with my difficult child, so they needed to get someone in there who could deal with it.) Not having someone available is not justification for taking away difficult childs education in the least restrictive environment.</span></p><p> </p><p><span style="font-family: 'Arial'">5) </span><span style="font-family: 'Arial'">And, if difficult child absolutely cannot have educational needs met in mainstream school, then they are supposed to explore assigning difficult child to a different school, that can meet his needs. (That is less restrictive than homebound.) Dont let them stick difficult child in a school where there is no real therapeutic help and kids are just getting more and more uncontrollable (these are the ones the sd have a contract with and are less expensive usually)- do some looking around and find a good one (no matter what it cost), that you like and think could help your difficult child, then tell sd that heres the acceptable school that could help difficult child if all avenues are explored in mainstream and fail and that you will understand should it come to that, but you will expect them to pay for difficult child to attend such-a-such school.</span></p><p> </p><p><span style="font-family: 'Arial'">If the sd does a turn around, you havent spent big bucks on an attny- if they keep pushing things, you can choose then whether or not to drop the appeal.</span></p><p> </p><p><span style="font-family: 'Arial'">You can still (and I definitely would) keep the advocate on board and proceed with the things as they are now. Also, I told sd that if there was a particaular day that they saw difficult child getting uncontrollable, then call me to come pick him up and I'd take him home for a day or two, if this was resulting from his disability. (The same as when a kid might need to come home for a while if they were symptomaic with a physical disability.) But, I didn't want them keeping him there if it was a day where they were just going to give him mutiple write-ups.</span></p><p> </p><p><span style="font-family: 'Arial'">This is just my $0.02- and might not be the right answer for you, I understand. If you want to pursue it though, remember there is probably a short (maybe 10 day) time limit for getting an appeal in. Of course, if you think home-schooling is best for difficult child, then youre ok as is!</span></p><p> </p><p><span style="font-family: 'Arial'">Good luck!</span></p></blockquote><p></p>
[QUOTE="klmno, post: 118913, member: 3699"] [FONT=Arial]Hi, Michelle! I dont want to encourage you to do something you arent comfortable with or that could cause problems for you or the rest of your family. But, if it were me I would appeal it. Martie and Sheila have much more expertise on this than I do and could offer more suggestions.[/FONT] [FONT=Arial]My suggestion would be to call an attorney referral place and get in contact with a Special Education attny and tell him whats going on. Then, write an appeal letter (yourself) and send it certified mail to whomever made this decision about putting your difficult child on homebound (disciplinary officer maybe??). Copy (and make sure these people are listed at the bottom of the letter as being copied so everyone knows whos looking at this) the principal, the superintendent of the school system, the director of Special Education for the school system, your district rep for the school system, and the attny- with Esq. after the attnys name. List reasons for the appeal-[/FONT] [FONT=Arial]1) [/FONT][FONT=Arial]The BIP was being modified and there had not been time to implement the new one before this decision was made.[/FONT] [FONT=Arial]2) [/FONT][FONT=Arial]Adequate supervision has not been given since other students are provoking things verbally and if difficult child is warning people, then there is ample time for intervention and prevention if adequate supervision is given.[/FONT] [FONT=Arial]3) [/FONT][FONT=Arial]difficult child needs opportunity and supports to learn to take a different action when he sees the trigger and he tries to let people know that hes about to snap. (I think this shows that he is able to see the trouble coming but just needs help learning coping skills.) Have they tried social skills classses?[/FONT] [FONT=Arial]4) [/FONT][FONT=Arial]There was no specialist on board to help determine how much of difficult childs actions are a manifestation of his disability or to help come up with strategies to accommodate difficult childs needs. Its a completely unacceptable answer for the principal to decide shes/hes not going to try anymore- and I think its against the law to refuse to let a specialist get on board. In any case, they obviously didnt try everything reasonable to keep difficult child in the school if they werent even willing to explore the advice of a specialist. This point could actually be a two-parter if they are trying to expel him based on behavior not being a manifestation- since they need a specialist to determine that- especially if you disagree. (Dont sign if you disagree.) The principal is not qualified to determine this and isnt qualified to be a behavioral specialist for difficult childs specific needs. (I worded it in mine that I knew principal was busy running school and I couldnt expect principal to spend all this time dealing with my difficult child, so they needed to get someone in there who could deal with it.) Not having someone available is not justification for taking away difficult childs education in the least restrictive environment.[/FONT] [FONT=Arial]5) [/FONT][FONT=Arial]And, if difficult child absolutely cannot have educational needs met in mainstream school, then they are supposed to explore assigning difficult child to a different school, that can meet his needs. (That is less restrictive than homebound.) Dont let them stick difficult child in a school where there is no real therapeutic help and kids are just getting more and more uncontrollable (these are the ones the sd have a contract with and are less expensive usually)- do some looking around and find a good one (no matter what it cost), that you like and think could help your difficult child, then tell sd that heres the acceptable school that could help difficult child if all avenues are explored in mainstream and fail and that you will understand should it come to that, but you will expect them to pay for difficult child to attend such-a-such school.[/FONT] [FONT=Arial]If the sd does a turn around, you havent spent big bucks on an attny- if they keep pushing things, you can choose then whether or not to drop the appeal.[/FONT] [FONT=Arial]You can still (and I definitely would) keep the advocate on board and proceed with the things as they are now. Also, I told sd that if there was a particaular day that they saw difficult child getting uncontrollable, then call me to come pick him up and I'd take him home for a day or two, if this was resulting from his disability. (The same as when a kid might need to come home for a while if they were symptomaic with a physical disability.) But, I didn't want them keeping him there if it was a day where they were just going to give him mutiple write-ups.[/FONT] [FONT=Arial]This is just my $0.02- and might not be the right answer for you, I understand. If you want to pursue it though, remember there is probably a short (maybe 10 day) time limit for getting an appeal in. Of course, if you think home-schooling is best for difficult child, then youre ok as is![/FONT] [FONT=Arial]Good luck![/FONT] [/QUOTE]
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