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#1 of 37 Old 09-03-2010, 03:53 PM - Thread Starter
 
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We had my son evaluated by the school district in May, and the IEP was in June. The team decided that the best placement for my 5 year old was in the SDC preschool, because of motor and social deficits, low muscle tone and nonverbal learning disorder. The fact that he was still in diapers at school was also an issue.

I also had applied to a local charter school, but was waitlisted. The team agreed that if he got admitted there, it would also be a good placement for him. If the diaper issue was resolved.

Over the summer, I worked hard to get rid of the diapers, and at this time, he is fully trained for daytime. Which is great!

And he also got to the top of the charter school waitlist, and started there on Wednesday of this week. During the recess of the first day, I asked the teacher how my son was doing in the classroom and she said "Great!" I wanted to tell the teacher about my son's special needs, and she seemed receptive to having him sit up front, etc.

At drop off time the next day, the school principal was very upset that she hadn't heard about my son's IEP, and that they wouldn't hadn't have admitted him if they knew. The principal said that she felt like my son wasn't working out, but didn't say that they were kicking him out.

This morning at drop off, there were no comments from the teacher or principal. But I did get a call from the school psychologist who was in charge of my son's IEP team, and she told me that my son wasn't working out for the school. She wanted me to try him at the SDC preschool for a week to see if he did better.

The main issues are that my son had a very minor tantrum at snack, because his snack fell into the dirt, and had to be thrown away and that he is not readily lining up with the other children and needs a reminder to join the group. To me, these don't seem like huge red flags that he will not be successful in the classroom, and he seems to really be enjoying the new environment.

The school psychologist feels like the school will be kicking him out any day, and maybe today. She also told me that in California, kindergarten is not mandatory and that they are not required to serve him.

I am planning on writing a letter to request a new IEP this afternoon, and hand delivering it to the District Office. Do any of the wise special needs parents have any advice for me? TIA!
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#2 of 37 Old 09-03-2010, 06:42 PM - Thread Starter
 
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So I just got off the phone with the principal and he is kicked out. I am so upset.
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#3 of 37 Old 09-03-2010, 06:49 PM
 
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No advice just I'm sorry, doesn't seem fair
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#4 of 37 Old 09-03-2010, 06:52 PM
 
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#5 of 37 Old 09-03-2010, 06:53 PM
 
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I'm sorry. Here the charters can determine they can't meet a childs needs and send them back to their home school. It sucks but little recourse for parents...
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#6 of 37 Old 09-03-2010, 06:54 PM
 
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Is this a public school? Can they even do that??? That sounds completely discriminatory to me I'm so sorry you and your son are going through this!
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#7 of 37 Old 09-03-2010, 06:54 PM
 
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Wow that is awful.. I cant offer any wisdom. I have heard of private schools here doing the same thing. Good luck with you fight!

SAHM Michael 01-07 & Emmy 12-08
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#8 of 37 Old 09-03-2010, 06:57 PM
 
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Also if the IEP calls for a level of service they don't have then the campus has to send you somewhere else. Of course y'all could have a meeting to decide if the charter could meet the needs in a less restrictive setting but it sounds like they just did not want to deat with "sped issues" unfortunately.
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#9 of 37 Old 09-03-2010, 08:07 PM
 
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I'm so sorry! No advise to give but I wouldn't take the word of anyone in the school district as being the only options your son has. If you really want to fight it or find out what your rights are, there are child advocate attorneys that help with that. Again, sorry you are having to go through with this...its why we homeschool! :-(

Michele - Homeschooling mom to Hadley, (10/03 - the 23 week preemie miracle) and Noah, (08/05)
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#10 of 37 Old 09-03-2010, 08:42 PM - Thread Starter
 
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Thanks for all the support. I'm just in a state of shock here. I really thought it was going to work out for him to start K this year.

