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Special Ed 101
When did the laws change??
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<blockquote data-quote="Martie" data-source="post: 50572" data-attributes="member: 284"><p>In 2004 IDEA changed. Now that signature given, for example, when a child was in 2nd grade, cannot be used forever by the SD to keep a child in Sp ed. This is in-line with common law that allows one to withdraw consent.</p><p></p><p>HOWEVER, if a parent withdraws consent, ALL benefits of Sp Ed are lost (makes sense) AND normal discipline applies. This means that a difficult child can be permanently expelled which CANNOT happen legally with an IEP qualified student. From my point of view, the best reason to have our type of difficult children in Special Education often is the legal protection vs arbitrary discipline and expulsion that it conveys.</p><p></p><p>My ex-difficult child got almost nothing that would be considered "typical" special education but when the going got tough, they could not unload him in middle school--and that was the point of qualifying him in the first place. It worked in middle school and although he did not attend a public high school--our choice----I did keep him registered as a public Special Education studetn as a "back up" and he remained their legal responsibility (nightmare) until I notified them that he graduated from h.s. in May 2005.</p><p></p><p>I cannot emphasize enough that you will get REALLY different services and treatment as a parent if you know the law. I lOVE Sheila's technique of asking for their "legal pronouncements" in writing--they can't produce because they are either ignorant or lying or both.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 50572, member: 284"] In 2004 IDEA changed. Now that signature given, for example, when a child was in 2nd grade, cannot be used forever by the SD to keep a child in Sp ed. This is in-line with common law that allows one to withdraw consent. HOWEVER, if a parent withdraws consent, ALL benefits of Sp Ed are lost (makes sense) AND normal discipline applies. This means that a difficult child can be permanently expelled which CANNOT happen legally with an IEP qualified student. From my point of view, the best reason to have our type of difficult children in Special Education often is the legal protection vs arbitrary discipline and expulsion that it conveys. My ex-difficult child got almost nothing that would be considered "typical" special education but when the going got tough, they could not unload him in middle school--and that was the point of qualifying him in the first place. It worked in middle school and although he did not attend a public high school--our choice----I did keep him registered as a public Special Education studetn as a "back up" and he remained their legal responsibility (nightmare) until I notified them that he graduated from h.s. in May 2005. I cannot emphasize enough that you will get REALLY different services and treatment as a parent if you know the law. I lOVE Sheila's technique of asking for their "legal pronouncements" in writing--they can't produce because they are either ignorant or lying or both. Martie [/QUOTE]
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When did the laws change??
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