I could spit nails IDEAS NEEDED

[Stella Johnson]

I just got a letter from difficult child's school today. They are moving her sped class AGAIN. Letter says the school she is at will be at "capacity" with the regular ed students. So, when all else fails dump the sped students somewhere else.

difficult child has had her class moved every year since Kindergarten she is now in 4th grade. Next year is her last year in elementary. She begged me just a few weeks ago not to let her get moved again from this school. She loves it there. She is even on student council. The kids accept her and dont' shun her like in the past.

I called the Director of Sped just now. She explained the "capacity" crap. There are only 4 kids in her class and they are the only ones affected by this. :grrr: They can't spare room for 4 kids???????????????????????????????? :nonono:

After I calm down I am going to write letters to the entire board, sped dept, and the school. I have had it up to my eyeballs with this crap.

OK, guys give me all the ideas you have on what to put in the letter. I am also going to the next school board meeting. I am going to rip them a new one. :nonono:

Steph

 

[jannie]

I say keep fighting and writing letters....There is no need for another transition for a class with four kids....She needs consistency....so sorry :warrior:

 

[Sheila]

Shameful....

This seems like discrimination to me. Send Office of Civil Rights (OCR) a copy of your letter. In that difficult child has an IEP, she's automatically covered under Section 504.

 

[Stella Johnson]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sheila</div><div class="ubbcode-body">Shameful....

This seems like discrimination to me. Send Office of Civil Rights (OCR) a copy of your letter. In that difficult child has an IEP, she's automatically covered under Section 504. </div></div>

Done. :princess: Thanks for reminding me.


steph

 

[Martie]

This is ridiculous. Your SD is making these difficult child's problems worse by moving them around--all kids need stability, difficult child's need it more.

I agree that this is a good discrimination issue.

Send every piece of mail CERTIFIED and polish up your :warrior:


Martie

 

[Stella Johnson]

The Dallas Morning News called today. They are working on a story. Not sure when it will be published though. :warrior:

They are going to wish I had a job when this over with. Being laid off just gave me more time to fight :wink:

 

[tiredmommy]

I wouldn't want to tangle with you, Steph. It seems to me that this may be a violation of LRE, I'm not sure though. But my gut tells me that if she isn't shunned there then there are additional programs or impetus to be more inclusionary. Special Education is about services, not a destination. Right?

 

[Sheila]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body"> The Dallas Morning News called today. </div></div>

Good! :salute:

I can hardly wait to hear the "spin" the sd will put on this.

If memory serves correctly, OCR's Regional office is in Dallas. Perfect!

 

[slsh]

A word of warning about filing with- OCR. If they do *not* find in your favor, what you end up with is federally sanctioned discrimination. When I finally consulted with a very hot shot Chicago sped atty about Boo's situation, he was not happy that I had filed the OCR complaint.

My complaint was that Boo's self-contained class was not in an actual school building and was subject to change based on space issues, therefore this was discrimination based on disability since *only* students with- disabilities are shuffled around and also did not meet FAPE in LRE. OCR's decision was that since HS students "visited" once a week, this was FAPE in LRE and there was no discrimination. Was the first time I ran head first into the "placement is the program, not the location" argument.

Just a word of warning.

 

[lordhelpme]

sue not sure why lawyer was upset?

 

[slsh]

Because it severely weakened our case when OCR had already in their infinite wisdom determined there was no discrimination or failure to comply with- FAPE in LRE. Even though OCR was flat out wrong, the SD had that doggone letter in their hot little hands... "See, the federal government said we could, so we can."

There is absolutely *no* question in my mind (or the attys) that the policy of placing sped classrooms based on available space is discrimination and a gross violation of FAPE in LRE. Where are the reg. ed. kids who are being shuffled around? The *only* reason Stella's kiddo and Boo have been shuffled is because they have a disability - that's discrimination. There is absolutely no question, no gray area. "Special" treatment based on disability.

If I hadn't filed with- OCR, the battle would've been slightly easier because we wouldn't have had to fight an OCR decision on top of SD and a system (state of IL) that is not set up to comply with IDEA. Of course, it boiled down to the usual problem of fighting a SD with huge pockets and one very nasty attorney versus our paycheck-to-paycheck existence and the inability to hire our own top notch atty on a permanent basis to follow through.

 

[Stella Johnson]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: slsh</div><div class="ubbcode-body">Because it severely weakened our case when OCR had already in their infinite wisdom determined there was no discrimination or failure to comply with- FAPE in LRE. Even though OCR was flat out wrong, the SD had that doggone letter in their hot little hands... "See, the federal government said we could, so we can."

There is absolutely *no* question in my mind (or the attys) that the policy of placing sped classrooms based on available space is discrimination and a gross violation of FAPE in LRE. Where are the reg. ed. kids who are being shuffled around? The *only* reason Stella's kiddo and Boo have been shuffled is because they have a disability - that's discrimination. There is absolutely no question, no gray area. "Special" treatment based on disability.

If I hadn't filed with- OCR, the battle would've been slightly easier because we wouldn't have had to fight an OCR decision on top of SD and a system (state of IL) that is not set up to comply with IDEA. Of course, it boiled down to the usual problem of fighting a SD with huge pockets and one very nasty attorney versus our paycheck-to-paycheck existence and the inability to hire our own top notch atty on a permanent basis to follow through. </div></div>


HOLY COW! I had no idea. I had never thought of it that way. Ugh...

I posted an update on the thread in General.