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Special Education Folder
Legal Discussions
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Subj:	Moved Messages
Date:	95-08-03 15:59:51 EST
From:	Ratatat

This folder has been moved from LEGAL ASSISTANCE

Subj:	Educational Malpractice
Date:	95-01-26 22:09:55 EDT
From:	PwrRang500

Please contact ASAP to pursue an Educational Malpractice in addition to a Free and Appropriate Education.

Subj:	Re:Educational Malpractice
Date:	95-02-25 02:08:36 EDT
From:	Emu95

Parents interested in obtaining information on class action litigation to address ongoing 504 violations.  Some Va. parents report having been forced to protect handicapped students by using  "underground network". to prevent school from initiating institutional placement thru CHINS petitions.

Subj:	Re:Educational Malpractice
Date:	95-02-26 12:57:51 EDT
From:	ALAN1116

Please provide me with additional info to act on.  This message is on my husbands net.  My net name is PwrRang500.

Subj:	Re:Educational Malpractice
Date:	95-02-27 17:29:12 EDT
From:	Emu95

The intent of Fed. Legislation is to Prevent Discrimination & "To ensure that the rights of children with disabilities and their parents are Protected." This Data-Base Project was initiated subsequent to requests from parents in AK.., CA.., FL., GA., MD., NH., NV., OH., & VA., for information, training, referrals and/or other advocacy assistance necessary in obtaining Sp. Ed.  programs.
Adroit parent advocacy has long been established as the ONE pre-requisite which can EFFECTIVELY ENSURE that a student receives a FAPE in accordance with Federal mandates. Therefore, we are presently attempting to compile pertinent data, with the assistance of advocates experienced in adjudicating Ed. disputes.  This information will hopefully assist parents in pursuing class-action litigation as a possible means of obtaining a FAPE for their children and uniform compliance as proposed within the Fed. Regs.  Confidentiality will be protected, in that NO Personally Identifiable Information will be released without prior parental consent.  Written reports including referrals and/or individualized recommendations will be provided to all participants upon completion of review.
For additional information please do not hesitate to leave a message on line
or contact CONCEPT: I.E.P. (703) 659-9362

Subj:	Retaliation by School System 
Date:	95-03-04 02:22:46 EDT
From:	Emu95

Prince William County School System initiated criminal charges against Mrs.  Coder (mother of an 8 yr. with autism) after she removed her son from a reportedly "unsafe & inappropriate" Sp. Ed. class.  The school  failed to offer Charles appropriate placement options, and instead chose to retain 3 attorneys at taxpayers expense.  Prince William apparently believes the fed.  mandates (IDEA and Section 504 at 104.36) can be ignored when placement disputes arise.
For additional information establishing the pattern of  retaliation & possible class-action litigation being considered by parents of handicapped children send a SASE to:  
CONCEPT:	I.E.P.
P.O. BOX 455
Stafford, Va. 22555
(703) 659-9362

Subj:	Moved Messages
Date:	95-08-03 16:00:32 EST
From:	Ratatat

This folder has been moved from LEGAL ASSISTANCE

Subj:	query about law school
Date:	95-04-07 22:49:11 EDT
From:	Gundug

I'm interested in applying to law school to become an attorney for students with disabilities. I'm currently a resource teacher with a M.Ed.  Are there any attorneys out there who could give me any suggestions about what to write in the personal letter part of the application and whether they enjoy their job?!! 

Subj:	Re:query about law school
Date:	95-04-08 01:45:12 EDT
From:	Keldonia

Contact your state Protection and Advocacy Center.  The number should be attainable from the State Education Agency, Office of Civil Rights etc.

Subj:
Re:	query about law school
Date:	95-04-15 09:19:06 EDT
From:	OmAtty

Unfortunately, most law schools do not seem to teach anything about special ed.  My experience is that they want applicants with some life experience, a demonstrated ability to be successful in whatever job they do, and "extracurricular" activity-an intelligent, well-rounded person not straight out of college.  There were lots of teachers and nurses among the women in my class and they did very well.
And yes, I love my practice.
Susan

Subj:	Re:query about law school
Date:	95-04-22 16:13:53 EDT
From:	TJSp

I'm very interested in helping children obtain FAPE and recognize the problems many families face in advocating for their children.  Attorneys in our small town avoid conflicts with the school system.  When our family encountered a problem, we hired an attorney from Chicago.  We felt fortunate that we could afford this.
I would like to help with this effort, but am not an attorney and there isn't a law school near us.  Is there a way for me to volunteer my time, services, and admitted minimal expertise that would not involve going to law school?

Subj:	Moved Messages
Date:	95-08-03 16:01:01 EST
From:	Ratatat

This folder has been moved from LEGAL ASSISTANCE

Subj:	Need Help getting Compensatory
Date:	95-04-25 21:49:05 EDT
From:	Kdee

I will be beginning the process of asking our school system to pay for a summer program for my son.  I have filed complaint with DOE and they have found the school  to be in non-compliance with my son's Ed plan.  I know the school is going to give me a really hard time about this.  I need help on how I should go about getting this.   Please E-Mail Kdee with any help you can give.  Thank You!!

Subj:	Re:Need Help getting Compensator
Date:	95-04-27 09:55:44 EDT
From:	ALauritzen

You need to contact your states protection and advocacy service. You will most likely need legal assistance. Does you state have an educational mediation or conflict resolution program? If the complaint finds the school out of compliance was there no remedies suggested? Contact your state parent information and training center for their assistance or referral. Yes you will probably be given a real hassle, but you will need to keep pushing. Keep us posted. Anne

Subj:	Re:Need Help getting Compensator
Date:	95-05-06 22:46:47 EDT
From:	WBYC1

Contact DIVECHRIS on AOL if you still require information. I have advocated for SPED students in MA.

Subj:	Re: Compensatory
Date:	95-06-16 20:54:11 EDT
From:	Kdee

WBYC1 I have been trying to E-mail you.  Anyway I tried to contact DiveChris
and this person is "not a known user"
Had mediation today, I've requested a hearing.  What do you think my chances are of winning this thing?  I want to pay a tutor myself and get reimbursed.

Subj:	Moved Messages
Date:	95-08-03 16:01:31 EST
From:	Ratatat

This folder has been moved from LEGAL ASSISTANCE

Subj:	update on Crawford case
Date:	95-06-29 19:22:54 EDT
From:	Lynn1414

Can anyone give me an update as to the present status of IQ testing based on the Crawford case?  If you have any recent articles and/or summaries regarding special education assessment for minority students pursuant to the Crawford case, I would appreciate E-mail to Lynn1414.  Thank you.

Subj:	Harassment/Retaliation
Date:	95-07-03 02:38:49 EDT
From:	RAldridge1

Due to the remoteness of our area (80 miles to the closest city-Eureka) and total lack of advocacy here, I have become very familiar with special education laws, both federal and state.  I have taken the school district to Fair Hearing 3 times in approximately 18 months and have done well.  Unfortunately, this has placed me in direct conflict with district administrators who clearly have the power, time, money and control.  I have issued complaints through OCR, Compliance-SDE, OSEP, etc. and have written to the Dir. of Specialized Services (Shirley Thornton) regarding retaliation and harassment without success.  It appears that the only persons with jurisdiction of district administrators is the Board of Trustees who, in our area, are one and the same.  Therefore, I am now in a very vulnerable position and so is my 10-year-old daughter who they do not hesitate to use to harass me.  They bulldoze their way through the IEP and nothing ever gets accomplished.  They are demeaning toward my, my daughter and anyone who cares about either of us.  They refuse to consider independent assessments provided to them and will speak only of whether or not she continues to qualify for special education.  The goal is and has been, to disqualify her somehow.  I realize that due process will stop them if they attempt to do so but the continual harassment can take a whole family down.  I want to go to an IEP and talk about my daughter for a change and the real issues.  This costs me greatly in time from work etc. and they know it.  Not only do they know it, I believe it is a part of the plan to take me out!  I've had a tire slashed but am still alive - what will be next?  I am serious!  What is one to do under such circumstances?  Is there no legal assistance for this type of thing?  The remoteness of our area is a real disadvantage, although I hear parents in other parts of the state, and even country, are experiencing some of these behaviors on part of district administrators as well.  There has to be a method for parents to address this type of problem.  Help!

