What is QUICKEST MOST EFFECTIVE way to get out of district placement

Discussion in 'Special Ed 101' started by TheOnlyMe, Nov 3, 2008.

  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    I am writing you for guidance, my son HAS been left behind academically; he is 18 and classified ED with OHI but they refused to accept Learning Disability (LD) as confirmed in outside IEE two years ago. I have spoken to an attorney in regards to due process but am not financially able to pull him out and fight the court battle. His psychiatrist had him home bound due to lack of IEP implementation causing him to be hospitalized two years ago, last year they failed to implement his IEP last year after an IEE which caused him to regress in his mental health to the point the school district! sent hi m to a day school which helped him to acquire coping skills but NO academic. The out of district day school did an exit Woodcock-McGrew-Werder Mini Battery Achievement which showed him on 05/02/08 showed his writing grade level at 4.6, his Mathematics at 5.7 and factual knowledge at 8.0.
    This year he began the year at confident and has had no behavior issues, but he is not being support by the staff. They have made negative statements and tried everything they can to get him to quit but he will not quit school, he just wants to be taught how he can learn!
    He has failed to meet standards on his TAKS test since before the sixth grade. He is on grade level in reading but his WMI affects everything.I have power points to show regression inmost area of testing. My son has the desire to learn and wants to go to college but they have failed to meet his unique need. I am very astute in education law with IDEA and NCLB but was wondering if you could give me any ammunition which I can't find on my own. We have an approval fora new IEE. !
    My main concern is the timeliness of them approving to pay for it without having my son losing more ground he is already showing signs of regression again! I know Psychiatrist will back us up cause I have every IEP and evaluation for ten years, including communications and medical records with doctor notes I have just this year filed my first TEA complaints, two are still within 60 day time line and two have to go to OCR and OSEP. I am not allowed on campus without the Department Chair of SS being notified of my arrival!!!!!!!!! haha it don't bother me to have VIP escort on their money!
    HIS positive's outside of school. He is beginning to work with YOUTH M.O.V.E. nationally and has a job at the airport through Department of Adult Rehabilitative Services with a Homeland security clearance due to advocating and educating attorney and judges to diagnosis and current MH state at time of four tickects which were dismissed. He has made great strides but he needs an individual plan which will educate him with his muti-sensory learning style in two years or if he is successful and supported at the out of district school, he may go until he is 22.
    So do you have any pointers, suggestions, regs or Texas or Supreme case law?
    Here is the school which will fit his unique need and disability.
    Monarch School

    I love this statement on The Monarch's school web page: Traditional schooling has not proven an effective learning intervention for our students.Good people, good institutions and well-intended programs have not resulted in a successful school experience. The Monarch School accepts the challenge of crafting an environment and experience that is successful.

    We have an ARD{CANCELED DUE TO STAFF OUT NEXT APPOINTMENT NEXT MONDAY}! (tomorrow which was to be a reconvened (which I always tape and have a durable power of attorney and a written statement from him stating I am his advocate and to be invited to all meetings concerning him) but they closed it out yet we have been since MAY trying to get his annual IEP in place. They have failed to provide IEP progress report at six weeks, wont answer emails, I have meet with Special Education EXEC DIR, she has not gotten back to me for three weeks, oh heck it is a big fat stalling failing mess! His working memory index has not changed in 10 years of Special Services!!!!!!!!!!

    The doctor had changed his medications thinking it was a medication reaction come to find out it was his body reacting from the stress and anxiety from school, so he is home until he can get in to see psychiatric for in person assessment. THIS IS THE FOURTH YEAR IN A ROW WITH SAME SD!!!!!!!!!!

    I have posted on TOPAA and COPAA but sometimes it don't hurt to seek wise counsel where ever it may come.
  2. LittleDudesMom

    LittleDudesMom Well-Known Member Staff Member

    I don't have any experience with local Texas insight into past rulings and current regs. Hopefully Sheila will be along to give you some information.

    Sorry that your son is back in the same place he has been for the past four years. It must be extremely frustrating. I hope you get some answers soon and he is able to get the services he needs.

  3. Sheila

    Sheila Moderator

    Parent requests the placement an the IEP meeting; sd members agree.

    Re: case law

    wrightslaw.com has several of the landmark decisions; TEA has HO decisions on their websites. I'll check and see if I have the TEA link handy, if not, you'll find the info somewhere on in their sp ed info.
  4. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom


    Thanks for the support, it is frustrating when he is willing and they are just giving lip service. I appreciate your comment!:D
  5. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Bruce has been approved to come to ARD on Monday, and we are gonna conference on Friday. I just spent 45 minutes going over his frustrations with him an recorded his answers cuz he says he wont remember it by Monday, but I may reschedule ARD depending on Bruce's decision until after he sees his Psychiatrist on Tuesday but it has taken them a month to get an Ard scheduled every time it has been requested. I have posted this post to TOPPA and COPAA to see if I get any help there, the school I have found sounds awesome and know someone who's son went there and was able to go to college. Then I heard that four other parents have gotten the same SD to approve it but they think they had to have an attorney. I think my biggest support is their lack of implementation of IEP's, failed Taks for 6yrs except for maybe reading in 8th grade and retired IEPS goals not attained. He says on tape he just dont feel like he is gonna get educated at SD and wants to see if the Therapueric school can help him.
  6. Sheila

    Sheila Moderator

    Very good to hear the Bruce will be there.

    There's a famous case that reminds me so much of this schools failure to educate and the sd was ordered to privately place, but I can't for the life of me remember the case name. It should be one of those listed from wrightslaw.
  7. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

  8. Sheila

    Sheila Moderator

    No -- that's not it. The one I'm thinking of is an old case.
  9. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    ok still looking too...talked to The School today and she said well when parents contacts in similar situations like yours we refer them to an advocate LOL, so she is going to send me some PR material as well as the application and such.

    I called Dr's office today and asked if I should allow him to attend the ARD on Monday or reschedule and still waiting on her to call back. I did tape record him last night asking what accommodations we asked for were implemented and whether it was the delivery or the curriculm and so if he dont go being that I have his voice for them to hear. I emailed it to Bruce so he would know what difficult child's frustrations are and so we can come up with a plan.

    After 8, 9, 10 and now 11th grade of the same routine, I beleive he would do best and achieve the highest at The Monarch School.

    In preparation, the ARD does take place, what should be my main areas to focus on I do have graphs ready from ten years of evaluations, which show he has been left behind, TAKS scores and what else?


    Forgot to tell you now everytime, I enter the school the Department Chair must be notified prior to me be allowed access to the school. Also, I must be escorted while in the school.:geeky:
  10. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

  11. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Well Bruce didn't call for scheduled conference call after I sent the audio of difficult child stating accommodations not being implemented and negative statements and feelings of lack of support, so I sent a fax to cancel ARD until Psychiatrist could assess him, but offered to still hold a staffing/collaboration meeting.

    I am still looking for case law (inregards to not implementing IEP and causing damage over the last four years of being in their district) by preparing case for out of district placement. The school does have financial aide and since SSI is not considering my income for his SSI, since he is 18. I am going to try to apply for the scholarship/financial aide on his income alone and then do a notice and go for the Big time.