Forums
New posts
Search forums
What's new
New posts
New profile posts
Latest activity
Internet Search
Members
Current visitors
New profile posts
Search profile posts
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Forums
Parent Support Forums
General Parenting
What do you do about school??
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="rlsnights" data-source="post: 315711" data-attributes="member: 7948"><p>There are multiple levels of public educational placement that range from no restriction (regular public school) to most restrictive (Residential Treatment Center (RTC)). IDEA (the law and regulations that govern special education in the US) calls for placing a child in the LEAST restrictive environment (LRE for short) that is appropriate for a given child. This does not mean that every child should be able to go to regular public school. It just means that, unless other factors override it, that a placement in the least restrictive environment is preferable over a more restrictive one. </p><p></p><p>So for example, it is preferable to place a child with learning disabilities (Learning Disability (LD)) in public school with Special Education support than in a stand alone day class of children with Learning Disability (LD)'s - unless some overriding factor determines that the stand alone class would be the better placement for the child.</p><p></p><p>The special education program at your local school district (SD) appears to be deliberately avoiding their legal responsibilities for creating an appropriate Individualized Educational Plan (IEP). They have failed to offer an educational placement for your son that allows him to have a Free and Appropriate Public Education (FAPE for short).</p><p></p><p>It is the SD's responsibility(not yours) to ensure that your child has access to FAPE. They have not done this therefore you could go to "due process" which is the legal option for parents who disagree with the SD's offer of FAPE. If what you are saying is correct, you will win hands down against the SD and may even wind up with a settlement for lost educational time (kind of like lost wages if you get hurt at work).</p><p></p><p>BUT you must get yourself an advocate - either a lawyer specializing in special education or a professional Special Education advocate - and you need one right away. This is tough because it is clear that you do not have $$ to throw at this and most advocates will require a retainer of some kind or at least that you pay them for the initial appointment.</p><p></p><p>Once the advocate has reviewed your case they will decide whether they think it is winnable and, if they do, are unlikely to ask for any more money at that time. If they win in mediation or in court, their fees will be paid by the SD or, if agreed, by you out of any cash settlement you get.</p><p></p><p>You need an advocate for 2 reasons:</p><p></p><p>1. The advocate will be able to help you understand what's going on and what the SD's real options are for an educational placement for your child. At this point it sounds like the SD is keeping you in the dark and feeding you s**t.</p><p></p><p>2. The advocate will file due process against the SD - essentially sue them. Supposedly you can represent yourself and do this but, unless you are a lawyer yourself, you stand a snowball's chance in h**l of winning if you try to represent yourself. It sounds to me like it would be unlikely you would get all the way to a due process hearing. The first step after filing is to go to mediation. If what you've said is true and you have any evidence to support you then you will almost certainly "win" in mediation.</p><p></p><p>Every state has Regional Centers that provide services and support to individuals with certain disabling conditions particularly CP and Autism. I would figure out which Regional Center in your state is closest to you and then call them about your situation. Here in California there are advocates paid by the Regional Center Districts that provide advocacy services for FREE to anyone whose child has an IEP or might qualify for an IEP.</p><p></p><p>It can take a long time to get an appointment so you want to track this down today and see about getting on a waiting list. Have them send you an intake form, complete it and return it as soon as you can. Most advocates triage the intakes and when they see your situation are likely to bump you to the top of the list.</p><p></p><p>Frankly, you need to get a fast education in Special Education law and lots of advice about how to organize your records and manage this process all while managing an unstable out of control kid. been there done that. Here's where you want to go: <a href="http://www.wrightslaw.com" target="_blank">www.wrightslaw.com</a>.</p><p></p><p>And as others have said, you need to do what it takes to get your child stable or it won't matter what educational setting he's in, it won't work.</p><p></p><p>Based on our experience, getting stable (given your description) is likely to require medication changes and at least a temporary placement out of your home at a psychiatric hospital or other residential treatment facility. The longer you fight this reality (again given your description) the more you may come to regret not acting sooner. I'm not a doctor and certainly don't know what is best for your child. You need to work with the psychiatrist (psychiatrist) and SD to find the best combination of placement for your child to get him stable. Once stable then you can consider a less restrictive placement.</p><p></p><p>Add a signature line so we know more about you and your difficult child (gift from god). Go to the User CP page and choose signature from the left hand menu then just write something up similar to what you see at the end of other people's posts.</p><p></p><p>Turn your anger and upset into purposeful action today.</p></blockquote><p></p>