At the IEP meeting, I did agree to the preschool placement, but now that he has matured so much over the summer, I don't think that it is appropriate anymore. Do I need to request another assessment? Or can I just talk about his growth during the next IEP meeting?

I feel like he was removed from the charter school because there was another student on the waiting list, and that they preferred to have her in the school instead of my son. It feels really unfair to me, and not how I thought that public elementary schools were run.

What other options do I have for him? I feel like the SDC preschool isn't right for him, now that he is not in diapers anymore. He will be turning 6 in a couple of months, and it seems wrong to have him in a class full of 3 year olds. I really don't think that he is that far behind. And the school district doesn't have a SDC K this year, otherwise, that could work for him.

The school psychologist seemed pretty adamant that my son can't be accommodated at any K. Ugh, I am just so frustrated with all of this!
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#11 of 37 Old 09-03-2010, 09:35 PM - Thread Starter
 
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I have to think about how hard I want to fight to keep him at a school that doesn't want to deal with him, you know?

I will certainly take a look at those links and see what I can do. It sounded like they had already offered my son's spot to another student from the wait list too, so it seems like they would just say that there is no space for him anyway.

ETA His IEP call for him to attend the special day class preschool, and not the charter that he was attending for this week. I had gotten verbal agreement from the school psychologist that my son could go to the charter school instead.

I think that since the charter is not on the IEP, they aren't required to take him there, right?
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#12 of 37 Old 09-03-2010, 09:50 PM
 
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Just found this, looks significant:

Technical Assistance for California Charter Schools on Implementing Special Education Requirements (Updated 11-Jun-2009; DOC; 687KB; 79pp.)
Primer meets the need of charter schools to ensure the implementation of compliant special education programs.

Quote:
Do students with disabilities have a federally protected right to attend charter schools?

Yes. Section 504 specifically prohibits discrimination solely on the basis of disability to public and private programs and activities that receive federal financial assistance. Children who attend charter schools are covered by these civil rights laws in the same way as children in any other public school.



Quote:
http://sped.lausd.net/
The California Education code §47605.6 (e) (2) (A) states that “a charter school shall admit all pupils who wish to attend the school.” It is discrimination for any school, including charter schools, to unilaterally deny a student admittance on the basis of disability who would have otherwise been admitted to the school.There are students with disabilities who are achieving great success in charter, magnet, iDesign and other alternative school programs.
70w

Quote:
Charter School Operations and Performance: Evidence from California
Charter schools, although exempt from many state and local regulations,
must still abide by federal regulations regarding the education
of students with disabilities. A number of studies have indicated that
it is a challenge for charter schools to serve special education students
(Ahearn et al., 2001; Finn et al., 2000). This chapter explores a
number of important issues relating to serving special education
students in California’s charter schools.
68w


Helpful Links

http://www.cde.ca.gov/sp/se/sr/

"It should be a rule in all prophylactic work that no harm should ever be unnecessarily inflicted on a healthy person (Sir Graham Wilson, The Hazards of Immunization, 1967)."
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#13 of 37 Old 09-03-2010, 10:04 PM
 
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Originally Posted by bbsc View Post
I have to think about how hard I want to fight to keep him at a school that doesn't want to deal with him, you know?
As long as the teacher remains cooperative and understanding it may be worth it. You could start the process then later drop out if it doesn't seem worth it.

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I will certainly take a look at those links and see what I can do. It sounded like they had already offered my son's spot to another student from the wait list too, so it seems like they would just say that there is no space for him anyway.
It is your son's "spot." They cannot expel him to create a "spot" without due process.

Quote:
ETA His IEP call for him to attend the special day class preschool, and not the charter that he was attending for this week. I had gotten verbal agreement from the school psychologist that my son could go to the charter school instead.
From what I have read your son can go to a different school with the agreement of the present school. I would call the psychiatrist as ask if they would write a brief statement that simply says that they agree with your child's placement at that school.

