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What are my sons rights to special education

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ekelley

Junior Member
What is the name of your state (only U.S. law)? Connecticut

I would like to know my son's rights for being label Emotional Disturbance. How can I get a second opinon, and I do not want him labeled this. My son is only 8 years old, and has had some family and school issue's.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Connecticut

I would like to know my son's rights for being label Emotional Disturbance. How can I get a second opinon, and I do not want him labeled this. My son is only 8 years old, and has had some family and school issue's.
Instead of looking at this as a "label", look at this as an indicator of the difficulties your child may be facing. With the ED finding, the doors are opened to many services that the schools are REQUIRED to provide when needed.
 

lealea1005

Senior Member
What is the name of your state (only U.S. law)? Connecticut

I would like to know my son's rights for being label Emotional Disturbance. How can I get a second opinon, and I do not want him labeled this. My son is only 8 years old, and has had some family and school issue's.
Has he been examined and given a medical diagnosis by a Physician?
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Connecticut

I would like to know my son's rights for being label Emotional Disturbance. How can I get a second opinon, and I do not want him labeled this. My son is only 8 years old, and has had some family and school issue's.
**A: the school has a right to label him a special needs student if it is true.
 

FlyingRon

Senior Member
**A: the school has a right to label him a special needs student if it is true.
Sorry HomeG, but that is patently untrue.

OP, if you don't know how the Special Ed system works in your area, pick up the phone book and find a lawyer who does. There's a whole specialty of practice for this area now.

Keep after the school. Even in the best school systems in the world, it's the squeaky wheel that gets action. I spent an entire morning standing outside the head of guidance at my daughter's high school to get action and she was a AP / GT student. You won't believe the nightmares I spent with my OHI/ED/LD son
(and my wife is even a Special Ed teacher so you figure she'd have the system down).
 

Zigner

Senior Member, Non-Attorney
Sorry HomeG, but that is patently untrue.
It's not quite patently untrue.

The school CAN designate the child as such and the parents would have due process rights to appeal. However, if the school can show that the designation is appropriate, they will prevail.

And, I know what you mean Ron - except I generally did my standing outside the district offices - had to skip the schools entirely ;)
 

HomeGuru

Senior Member
Sorry HomeG, but that is patently untrue.

***A: I was personally involved in this area so have the direct knowlege.
I used the laws which you and the OP should research and understand:
IDEA, No Child Left Behind, Section 504 of the Rehabilitation Act and ADA.
 

Zigner

Senior Member, Non-Attorney
Sorry HomeG, but that is patently untrue.

***A: I was personally involved in this area so have the direct knowlege.
I used the laws which you and the OP should research and understand:
IDEA, No Child Left Behind, Section 504 of the Rehabilitation Act and ADA.
Seconded - except I had no need to get involved with No Child Left Behind.
 
eval?

How did the school come to this conclusion? Did they do an evaluation and if so, did you give them permission to evaluate? Would she be entitled to a private evaluation at public expense? Anyone?

If you have insurance, can you have him evaluated privately for his problems and get some educational recommendations?

How is this problem impeding his learning?

They won't just throw a label on him, something led up to this. Also, what are they suggesting to do to assist him?

Yes, i agree, no one likes to have their child "labeled", but if he needs help why not make sure that he gets the help he needs now?

As far as his rights, i would assume if he is labeled a child with a disability he has the right to an individualized educational plan. Have they asked you to attend a meeting to discuss the evaluation and a proposed IEP? If they did an eval they have to meet to discuss the results.
 

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