Subj:	Moved Messages
Date:	95-08-03 16:01:55 EST
From:	Ratatat

This folder has been moved from LEGAL ASSISTANCE

Subj:	Re:Harrassment/Retaliation
Date:	95-07-14 21:06:45 EDT
From:	EOlive8407

I have been in the same situation that you are in, except in this case the special ed teacher was abusing my daughter.  

Subj:	Re:Harrassment/Retaliation
Date:	95-07-15 09:12:12 EDT
From:	ALauritzen

Have you written to Judy Heumann the Asst. Secretary for Sp. Ed. at OSERS?  Have you worked with the Protection and Advocacy Services in your state? Are you in Illinois??  If you are in Illinois, Contact Senator Simons office and tell them what is happening - he is one of the good guys! Try that and let us know. 

Subj:	Re:Harrassment/Retaliation
Date:	95-07-16 20:35:06 EDT
From:	Socadream

Whatever you do, don't give up!  Call Protection and Advocacy at (415)928-2273 (No. California).  Call OCR again and ask for Al Scoggins (he's the head).  Write to Leo Sandoval, State Director of Spec ED.  Call your county office for the numbers.
Contact Your CAC (Community Advisory Committee, Spec ED)  This group is Federally mandated!  You can speak publicly for 3-5 minutes, but be prepared not to mention people by name (a no-no).
I hope you have been keeping an ongoing file on your child-everything from the school folders (cums) and from special ed dept. (sometimes kept downtown) to anything you received from the school regarding your child.  Include any testing reports (both public and private), examples of school work and grades and all correspondence (even your notes of telephone conversations).  This  is your "document" trail.  All of this will come in handy when you work with PAI/or attorneys.  Also call TASK ,  our So. Ca. number is 714-533-8275---they should be able to refer you to TASK in your area.  I would also suggest you take a deep breath, try to put your emotions aside (I know this is hard to do!) and put on your advocate hat when you deal with any school representative.  Don't let them push your buttons and get you so upset you can't think straight.  Remain calm and follow up any requests in writing.  Knowledge is power!!!  Call 800-894-9799 and request a subscription to "The Special Edge"-this is FREE to all Calif. residents.  It has a lot of useful info and updates.  It also contains names and addresses of State people who you can contact.  If you don't have a copy of the CA Composite of Laws for this year-ask for one-it too is free. Make sure you read it,  then ask your SELPA for a copy of the Local Plan.  Compare these with your situation and see if they are out of compliance in other areas-you may need to contact the state or even the Feds.
There's more, but this is a starting point...Good Luck!!
Socadream
PS I'm sure you've already done a lot of what I suggested, but just in case-there it is.

Subj:	Moved Messages
Date:	95-08-03 16:02:20 EST
From:	Ratatat

This folder has been moved from LEGAL ASSISTANCE

Subj:	Legal help through Tech Act
Date:	95-07-18 10:26:09 EDT
From:	SAsplund

The projects funded under the Technology-related assistance for individuals with disabilities act are mandated to provide advocacy for people in their states or communities. Many Tech Act projects have contracted with their state's protection and advocacy legal services to provide direct legal assistance related to the use of technology. If you don't know your state's tech act number, please contact the RESNA TA office at 703/524-6686X313.  Sorry that I don't have a toll free number. Most of the individual projects have toll free numbers but not the assistance office.

Subj:	Re: Compensatory
Date:	95-07-26 01:57:14 EDT
From:	In4Thefun

What happened?

Subj:	Moved Messages
Date:	95-08-03 16:12:57 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Educational Malpractice
Date:	95-01-26 22:22:21 EDT
From:	PwrRang500

Need legal representation to file Educational Malpractice.  Have unsuccessfully attempted with one expensive attorney to obtain a Free and Appropriate Education.  School system still fails to comply.  Would like to consider  a malpractice/negligence suit.  Please contact ASAP.

Subj:	RE:
	Educational Malpractice
Date:	95-01-27 00:11:07 EDT
From:	TWhite2112

I am not an lawyer , but I am a parent who also has had problems with the education provided to my disabled son. I could go on for hours about the trouble I have had. Please try calling the U.S. Department of Education .There is a lot of protection offered under the Americans with Disabilities Act and Section 504 of The Rehabilitation Act of 1973. Good Luck!

Subj:
Re:	RE: Educational Malpractice
Date:	95-01-27 00:20:57 EDT
From:	GailPery

One option is to file a complaint with the Office of Civil Rights.

Subj:
Re:	RE: Educational Malpractice
Date:	95-01-27 16:34:34 EDT
From:	PwrRang500

Is there a central office number that I can call.  This case has been going on for more than a year and still I'm not getting anywhere.  I appreciate so much for your response.  I didn't have a clue as to how to work this online stuff and to be honest never expected to get such a quick response.  Thanks so much.

Subj:	Re:RE: Educational Malpractice
Date:	95-01-27 19:54:58 EDT
From:	SusanS29

For the Office of Civil Rights? The office should be listed in your phone book if you're near a decent-sized city.

Subj:	Re:RE: Educational Malpractice
Date:	95-01-27 21:04:17 EDT
From:	JanelleD

I am a parent and also an advocate in PA.  The Office of Civil Rights has been very helpful with solving issues which I have experienced with my child personally and with other parents I have worked with.  I rely heavily on IDEA in combination with Section 504 of the Civil Rights Act as was mentioned before.  PA was monitored by the U. S. Department of Education, Bureau of Special Education, and many issues of concern were delved into and flushed out.  We are still waiting for more.  You can contact Judith Heumann, Assistant Director, I believe, of the U. S. Dept. of Education - Special Education.

Subj:	Re:RE: Educational Malpractice
Date:	95-01-27 23:31:24 EDT
From:	PwrRang500

Thanks so much.  On Monday, I intend to call the US Dept. and OCR.  Trust me when I write  a book on this case.  I will let you know how I'm doing.  Thanks for your interest.  Just having someone else out there that has experience in this is a relief.  

Subj:	Re:RE: Educational Malpractice
Date:	95-01-27 23:35:07 EDT
From:	PwrRang500

I'm in a prudish conservative city.  I need to move on to where there's a metropolitan city.  Thanks.  I will call the nearest regional office.  

Subj:	Re: Educational Malpractice
Date:	95-02-06 07:41:02 EDT
From:	PamWilsn

There is a lot of discussion about this in the Keyword Disabilities area message center. Have you been there?
I was wondering if you know about the Inclusion Chat hosted by Ta Washi, KarenL2888, and Eg 12 on Thursday evenings at 10 Eastern in the Health & Medical Chat area of keyword Health? They have resources, support and information regarding working with school districts.
Good luck

Subj:  Moved
Messages
Date:	95-08-03 16:14:02 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Schools for Sp. Ed. Students
Date:	95-02-11 20:19:17 EDT
From:	LADISLIPER

Where would I find a list of schools that concentrate on learning disabled students?  We are willing to relocate from CA because our H. School son is so very unhappy.  They are NOT meeting his needs and insist he mainstream a great deal without help.  He is frightened.  He is under doctor's care just to survive. Please help.

