Our youngest DS is in an alternative learning school, due to mental health issues he has from the abuse he suffered as a little guy. (We adopted him last year).
The public school system here just does NOT know how to cope with children with special needs. He has done VERY well at the school, and is stabilized for the first time in his young life.The school district has been paying the tuition, and special bussing.
In the last year, they have put together a clinical day program of their own, and have been using underhanded methods to justify it's cost. They have schuduled IEP meetings without inviting the alternative school that the child is attending.
DH and I are adamant about Mike staying where he is. It's working for him. We were told to expect a fight from the district.
We HAD an IEP meeting scheduled for last Friday. We have retained an attorney, and he was slated to come, as well as Mike's clinicians. Three hours before the meeting, the public school district called and said they could not attend. My lawyer said not to worry. That that IEP is in effect forever, unless we change it.
NOW they are DEMANDING a specific date and time for a new meeting, and are sending us a certified letter.
The date and time is NOT convenient for us, so I intend to reschedule. The closer I can get to the end of the school year, the better.

Sorry to be so long, but, my question is....can we DEMAND that they continue to fund the alternative school for Mike, even though they are going to SAY that THEY can now provide the same services? How long can we stall them? Before we will let him go back to the district, I will home school him, but I don't want them to know that, or they WILL refuse to pay. I hear TERRIBLE things about the new program. The drop out rate for the 16 y/o's is very high.

Any advise?

By Texannie on Wednesday, March 10, 2004 - 06:21 am:

I don't know specificially, but did a google for "IEP rights" and came up with these hits.
http://www.google.com/search?sourceid=navclient&q=%22IEP+rights%22

Good luck!

By Cat on Wednesday, March 10, 2004 - 10:56 am:

I can't remember if he's bipolar or not, but there's lots of info about IEP's over at bpkids. Go to the community center member message boards and then click on the education board. Good luck. Sounds like the school is really trying to short change your son.

By Conni on Wednesday, March 10, 2004 - 11:06 am:

I cant really offer any advice or info. Just wanted tos ay I hope it all works out how it is suppose to and I will be praying for you guys.

By Hol on Wednesday, March 10, 2004 - 03:37 pm:

Thanks all!

By Pamt on Wednesday, March 10, 2004 - 09:59 pm:

I hate to be the bearer of bad news, but I think you'll lose this one Hol. The public school is to provide education in the LRE (least restricted environment) for the child, which is ideally the regular classroom with no pull-out services, AND in the school in the child's zoned school. Most parents consider it a failure of the school system for their child to attend a school that they aren't zoned for or that they require special bussing or transportation for. Schools systems will accomodate other schools in special cases, but if they can--even minimally--meet the needs at the zoned school, then that will be the school of choice and to my understanding they have met their legal obligations. Hopefully I'm wrong, but don't think so. You can also look in your area for a free educational advocate. These people are usually former educators VERY well versed in educational laws. I had one of my deaf patients (who wasn't being provided with an interpreter) get one and she was a force to be reckoned with. I told her I was so glad I was sitting on her side of the table. Hope it all works out!

By Feona on Thursday, March 11, 2004 - 07:05 am:

My relative child wanted to go to regular school this year instead of private special ed school an hour from his house.

He is 16. He ended up not going to classes.(too much temptation with the friends hanging out in front of the school.

Just thought you should know.

By Happynerdmom on Thursday, March 11, 2004 - 11:12 am:

Unfortunately, I think Pam is right. They just legally have to provide the services...if they think they can do it at their school, that's as far as they have to go. I agree...see if you can get an advocate. I'm glad you also have an attorney. Even if it doesn't work out, at least you'll know you did all you could. I'm so sorry you have to deal with this.

By Feona on Friday, March 12, 2004 - 07:46 am:

Is she entitled to a mediator if at the end of the meeting she isn't happy?

I think it is evil to remove a child from his school mid year. I would tell them that too.

By Feona on Friday, March 12, 2004 - 07:51 am:

What if she got together with a bunch of the other moms in the same situation. If she could prove the new program causes drop out then shouldn't she have a good case to have him stay where he is.

I know some people doing this with a really bad speech teacher. They are going to the school board meeting to bring up the problem of the terrible speech teacher.


I would make myself their worst nightmare. If they wanted to mess with my son. I would tell them what I am going to do also if I see they are going to be hard noses about it.

I would also call the newspaper and have them investicate the story. This is absolutely horrible.


The cost of drop out is very hard on society. It really is a social issue too. How could they be so short sighted?