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I think that since the charter is not on the IEP, they aren't required to take him there, right?
They already did take him; he was attending and the IEP travels with him. I've read that the IEP only has to be revisited annually, not when changing schools.

I'm very new to this, so I'm not remotely an expert.

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#14 of 37 Old 09-03-2010, 10:18 PM
 
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I don't know, but this doesn't sound legal to me. Is there anyway you can consult with a lawyer? I'm sorry, it's a really awful situation
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#15 of 37 Old 09-03-2010, 10:24 PM
 
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If the IEP is specific in terms of a type of placement, then you don't have a legal document saying you have a right to be there. I am a special ed teacher and have found in general that if a school isn't willing to work with you, it is not in your best interest to demand they do because they are not going to try their best. Ugh. MANY charter schools are not equipped to handle special needs students in the way they legally must, and that is one of the reasons why you can't make comparisons between charter school results and public schools.

That said, your district simply can't say that they have NO K classes that would work for him. It's his right to be educated in a way that works for him. If they can't provide that, they must pay for you to go to a private school that accepts their money. Using a smart advocate or lawyer can really help you here. Yes you need a new IEP and you may need to fight them. But I would do it with someone present who can help you clarify your federal and state rights.
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#16 of 37 Old 09-03-2010, 11:26 PM - Thread Starter
 
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Yes, the school does not want him there at all, and are not willing to work with me finding a volunteer aide, or anything. It just boggles my mind, because at the original IEP meeting everybody's first choice for him was the charter school that he was waitlisted at, but since it was iffy whether or not he would get in, they put down the SDC preschool for him. I wish now that we had asked for that alternate plan to be written in.

The principal is adamant that he is not a good candidate for their school at this time, but did invite me to reapply at a later date, but to make sure that they read his current IEP before they agree to accept him.

My son was so happy attending this school this week, and doesn't want to go back to preschool. He said "The kids at my new school are so nice! They don't hit me!" And it just breaks my heart that he isn't allowed back there.
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#17 of 37 Old 09-05-2010, 11:50 PM
 
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Originally Posted by cowboyjunki View Post
Is this a public school? Can they even do that??? That sounds completely discriminatory to me I'm so sorry you and your son are going through this!

Welcome to charter schools and the privatization of the public school system. This is often how charters keep their statistics looking so good compared to traditional publics. Even if the law says otherwise re: disabilities.

savithny, 42 year old moderate mom to DS Primo (age 12) and DD Secunda (age 9).

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#18 of 37 Old 09-06-2010, 12:59 AM
 
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Welcome to charter schools and the privatization of the public school system. This is often how charters keep their statistics looking so good compared to traditional publics. Even if the law says otherwise re: disabilities.
Eh. My son was in a regular public school for K and the only "help" I could get from them was endless behavior chart configurations. He is now in a charter school and they couldn't be more helpful.

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#19 of 37 Old 09-06-2010, 01:04 AM
 
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I am a mom of a kid with an IEP as well as someone who was working on a charter school startup a while back.

I know laws may vary state to state, but in the process we went through, it was made very clear that a charter school must use the same standards as public schools in admitting kids, in that zip code and lottery number would be the only things that could limit a child's chance of being admitted. It is not legal for a school to accept any federal funding whatsoever, which charter schools do, and discriminate.

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Originally Posted by bbsc View Post
The principal is adamant that he is not a good candidate for their school at this time, but did invite me to reapply at a later date, but to make sure that they read his current IEP before they agree to accept him.
Now, the district might make the argument that kindergarten is not mandated in CA and therefore they have no obligation to provide a kindergarten classroom at this time. I am not sure on the exact legalities of that, though I would absolutely agree with others that you should *not* let the school district tell you what is allowed and isn't allowed. I'd consult with a lawyer.

However, the above statement is what makes me say, the school is asking for legal trouble. Because applying at a later date might mean next year. In first grade, he'd be mandated to be in first grade. They can't discriminate. They legally have to admit him according to whatever lottery/waitlist process they have established. If the principal is telling you she would have to consider the IEP before admitting your child, she is saying something illegal. Personally, I'd fight for that reason. She needs to be called on this.

