t: Kindergarten Transition IEP Mediation/Due Process?

May 15, 2006

We just had a transition IEP for my 5 year old for

placement into kindergarten.

First off I was amazed by the process - the school

district representative wanted to jump into discussing

placement options, and I had to keep repeating that we

first need to agree upon needs, then determine

services, and then finally decide which program would

meet his needs (to the maximum extent possible).

After we finally got to discussing placement, the

school district rep and us could not agree, whereupon

she abruptly declared " this meeting is now adjourned,

we will have to go to Due Process " . (She definitely

appeared to get riled by the fact that I was composed

and was well-versed in the relevant law - " you

certainly know your catch phrases " was one of her

comments midway through our discussion).

His preschool teacher recommends placement in a

mainstream program, with push-in services from a

Teacher of the Deaf. We have identified a program

that fits these needs, except it would be outside the

district. The school rep wants us to stay in a

mainstream school in the district, with pull-outs with

Resource Specialists (RSP) (who are not trained in

deaf/HOH education necessarily). The rest of the IEP

team agrees that he doesn't need to be pulled out and

miss more classroom activity, he just needs support in

the classroom to work on his listening and attention

skills.

We were finally able to calm her down and we are

planning on seeing a few more schools next week.

I have a few questions for the group:

a) Any suggestions on how to proceed?

Is mediation better or should we go directly to Due

Process?

c) Any recommendations on lawyers or other support

personnel who can support us in the Due Process

hearing ? (We are in the San area).

d) Based on the limited facts I have provided, what

are our chances of prevailing in Due Process?

Thanks in advance! Feel free to email me directly if

you have any more questions or advice.

Rajeev

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Per 20 USC §1400 © (5) [2004]:

" Almost 30 years of research and experience has

demonstrated that the education of children with

disabilities can be made more effective by—

(A) having high expectations for such children and

ensuring their access to the general education

curriculum in the regular classroom, to the maximum

extent possible, in order to—

(i) meet developmental goals and, to the maximum

extent possible, the challenging expectations that

have been established for all children; and

(ii) be prepared to lead productive and independent

adult lives, to the maximum extent possible; "

May 15, 2006

I can't help you, but I just wanted to say that I could have writte your

post. My son is going into kindergarten next year also, and they want to do

the same thing...mainstraeam with a resource teacher. I am very interessted