Due Process Hearing

[Parent Advocate]

What is the name of your state? Illinois

I moved from Houston, Tx to Chicago, Il in 4/2005. My son is 11 yrs. old and has 3 disabilities (ADHD, speech impairment & learning disability), which qualified him for special education, since the 1st grade. After several years of trying various changes in his BIP, classroom modifications, etc., I filed a Due Process Hearing in Texas, where in 2004, I was requesting my son be placed in a therapeutic day school (by agreement of the parties). The most current IEP is dated 2/2/05, reflects my son's placement. The IEP has extensive notes, addressing all issues (ESY, related svcs, etc).
On 4/4/05, Chicago unilaterally placed my son in a "cross catagoral room", changed the 2/2/05 IEP, didn't offer assistive technology or related services, didn't follow proper procedure. When the school ignored my request for a formal mtg, I filed a Due Process Hearing on 6/22/05. The Pre-Hearing conference is 7/29/05. I have submitted the issues to the hearing officer and the school District for discussion on 7/29/05.
There is the matter of disclosure, that is due on 7/29/05. I have submitted those documents / information.
There is also the matter of the "stay put" rule. The child must remain in his current placement ... The issue is what is his current placement? Considering the school used the 2/2/05 IEP (from Houston), but denied him placement in a therapeutic day school based on his disability; they predetermined his placement, before the meeting on 4/4/05; they never gave me proper notice of the mtg; proper district personnel were not present at the meeting; they denied him related services; they failed to protect him from harm (he was beaten up several times); and never had a formal mtg, since his entrance into the school on 4/4/05.
Is there a letter / request I can write to the Hearing officer, requesting the IEP of 2/2/05 be followed, thereby clarifying his current placement in a therapeutic day school? (I know he can't be placed in the school he was attending in Texas, but my remedy, lists a state approved therapeutic day school in Chicago).
I do not have an attorney, even though I have diligently tried to find one.
Please respond A.S.A.P.

 

[Parent Advocate]

Due Process Hearing - Pre-Hearing Conference

Illinois

The Pre-Hearing Conference was held 7/29/05. The attorney for the school District was not prepared (did not have the school file). I submitted a list of 21 issues, which I condensed down to a smaller statement of what is the major problem (my son's placement), which I was asked to do by the Hearing Officer. When the Hearing officer asked the attorney for the school district to comment on the issues, she said she couldn't because she didn't have the file.
Basically, the Pre-Hearing Conference was a waste of time, because the attorney for the school district could not comment on the "issues", because she didn't have the file. The attorney for the school district will be submitting a written response to my issues, once she gets the file.
I spoke about the "stay-put" rule. Where amazingly, the attorney for the school district then had something to say. She said his current placement was at the school. I commented on my son's safety (beaten up several times), on the appropriatness of that placement, and how correct procedures were not used to place him at the school. The attorney again had no comment.
Then comes the discussion of when the Due Process Hearing will be held. The attorney for the school district had vacation, out of the country, etc. excuses, starting after the 1st wk. of September/2005. I expressed my concern for trying to have the Hearing by the time scool starts on 9/6/05, because of my previous statement about the "stay-put" rule. And also about the law as it pertains to the time frame for holding the Hearing after the parent initiates the request, for a hearing.
The Hearing is scheduled for 10/12/05. Which is 112 days after my request.
Is there a letter I can write to the Hearing Officer, requesting an expedited hearing or a change in placement (alternative interim placement)?
Certain factors are present (student's safety, lack of following current IEP, lack of supportive services & assist. technology, etc.) which can prove the need for such an alternative placement.
**Then there is the issue of what is his current IEP, which is 2/2/05. The school made changes to it on 4/4/05 (without following proper procedure), denying my son eligibility to a therapeutic day school, based on his disability. (read my original post to see what those are).