Is there a charter school board? How does it work where you are? If you choose to pursue this, you need to be working your way up the ladder, both in regard to the IEP team and in regard to the particular school and district. And get everything in writing as you go.

I'd also let the school district know you are consulting with an attorney based on the principal's illegal claim that she needs to see the IEP before an admission decision could be made in the future. Do it in writing. Send it certified mail.

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Originally Posted by txbikegrrl View Post
I'm sorry. Here the charters can determine they can't meet a childs needs and send them back to their home school. It sucks but little recourse for parents...
It is definitely more complicated than this, at least where I am. As a public school, certain standards have to be met before a child can be moved. As someone else said, the IEP moves with the child, not the other way around.

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Originally Posted by bbsc View Post
I have to think about how hard I want to fight to keep him at a school that doesn't want to deal with him, you know?
Absolutely. You are going to want partners at whatever school your child ends up at, and having a supportive principal can make a world of difference for a child. On the other hand, I've leaned in the direction of making it clear with the district that I am a force to be contended with, and I am glad I have...it has served my child well on several occassions.

Plus...

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As long as the teacher remains cooperative and understanding it may be worth it. You could start the process then later drop out if it doesn't seem worth it.
I still think this principal needs to be called on her baseless and illegal claims that she has a right to review your child's IEP before making an admission decision.

Quote:
It is your son's "spot." They cannot expel him to create a "spot" without due process.

From what I have read your son can go to a different school with the agreement of the present school. I would call the psychiatrist as ask if they would write a brief statement that simply says that they agree with your child's placement at that school.

They already did take him; he was attending and the IEP travels with him. I've read that the IEP only has to be revisited annually, not when changing schools.
Yes, yes, to the above.

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#20 of 37 Old 09-06-2010, 02:04 AM - Thread Starter
 
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I'm trying to come up with a plan for next week. I am in contact with SPIN in my area, and they feel like it would be a bad idea to try and keep him at a school that doesn't want him because they will not do their best.

Can I take him to school on Tuesday? I don't want a scene where they ask us to leave, because it would be very upsetting for my son.

I'm planning on faxing a letter to request a new IEP meeting to the director of special ed, and filing a discrimination complaint against the principal. Or should I write a letter to request due a due process hearing? What's the best way to track down a lawyer who could advise me in this situation?

Thanks again for all the support!
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#21 of 37 Old 09-06-2010, 03:04 AM
 
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I know laws may vary state to state, but in the process we went through, it was made very clear that a charter school must use the same standards as public schools in admitting kid
This is not true where I live. Charter schools do not need to accept special needs kids that they cannot accommodate.

Children are entitled to a free an appropriate education in the least restrictive environment possible, but there isn't legal protection to provide it at the parent's choice of schools.

The OPer could search for an Educational Consultant where she lives to help navigate the legal situation.

Did the school give you anything in writing? I find it odd that there hasn't been any process or documentation, just a phone call.

but everything has pros and cons  shrug.gif

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#22 of 37 Old 09-06-2010, 10:54 AM
 
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Can I take him to school on Tuesday? I don't want a scene where they ask us to leave, because it would be very upsetting for my son.

I'm planning on faxing a letter to request a new IEP meeting to the director of special ed, and filing a discrimination complaint against the principal. Or should I write a letter to request due a due process hearing? What's the best way to track down a lawyer who could advise me in this situation?

Thanks again for all the support!
I believe mediation comes before a due process hearing.

Well, you could try taking him to the classroom and then going to the principle separately and tell him that since your ds is already enrolled you expect he will have his due process to determine whether the school is an appropriate place for him. Even if the law is on his side I expect that something more than a phone call is required to remove him from the school, even if it is form XYZ-12. I'd also see if you could get that psychologist that verbally ok'd this charter school to write a statement to that effect; though it may not have any legal weight since is not formally a part of the IEP and I don't know if you can just tack it on without a meeting of the IEP team.

