FW: [BCWFamilies] Fw: Babies Can't Wait Stay Put Issue

[Guest guest]

Dear Parents,

This Friday, February 22, 2002 the oral argument on the BCW stay put

issue will be presented. The hearing is at 4pm. Please be present to

show your support. Children are welcome (or at least bring a picture).

We need to show the judge that this is not just a case number. It's

about real children - our children - and the decision can greatly impact

their futures.

This is my understanding of the issue:

The Georgia Department of Special Education Regulations state that a

student age three through five who has received preschool services under

IDEA may elect to remain in his/her last IDEA placement at public

expense if the disagreement arose concerning the initial eligibility,

IEP or placement determination of the LSS/SOP (this is at 160-4-7-.18).

In a nutshell - If when your child transitions into the school system

from Babies Can't Wait/Early Intervention (which is provided under part

C of the Individuals with Disabilities Education Act), you disagree

with the eligibility, IEP, or placement made by the school system, then

your child has the right to remain in his/her BCW placement (at the

school system's expense) during the resolution of the disagreement.

The Georgia Department of Education is fighting the interpretation of

this rule, taking the stand that this does not apply to children

transitioning from Babies Can't Wait, that it only applies to children

already in the school system.

Note: This is an appeal of a previously favorable ruling.

Feel free to forward this information to your various listservs. Your

support is critical. Please make every effort to be present.

Address and Directions:

U.S. District Court

75 Spring Street SW

Atlanta, GA 30303-3361

Courtroom No. 1705 - Judge Clarence

Take I-85 S/I-75 S/GA-401 S. 1.9

Take the COURTLAND ST exit, exit number 97, towards

GEORGIA STATE UNIVERSITY. 0.2

Merge onto COURTLAND ST NE. 0.2

Turn RIGHT onto INTERNATIONAL BLVD NE. 0.2

Turn LEFT onto PEACHTREE ST NE/PEACHTREE ST NW. 0.5

PEACHTREE ST NE/PEACHTREE ST NW becomes PEACHTREE ST SW. 0.2

Turn RIGHT onto MARTIN LUTHER KING JR DR SW. 0.2

Turn LEFT onto SPRING ST SW. 0.1

Sincerely,

Pike