Find the number for your county's special education department and ask if they have a mediation service or some type of service that will intervene.
Jessica N39709.738599537You can go for arbitration or file a complaint with your stae's dept of edu.I got ignored when I went to them and told them I thought my son had dysleixia, until I wote them and told them I would take legal matters in my own hands if the situation was not addressed, since someone else was getting legal advice they took me seriously, I wrote to the principal, sp. ed. director and superintendent. He gets the services he need and they now I am serious about what I ask for.
Don't give up and good luck!!
I agree with twingle-- you should write again and make it abundantly clear that you intend to take legal action if these issues are not addressed APPROPRIATLEY. I also had to threaten legal action to get "noticed." I made sure they knew I was NOT playing around!
Also, keep copies of everything you send in writing in case it does come down to a legal battle and seek out a few education law attornies so that you can even tell the school officials (honestly) that you are getting ready to consult with an attorney.
My 10 year old got suspended last week for 5 days, for using "hand gestures", shoulder bumping another boy, and "shooting spit wads". My problem is this: The school has been working with us since 1st grade with IEP, however, it's all been education, schoolwork related, never any behavioral issues. Fact is, until I got angry and started doing research, was I even aware of the federal IDEA 2004 guidelines. Now I'm not just angry, I'm furious!!
The language is clear:
"If the child's behavior impedes his learning or the learning of others, the IEP team must include strategies, including positive behavioral interventions, supports, and other strategies to address that behavior. If the child's behavior that impedes learning is not addressed in the IEP, the IEP Team must review and revise the IEP to ensure that the child receives appropriate positive behavioral interventions and supports and other strategies. (34 C.F.R. § 300.324(a)(2)(i) and 34 C.F.R. § 300.324(a)(3)(i)."
They have never done any of this. I wrote a letter to the school Principal, who simply has ignored us. The School Superintendant has also ignored my calls and letter.
What can i do?
I feel like we've been lied to, and that my son is being swept under the rug.
Help!!!
AMEN! Anyone else up for a class action lawsuit? The time is coming when that is what it will take to get our children treated with the dignity and respect that is a fundamental RIGHT!
Ditto!!!!!!As am I.Right. But you need to start with a written request for a Functional Behavior Assessment. This is a like a board game.[QUOTE=sgtwebb1]The language is clear:
"If the child's behavior impedes his learning or the learning of others, the IEP team must include strategies, including positive behavioral interventions, supports, and other strategies to address that behavior. If the child's behavior that impedes learning is not addressed in the IEP, the IEP Team must review and revise the IEP to ensure that the child receives appropriate positive behavioral interventions and supports and other strategies. (34 C.F.R. § 300.324(a)(2)(i) and 34 C.F.R. § 300.324(a)(3)(i)."
[/QUOTE]
Thanks for this! I'm having trouble with my son at school, too, and he only has a 504 and was just suspended for five days and may be expelled. Is it possible to use this to get him out of expulsion, by saying he needs an IEP instead of a 504? Nothing is written into his 504 about behavior, just academics,a nd when we jsut renewed his 504, he had been having problems at school, but I don't think he'd been suspended at all recently.