Some of the links I gave you may point you in the right direction as far as a lawyer goes. The bottom two links are for special ed advocates; if neither are in your area they should still give you an idea of what you are looking for.

Parents' Rights - Quality Assurance Process (CA Dept of Education)Special Education Due - A Guide for CA Parents: Special Education ...

(San Francisco) Protection & Advocacy Inc. - Publications - Developmental ...

(Placentia) CA IEP Attorney | California Child Lawyer | Orange ...

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#23 of 37 Old 09-06-2010, 11:42 AM
 
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This is not true where I live. Charter schools do not need to accept special needs kids that they cannot accommodate.

Children are entitled to a free an appropriate education in the least restrictive environment possible, but there isn't legal protection to provide it at the parent's choice of schools.
Forgive me. I am not trying to be argumentative. I am just trying to understand. Obviously you are the best expert on the laws where you live, not me. This is just really confusing to me based on the information I got when I was working on starting the charter school.

Aren't those charter schools receiving federal funds? Charter schools are public schools, and if they receive federal funds then that money is conditional on anti-discrimination.

No child is entitled to the parent's choice of schools except if they meet the admission requirement...things like zip code and waiting list...but those conditions *have* to be the same for all children, as I understood it. In a public charter school, you can't make the requirement of admission for one child different than the requirement for admission from another child.

Unless the term "charter school" is being used differently in different states. Where I am, charter schools are absolutely public schools (they essentially are treated as districts unto themselves, now that I think about it...but they have to meet the laws of all other districts, including IDEA laws): http://www.masscharterschools.org/schools/index.html.

I really think different things must be called "charters" in different states.

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#24 of 37 Old 09-06-2010, 11:48 AM
 
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Well, you could try taking him to the classroom and then going to the principle separately and tell him that since your ds is already enrolled you expect he will have his due process to determine whether the school is an appropriate place for him. Even if the law is on his side I expect that something more than a phone call is required to remove him from the school, even if it is form XYZ-12. I'd also see if you could get that psychologist that verbally ok'd this charter school to write a statement to that effect; though it may not have any legal weight since is not formally a part of the IEP and I don't know if you can just tack it on without a meeting of the IEP team.
This sounds like solid advice. I feel so badly you are in this position, especially in the position of trying to figure out whether you should take him on Tuesday. It's too bad you probably won't be able to get the legal consult before then. Urgh.

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#25 of 37 Old 09-06-2010, 11:54 AM
 
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For what it is worth, the California Charter Schools Association says on its website that:

Quote:
Charter schools:
  • Are public schools
  • Are tuition-free
  • Participate in state tests
  • Employ credentialed teachers
  • Admit all students
(Emphasis mine) Here is the website: http://www.calcharters.org/understanding/. Click on FAQs and check this out:

Quote:
Can charter schools have admission requirements based on academic performance or other selection criteria?

No. Charter schools must admit all students who apply - if there is excess demand for the number of seats available, the school must conduct a lottery to determine who will be enrolled.
The child has already been enrolled according to position in the lottery (waitlist). Clearly, anything they do from that point in terms of enrollment is of significant legal questionability.

I'd probably find the laws and stuff like this, print it out, and highlight the applicable laws when you go in on Tuesday, if you are going in.

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#26 of 37 Old 09-06-2010, 11:57 AM
 
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Originally Posted by Linda on the move View Post
This is not true where I live. Charter schools do not need to accept special needs kids that they cannot accommodate.

Children are entitled to a free an appropriate education in the least restrictive environment possible, but there isn't legal protection to provide it at the parent's choice of schools.

The OPer could search for an Educational Consultant where she lives to help navigate the legal situation.

