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You wont believe this

Submitted by an LD OnLine user on

I told you all that my son was removed verbally from resource without mine or my husbands permission. We called the school stated our position that we felt he needed to stay in resource, not only that the resource teacher agreed with us. Then today we get an “updated” copy of page K of his IEP, it states that starting January 6th he is no longer a resource student but a consult student only. They must be stupid to think I am not going to say anything. Who do they think they are???? If the resource teacher and the parents feel support is still necessarry what do they think they are doing? He failed THEIR state assessment in reading and math and then they pull this crap. Granted we are remediating his skills at home but he needs the support he was getting at school to succeede. Oh this people.

Submitted by Anonymous on Sat, 10/26/2002 - 3:34 AM

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my god its the year 2002 and we all still have to fight like crazy for our kids. The school system is really sucking the life out of me also.Lets not give up. Thanks for letting me vent.

Submitted by Anonymous on Sat, 10/26/2002 - 5:53 AM

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Lisa,

You need to write a letter showing that you know the law and that they are breaking the law. You can find the IDEA regulations and index to them at:
http://www.ideapractices.org/law/regulations/topicIndex.php

I’ve included the important ones below. You are a member of the IEP team and they can’t make decisions without you. They can’t make a change of placement without Prior Written Notice which meets the definintion below. Write your letter and feel free to either email me or post it for input. Once they know you know the law they will more then likely do an about face.

Helen

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

§300.503 Prior notice by the public agency; content of notice.
(a) Notice.
(1) Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency—
(i) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
(ii) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
(2) If the notice described under paragraph (a)(1) of this section relates to an action proposed by the public agency that also requires parental consent under §300.505, the agency may give notice at the same time it requests parent consent.

(b) Content of notice. The notice required under paragraph (a) of this section must include—
(1) A description of the action proposed or refused by the agency;
(2) An explanation of why the agency proposes or refuses to take the action;
(3) A description of any other options that the agency considered and the reasons why those options were rejected;
(4) A description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action;
(5) A description of any other factors that are relevant to the agency’s proposal or refusal;
(6) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and
(7) Sources for parents to contact to obtain assistance in understanding the provisions of this part.
(c) Notice in understandable language.
(1) The notice required under paragraph (a) of this section must be—
(i) Written in language understandable to the general public; and
(ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
(2) If the native language or other mode of communication of the parent is not a written language, the public agency shall take steps to ensure—
(i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
(ii) That the parent understands the content of the notice; and
(iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.
(Authority: 20 U.S.C. 1415(b)(3), (4) and (c), 1414(b)(1))

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