Free Appropriate Public Education (FAPE)

[Guest guest]

Hi Sherry,

Thank you so much!! Your information is very crucial to me!! You are

correct about the due process hearing. Now when Seth was back in 5th grade they

" the district " tried to get me to sign off saying Seth did not have a Learning

Disability. I of course denied this time after time. It went through a whole

school year and I would not sign anything and told them we could come to

meeting after meeting however I would not sign off saying he did not have LD.

See

the problem was they were very mad that I had two codes for Seth LD and OHI

(other Health Impaired) and they only wanted him to have one. So the beginning

of the following year the head of special ed came in and said, " We as the

staff do not agree with you, however you had mentioned due process and we do

not

want to go to due process.So we will agree with you. " So that was the end

of that. So I shall just sit here and wait to hear from the school. I will

give them until Friday and then I will call and I will call and I will call. I

will not give up. My son deserves FAPE.

Thank you so much!!

Heidi

[Guest guest]

Heidi,

If your son's school district refuses to give you what you are asking

in your letter, you should consider asking the district's special

education director for a due process hearing. If he/she ignores you,

contact your state's department of education, look for the state

director of special education or special services. By law (Individuals

with Disabilities Education Act or I.D.E.A.)you are allowed a fair

hearing by an impartial hearing officer (which the state dept. of ed.

will supply; they have people not employed by the schools but with a

background in special education who are trained to act as hearing

officers). This hearing is part of the due process clause embedded in

I.D.E.A. It will not cost you a penny unless you decide to hire a

lawyer to represent you (which will scare the peadiddle out of the

school district.) If the school district pretends you are not due a

hearing, they are ignoring the law. However, just mentioning the word

due process hearing to the superintendant and to the special education

director of your district will likely be enough to get those people

(not the principal of course) to sit up and take notice. They are

supposed to tell parents of children who qualify for special education

services about the due process clause when your child begins receiving

services. You should find this information among the papers from when

you signed the dotted line to get Seth services.

I wish you good fortune with your endeavors. (I'm writing this stuff

to you, and know about it because I teach it, on a regular basis).

Sherry

[Guest guest]

Heidi

Your school only wanted your son to have one disability. Thats nuts, thats

like closing your eyes and brain off and picking one. Heck I transported

students in special ed that had 3 and sometimes 4 disabilities. What on earth

is

wrong with that school system. Would almost make me to wanna move so my child

could get a GOOD education. From what I am reading, I dont have much faith in

them

Elaine

[Guest guest]

Hello Elaine,

Moving might be a temporary relief. However, I am determined to set an

example to others that we must win. Winning sometimes includes sacrifices so

other students can succeed and get a good education. Moving is not an option

for our family my business of childcare is here in my home and my children

love their home along with my husband. This is where my feet are firmly

planted.

It is enjoyable where I live just there are things out there they are not so

easy. So if I moved then there would be other challenges that I would have

to face. So I am going to stay and maybe some day others can learn from this

including myself. Thanks so much,

Heidi

[Guest guest]

Hi.

I don't know where this conversation has been... since I am new here. However,

I have worked at NICHCY... the National Dissemination Center for Children with

Disabilities... formerly called the national information center...

Web address www.nichcy.org

Toll free (800) 695-0285

Web site chock full of terrific information.

They have some wonderful folks who can answer questions about getting FAPE ...

some Spanish speaking information specialists as well.

A terrific resource... both the web site and the phone folks.

Barbara

[Guest guest]

Heidi

Thats good to hear. Stick with it, and best of luck

Elaine

[Guest guest]

Hi Elaine,

Thanks so much for your support!

Heidi