Did the school give you anything in writing? I find it odd that there hasn't been any process or documentation, just a phone call.
The area we were in it was like this. I interviewed for a few charters and asked them about the Spec.Ed procedures/set ups.

Like public schools, they had to offer Spec.Ed services and could not 'turn away' students.

BUT- like public schools- they could state that they did not have the services to offer them and refer them back to the home district for services (such as a deaf student needed a signing classroom, a student with severe impairments needing a self-contained classroom, a student with a severe behavior disorder that needed a therapudic setting, etc). It would have to be an extreme situation and one that many districts have trouble with. Often students with unique or needs that could only be meet in a specialized setting could be sent to a private or public run classroom/school specific to those needs. Public schools do this and charters did as well. Of course, the home district picked up the cost of these classrooms or even multiple districts pooled together to have a single classroom to meet the needs of specific students ( our county had several county run ASD classrooms and also had specific classrooms geared toward medically fragile kids, etc).

The Charters in our old area actually had a HIGHER percentage of Spec.Ed students per general population- but that population was very transient and the numbers fluctuated wildly throughout the year. It was mostly a population of students that had LD/EI difficulties. The students with EI (emotional impairments) were the most transient of them all and often were referred back to the self-contained classrooms in home districts. That said, we had many many charters in our area for whatever reason- so there were a lot of different styles/options to try--which resulted in many students shifting around until they found one that met their needs ( or did not).

When we looked into moving into a different state, they had privatized their care for students that had emotional disorders and/or ASD.

So different approaches for different areas- but students were offered a free appropriate education.

I would think that if the IEP is written for a preschool classroom, that is where he can legally be placed- though it is not right and stinks of discrimination.... it may be legal, depending on how the IEP is written. If it would have said K classroom, they would have been legally required to follow the IEP with mediation/due process if there was a disagreement.

I would request an IEP and have portions rewritten, especially in light of his growth over the summer.

Make sure you have things in writing, a verbal agreement will not hold up legally. Was there a note/mention in the IEP about the Charter School? If so , that may also carry some weight.
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#27 of 37 Old 09-06-2010, 12:35 PM
 
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Whatever the laws actually say, in practice, charter schools enroll a far lower percentage of students with disabilities than their traditional public school counterparts, and are generally started and run by people with insufficient knowledge of their special education requirements. (Even the very conservative Mackinac Center agrees this is true).

There's a really great resource on this subject here:
http://www.uscharterschools.org/cs/s...spedp/home.htm

It was put together in response to a 2001 study that found problems with charter's provision of special education services.

One issue, as an above poster said, is in how the charter is set up - whether it is a member of a LEA, whther it is its own LEA, or whether it joins an LEA that is geographically distant or spread out over an entire state. In addition, different states handle the provision of special education money to charters in different ways. But yes, depending on how its set up, a school can say they are unable to provide necessary services and refer a student to the larger educational entity that sets up special services.

In my town, for example, there is a new charter school, but its special education plan is for the traditional public school to provide any special education services. Since it is an "experience" type school, in practice this would mean that any charter student who needed services would be shipped back to the regular school for the services and would miss out on most of the experiences that the charter was designed to create.

Also, in my state, any children in need of a contained classroom would pretty much automatically be placed in a district-run school by the Committee on Special Education, and the charters are not required to have contained classrooms at all.

savithny, 42 year old moderate mom to DS Primo (age 12) and DD Secunda (age 9).

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#28 of 37 Old 09-06-2010, 05:39 PM
 
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I would think that if the IEP is written for a preschool classroom, that is where he can legally be placed
Again, I am no expert, so I could be totally off base. I'm just trying to understand. I think the IEP placement basically says where the services will be provided. But that doesn't mean a parent can't place elsewhere. People change enrollments in schools for all kinds of reasons. The IEP doesn't legally restrict the parent from any other placement, as I understand it only because I've done that with my son...gone with a placement other than the one listed on his IEP (so then the team had to meet again to figure out a new plan for service provision, but they couldn't take away my right to place my son as I understood it or force me to withdraw my son).

