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RE: Emergency ARD -- length of time

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I don’t believe the school has to go by what was being done at the private facility. If there were IEPs in place, it would surprise me to learn

that those are not being followed.

There should be an ARD as soon as possible to determine the appropriate placement. The ARD needs to be scheduled at a mutually agreeable time. I

would get on the phone with the special education department as soon as possible.

Schulz

Attorney

Cirkiel & Associates

1901 E. Palm Valley Blvd.

Round Rock, Texas 78664

Telephone:

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Chris:There was an IEP in place at the private facility; it was a school for kids with autism (the school is TEA recognized).  I'll send this on.  I know that if you transfer from another state or another school district even within the state of Texas, they have to honor what the child had, and then discuss changing things (which they always do).  But we did not know if being in a private facility changed this.  This mother works.  This teen cannot sit at home because she does not have a situation where she is safe at school.  I told her she may need to hire herself an advocate because this could get tricky with the public school/private school/back at public school again.  Thanks for responding on a Sunday.  Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of SchulzSent: Sunday, August 26, 2012 12:11 PMTo: 'Texas-Autism-Advocacy 'Subject: RE: Emergency ARD -- length of time I don’t believe the school has to go by what was being done at the private facility. If there were IEPs in place, it would surprise me to learn that those are not being followed.There should be an ARD as soon as possible to determine the appropriate placement. The ARD needs to be scheduled at a mutually agreeable time. I would get on the phone with the special education department as soon as possible.SchulzAttorneyCirkiel & Associates1901 E. Palm Valley Blvd.Round Rock, Texas 78664Telephone: Facsimile: ****** Warning: Electronic mail is regulated by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521 and is legally privileged. The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and e-mail and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies).******

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Chris: Let me add that this student does not have autism, but the school for autism took in kids with other developmental disabilities, too.   Thank you. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of Hilda BowenSent: Sunday, August 26, 2012 12:22 PMTo: Texas-Autism-Advocacy Subject: RE: Emergency ARD -- length of time Chris:There was an IEP in place at the private facility; it was a school for kids with autism (the school is TEA recognized). I'll send this on. I know that if you transfer from another state or another school district even within the state of Texas, they have to honor what the child had, and then discuss changing things (which they always do). But we did not know if being in a private facility changed this. This mother works. This teen cannot sit at home because she does not have a situation where she is safe at school. I told her she may need to hire herself an advocate because this could get tricky with the public school/private school/back at public school again. Thanks for responding on a Sunday. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of SchulzSent: Sunday, August 26, 2012 12:11 PMTo: 'Texas-Autism-Advocacy 'Subject: RE: Emergency ARD -- length of time I don’t believe the school has to go by what was being done at the private facility. If there were IEPs in place, it would surprise me to learn that those are not being followed.There should be an ARD as soon as possible to determine the appropriate placement. The ARD needs to be scheduled at a mutually agreeable time. I would get on the phone with the special education department as soon as possible.SchulzAttorneyCirkiel & Associates1901 E. Palm Valley Blvd.Round Rock, Texas 78664Telephone: Facsimile: ****** Warning: Electronic mail is regulated by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521 and is legally privileged. The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine, and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and e-mail and destroy any and all copies of this message in your possession (whether hard copies or electronically stored copies).******

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I think the similar services rule applies when the transfer occurs during the same school year. However, that does not relieve the district of the obligation

to place the child in the most appropriate setting until the school figures out any new IEPs or evaluations. The one part of this that bugs me is the extent of the school district’s involvement with this child while she was away at private school and whether

they had any part in providing evaluations or development of IEPs. She still lived within the district boundaries, I presume.

Regardless, I would start requesting an ARD at 7 am Monday.

From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ]

On Behalf Of Hilda Bowen

Sent: Sunday, August 26, 2012 12:22 PM

To: Texas-Autism-Advocacy

Subject: RE: Emergency ARD -- length of time

Chris:

There was an IEP in place at the private facility; it was a school for kids with autism (the school is TEA recognized).

I'll send this on. I know that if you transfer from another state or another school district even within the state of Texas, they have

to honor what the child had, and then discuss changing things (which they always do). But we did not know if being in a private facility changed this. This mother works. This teen cannot sit at home because she does not have a situation where she is safe

at school. I told her she may need to hire herself an advocate because this could get tricky with the public school/private school/back at public school again.

Thanks for responding on a Sunday.

Hilda

From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ]

On Behalf Of Schulz

Sent: Sunday, August 26, 2012 12:11 PM

To: 'Texas-Autism-Advocacy '

Subject: RE: Emergency ARD -- length of time

I don’t believe the school has to go by what was being done at the private facility. If there were IEPs in place, it would surprise me to learn that those are not being followed.

There should be an ARD as soon as possible to determine the appropriate placement. The ARD needs to be scheduled at a mutually agreeable time. I would get on the phone with the special education department as

soon as possible.

Schulz

Attorney

Cirkiel & Associates

1901 E. Palm Valley Blvd.

Round Rock, Texas 78664

Telephone:

Facsimile:

****** Warning: Electronic mail is regulated by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521 and is legally privileged.

The information contained in this electronic mail message is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney-client communication, may be protected by the work product doctrine,

and may be subject to a protective order. As such, this message is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you

have received this message in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and e-mail and destroy any

and all copies of this message in your possession (whether hard copies or electronically stored copies).******

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I thought the school had 10 days. Write your concerns in a letter addressed to

director of sped, requesting temporary ARD. Send it as PDF in email and cc

diagnostician of school, principal and teacher. You should get a response

quickly.

Sent from my iPad

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