My son has been out of school for over 10 days and no manifestation hearing has been set yet. He has an IEP for ADHD and the school hasn't even given me written notice of when a hearing might take place. He is under house arrest but I am told that can be changed so that he can go to school once an alternative aducational plan is in place.
new and overwhelmed
- Thread starter cupcakes
- Start date
Nancy423
do I have to be the mom?
you need to request a manifestation hearing in writing if the SD is taking it's time! He's already been out of school too long.
As for a Special Education lawyer, yes they are VERY expensive but it's for your difficult child's future. I talked to about half dozen in the area. Only ONE does criminal charges so you'll want to call around NOW and ask questions. I found that one to be very informative and we were able to get difficult child on probation without hiring a lawyer. (Her PO and the police dept both recommended a deferment.)
You NEED to have a PROFESSIONAL who knows the system with you at the manifestation hearing. They know the ins and outs of the system and can fight to make sure difficult child has teh best possible outcome from this situation. I spent money on an advocate and it was WELL worth it. However, keep in mind your situation might be better served with an attorney. That's why you need to call and briefly discuss your situation to them as soon as possible. It also doesn't hurt to ask if he'll use a sliding scale for fees or retainers. You never know.
As for a Special Education lawyer, yes they are VERY expensive but it's for your difficult child's future. I talked to about half dozen in the area. Only ONE does criminal charges so you'll want to call around NOW and ask questions. I found that one to be very informative and we were able to get difficult child on probation without hiring a lawyer. (Her PO and the police dept both recommended a deferment.)
You NEED to have a PROFESSIONAL who knows the system with you at the manifestation hearing. They know the ins and outs of the system and can fight to make sure difficult child has teh best possible outcome from this situation. I spent money on an advocate and it was WELL worth it. However, keep in mind your situation might be better served with an attorney. That's why you need to call and briefly discuss your situation to them as soon as possible. It also doesn't hurt to ask if he'll use a sliding scale for fees or retainers. You never know.
'Chelle
Active Member
Hi and welcome 
I agree that you need to hire a lawyer, this is too big a thing for you to go into alone.
You might post in the Special Education 101 forum as well, outlining the whole situation. They are very knowledgeable there about school matters, and I don't know how often they're on the general forum. Being from a different country, all I know is what I read here, but I'm sure that I read on a thread or two that with an IEP, 10 days is the max suspended for the year without meetings of some kind. Check this out with
the Special Education forum for sure.
I agree that you need to hire a lawyer, this is too big a thing for you to go into alone.
You might post in the Special Education 101 forum as well, outlining the whole situation. They are very knowledgeable there about school matters, and I don't know how often they're on the general forum. Being from a different country, all I know is what I read here, but I'm sure that I read on a thread or two that with an IEP, 10 days is the max suspended for the year without meetings of some kind. Check this out with
the Special Education forum for sure.
busywend
Well-Known Member
Does your son have an IEP at school? If not, request one now - within the next 24 hours. Request it in writing. Even if it is just one sentence and get it to the school district right now and have them stamp it received by them.
Go check out the Special Education 101 forum on our site. You are going to need to read up on Special Education.
Go check out the Special Education 101 forum on our site. You are going to need to read up on Special Education.
Nancy423
do I have to be the mom?
I would write the Special Education coordinator and c.c everyone else. Either fax it (and get confirmation it was sent) or drop it off and get a sig. that it was received by the SD. Another option is to send it certified so you have proof it was rec'd.
Out of curiosity, was your son suspended? Did they give you a letter on how long the suspension would be for? GET IT IN WRITING. In fact, you might want to request a copy of his educational file. (there are templates out there that you could use/start from.)
you might want to check out www.wrightslaw.com too
He was suspended, they verbally said it was for 5 days and then the letter that was sent to me said it was pending the risk assessment. At any rate I talked to the sped director today and she said they have never had a case like this and they were trying to figure things out. I told her to check with her legal department and that my attorney would be in touch. We decided to hire the advocate/attorney today. I just can't handle all of this on my own. My parents have offered to help with the financial end of it, thank goodness.
I still cannot find a psychiatrist who will see him right away, they are all booked 4-6 weeks out. I have called over 20 of them.
I still cannot find a psychiatrist who will see him right away, they are all booked 4-6 weeks out. I have called over 20 of them.
Nancy423
do I have to be the mom?
just an FYI, per wrightslaw website.....doesn't matter if the school hasn't had this type of situation before. Did they give you a place to get a risk assessment? We had paperwork drawn the day after our incident and had a choice of 2 places ON THE SD's BILL....I don't think you shouldn't have to find your own (if that's what the psychiatrist appointment was for)
The school paid for the risk assessment, we had it done right after the incident happened. They are claiming they don't have to educate him because he can't go to school under his house arrest conditions, but our attorney said we can amend that once a educational plan is in place. They still are refusing a manifestation hearing so we are meeting with the special education attorney today so he can take this over.
klmno
Active Member
Very good!! This sounds very similar to what the sd put my son and me thru 2 years ago- I don't think your sd is being compliant with the law. They are not allowed to sit around forever and do nothing. I think they are dragging their feet to get past deadlines for you taking action. And- when my son was on a suspension and house arrest-the sd tried to tell me the same thing about "he can't come to school anyway if he's on house arrest"- NOT TRUE. Ask whomever is monitoring his house arrest and see if he wouldn't be allowed to go to school if he was not suspended. I don't think any punishment by Department of Juvenile Justice keeps a kid from getting an education.