But clearly, a legal consult is so necessary in this case. The more I read the less I think I understand.

I'm pro-adoption reform, but not anti-adoption.
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#29 of 37 Old 09-06-2010, 07:01 PM
 
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Again, I am no expert, so I could be totally off base. I'm just trying to understand. I think the IEP placement basically says where the services will be provided. But that doesn't mean a parent can't place elsewhere. People change enrollments in schools for all kinds of reasons. The IEP doesn't legally restrict the parent from any other placement, as I understand it only because I've done that with my son...gone with a placement other than the one listed on his IEP (so then the team had to meet again to figure out a new plan for service provision, but they couldn't take away my right to place my son as I understood it or force me to withdraw my son).

But clearly, a legal consult is so necessary in this case. The more I read the less I think I understand.

The IEP does state where placement/services will be provided. In order to 'change' anything if a location is stated, an IEP should be held and rewritten.

It does not 'restrict' a placement, but if the original IEP states that a students was to be placed in a self-contained class or a Preschool setting, then that is 'legally' what the IEP team has to do to meet the requirements of the IEP.

The team or parents can choose another location, but technically then if it impacts services (which it most likely would) then the IEP should be rewritten. It is a simple process if all parties agree on a new placement/location (which 99% of the time everyone agrees or alllows the parent to choose)---though in the OP it sounds like the school and the family involved do not agree. Then the parent can still place a student potentially, but he/she may not get services and/or the school can restrict access to programs if they feel they can not meet the students needs in that placement and offer another 'least restrictive environment' and free appropriate education.

A move from one public school to another public school is different than a public to charter or public to private, etc. Even public schools can choose not to take a students if it is not their 'home' school/district. We have dealt with this in our area. We wanted my DD to attend one school, but they would not take her since they were not our 'home district'. Only our home school is required by law to provide services. That is not stating that another district wont/cant take students from outside of their boundries (an area I taught in took in a lot of students from outside of the area- it was called School of Choice or Open Enrollment-, but they do get the right to refuse students not within their district/school.They also capped how many students (less than 10% of each grade could come from out of district). Area handle this all differently. Some areas it is easy to move from one school district to another and others it is difficult to even move from school to school within the same school district.

The fact that it is a charter school also changes things up. The 'home district' is required by law to provide a free appropriate education and services.

The OP should request mediation & due process if she feels that that the school and her ideas are not agreeing on placement/services.


The fact that the IEP is written for a preschool setting does allow some legal leeway for the charter school to decide they can not meet that students needs (much like the public school could send a student to another building in the district for a specific program if that school does not offer it).
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#30 of 37 Old 09-07-2010, 12:53 AM
 
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Charter schools are public schools, and if they receive federal funds then that money is conditional on anti-discrimination.
no.

Even a local public school doesn't have to admit and educate a child if they cannot provide services for them, but they do have to find a placement for the child and pay for it.

For example, imagine a child with profound autism in a small, rural school district. The district doesn't' have an autism only classroom, therapists, etc. Nothing at all for the child. The best placement might be in a near by town with an autism classroom. The local school doesn't have to accept the child as a student, but they do have to pay for the child's education.

Special needs children are diverse and some of them require intensive specialized services. Not every school can meet every child's needs.

The federal law guarantees a "free and appropriate education in the least restrictive environment possible." They don't say that parent can decide where that happens, or that every school must find a way to meet the needs of every student.

Schools draw lines about what kind of students they can and cannot educate. Larger districts have special schools set aside, and decent sized cities have private schools that are mostly funded through tax dollars that follow the children with the most intense needs.

The local school has the obligation to the child, but the charter doesn't.

The gray area is children whose needs are such that a charter *could* meet them if they put their heart into it, but many charters like to brag about their test scores so they aren't crazy about kids who require a lot of resources but aren't going to test well.

but everything has pros and cons  shrug.gif

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