How do we get a child out of Special Ed

The law is certainly on your side. Your child should be in “the least restrictive environment.” Have you looked into local advocacy groups?

NO, I am just starting all of my research now–wrting any letters and getting all of his work at home together that we have worked on so that I can prove to them (for their own sake) even If I have to pull him into this IEP meeting that we have called for.

In his IEP it says things like—he will be able to write sentences using noun and verb—since the beginning of the school year he has spelling words (usually 13) and with those he has to write sentences (full)

I DO NOT do this for him—he writes them, I circle the misspelled words and then he looks them up in his dictionary (children’s) and fixes them. If the sentence does not make sense I X it and he fixes it.

Of course on the IEP it just says P—Progressing

He does lots of other things that I know 2nd is doing BUT because I have been wortking so hard for him

Any other suggestions

Thanks

Aware 808-536-9684
808-536-2280
800-533-9684

Palau Parent Network 808-945-1532

Aware 808-536-9684
808-536-2280
800-533-9684

Palau Parent Network 808-945-1532

Rose,

Thanks for the info—I will call give them a call

Thanks again!!!

Under what circumstances does he qualify for sped? Is he in a self-contained sped classroom, or how much time does he spend in sped daily?
STOMP (Specialized Training for Military Parents) is an advocacy group for military parents with special needs kids.You can contact them through the website of the Washington State parent training and education center (see the “Finding Help” section of this website.) Also, contact the local military hospital/base for the Exceptional Family Member Program Coordinator. You are required to enroll in this program if you have a dependent with special needs. Many servicemembers don’t, thinking it will hurt their careers or simply that they don’t need it. It does NOT affect a military person’s career. They simply determine the level of services needed and put a code in the record that is only used when new assignments are considered. This is to make sure that no family is sent to a location where the services their child needs are not available. Doesn’t mean the service member can’t be deployed or sent unaccompanied, like anyone else. They should be able to offer you some advice on the law and dealing with the local school system.
There is also a brand new site, www.EFMconnections.org for military families with special needs— I haven’t had time to explore it yet, just started FEb. 14.

Thanks for the info—

He hasn’t officially been diagnosed with ANYTHING yet—we had in put in in first grade due to his birth mother not wanting anything to do with him and now unfortunately he is stuck in the system because he was a slow learner (due to the problems mentioned) and is now still a slow learner at school because they do not push indepedence—At home , that is another story—he can do the work I make him do (second grade level)

Thanks again and I will look into those sites…

Sorry for all of the misspellings—just frustrated when I wrote it

They can not MAKE you accept the placement. The ONLY way they can make you is by filing due process on you!They can NOT simply say no,you are an equal member of the IEP team! I will post the sections of IDEA below..

Due Process Procedures for Parents and Children

§300.500 General responsibility of public agencies; definitions.

(a) Responsibility of SEA and other public agencies. Each SEA shall ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of §§300.500-300.529.

(b) Definitions of “consent,” “evaluation,” and “personally identifiable.” As used in this part—

(1) Consent means that—

(i) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;

(ii) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(iii)

(A) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.

(B) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

(2) Evaluation means procedures used in accordance with §§300.530-300.536 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs; and

(3) Personally identifiable means that information includes—

(i) The name of the child, the child’s parent, or other family member;

(ii) The address of the child;

(iii) A personal identifier, such as the child’s social security number or student number; or

(iv) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

(Authority: 20 U.S.C. 1415(a))

§300.501 Opportunity to examine records; parent participation in meetings.

(a) General. The parents of a child with a disability must be afforded, in accordance with the procedures of §§300.562- 300.569, an opportunity to—

(1) Inspect and review all education records with respect to—

(i) The identification, evaluation, and educational placement of the child; and

(ii) The provision of FAPE to the child; and

(2) Participate in meetings with respect to—

(i) The identification, evaluation, and educational placement of the child; and

(ii) The provision of FAPE to the child.

(b) Parent participation in meetings.

