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special education - what are our rights

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H

hic

Guest
On the advice of the kindergarten teacher, we asked the school to evaluate our then 5 year old daughter for possible learning disabilities. The school district's "experts" came back and recommended special education starting next fall (1st grade)where she would be pulled out from her regular classroom and taken to special ed classroom for about an hour a day. She tested average in intelligence and aptitude. Where they got her was below average small motor skills, reflexes, and low attention span - but she just turned six!
The worst part is that the school district only offers this special ed at a different elementary school. So starting next fall we were told that she would have to attend a different school.
While we want her to get specific help/therapy we definitely do not want her attending a separate school ( we have another daughter currently attending the same school).

What are our rights as parents in this situation?
Can the school district force her to attend another school?
Can we dispute the findings of the school's "experts"?
Can we still request help from specific therapists even if we refuse to send her to school the district has designated?

Thanks in advance for all advice.
 


D

dorenephilpot

Guest
The school will convene a case conference committee meeting in which all the folks who will have a role in her education will attend and devise an IEP (individual education plan) based on your child's unique needs.

The meeting is the place for you to air your suggestions as far as placement, services and any other needed evaluations for your child.

The school might agree with you. If so, congratulations. If the school does NOT agree with you, then you can ask for a due process hearing and have an independent hearing officer decide the issues.

If you do decide to go to due process, I would suggest that you shop around for an attorney in your state who does special education law as an area of practice. It's a highly specialized area, and there aren't too many attorneys who know/understand that area of law, so you might have to do a little digging.

Check out the following websites to learn more about your child's rights and how this process works:

reedmartin.com, wrightslaw.com, mayerslaw.com.

Best of luck to you and your child!
 
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J

joshuaadvant

Guest
If you disagree with their results you also have the right to request an independent evaluation at their expense. You may, however, have to go to due process in order to get it. You also, can have someone do it at your expense. My understanding is that they are required to "consider" the outside evaluation but not to necessarily agree with it.

I doubt you could force the school to provide the services at your home school if they are providing a way within the district for her to receive services she needs.

While it is inconvenient to have a child in another school, in my opinion, it is better to have the child receive needed services.

I am not an attorney, but a parent of two with disabilities, one of whom also had to attend another elementary school--actually two different and is bused each day from one to the other.
 

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