Subj:	Re:Schools for Sp. Ed. Students
Date:	95-02-12 06:11:13 EDT
From:	SusanS29

Go to your public library. I forget the name of the book, but there is a book that lists such schools. The reference librarian can help you find it.
Here in St. Louis there's an outstanding school by the name of Churchill School. It's small and I can't guarantee they would have room for your child.  St. Louis may be too far from California for your taste if you have family there, but your child would get a great education at Churchill-and greater St. Louis is a terrific place to raise children.

Subj:	Re:Schools for Sp. Ed.
	Students
Date:	95-02-14 14:25:55 EDT
From:	PwrRang500

There is a school search book for elementary through H.S. listing all LD schools in the US.  I have ordered the book at (617) 489-5785.  School search Press, 127 Marsh Street, Belmont, MASS.  02178.  $34.95.    It lists each school profile with key information on application information, test requirements, admissions process, selection criteria, types of disabilities served, High School Course requirements, relative selectivity.  Majors, Sports/Activities, Learning Disability Program-program, staff, diagnostic testing, tutoring, academic accommodations, graduation requirements, location, expenses, accreditation, etc.  there is a research book listing colleges or services for students with  a LD.  call that number to order the book.  It saves you time and money by having the information at your finger tips.  Good Luck.

Subj:	Re:Educational Malpractice
Date:	95-02-15 16:57:15 EDT
From:	SGMDOC1

Will you contact me  regarding problems you have had in the area of mainstreaming or inclusion as I am in the process of writing a university level paper for my educational psychology class.  Also,  would like to know what you have done to rectify the situation.  SGMDOC1

Subj:	Moved Messages
Date:	95-08-03 16:15:35 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Re:Educational
	Malpractice
Date:	95-02-15 20:26:44 EDT
From:	PwrRang500

We first obtained the best independent evaluations from undisputed professionals.  Then we mailed to School Board and requested to meet with them in a win-win situation.  (Pow Wow meetings, I call).  After receiving no response from them, I filed due process with an attorney.  That scared them.  In order for any inclusion or any educational program be placed, you must first have the child's disability diagnosed and have a list of recommendations made.  You first need to obtain an individual educational plan before you consider class setting or placement. If a child is mainstream, you must ask first as to what does this child need as support in order for his mainstream/inclusion setting be successful.  For a deaf child it could be an interpreter.  For a blind child it can be Braille.  For a child that has communication disorder may require a teacher's assistant that is trained in CD.   You can't just place any one because they're for hire in place of a professional teacher or without any training.  This cost money.  Trust me when I tell you, that many times a child's  educational plan is last because of predetermination involved.  The school may know that a child needs extra help, but they prefer not to hire them.  They will inform the parent that the program is not for the child without giving a child an opportunity to experience.  etc. 
What we have been successful with so far without going to the due process, due process has been continued for April, is to have the school board recognized and understand undisputedly (check spelling) what the child's disabilities are.  How the brain functions, how they learn.  We then told them, we have trusted you with out child for the past eight years, they have made no progress and the discrepancies of their verbal and nonverbal skills have maintained the same throughout these years.  Now we are telling you based on these experts evaluations what our child needs.  We now have him with a reading teacher two hours day. one on one.  Speech one hour a day, one on one.  Collaboration between speech teacher, reading teacher and his LD classroom teacher.  All staff in his regular class, mainstreaming classes math, PE,  art, music are aware of his disabilities and are aware of the accommodations he needs in order to experience success and build his self esteem.  Also, he has a teacher's assistant with him in these classes.  Other than the remediation he is receiving i.e. reading and speech,. all other subject areas are ON GRADE CURRICULUM...!!!   I must make a big deal out of this, because the Special Education children  follow special education curriculum. And these children are not expose to the same materials/matters that regular ed. kids get on the same grade level.  It leaves many of our children in the dark and when standardize testing arrive.  They never measure up to the regular ed. kids.  One reason, they are not expose to the same materials. Don't forget, standard testing measures what "normal" kids are able to do.  Not fair game.  Therefore, I refuse special ed. curriculum.  He's an LD with high intelligence.  Therefore, the teachers need to present things to him visually, use manipulatives.  A what is called a Multi-sensory approach.  If teachers are not trained they have to receive training.  I'm the treasurer of the local LD Association.  I'm very active in the community, I regret that I took such passive role in my own child's education fearing that I would antagonize individuals in the school system.  It wasn't worth it.  Now them running scare and ambivalent to approach me, and that suits me fine.  If I can be of any further assistance to you.  Keep on line.  Good Luck if your paper.  

Subj:	Moved Messages
Date:	95-08-03 16:16:09 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Re:Schools for Sp. Ed. Students
Date:	95-02-16 00:16:14 EDT
From:	CoTeachNet

Do you have to go to CA?  Try calling Rick Lavoie, Program Director at Eagle Hill OUTREACH at 45 Glenville Road, Greenwich, Connecticut 06831 (203) 622-9240.  He is an incredible man who travels around the country lecturing for LD children's rights.  I'm sure either he or his organization can help you find the right placement for your needy son.  God bless you in your search!
Candy from CoTeachNet

Subj:	Re:RE: Judith Heumann
Date:	95-02-28 21:17:17 EDT
From:	Shell38574

Please advise where this lady's office is located.  She was listed by JanelleD as Asst Director, of the U.S. Dept of Education-Special Education.
Thanks, Shellie in Memphis

Subj:	Attorney in Memphis
Date:	95-02-28 21:18:35 EDT
From:	Shell38574

I am looking for a child advocacy lawyer in the Memphis area.  Please advise
if anyone is familiar with one in particular, or how to go about locating
one.  Thanks, Shellie in Memphis

Subj:	Re:Attorney in Memphis
Date:	95-02-28 22:19:10 EDT
From:	Ratatat

Each state is supposed to establish a Protection and Advocacy Office to over see compliance with the IDEA.  Maybe you could check through them.

Subj:
Re:	Attorney in Memphis
Date:	95-03-01 12:31:55 EDT
From:	PwrRang500

CONTACT PETE WRIGHT (804) 755-3000

Subj:  Re:Attorney in PA
Date:	95-03-12 02:24:19 EDT
From:	AVPPPS

Can anyone give me the name of an Attorney in NE or Eastern Pa. Our school district is in the process of trying to cut services to our son that have been in place for the last 3 yrs.  He is a multi handicapped child in an inclusion setting. So far this year he has gotten straight A's. If they cut services he will not be able to maintain. They are trying to claim that everything is medical. request help ASAP. Thanks!