(1) Each public agency shall provide notice consistent with §300.345(a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (a)(2) of this section.

(2) A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the child’s IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

(c) Parent involvement in placement decisions.

(1) Each public agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.

(2) In implementing the requirements of paragraph (c)(1) of this section, the public agency shall use procedures consistent with the procedures described in §300.345(a) through (b)(1).

(3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.

(4) A placement decision may be made by a group without the involvement of the parents, if the public agency is unable to obtain the parents’ participation in the decision. In this case, the public agency must have a record of its attempt to ensure their involvement, including information that is consistent with the requirements of §300.345(d).

(5) The public agency shall make reasonable efforts to ensure that the parents understand, and are able to participate in, any group discussions relating to the educational placement of their child, including arranging for an interpreter for parents with deafness, or whose native language is other than English.

(Authority: 20 U.S.C. 1414(f), 1415(b)(1))

Thank you so much for the info!!!!

Rover, you are a great resource for us military folks. I hadn’t heard of the new website. Thanks!
Amy

It was not easy.

A few tips.
You need to bring up the fact that you believe the current environment in not the least restrictive environment. Maintain that you want him in the least restrictive environment as his right under IDEA.

Write a letter and CC everyone involved principal, sped director etc etc.. Explain why you believe the current environment could be harmful and that you are refusing sped placement at this time.

I really had to make my position very clear in writing before they would do it. You also can’t hem and haw at the meetings be very clear, this is what you want and will accept nothing less.

My son is doing much better outside of sped.
It was a very good decision.

I’m uncomfortable with the fact that he has spent several years in SpEd without a diagnosis. I think that part of your discussions with the school should be a full evaluation. There are some very qualified posters here who could give you more information on specific tests to request if you post areas of concern. but I would think that a full-time SpEd placement would involve more than “being a slow learner”

Just my opinion..

If your has a disability he will always be a step or two behind. But he will learn. It would help if I knew what his diability is? He should be included in a regular ED class for most or all of the day if he is LD. There is nothing wrong with being LD he should be able to go to collage and do most anything he wants.But if you are sure or just want to try education with out supports for him. At his next IEP meeting refuse specail education services, but rememeber he will have to do what other children are doing with out any intervention, all homework , test, no shortened assignments, and no longer time.
This should be able to be solved with you giveing up services. Call your state department of education and see if they can adviise you or came to your next IEP meeting. You can request a meeting at the school to go over this even if it is not time for a anual review.Get all your rights explained to you and make sure if you remove him you can get him back in with out a long lenght of time.
FOR MORE INFORMATION:
State … 733-4400

Oahu

Honolulu … 733-4986, 733-4989, 733-4940
Central … 622-6425, 622-6432
Leeward … 675-0384
Windward … 233-5710, 233-5717
Hawaii

East HI … 974-4535
South HI … 982-4242
West HI … 327-4687
Maui … 873-3520, 873-3527

Molokai … 553-1723

Lanai … 553-1723

Kauai … 274-3504

http://doe.k12.hi.us/specialeducation

I will call them today because we are supposed to have a meeting very soon(just requested it a couple of days ago

Your child does not have to give up all services for you to get him placed in “the laeast restrictive environment.” He can still get accomodations and services even if he is completely mainstreamed.

>At his next IEP meeting
> refuse specail education services, but rememeber he will have
> to do what other children are doing with out any
> intervention, all homework , test, no shortened assignments,
> and no longer time.
> This should be able to be solved with you giveing up
> services.

i’m confused - special education is not a placement - its a service. if you pull your child from “special ed” you no longer are entitled to services. your child will be graded, educated, etc. like a reg ed student. be sure this is what you want and not just a change in placement.

This is the best of both worlds. He will attend the gen ed classroom and receive ALL the accommodations needed, i.e., he keeps his IEP. The teachers (general ed & spec ed) meet 1x/wkly for 15 minutes to discuss your child’s needs. As indicated above, special ed is a service NOT a location.