Re: School says son not eligible for IEP

[Guest guest]

Just mention the words DUE PROCESS to the special ed coordinator or principal.

My son has not yet been diagnosed with CMT, however he has Asperger's disease,

which is mild Autism. He is above grade level in all of his classes, just

receives speech therapy, occupational therapy (has trouble with cutting, writing

is weak, and cant ride a bike yet), and he gets social work to help him with

social issues. If your son needs to be picked up in front of his house then

fight for it. Unfortunately most schools won't do anything unless a parent is

persistant and I am a special education teacher and a parent so I know. Do not

give up. DEMAND their help. Due process is basically a hearing and no school

wants that.

If you have any other questions, just ask.

Jen

[Guest guest]

I work in the public sector--a psychologist in a community mental health

center. In my position of team leader, I handle many client complaints

every day. I have learned to listen to client frustrations with an open

ear. I am sure that there are people in the school system who have

developed the same skill. My advice, be persistent--very persistent. It

seems to me that your request is entirely reasonable. It is best not to get

loud and ugly (believe me, that creates as many problems as it solves), nor

does it help to be passive. I would suggest going to the school and insist,

insist, insist in person. Good luck.

Tom

[Guest guest]

I don't know what district you're in but here is a link to IEP

information in Miami-Dade (Florida):

http://ese.dadeschools.net/pdf/MIAMI-DADE%20SP & P%202000-03.pdf

It's a big file (200+ pages). The disability section begins on page

25. It tells about the IEP process for students with disabilities. I

hope this guides you a bit but remember that all districts are

different and each state has its own rules.

Cris

[Guest guest]

With my son Spencer I have a 504 plan under 'other health impaired'. I

basically have written an IEP in the 504. Such as modifications and 20 minutes

of resource a day as needed.

[Guest guest]

Paige,

Your son may truly not be eligible for an IEP HOWEVER, he is

entitled to accommodations under the Rehab Act. Think of it like

the Americans with Disabilities Act for education, anything

getting government funding (for example, public schools) cannot

discriminate against people with disabilities. If your son's school

does not accommodate his needs, they would be discriminating against

him.

Schools don't usually let people know about this. This is called a

504 plan, which can give the same or more services than an IEP and

is under federal law.

From NICHCY's website [http://www.nichcy.org/resources/LAWS2.HTM#504]

Section 504

Section 504 is a civil rights law that prohibits discrimination on

the basis of disability. This law applies to, among other entities,

public elementary and secondary schools. Children with disabilities

may be eligible for special education and related services under

Section 504 of the Rehabilitation Act of 1973, as amended. That's

because Section 504's definition of disability is broader than the

IDEA's definition. Information on what the law requires of school

districts can be found in the following resources:

Copenhaver's handbook called Section 504 - Procedural

Requirements for School Districts explains basic procedural

requirements for school districts relating to Section 504, followed

by suggested implementation strategies school districts can consider

to satisfy each requirement. The handbook is available from:

Mountain Plains Regional Resource Center (MPRRC), 1780 No. Research

Parkway, Suite 112, Logan, UT 84341, 435.752.0238 ext. 19,

435.753.9750 (TTY), scrane@... (email), www.usu.edu/mprrc/

(Web).

Office for Civil Rights:

Section 504 is enforced by the Department of Education's Office for

Civil Rights. Visit OCR's Web site for information on the law.

www.ed.gov/about/offices/list/ocr/index.html

Contact information of OCR headquarters and its enforcement offices:

http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm

OCR information on disability discrimination:

www.ed.gov/policy/rights/guid/ocr/disability.html

OCR also offers many technical assistance documents helpful when

disability is involved.

www.ed.gov/about/offices/list/ocr/disabilityresources.html

LRP Publications offers Who's Eligible for Section 504? A Quick-

Reference Guide for Proper Placement. Call 1.800.341.7874 for cost

details, or order online at: www.lrp.com

To find help in getting this done locally, check

http://www.nichcy.org/states.htm for resources available in your

state. Your local parent resource center can give you more advice.

You CAN get your son the support services that he needs.

Barb

[Guest guest]

Barb, great information! Thanks so much!! Paige

[Guest guest]

Reading this blows my mind. I can't believe this stuff. My niece was pulled

out of PE Class after turning in her notice with CMT to the school. She got to

chose an alternate class.

Makes me wonder what the heck is wrong with some schools. Thank goodness not

all of them have blind hinies for employees.

Elaine