If I am not mistaken he only has a few more years to go too.

By Lauram on Friday, March 12, 2004 - 10:54 am:

I agree that Pam might be right. You will have a tough time proving that they can not provide for your child in their home school if they are arguing they can. About the timing of the mtg. You can bring anyone with you and I believe that they have to give you a certain amount of "notice" for the meeting (a specific number of days). That means, they probably sense you are trying to stall which is why they sent the certified letter. Bring an advocate with you. That should help. You can always repectfully disagree with them as well. I believe a "Classroom teacher" has to be present, but not necessarily HIS teacher since he is not in that school (I could be wrong). As far as I know, YOU could invite his teacher though. I believe the lawyer is right about making changes to the EIP, but I also think you HAVE to meet with them and if you don't there could be consequences that you won't like. Good luck!

By Ally on Friday, March 12, 2004 - 09:24 pm:

the law is that the TEAM meeting must happen at a "muchually agreeable time & location". If you do not like what the school is proposing you have the right to reject the IEP and the "stay-put" law is invoked....your child stays exactly where he/she is with the services., placement, etc of the previous IEP. The school and you can go to mediation or hearing before a hearing officer form your state's Department of Education. Both sides present their case and a decision is made.....what state are you in? I do ed advocacy and would be glad to talk more if you are interested......

By Ally on Friday, March 12, 2004 - 09:28 pm:

Wow, my brain is off today!!! I spelled "Mutually" terribly wrong....hahahaha...........sorry!!!!!!!!!!!!!!!!!!

By Feona on Saturday, March 13, 2004 - 06:44 am:

Bump. Good to know. Hope Hol reads. At least you can delay. Maybe the Mediator will realize it is cruel to switch a child mid year.

By Hol on Saturday, March 13, 2004 - 02:47 pm:

It isn't mid-year that they are concerned with. It's NEXT school year. A year ago, we had an IEP meeting, and it stated that Mike should stay where he is for another year. (That was LAST March).
It's a different deal THIS year, because they threw together their own alternative learning program ,and now need bodies to fill it, to justify their existence. Last summer, the NEW program held IEP meetings at the public school district, and never invited the private, alternative schools that the students HAD been attending. I say "shame on the parents" for signing, and not INSISTING that the private school's representative be there.
WE are not stalling. We had a meeting scheduled, (that I requested), for March 5th. The district called THREE HOURS before, and said their representative was sick, and couldn't attend. They have THREE special ed directors, and they haven't sent the same one twice, so you mean to say that one of the others couldn't have attended? Yet they have the NERVE to stipulate to US what day and time it has to be. They chose a Tuesday at 9:00AM, because I believe that they thought our lawyer would be in court.
I have a letter from Mike's psychiatrist, and one from his sexual abuse specialist, that states that for the FIRST time in Mike's young life, he has stability and consistency, and he is doing extremely well. That a change would be VERY detrimental. However, at my other son's IEP meeting, I brought a letter from the psychiatrist regarding a different recommendation. I made copies for all present. The spec ed director from the public school district glanced at it, and THREW it back accross the table at me. Clearly, letters mean NOTHING.
When we adopted Shawn and Mike, we inherited "baggage" that other adults inflicted on them. We made them a part of our family to prepare them for as happy a life as we can give them. We are prepared to FIGHT for them to the end. It's just too bad that the school district
doesn't share our goal. It's all motivated by M-O-N-E-Y.

By Hol on Saturday, March 13, 2004 - 02:53 pm:

Ally- I am in Rhode Island. I would LOVE to talk with you, however, how can we hook up? I don't want to post my email adddress, and I noticed in your profile, that you didn't either.

BTW- I got tired of fighting the district for Shawn, so now I am home schooling him. I will do the same with Mike, before I'll let him go into THEIR program, but I don't want them to know that yet.

By Ally on Saturday, March 20, 2004 - 10:30 pm:

Hol.............Sorry, I have been away for a few days.....aej6@gis.net is my address...

By Bren on Tuesday, May 25, 2004 - 01:42 am:

Hol.... I am new here. I was looking for parents dealing with the same issues as I. I just recently went thru this exact situation in maryland.There's lots of information I can give you on IEP's and your right as parents. I had to find out the hard way. I have had very little help from educators and the school system here.If your interested, let me know. My husband and I recently were granted legal guardianship, of his adoptive 16yr old brother. Lots of emotional issues from abuse at a very early age.I would be happy to talk with you and share whatever I have that would help.