Subj:	Children with
	Learning Disability
Date:	95-03-31 19:29:36 EDT
From:	Mike Krell

The Legal Center Denver 303/722-0300 published a Handbook for Parents of
Children with Learning Disabilities

Subj:	Re: Donnamarie Coder, Due Process
Date:	95-04-01 01:57:02 EDT
From:	Emu95

Donnamarie Coder is forced to remain a "fugitive" as a result of incidents which have occurred since she challenged Prince William County Public Schools (VA) in a due process hearing.  All Donnamarie requested was an ed. placement that was "safe & appropriate" for her 8 year old handicapped son.  Now she and her 2 boys must remain in the "underground network".   We are trying to locate other parents that have been subjected to retaliation from the school after filing for a hearing.  We have documented several complaints from parents in  Calif.,  NV.,  NH,  Fl.,  AZ..  If you have information that can assist Donnamarie and/or other parents being intimidated by a school  system, please do not hesitate to contact Mike at (703) 659-9362  or CONCEPT:  I.E.P.
P.O. Box 455
Stafford, Va. 22555

Subj:	Moved Messages
Date:	95-08-03 16:17:04 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	spec. ed in public schools
Date:	95-04-02 03:47:52 EDT
From:	ENCINITAS

Thank the Lord my son is now 19 years old and I no longer have to deal with the public schools for services for him.  He is gifted as well as challenged with multiple learning disabilities.  He is now in University - with no thanks to the public schools!  
For years we expended our energies trying to get the public schools (in southern CA) to provide for his needs.  I knew he needed help when he entered kindergarten, ...it was not until he was in 5th grade that I finally got him services.  In the mean time, Mom was his constant tutor, reading everything I could find on learning disabilities.  We went through a year of Occupational Therapy for visual-motor integration, I bought all kinds of special educational supplies to teach him at home, I started him using a keyboard in 4th grade, then a computer & word processing, I read to him, provided him with lots of enrichment activities (art lessons, cub scouts, baseball camp, etc.)
I could write a HUGE book on my experiences.  I also became a "jailhouse" (or should I say schoolhouse) lawyer in special education law.
In the end, after getting Spec. Ed services, trying to make them work, going through annual reviews to get new services as my son grew and his needs changed, and going through due process, we finally placed him in a private school for bright LD kids in the 7th grade where he stayed until he graduated.  All of this cost us $$$$$ -- over $11,000 a year just for the private school-but it was worth every dime.  My son got the kind of education he needed and the constant stress about school ended at our house.
After everything I have experienced and learned-my conclusion is that vouchers are the only answer!  We parents DO know what our kids need and if a school will not provide it, then we should be able to take our voucher elsewhere to a school that will.
The public schools in the United States are one gigantic beauracracy, with a "civil service" mindset.  (I should know I am now a teacher-ah, the ironies of life-to pay that University tuition!!!)  All school administrators know is the bottom line of their budget - and to h-l with the kids.
LD kids are a big threat to the public schools by virtue of their huge and growing numbers-they and the Communicatively Handicapped  (who frequently later become classified as LD) represent 80% of the special ed population.  (I keep track of the statistics from my state dept of ed).
What is the answer?  After 12 years of struggle I would say PRAYER, then muster all the private resources you can-don't depend on the public schools no matter what the laws say.  The laws are nothing but empty promises and false hopes.

Subj:	Re:spec. ed in public schools
Date:	95-04-02 21:51:20 EDT
From:	SusanS29

The problem is that you are in California. In California the requirements for receiving services are so strict that relatively few qualify. Many more would qualify in almost any other state of the Union.
Vouchers wouldn't help you much; unless I'm very much mistaken the amount you would get in California wouldn't be all that high.

Subj:	Re:spec. ed in public schools
Date:	95-04-02 23:31:17 EDT
From:	Kenner 14

Greetings!   I'm sorry for the education you and your son received in California public schools.  I just want to put my two cents worth in as a Special Day Class Teacher in California public schools.  I see myself as the child's advocate and work very closely with the parents whom I see as the MOST important members of our team.  I just wanted you to know that some of us do respect and work with the parents.  Congratulations on you and your son's successes and my hope is for continued success :-).

Subj:	Moved Messages
Date:	95-08-03 16:17:52 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Donnamarie Coder Case
Date:	95-04-14 22:54:27 EDT
From:	Emu95

Donnamarie Coder remains a "fugitive", as the result of litigation involving her handicapped son's special education program.  Her mother has been able to obtain intervention from the White House.  OCR has failed to protect Donnamarie and/or her sons from the ongoing retaliation. Other parents from Calif., Fla, Wash. D.C. and Virginia have experienced discrimination resulting from a lack of enforcement on Section 504.  Have any parents that have been through a due process hearing ever received a decision within the mandated 45 days?


Subj:	Re:Donnamarie Coder Case
Date:	95-04-15 01:14:34 EDT
From:	Keldonia

Yes, a group of Hard-core Advocates in Texas became relentless about the OCR time frame mandates and the Due Process time frame Mandates and filed against the Texas Education agency.  Texas now complies accordingly !!!  Yeah for those tough ol' Moms !!

Subj:	Re:Donnamarie Coder Case
Date:	95-04-15 09:16:18 EDT
From:	OmAtty

Why is it always the MOMS?

Subj:	RE:Donnamarie Coder
Date:	95-04-22 16:04:41 EDT
From:	TJSp

I'd like to hear more about this case.

Subj:	Moved Messages
Date:	95-08-03 16:18:23 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Re:Donnamarie Coder Case
Date:	95-04-23 17:54:54 EDT
From:	SusanS29

In my experience is it almost *always* the moms, but the dads are behind them. I'm trying to think of a single case where there was both a mom and a dad, and the *dad* was the one to come to the IEP's, protest inadequate diagnoses, etc., and I can only think of two (and they both did more harm than good with their fiercely belligerent attitude.)
There were numerous cases of mom & dad coming and functioning as equals, but I think that often the mom's job (or lack of one outside the home) made her the obvious job to come to school for multiple meetings.

Subj:	Re:Donnamarie Coder Case
Date:	95-04-25 23:38:00 EDT
From:	Emu95

Donnamarie Coder's 2.5 million dollar case against the Va. Dept. of Ed. has been set for jury trial in Alexandria Va. on June 5, 1995.  In the mean time Donnamarie remains a fugitive, for allegedly allowing her son to be "truant" rather than placing him in an "unsafe & inappropriate" program. The retaliation she has been subjected to has occurred during an alleged investigation by OCR.


Subj:	LD & Summer School
Date:	95-05-26 14:02:55 EDT
From:	Murrayman1

My son was finally and just recently diagnosed as AD and now LD.  The started him in the special education program approximately 6 weeks ago.  At the school meeting I mentioned that I would like him in the summer school program and the principal informed me that the grant had not been approved as yet, but they were hopeful.  It did come through, but supposedly for Chapter 1 students only and since Erik is in the federal special ed program it is a duplication of services - I say that since they don't offer anything for LD in the summer it is not duplication.  I cannot afford a tutor but my son needs the x-tra help this summer.  Any suggestions?  

Subj:	Re:LD & Summer School
Date:	95-05-26 15:49:30 EDT
From:	SusanS29

I believe they have to offer summer school for your students if they offer it to all, but the Chapter I may be a complication.
HOWEVER: since he isn't in spec ed during the summer I don't think it's a duplication. You may be able to fight it that way.

Subj:	Moved Messages
Date:	95-08-03 16:19:01 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Re:LD & Summer School
Date:	95-05-27 11:36:58 EDT
From:	LTroudy

In our district summer school that is categorized legally does not have to be offered to all - it falls under the same legal restrictions that occur during the year , such as chapter 1  qualifications.  Even our special ed summer school "state" qualification for s.s. are a little different.  Placement is made in special ed. summer school  for SDC students and RS students IF... we change their category for summer and writ e on the IEP that without summer school placement more restrictive services may be required in the future.   I will give you my opinion of most - not all - summer school programs.  The needs and personalities of the LD children are different.  It takes time, effort and insight to develop a rapport and program to work with these children.  Seldom does the teacher who has worked with this child carry the case during summer.  Someone coming in to work with this child for 15-18 days, BARELY gets to know the child and hardly can make a dent in their needs.  Sure they can enrich them with creative discovery units, but so can home.  Summer school doesn't accomplish much, except keeping the child out of mischief  and away from the t.v.   I have felt that the stress it puts on many of my kids- adapting to a new teacher- often a new school - a new classroom - new bus driver- new students - new rules - for 3-4 weeks- it  is to much for them to handle.  They would do as well in a community science camp, parks and recreation program, small community theatre and I really encourage my parents to work that direction.  Several of my parents have formed a small " co - op" of sorts and each one takes a day with the 4-5 kids and does a community outing and then prepares ( the kids do ) a lunch and possibly a time to swim etc.  There is a lot that can be done to create the same results that summer school intends- but I feel seldom gets too.  I even tried teaching it several times and felt it was a waste of all of our time ( except the parent who gets a break).  And I  do know how much that is needed !  ( sorry about the lecture) 

Subj:	Re:Educational MalpracticeHi
Date:	95-06-16 09:56:31 EDT
From:	NLB 49

Hi, I'm new to AOL altho have been member of one of the "other" networks for yrs.  I may be calling for a Due Process Hrg today and would like info.  If anyone knows of a good educational attorney who would be willing to handle a Due Process on a contingency basis I would appreciate the info.  I'm in NC, Chapel Hill area; near Durham & Raleigh.  Thanks.

