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Special Ed 101
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<blockquote data-quote="Martie" data-source="post: 21782" data-attributes="member: 284"><p>Your SD is violating the law. If a child's disability is so severe that she needs to be removed to a restrictive setting, then she surely would qualify for an IEP. The reason SD give out so many 504 plans is they know there is no enforcement mechanism short of your filing in Federal District Court for violations of civil rights.</p><p></p><p>To help your child, you need to self educate very quickly. A good place to do this is <a href="http://www.wrightslaw.com." target="_blank">http://www.wrightslaw.com.</a> This is my favorite website for parents self-education. In addition, there are archives on this board under Sp Ed about "getting started." </p><p></p><p>Rule #1 STAY OFF THE PHONE. So not call the superintendent. Nothing you say will be documented and if you "lose it" and cry or get angry, they will blame you.</p><p></p><p>Rule #2 Communicate by mail and SEND IT CERTIFIED RETURN RECEIPT REQUIRED. In this way only can you prove that your SD was notified.</p><p></p><p>If your daughter has not had a full case study evaluation that was reviewed by a team that must include certain people and YOU as a full participating member, then one needs to be done. The law [20 U.S.C. § 1414 et seq.] covers all aspects of evaluation components and who must attend meetings, etc</p><p>.</p><p>If your daughter IS Special Education eligibleit doesnt sound like it but IF, then you need to call an IEP meeting to consider her placement. IF you wanted to keep her where she is, that probably could be done by someone knowledgeable in the law using due process violations, manifestation determination, and stay put. However, it seems as if you want her to go to a special school. Have you visited it? Is there more than one option? When you have the meeting, dont agree to a placement unless you have visited the proposed placement. Some schools/classes for EBD students are really bad. You need to look at what is being suggested. </p><p></p><p>If your child is very volatile and marginalized, you may want to keep her at home until something can be worked out. I dont like the feeling of disregard for procedures and law from a SD that would suspend for 5 days without a hearing or paying attention to due process and based on hear-say.</p><p></p><p>Rule #3 Never go to one of these meetings alone. They are very stressful and you need someone to at a minimum take notes for you. It would be best to take someone who knows the law wellbut short of that, you should not go alone. You must follow with a memo of understanding and SEND IT CERTIFIED.</p><p></p><p>Do not sign anything at the meeting-say you need to take it home and think about it. Dont fall for one time offers, this is your childs lifenot selling used cars.</p><p>There are sample letters also in the archives that you can use by adapting to your situation.</p><p></p><p>Rule #4 Start a very good filing system and use it. You will need to be able to access all these communications in order to advocate effectively.</p><p></p><p>In the letter you write requesting either an evaluation or a meeting, also ask for a copy of your childs entire school record. This is your right under the Buckley Amendment. The SD may not charge you for photocopying if it is a financial burden for you.</p><p></p><p>You must be a :warrior: for your child. If you do not advocate for her, no one else will.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 21782, member: 284"] Your SD is violating the law. If a child's disability is so severe that she needs to be removed to a restrictive setting, then she surely would qualify for an IEP. The reason SD give out so many 504 plans is they know there is no enforcement mechanism short of your filing in Federal District Court for violations of civil rights. To help your child, you need to self educate very quickly. A good place to do this is [url="http://www.wrightslaw.com."]http://www.wrightslaw.com.[/url] This is my favorite website for parents self-education. In addition, there are archives on this board under Sp Ed about "getting started." Rule #1 STAY OFF THE PHONE. So not call the superintendent. Nothing you say will be documented and if you "lose it" and cry or get angry, they will blame you. Rule #2 Communicate by mail and SEND IT CERTIFIED RETURN RECEIPT REQUIRED. In this way only can you prove that your SD was notified. If your daughter has not had a full case study evaluation that was reviewed by a team that must include certain people and YOU as a full participating member, then one needs to be done. The law [20 U.S.C. § 1414 et seq.] covers all aspects of evaluation components and who must attend meetings, etc . If your daughter IS Special Education eligibleit doesnt sound like it but IF, then you need to call an IEP meeting to consider her placement. IF you wanted to keep her where she is, that probably could be done by someone knowledgeable in the law using due process violations, manifestation determination, and stay put. However, it seems as if you want her to go to a special school. Have you visited it? Is there more than one option? When you have the meeting, dont agree to a placement unless you have visited the proposed placement. Some schools/classes for EBD students are really bad. You need to look at what is being suggested. If your child is very volatile and marginalized, you may want to keep her at home until something can be worked out. I dont like the feeling of disregard for procedures and law from a SD that would suspend for 5 days without a hearing or paying attention to due process and based on hear-say. Rule #3 Never go to one of these meetings alone. They are very stressful and you need someone to at a minimum take notes for you. It would be best to take someone who knows the law wellbut short of that, you should not go alone. You must follow with a memo of understanding and SEND IT CERTIFIED. Do not sign anything at the meeting-say you need to take it home and think about it. Dont fall for one time offers, this is your childs lifenot selling used cars. There are sample letters also in the archives that you can use by adapting to your situation. Rule #4 Start a very good filing system and use it. You will need to be able to access all these communications in order to advocate effectively. In the letter you write requesting either an evaluation or a meeting, also ask for a copy of your childs entire school record. This is your right under the Buckley Amendment. The SD may not charge you for photocopying if it is a financial burden for you. You must be a [img]:warrior:[/img] for your child. If you do not advocate for her, no one else will. Martie [/QUOTE]
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