[QUOTE="rlsnights, post: 315711, member: 7948"] There are multiple levels of public educational placement that range from no restriction (regular public school) to most restrictive (Residential Treatment Center (RTC)). IDEA (the law and regulations that govern special education in the US) calls for placing a child in the LEAST restrictive environment (LRE for short) that is appropriate for a given child. This does not mean that every child should be able to go to regular public school. It just means that, unless other factors override it, that a placement in the least restrictive environment is preferable over a more restrictive one. So for example, it is preferable to place a child with learning disabilities (Learning Disability (LD)) in public school with Special Education support than in a stand alone day class of children with Learning Disability (LD)'s - unless some overriding factor determines that the stand alone class would be the better placement for the child. The special education program at your local school district (SD) appears to be deliberately avoiding their legal responsibilities for creating an appropriate Individualized Educational Plan (IEP). They have failed to offer an educational placement for your son that allows him to have a Free and Appropriate Public Education (FAPE for short). It is the SD's responsibility(not yours) to ensure that your child has access to FAPE. They have not done this therefore you could go to "due process" which is the legal option for parents who disagree with the SD's offer of FAPE. If what you are saying is correct, you will win hands down against the SD and may even wind up with a settlement for lost educational time (kind of like lost wages if you get hurt at work). BUT you must get yourself an advocate - either a lawyer specializing in special education or a professional Special Education advocate - and you need one right away. This is tough because it is clear that you do not have $$ to throw at this and most advocates will require a retainer of some kind or at least that you pay them for the initial appointment. Once the advocate has reviewed your case they will decide whether they think it is winnable and, if they do, are unlikely to ask for any more money at that time. If they win in mediation or in court, their fees will be paid by the SD or, if agreed, by you out of any cash settlement you get. You need an advocate for 2 reasons: 1. The advocate will be able to help you understand what's going on and what the SD's real options are for an educational placement for your child. At this point it sounds like the SD is keeping you in the dark and feeding you s**t. 2. The advocate will file due process against the SD - essentially sue them. Supposedly you can represent yourself and do this but, unless you are a lawyer yourself, you stand a snowball's chance in h**l of winning if you try to represent yourself. It sounds to me like it would be unlikely you would get all the way to a due process hearing. The first step after filing is to go to mediation. If what you've said is true and you have any evidence to support you then you will almost certainly "win" in mediation. Every state has Regional Centers that provide services and support to individuals with certain disabling conditions particularly CP and Autism. I would figure out which Regional Center in your state is closest to you and then call them about your situation. Here in California there are advocates paid by the Regional Center Districts that provide advocacy services for FREE to anyone whose child has an IEP or might qualify for an IEP. It can take a long time to get an appointment so you want to track this down today and see about getting on a waiting list. Have them send you an intake form, complete it and return it as soon as you can. Most advocates triage the intakes and when they see your situation are likely to bump you to the top of the list. Frankly, you need to get a fast education in Special Education law and lots of advice about how to organize your records and manage this process all while managing an unstable out of control kid. been there done that. Here's where you want to go: [url]www.wrightslaw.com[/url]. And as others have said, you need to do what it takes to get your child stable or it won't matter what educational setting he's in, it won't work. Based on our experience, getting stable (given your description) is likely to require medication changes and at least a temporary placement out of your home at a psychiatric hospital or other residential treatment facility. The longer you fight this reality (again given your description) the more you may come to regret not acting sooner. I'm not a doctor and certainly don't know what is best for your child. You need to work with the psychiatrist (psychiatrist) and SD to find the best combination of placement for your child to get him stable. Once stable then you can consider a less restrictive placement. Add a signature line so we know more about you and your difficult child (gift from god). Go to the User CP page and choose signature from the left hand menu then just write something up similar to what you see at the end of other people's posts. Turn your anger and upset into purposeful action today. [/QUOTE]
Insert quotes…
Verification
Post reply
Forums
Parent Support Forums
General Parenting
What do you do about school??
Top