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Special Ed 101
Teen ADHD no 504 Suspened entire year! HELP!
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<blockquote data-quote="Martie" data-source="post: 85057" data-attributes="member: 284"><p>I am very sorry for your situation. IF you have never requested an evaluation or notified your SD in writing (preferably by certified mail) that your daughter has a disability, then she can be expelled and there is not much you can do about it.</p><p></p><p>This is why EVERY student who has a disability of any kind, should be under the protection of IDEA 2004 in my opinion. It does not matter whether or not you THINK your child would ever do anything to get expelled. This child did not do anything--but zero tolerance kicked in. Zero Tolerance does not apply to students with IEPs. The SD must still supply FAPE.</p><p></p><p>Back to your situation: if your child is NOT on an IEP or you did not write the above letter, then I would suggest that you start looking for ways to make this year a productive one. There are on-line opportunities for your daughter to continue her education, although unless you can supervise closely, this is not an ideal situation for a child with ADHD.</p><p></p><p>The other thing you can do is write a letter to the Director of Special Education and IF ANYONE AT THE SCHOOL KNEW YOUR DAUGHTER WAS ON MEDICATION, use this as the school's "notice" that she might be a child with a disability. This is a stretch, especially since you have already appealed unsuccessfully, but Federal law trumps all local regulations. Other ideas include contacting an attorney if you can afford one or legal aid if you cannot. We have many members who fall in between: attorneys are costly, but on the other hand, legal aide does not take clients who are at all solvent plus it is difficult to find a legal aide attorney who knows school law well--most do housing and domestic violence a whole lot better.</p><p></p><p>Your situation makes me very angry and I am just sick for you. Your options are limited but the best hope is to "prove" that the school knew or should have known that your daughter has a disability.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 85057, member: 284"] I am very sorry for your situation. IF you have never requested an evaluation or notified your SD in writing (preferably by certified mail) that your daughter has a disability, then she can be expelled and there is not much you can do about it. This is why EVERY student who has a disability of any kind, should be under the protection of IDEA 2004 in my opinion. It does not matter whether or not you THINK your child would ever do anything to get expelled. This child did not do anything--but zero tolerance kicked in. Zero Tolerance does not apply to students with IEPs. The SD must still supply FAPE. Back to your situation: if your child is NOT on an IEP or you did not write the above letter, then I would suggest that you start looking for ways to make this year a productive one. There are on-line opportunities for your daughter to continue her education, although unless you can supervise closely, this is not an ideal situation for a child with ADHD. The other thing you can do is write a letter to the Director of Special Education and IF ANYONE AT THE SCHOOL KNEW YOUR DAUGHTER WAS ON MEDICATION, use this as the school's "notice" that she might be a child with a disability. This is a stretch, especially since you have already appealed unsuccessfully, but Federal law trumps all local regulations. Other ideas include contacting an attorney if you can afford one or legal aid if you cannot. We have many members who fall in between: attorneys are costly, but on the other hand, legal aide does not take clients who are at all solvent plus it is difficult to find a legal aide attorney who knows school law well--most do housing and domestic violence a whole lot better. Your situation makes me very angry and I am just sick for you. Your options are limited but the best hope is to "prove" that the school knew or should have known that your daughter has a disability. Martie [/QUOTE]
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Teen ADHD no 504 Suspened entire year! HELP!
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