Subj:	Moved Messages
Date:	95-08-03 16:20:03 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Noncompliance
Date:	95-07-03 02:21:02 EDT
From:	RAldridge1

What does one do when they have serious issues, live in a rural area where there are no advocates or advocacy agencies, have pursued issues through OCR, Compliance Unit-SDE, OSEP, etc. yet are still being harassed by district administrators (although I have no proof as to the perpetrators, my tires have even been slashed!), am ram-rodded and bulldozed at IEP's, etc.  I have taken the district to Fair Hearing 3 times in approximately 18 months, which have resulted in success, however, the district is still in noncompliance with various parts and have made it impossible for my daughter to receive O.T. therapy as needed.  At the IEP, the district stalls with irrelevant rhetoric such as disputing whether my daughter is eligible for special education or not despite a fair hearing decision stating she is, disregarding independent assessments stating my daughter is disabled, calling her SED instead of OHI, SLD, etc. just to muddy the waters and we never seem to get to the real issues, the services they are to be providing which cost them money.  I have no control over the IEP, nor does any other well-intended person in attendance whose goal it is to discuss the child.  Apparently ethics, harassment, retaliation, etc. are not within any government agencies jurisdiction.  Instead I am referred to the Board of Trustees, the other part of the good ol' boy network in our district.  If I can't get legal assistance or advocacy, maybe I could at least get someone to do a movie and make a lot of money so I can pay for the services my self
Subj:  Moved Messages
Date:	95-08-03 16:20:25 EST
From:	Ratatat

These messages have been moved from:  SPEC-ED MALPRACTICE

Subj:	Re:Educational Malpractice
Date:	95-08-01 10:06:09 EDT
From:	User692564

I too am looking for help from any lawyer or advocate to help with obtaining a F.A.P.E. for my son...I most recently wrote to all of our local television stations ! If you find help...Please let me in on it ! We are about to start another year of horror!!!!


Subj:	Re:RE: Educational Malpractice
Date:	95-08-01 10:10:01 EDT
From:	User692564

I was reading on...The O.C.R. refers it back to the very school district that you are having trouble with !   It is like a closed circuit (Circus !)  It is so hard to find help when you are dealing with a school district.  It takes years...I've been looking for help since my son entered the 4th grade, he's now entering 9th.  with NO vocational transition plan in place, and severe school phobia.

Subj:	Re:Schools for Sp. Ed. Students
Date:	95-08-02 23:45:37 EDT
From:	LuluB86501

LADISLIPER, Have you considered taking the problem to due process? It is your right.  Ask the school how to start due process.  If they say NO they have broken the law.  If you have an organization called Pilot Parents there, contact them.  They can give you all the help you need.

Subj:	IDEA
Date:	95-08-03 22:21:08 EST
From:	BALP SPOT

Could someone please tell me what IDEA stands for and what it says?  I know all about 504 but have never heard of IDEA in all of my research for my 9 year old daughter.  Thanks-I will check on line in a few days

Subj:
Re:	IDEA
Date:	95-08-03 22:41:16 EST
From:	DebKunz

IDEA is the Individuals with Disabilities Education Act (formerly P.L.94-142).  It guarantees that children with disabilities be given a free, appropriate public education with supports and services necessary to be successful in the least restrictive environment.
Subj:  Re:Moved Messages
Date:	95-08-03 22:43:02 EST
From:	DebKunz

What state are you from?  You may try to contact your Parent Training and Information Center, your Developmental Disabilities Council, or maybe your state chapter of TASH.

Subj:  Re:Moved Messages
Date:	95-08-03 22:45:52 EST
From:	DebKunz

Have you tried TASH?  It is an international advocacy organization which has chapters in every state.  Your DD Council may help or contact your Parent Training & Information Center.
Subj:  Re:IDEA
Date:	95-08-05 14:28:50 EST
From:	LenT6019

It's Public Law 94-142 known as the Individuals with Disabilities Education Act or shortened as IDEA.  It outlines the rights of the student and their family when trying to secure the appropriate services to accommodate one's special needs in an educational setting.  It is supposed to provide a procedural way of protecting your rights against an adversarial school system - it doesn't always work without a lot of blood, sweat and tears on your part trying to force the system provide your child with the Free Appropriate Public Education (FAPE) to which every child in America is allegedly entitled . There a lot of good material about IDEA in libraries that spells out the whole process including referral, assessment, coding and placement.  Good luck with your research.

Subj:	IDEA
Date:	95-08-05 18:16:30 EST
From:	BALP SPOT

Thanks for your quick responses.  I am fortunate that I live in Rutherford Country (Smyrna, TN -- 25 minutes south of Nashville) and we have wonderful resource programs for children with disabilities.   I would highly recommend the area to anyone who has children with disabilities.  Our school district readily accepts, and provides FAPE to our children with no hassles.  It is great for parents, but more importantly, it is an environment where children with disabilities are free to be themselves and are accepted within each school.  Terrific teachers abound in our district and our children are included in everything, plays, field trips, special events, principal's lists', etc.  
I guess I did not realize I already knew about IDEA until I saw what it stood
for.  Good luck to each of you also.

Subj:  Newsletters/Classes
Date:	95-08-06 17:31:32 EST
From:	Schwartzie

Two Questions in Advocacy Area:
1)  Does anyone know of a newsletter that I can subscribe to which discusses developments in Section 504 of the Rehabilitation Act and the Education of the Handicapped Act?
2)  Does anyone know of a class in which I can enroll which would teach me how to advocate on behalf of my child in the areas of Section 504 of the Rehabilitation Act and the Education of the Handicapped Act?
Any suggestions on either or both requests for info would be greatly
appreciated.  Thanks in advance.

