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Re: Re: Learning Disability

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In a message dated 12/29/2007 10:19:25 P.M. Eastern Standard Time, SBShaft@... writes:

I could be wrong, because it's been a while since I've dusted off my IDEA law books, but I believe, if the school requests an evaluation and the parent refuses, you then you don't have much recourse against the school district should your child continue to fail. If your child continues to fail, they can say they wanted to help and tried to do an eval to find out what help -- if any -- was needed, but you refused. Therefore, if it were me, I would let them do the evaluation. Doing an MFE is not a promise of services...it is a process to find out if there is a need for services/accommodations. Actually, if you let them do the eval, and they find your child qualifies for services, then you actually have MORE rights than otherwise. Yeah, it's seems a little backwards, but it makes sense once you're in it. If they do the eval and find your child does not qualify for services, well, then I would ask them what they plan to do to help your child succeed. I honestly don't know the rights of children who are non-disabled, but No Child Left Behind says all children must be working up to grade level by either 2012 or 2014. So.....there is bound to be something they should do, even if your child is found to not have a disability. Looking up No Child Left Behind on the internet would be another step to take. I have some experience with this district, although only with the elementary schools. I felt that their math curriculum was a bit awkward. That might be part of it. Adjusting to the change in districts might be part of the problem, as could be other students...it is tough to jump in to a new place at that age. However, have you asked your child about school? Does she indicate anything is bothering her? If you'd like, please feel welcome to e-mail me off-list. --Suzanne>> Our family is new to Nordonia Hills School District. We moved from > Maple Heights in March, 2007 and my daughter attends Lee Eaton > Elementary, Summit County, and has been having trouble adjusting to > the new school, curriculum, friends, etc. Firstly, she had been > having trouble keeping her grades up to par in Math and was receving > an "F" grade. I communicated with her teachers, hired a tutor and > helped my daughter at home at much as I could but to no avail, her > grades are not getting better and on top of that stress, my daughter > grades are slipping in her other classes so the IAT team at the > school had a meeting regarding my daughter and decided that my > daughter should be tested for a learning disability because they can > not accommodate or provide her with other alternatives to help her > succeed, such as another class which will teach her based on the pace > she is currently at. I do not believe my daughter has a learning > disabiity, I believe it is an easy "cop out" for the school to just > try and label her with a learning disablity.> > My question to those reading, is there an Ohio law that requires > schools to be responsible for students they cannot accommodate > academically or is it just up to the parent? What are my rights? > What other alternatives do I have in a situation like this? Anyone > with any information, advice or resource on this subject, it would be > greatly appreciated. Thanks for listening.>

Hi...

I think it would be great to get a copy of IDEA on line and see what your rights are because your child definitely has them!

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