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RE: Need Advice about Middle School placement.

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My son also is transitioning next year to middle school and already

they are talking basic life skils program again after he has been in a

15:1:1 and the gen ed class 50/50. This also is a LRE situation. He

has progressed in this environment, albeit sowly, so this is the

appropriate placemnt for him (LRE). The law states that the LRE for

your child is the neighborhood school where their sisters and brothers

would go. I would fight to keep her where she is known by her

neighborhood peer group. They tried to send my son to one of the other

elementary schools saying they didn't have a p[lacement in our home

school but I just stated that the law says he must be educated in his

neighborhood school and we created a placement. I would call your

local Dept of Education and speak with them about what you can do.

Sometimes a call from them to the district SPEDHEAD helps. Have you

talked to your sped director about this? That would be my first step

and then if she gives you the " wee don't have that placement in this

school " Call the education dept and speak with them or find your local

advocacy agency to speak with someone.

Loree

Need Advice about Middle School placement.

 

Amelia is due to go to Middle School in Northern Va this upcoming fall.

Her IEP is at the end of this month. I want her to go to her base

school(as does she) with the kids she's been in school with for the

last three years but am hearing that the ID kids in my county all go to

a middle school in the county seat which is 30 miles away. I am

wondering if anyone can tell me who decides on " least restrictive "

criteria being met. Or any thoughts on what legal rights I have

regarding her going to her neighborhood school. Thanks.

Ann (Wife to Mark and Mom to Amelia 11 w/ds and Jake 10)

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It was at the beginning of education for our kids with ds, but Jan never

went to school in the local district. We looked to see if it was

possible but came to the conclusion that she was on the right path for

her. Now this was SPED home rooms with a moderate amount of inclusion

(classes and social) then called mainstreaming. She had one on six

ratios through her 15 years and thrived. In the local district, the

equivalent classes were mixed LD/ED and the ED kids were very

disruptive. The teacher was great, but it would have been an awful

environment for Jan.T

She had academics from the start to the end. Every 3-4 years, she moved

to a different classroom, teacher, and sometimes school. We had only

one bad placement and that was fixed within a couple of months. Using

parent and teacher networking, we were able to select the most

appropriate classes for her.

BTW, she was in middle school before there were any others with DS in

her classrooms.

I worried about long bus rides, but Jan made the best of them. She

sometimes slept and sometimes talked to the driver. She got to be

friends with some of the drivers who asked after her long after she was

gone from their route.

Your problems are different, but I'd look closely at the programs and

see if they are restrictive (either the components that are inclusive or

those which aren't). As an adult, Jan is fine in most settings, but her

best friends are people like herself. I'm not that upset because most

people tend to have friends who have similar backgrounds.

Rick .. dad to 39 year old Jan

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VA is not always very accommodating with LRE for our kids, despite the

requirements:

Sec. 300.114 LRE requirements

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E114%2C

a%2C2%2C> (2) Each public agency must ensure that--

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E114%2C

a%2C2%2Ci%2C> (i) To the maximum extent appropriate, children with

disabilities, including children in public or private institutions or other

care facilities, are educated with children who are nondisabled; and

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E114%2C

a%2C2%2Cii%2C> (ii) Special classes, separate schooling, or other removal of

children with disabilities from the regular educational environment occurs

only if the nature or severity of the disability is such that education in

regular classes with the use of supplementary aids and services cannot be

achieved satisfactorily.

Sec. 300.116

In determining the educational placement of a child with a disability,

including a preschool child with a disability, each public agency must

ensure that--

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

a%2C> (a) The placement decision--

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

a%2C1%2C> (1) Is made by a group of persons, including the parents, and

other persons knowledgeable about the child, the meaning of the evaluation

data, and the placement options; and

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

a%2C2%2C> (2) Is made in conformity with the LRE provisions of this subpart,

including Sec. Sec. 300.114 through 300.118;

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

b%2C> (B) The child's placement--

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

b%2C1%2C> (1) Is determined at least annually;

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

b%2C2%2C> (2) Is based on the child's IEP; and

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

b%2C3%2C> (3) Is as close as possible to the child's home;

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

c%2C> © Unless the IEP of a child with a disability requires some other

arrangement, the child is educated in the school that he or she would attend

if nondisabled;

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

d%2C> (d) In selecting the LRE, consideration is given to any potential

harmful effect on the child or on the quality of services that he or she

needs; and

<http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C

e%2C> (e) A child with a disability is not removed from education in

age-appropriate regular classrooms solely because of needed modifications in

the general education curriculum.

You'll have to be careful to make sure that the IEP doesn't force a need for

the ID program and that it can be implemented in the neighborhood school. Be

sure to also discuss the potential harm of separating her from her friends

from the school she attends now and hold their feet to the fire in terms of

whether something " cannot " be achieved satisfactorily or whether they just

don't do it that way or don't want to. Remember too that by law parents are

part of the team that makes the placement decision and decides if LRE is

being met.

Judi

From: [mailto: ] On Behalf

Of Ann

Sent: Saturday, February 04, 2012 9:24 PM

Subject: Need Advice about Middle School placement.

Amelia is due to go to Middle School in Northern Va this upcoming fall. Her

IEP is at the end of this month. I want her to go to her base school(as does

she) with the kids she's been in school with for the last three years but am

hearing that the ID kids in my county all go to a middle school in the

county seat which is 30 miles away. I am wondering if anyone can tell me who

decides on " least restrictive " criteria being met. Or any thoughts on what

legal rights I have regarding her going to her neighborhood school. Thanks.

Ann (Wife to Mark and Mom to Amelia 11 w/ds and Jake 10)

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