Subj:  Re:Newletters/Classes
Date:	95-08-06 20:30:31 EST
From:	Ratatat

Yes!  Contact your state's Protection and Advocacy Office.  Part of their program is to provide some sort of training on these special education and civil rights laws.  They are usually located in your state's capitol.  Or, you could call NICHCY (National Information Center for Children and Youth with Disabilities) and ask them for a resource list for your state; tell them what you want to know - and they will sent it to you, free! 
Subj:  Re:IDEA
Date:	95-08-08 13:23:10 EST
From:	LINDA HA

IDEA - Individuals with Disabilities Education Act (P.L. 94-142)
6 major principles - all students with disabilities be educated
* non-discriminator and fair to every student
* Individualized education  program (IEP)
* Least restrictive environment
* Due process
* Parental input is mandated
* 
* Subj:  Re:Newletters/Classes
Date:	95-08-10 22:34:19 EST
From:	OmAtty

The availability of training varies state by state.  In Nebraska, training is more readily available from the parent center.
For those folks who want good information about their legal rights, you can try going to your public library and find out whether they have the Code of Federal Regulations.  If not, ask where the closest federal document depository library is.  Ask for 34 CFR part 300.  Those are the special ed regulations.  What may be most useful is the appendix C, which contains tons of information in question and answer form.  And it is federal law, so it is good support for your position.
email if you want more info.
Susan

Subj:  IEP valid state to state?
Date:	95-08-11 11:35:10 EST
From:	LUCASJANEL

Am a parent and moved from VA to AR(Arkansas).  Looks like I'm having to repeat last year's process after much victory in getting the IEP done and done well...seems unfair to the student to suffer another year while going thru all of this.  Son is in 1st grade and has ADHD, ODD, Learning Disabilities, and problems socially.  (A great kid, really!  Just a lot of challenges to overcome).
Town is small.  Information seems very limited.  Have serious question as to how a state can invalidate an IEP when the program is federally run.  Any info would be appreciated.  I'm going to meeting on 17th of this month and would like info for that meeting. 
Due to timeliness, would appreciate e-mail response.  I will check this board in next few days though just in case someone has responded.  I feel stuck in a small town.
Janel

Subj:  Re:IEP valid state to state?
Date:	95-08-11 23:34:40 EST
From:	SusanS29

"Have serious question as to how a state can invalidate an IEP when the program is federally run."
The law is federal, but each state administrates it, to a certain degree, as it sees fit. So a child can be eligible for special ed in one state but not the next. Or the child might meet the criteria for a certain kind of intervention-say, a special class-in one state but not the next.

Subj:
Equal Services?
Date:	95-08-12 19:41:05 EST
From:	JulieDale

Hoping this is the right spot to post this, here goes.  My just turned-5-year old has been in Special Day class since age 3, for speech and fine motor delay.  This summer we started private speech, and I am astounded at the difference.  They immediately diagnosed severe muscle weaknesses in his mouth and tongue, started strengthening them with exercises, along with an auditory processing delay.  He has made so much progress this summer.  The school lumped him in with other kids of varying disabilities and never even looked at anything like this.  This now makes me question them turning me down for occupational therapy, as his fine motor skills are still way behind.  Maybe I need to go private for that, too.
My question is, when the district says they are providing an "equal" service, what exactly does that mean?  Is the fact that they are providing an SLP, even if he/she is not investigating what my son really needs, "equal"? If we go to a fair hearing, would we have any leg to stand on, now that he is making so much progress in private speech?  I live in California, and I guess they are notoriously tight-fisted.  I've been told that in order to get occupational therapy, the problem must be directly affecting where the child is at, educationally, and at this stage, apparently, difficulty holding a crayon, cutting, etc. is not interfering.  When he's 6, if it still persists, then it will.  I don't want to wait till he's 6.  Is private the only way to go?  Any advice appreciated.  Thanks
Subj:    IEP
Date:	95-08-12 22:48:16 EST
From:	Lewcap

I've just gotten on-line and am having some trouble posting  messages; I'll probably be saying the same things many times.  
We're on the brink on staring due process after several years of lower level attempts to work with the district.  We're hired a lawyer, my husband is a trained child advocate, and I've worked with our local advocacy folks for several years.  Despite all of this -  and terrific support from  specialists - this is a horrid time for us.  I have many questions I'll be sending over the next days and  would appreciate hearing from anyone who has been "there."

Subj:	Re:Equal Services?
Date:	95-08-13 07:58:53 EST
From:	Ratatat

Julie,
I know this is a hard one:  a they should, could sort of thing. The real question to top things with is this:  What will meet my child's specific needs?  If you can afford private therapy, and it better meets your child's needs - go for it. In the meantime, you can work on the school providing your child the services that he needs.  I don't know what *equal access* means except that it is supposed to mean equal access to the education they provide, and in order for him to access it he has special needs that they must meet!
Subj:  Moved from
another folder
Date:	95-08-13 08:26:34 EST
From:	SusanS29

Subj:	Zero Tolerance                        95-08-11 22:04:52 EDT
From:	JBOaks
	Posted on: America Online

In my school district, special education administrators have told teaching and resource staff that the zero tolerance policy (immediate suspension and/or expulsion for having weapons on a school campus) does not apply to special education students.  Does anyone have any legal backup for or against this position?

Subj:  Moved from another folder
Date:	95-08-13 08:30:05 EST
From:	SusanS29

Subj:	Re:Zero Tolerance                     95-08-11 23:13:14 EDT
From:	Pfg785
	Posted on: America Online

This topic is addressed at length in the most recent issue of Education Week (8/2 ?).  The Stay Put ruling is in affect if the student's disability is linked to the violent behavior.  I can access the article once I am back to my office (Tuesday).

Subj:  Re:Equal Services?
Date:	95-08-13 12:34:03 EST
From:	OmAtty

It sounds like your private service provider may be able to help you here by giving you their evaluation and a proposed plan of intervention.  It is very appropriate for parents to bring outside evaluations and experts to MDT, IEP and placement meetings.  The school does not have the final say and must consider the information you bring.  They are not bound by it, but they must consider it.  Do all this and make any kind of record you can of the information and recommendations you provided and your requests to the school.  If you end up in due process, which you probably will, you will need all this evidence.   Yes, I believe they should look at the  private therapists work and provide it.  They are required under law to provide related services which are services your child needs to obtain and education.  If your child needs OT in order to learn to speak, he should have it.
Susan

Subj:  Re:Equal Services?
Date:	95-08-16 23:29:51 EST
From:	STSmall

I am just a parent, but have you seen a pediatric neurologist to rule out apraxia?  As this is a physical disability many insurances will pay for the evaluations to rule it out!  You can then use these private evaluations to negotiate for the services your child needs.  If you are concerned about OT services don't for get to have an evaluation done on Sensory Defensiveness and an SIPT - these eval.s sometimes can spot things the schools eval.s miss.

Subj:  Re:I.E.P.
Date:	95-08-26 23:02:21 EST
From:	TWhite2112

I have been there and am still there. My local school district has been resistant to my complaints. With the exception of one individual in administration the whole system appears to have no idea what's going on. I even had one situation which bordered on a civil rights violation , not much response from the school until I mentioned the U.S. Justice Department. That seemed to get them moving real fast. When there is a problem with the education of a special education student , the system should respond quickly and correct it , instead of making excuses.
Good luck!
Tmothy White 

Subj:  need legal advice
Date:	95-08-29 23:47:49 EST
From:	TooMutch

Hi to all. I live in Ventura, Ca. and have a17 yr. old daughter who has been denied rights since age 6.She finally had to be placed in res. facility in LA County and assessed as SED. The IEP team said she was grossly neglected and I needed to file a suit. I provided her with private special ed. through age12,but ran out of resources She then developed borderline personality disorder. became suicidal .raped several times, became bulimic, severely beaten and an attempt on her life she barely survived.  She was diagnosed at 5 by Drs. and specialist, but the school did everything to change her assessments so she did not meet state guidelines to qualify. I am very angry she had to go through all this pain because she was not given her rights. And it was not easy watching my child suffer and almost die repeatedly. Our family lost 3yrs. and my daughter her childhood. If anyone has any info. on precedence for me to move forward and how to begin this procedure I need to act as soon as I can. Please E-Mail me. Thank-You
Subj:  Re:need legal advice
Date:	95-08-31 15:54:33 EST
From:	ALauritzen

Someplace in California is the Protection and Advocacy Services for persons with disabilities. Basically they are a law firm that supports the rights of persons with disabilities. Contact your state dept. of Health and  contact the developmental disabilities Division, they can direct you to the P & A.
Anne

