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Special Ed 101
This is so foreign to me~~
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<blockquote data-quote="Martie" data-source="post: 14150" data-attributes="member: 284"><p>It is a BIG legal problem (for them) that they held a "pre-meeting" without you and the evidence is they came to the IEP meeting with the BIP finished.</p><p></p><p>I think it is a bad idea to move a child four months before a natural transition that will happen anyway. I usually do not lightly suggest that a parent file for due process, but this is a case where it might be a good tactic. In IL, at least, it would take 4 months for the Due Process to come to hearing.</p><p></p><p>If you do this, Sheila can advise you about whether or not it is rational to go to DP in TX without an attorney. It is not OK in IL, but I could make it work well enough that your son would never move before he left el school (unless he commits acts considered dangerous to self and others.)</p><p></p><p>To do this, you would need to follow TX law in regard to filing a complaint--if I were you, other than the egregious violation of meeting without you (which they will try to potray as a "planning" meeting only), is I would ask for TONS of data supporting their BIP. Have they observed difficult child in several settings. What are the target behaviors? What are the replacement behaviors? How restrictive are the interventions? They have to try less restrictive options before they move to a different campus. YOu also could ask the principal for data supporting the assertion difficult child has "no friends," sound to me like one of those cruel things that get said--but does he have the data to back it up?</p><p></p><p>To be called on their lack of data will slow them down--mean time, difficult child "stays put" where he is.</p><p></p><p>Then I would ask for lots of data during the 4 to 6 week trial of the new BIP --daily data, weekly data, data for different classes. Collecting this type of data is very time consuming but it is basis of both BIP and RTI.</p><p></p><p>IF the SD is not responsive, then you can ask for Due Process--which is governed by Federal rules and TX rules as well. There may be "mediation" that is "voluntary" but required. In addition, you should point out that difficult child is going to middle school and ask for a transition meeting also (to figure out if the middle school is more cooperative) BY CERTIFIED MAIL.</p><p></p><p>In addition, there are time-lines for all these things and you want to take as long as possible--so you are required to have 10 days in writing notice of an IEP meeting--don't waive this right.</p><p></p><p>The "REAL" issue is planning for middle school but the above tactics will take long enough that it is highly likely your difficult child will finish this year where he is.</p><p></p><p>In order for this to work, your husband has to get his emotions under control. For anyone thinking of going this route alone, he/she needs to order From Emotions to Advocacy from Wrightslaw.com</p><p></p><p>I know how to use the law to keep a student in place for 4 months--especially since the SD as violated the law blatantly. Whether you can do this yourself depends on how quick a study you are and whether you can develop a really thick skins fast.</p><p></p><p>The other thing you want to do is start being REALLY nice to the middle school folks--try to split them off from the "illegal" grade school people. Let them know that difficult child will be with them for the duration of middle school and you certainly want a cooperative relationship. Ideally, they will see you as reasonable if they are but unwilling to allow the grade school to hurt difficult child. This cannot happen if husband is upset and shouting and you are crying. Worst case scenario is the middle school doesn't want difficult child and they are trying to get the grade school to do their dirty work. However, do not assume the worst, yet.</p><p></p><p>Martie :warrior: :warrior: :warrior:</p></blockquote><p></p>
[QUOTE="Martie, post: 14150, member: 284"] It is a BIG legal problem (for them) that they held a "pre-meeting" without you and the evidence is they came to the IEP meeting with the BIP finished. I think it is a bad idea to move a child four months before a natural transition that will happen anyway. I usually do not lightly suggest that a parent file for due process, but this is a case where it might be a good tactic. In IL, at least, it would take 4 months for the Due Process to come to hearing. If you do this, Sheila can advise you about whether or not it is rational to go to DP in TX without an attorney. It is not OK in IL, but I could make it work well enough that your son would never move before he left el school (unless he commits acts considered dangerous to self and others.) To do this, you would need to follow TX law in regard to filing a complaint--if I were you, other than the egregious violation of meeting without you (which they will try to potray as a "planning" meeting only), is I would ask for TONS of data supporting their BIP. Have they observed difficult child in several settings. What are the target behaviors? What are the replacement behaviors? How restrictive are the interventions? They have to try less restrictive options before they move to a different campus. YOu also could ask the principal for data supporting the assertion difficult child has "no friends," sound to me like one of those cruel things that get said--but does he have the data to back it up? To be called on their lack of data will slow them down--mean time, difficult child "stays put" where he is. Then I would ask for lots of data during the 4 to 6 week trial of the new BIP --daily data, weekly data, data for different classes. Collecting this type of data is very time consuming but it is basis of both BIP and RTI. IF the SD is not responsive, then you can ask for Due Process--which is governed by Federal rules and TX rules as well. There may be "mediation" that is "voluntary" but required. In addition, you should point out that difficult child is going to middle school and ask for a transition meeting also (to figure out if the middle school is more cooperative) BY CERTIFIED MAIL. In addition, there are time-lines for all these things and you want to take as long as possible--so you are required to have 10 days in writing notice of an IEP meeting--don't waive this right. The "REAL" issue is planning for middle school but the above tactics will take long enough that it is highly likely your difficult child will finish this year where he is. In order for this to work, your husband has to get his emotions under control. For anyone thinking of going this route alone, he/she needs to order From Emotions to Advocacy from Wrightslaw.com I know how to use the law to keep a student in place for 4 months--especially since the SD as violated the law blatantly. Whether you can do this yourself depends on how quick a study you are and whether you can develop a really thick skins fast. The other thing you want to do is start being REALLY nice to the middle school folks--try to split them off from the "illegal" grade school people. Let them know that difficult child will be with them for the duration of middle school and you certainly want a cooperative relationship. Ideally, they will see you as reasonable if they are but unwilling to allow the grade school to hurt difficult child. This cannot happen if husband is upset and shouting and you are crying. Worst case scenario is the middle school doesn't want difficult child and they are trying to get the grade school to do their dirty work. However, do not assume the worst, yet. Martie [img]:warrior:[/img] [img]:warrior:[/img] [img]:warrior:[/img] [/QUOTE]
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