Subj:  Re:  IEP
Date:	95-08-31 17:31:06 EST
From:	E Graf1

Hi;
I am new to this forum but we live in San Jose CA and have had a situation that cropped up a year ago at my daughters IEP. To make a long story, short my Daughter's teacher basically lied on both  the IEP and to us concerning my daughters progress. What this teacher said was that my daughter exhibited psychotic behaviors which was proven to be incorrect by the school psychologist. Although, the paperwork was corrected and it took the district 6mos. to properly place my daughter.  I guess the question I have is, what can be done about unethical conduct the district is simply giving us the typical run around get you exhaust routine. Any suggestions please e-mail me at E Graf1@AOL.com.
Sincerely,
Ed
Graf

Subj:  Moved from another folder
Date:	95-08-31 20:17:25 EST
From:	SusanS29

Subj:	Use an experienced lawyer             95-08-26 08:04:01 EDT
From:	Mom424
	Posted on: America Online

Planing for a child with a disability must take into account numerous laws, rules and regulations which vary from state to state  The only way to approach planning for a family member with special needs is to consult with an attorney experienced in this field. The best way to locate a qualified attorney is to ask other parents for a recommendation.  Make sure you inquire as to whether the attorney is familiar with a Special Needs Trust-if not you need not inquire further. 
Subj:  Re:  IEP
Date:	95-08-31 21:14:01 EST
From:	SusanS29

Ed, I see a problem here. I have seen children exhibit behaviors that easily could be interpreted as "psychotic." If that is the observer's true interpretation, it's not a lie. The psychologist could then evaluate the child and find no psychosis. 
This by itself makes the teacher neither unethical nor a liar.
If your child was placed prior to psychological evaluation, *that* is the problem, not the teacher's opinion. Teachers just aren't always right (which is one reason why placement is supposed to be decided by a team).

Subj:  Re:
IEP
Date:	95-08-31 23:29:06 EST
From:	DYSPRAXIA

I hope you taped your meeting.  If not respond in writing to the minutes.  Next, if you feel that their was no misunderstanding and that this was not a judgment call (and other disclaimers) file a complaint with your State Department of Education and copy your local OCP (it may not be an OCR violation but by filing you protect your timeline).  At the time of your complaint supply the State with your evidence - it makes it easier for the investigator.  If the State/OCR disagrees with you can file a complaint against the teacher with your states Professional Practice commission or any other professional organization the teacher belongs to.
I wish you luck!

Subj:  Re:  IEP
Date:	95-09-01 11:24:22 EST
From:	E Graf1

Unfortunately, Susan the teacher failed to inform anyone of her observations or opinions just brought up during the IEP process.
As a parent I  would think, if a teacher had such a concerns she would  inform the school psychologist two doors down! I Don't use words such as unethical lightly.  
Subj:  Re:  IEP
Date:	95-09-01 18:45:30 EST
From:	SusanS29

I'm sure you don't use the word lightly, but it really is her responsibility to bring such issues up, and an IEP is one appropriate forum.
THEN... if you as the parent object, there are all sorts of ways to challenge the IEP. There are many situations where it would be unethical of the teacher to *not* mention behavior she found alarming.
And... that's what should be done. Somewhere in all the papers you've been given you'll find a step-by-step process for appealing an IEP. Once the IEP has been successfully challenged you can insist that any IEPs that contain proven erroneous information be destroyed.

Subj:  Legislative Watch
Date:	95-09-01 20:46:37 EST
From:	DMarmots

I thought you should be aware that at the state and federal levels, many of the laws that guide the delivery  of Special Education are being changed.  For example, they are looking at going to a flat funding formula.  For parents, this could mean that you may have reduced access to diagnostic and assessment services through the schools.  It also could be a way to reduce funding for children that need extensive programming.  This may have far reaching ramifications for schools that are caught between wanting to provide good and appropriate programs for children, but are not adequately funded.
As parents and voters you should watch and pressure as needed to protect the
rights and needs of your children.

Subj:  Re:  IEP
Date:	95-09-02 13:51:31 EST
From:	Valsudur

You should probably also get an independent evaluation for use in developing your IEP also.

Subj:	Re:  IEP
Date:	95-09-02 20:11:22 EST
From:	Loguek

Responding to many comments and frustrations from parents here, we are currently in due process with our school district regarding issues with our deaf 7-year old son.  One major point we have contended is the IEP was not legally correct.  If an IEP was drafted with goals so low or with goals he had already attained, it renders the document useless and the education he received based on that plan is not providing him with benefit.  An EXCELLENT, EXCELLENT book for parents is "Better IEP's", written by Barbara Bateman, Ph.D., J.D., University of Oregon.  She gives the background of the IEP, the description of the legally correct IEP, and discussion of the educationally useful IEP.  Also listed are excerpts from IDEA regulations, judicial decisions, and from federal agency rulings.  I highly recommend this book because as parents we as a group are not aware of the information needed to make an IEP useful and legally correct.  And through our experience in due process, our educators apparently do not know as well!  If you are interested in ordering this from the publisher (I am just a parent, I do not derive any income from this book), pls contact me thru AOL.  Good luck to everyone in their IEP's!!!

Subj:  insurance help!
Date:	95-09-03 01:34:06 EST
From:	GB4590

We're new to AOL and the Internet.  Our insurance company is suddenly denying coverage of services for our autistic son, whereas previously the same services had been covered (speech and OT). Bills have accumulated that we were certain would be paid, as they have been in the past.   Any ideas about where to start looking for help?   Thanks!  
Gordy's Mom

Subj:  Re:  IEP
Date:	95-09-03 10:00:40 EST
From:	SusanS29

Thanks so much for the name of the book!
It sounds as if you have a very strong case for protesting that IEP. I'm amazed you've had to go to due process on it; I would think a phone call to the teacher's supervisor would have done it... but good for you.
Let us know if due process doesn't get you satisfaction.

Subj:  ANNOUNCEMENT
FROM HOST
Date:	95-09-03 10:02:04 EST
From:	SusanS29

PLEASE... do not talk about IDEA legislation in *this* folder. We have a separate folder for that very important issue.
Thanks!
SusanS29-Host

Subj:  Re:insurance help!
Date:	95-09-06 23:54:55 EST
From:	DYSPRAXIA

There is something called a Deeming Waiver for getting Medicaid services for your child.  There is no financial requirement.  It used to be called the Katie Beckett Waiver.  In Ga. you contact the Adult Medicaid division to get the information and paperwork.  From what I have been told Autism is on the list of "disorders" that can be covered.  If you are approved it may even cover already incurred expenses.  
Our insurance company suggested we apply for a Deeming Waiver and offered to
help with the paperwork.

Subj:  Re: San Bernadino Decision
Date:	95-09-09 10:02:33 EST
From:	JWEST999

Can anyone shed some light as to where we could find information pertaining to a recent decision made in the San Bernadino, CA district which we believe pertains to an ADD child placement in a private school setting?  Thank you!

Subj:  Re:Parent vs. School in Court
Date:	95-09-09 10:27:09 EST
From:	JWEST999

Currently in court with expensive attorney & witnesses regarding inappropriate IEP, services, & instruction for ADD child in high school.  Son placed in private school delivering good results without the need for ritalin (public school encouraged ritalin).  To all parents in this type of turmoil...stay committed-talk to other parents a lot (great support & information you can trust), keep notes & records of phone calls, letters, everything.  Demand outside evaluations paid for by school, but have input as to who does evaluations.  Just signed up with Recording for the Blind & Dyslexic Princeton, NJ - they have my son's text books on tape.  Your schools could provide this service if you know to ask for it.  Any information about legal cases decided in favor of private school placement for ADD would be appreciated.  STAY STRONG!!

Subj:  Re:Harassment/Retaliation
Date:	95-09-09 10:40:03 EST
From:	VanStory

I am so thankful that other parents around the country are speaking up about the abuses that our families are being subjected to in the search of F.A.P.E.  for our children.  Our family has been physically, emotionally, and financially devastated by the abuse perpetrated by the School District of Philadelphia.  I have been harassed by administrators for two years but this time they have gone too far!  On June 22, 1995 I was invited to my son's elementary school for an I.E.P. review and then falsely arrested for "Defiant Trespass".  I can't take anymore of their abuse.  I had already pulled David from school two times for child abuse and neglect by the district and since this last outrageous act, I am prepared to keep my son, David truant until I see justice served. I have sent correspondence to NBC and ABC in New York to get this out to the public.  Please flood your local and national networks soon so that we can get the exposure we need to end this nightmare!
Monique  
P.S.  I would also like to hook up with parents in the Philadelphia area.  Also, can anyone give me more information on the Crawford case, Coder case, and successful education malpractice suits?   

Subj:  Re:Equal Services?
Date:	95-09-09 19:19:28 EST
From:	Valsudur

Unfortunately, some areas seem to get great specialized services while others get hardly any and/or make you fight like crazy for what you do get.
If the speech issue is considered very important to you, you can get an evaluation that states so, and a doctors recommendation that he get the type of speech therapy you desire and use that information to try and get those services reinstated.
Randy

Subj:	Re:insurance help!
Date:	95-09-09 19:28:55 EST
From:	Valsudur

Unfortunately, particularly in regards to HMO's, the laws have all been carefully drafted to avoid any conflict or challenges to insurance company policies, except for the more blatant aspects of ADA.
You may be able to challenge them in court if it is the same company, with the same policy and they provided those services to you in the past.  
Good luck, Randy

Subj:	Finally getting some help in Ca.
Date:	95-09-09 20:46:46 EST
From:	TooMutch

I am finally receiving spec. ed for my 17 yr. daughter after 11 yrs. of HELL.  They have to place her in a private school. The last year and 1/2 I finally received state aid for a Res. Facility and had to go to court every 6 months.
She is now back home and the judge has ordered the county to make sure the school district does NOT neglect her anymore and provide all legal services for me to file a suit against the school district. She has also qualified for victims of crime program of Ca. who will reimburse us for all exp. including over 900 hrs. of work my husband missed. The DA advised me last yr. to file a civil suit against the county to make things for children with these needs recognized. Fortunately I am a friend of someone he knows and after looking into the system he was appalled that children had to go through what my daughter did to get help. And nothing was even available. Within 2 months a program was started for about 300 elementary age children who had not qualified and the news reported it was to prevent these kids from having to be placed in a res. facility in their teens. Which cost around $6,000. a mnth. in S. Ca. .WE still have a long road ahead, but this may open a lot of doors in this county. Maybe WE can make a difference for all in Ca. I will keep you posted of our progress. 
Subj:  Special Ed Mediation/Due Process
Date:	95-09-13 21:11:41 EST
From:	Betty420

Does anyone have any information regarding Due Process and Fair Hearing regarding Special Ed in Connecticut?  My Son is 19 yrs old, has been in Spec Ed since 1st Grade as ADD/LD with Social/Emotional problems.  He just completed his 12 grade of school, and after two years of requests, we received an accounting of his Grade Level of achievement just two weeks before the PPT that the School board called his "Exit PPT".  We did not agree with the Graduation criteria, as our son had between a 6-8th grade level of education with an IQ that indicates that he can achieve up to a 12 grade level.  We have gone through two rounds of mediation with our School Board and the State Mediator.  We currently have a lawyer advising us, but we are anxious for any information about cases in the North Haven CT or CT area that have been heard.
Any suggestions or information would be appreciated.  
Please send response to my mailbox (BETTY420)  THANKS!

Subj:  Re:insurance help!
Date:	95-09-13 21:35:05 EST
From:	RAYASH

first of all, you need to build a case why the services are needed. can you get supporting letters from your physicians? the insurance company must cover services, if they were providing services , before a declination letter is sent out to you. you should appeal these declination of services in writing to your insurance company. a lot of it does depend on your plan and how it works. I am in the insurance business. if you need specific help, let me know more about your plan and coverages.  dave h.

Subj:  Graduation criteria
Date:	95-09-14 11:47:45 EST
From:	Ratatat

Can you contact the Connecticut Learning Disabilities Association?  CT has
one of the best in the East Coast, and I bet you they could help.

Subj:  504
plan
Date:	95-09-15 14:39:02 EST
From:	KTheo

A second grade student,  new  to our school system, has moved from another town and currently has a 504 plan which calls for a specific type of therapy that we are not able to provide in our town.  The TEAM is in the process of evaluating this student as we believe he meets our state's (MA) eligibility criteria for SPED.  Are we required to follow the exact same plan that the other town formulated for this student?  Any help would be appreciated.
Thank you.

Subj:  Re:504 plan
Date:	95-09-16 05:53:16 EST
From:	Ratatat

<< Are we required to follow the exact same plan that the other town
formulated for this student?>>
I assume this student is moving within the same state???  The answer to your question lies in your state's rules for intra-district transfers.  However, 504 is a federal civil rights law - so be careful that you provide this child with accommodations, or you will be in violation of his civil rights.
Contact your state dept of education and find out what their rules are.  They
must minimally meet the federal criteria - 

Subj:  Re:504 plan
Date:	95-09-16 09:46:23 EST
From:	SusanS29

If he's eligible for special ed then what you're required to give him is the best service for *him* -- which might be the 504 or might be a new IEP.
What you have to do while you're deciding is to assume he's eligible for help, and provide help until a final disposition is made.
What kind of help is it that's "not available?" It depends on what it is.
Some districts have tried to duck providing support services for LD in every
school.... but they can't. On the other hand, other interventions are
optional. It really does depend on what the intervention is.

Subj:  FAIR
HEARING
Date:	95-09-16 18:04:43 EST
From:	KFRUTH

I need advice in facing a fair hearing case with a spec. ed. student. 

Subj:
Re:	504
Date:	95-09-16 19:41:28 EST
From:	KTheo

Thanks for your responses.  We do assume that he will benefit from intervention and are proposing a more coordinated collaborative approach including a social skills/pragmatics group with the school psychologist, resource room support in the classroom and occupational therapy to work on his fine motor skills as he is only able to approximate letter formations.  The 504 plan he came with calls for a type of therapy called "sensory integration" which we feel is only one small part of what this student would benefit from.  In addition, it is a pull-out model of intervention and, to our school, goes against "least restrictive environment" policy.  In addition, we do not have the specialized equipment that this type of therapy requires.  We also have philosophical disagreements with this type of treatment and its educational relevance based on published research findings in educational journals.
Any other comments?

Subj:  Re: 504
Date:	95-09-17 00:49:22 EST
From:	SusanS29

I believe you can refuse to provide sensory integration as the research on it is less than conclusive. However, you are on very shaky ground when you refuse to ever pull students out, as such a one-view approach violates the "least restrictive environment" policy-which means the child is entitled to the *most effective intervention,* not to never be absent from class.
However, sensory integration is gaining in popularity even if it hasn't been "nailed down" in the research, and I would suggest you have the evidence in hand justifying your rejection of this approach.

Subj:  IFSP (Indv. Family Service Plan)
Date:	95-09-17 23:46:14 EST
From:	IlsaS

Does anyone have experience with this?  Have you seen it used?  When is it
required, if at all?  What should it contain?  What is the difference between
the IFSP and the IEP?  The they both done at the same time?

Subj:  Re:IFSP
(Indv. Family Service Pl
Date:	95-09-21 23:34:02 EST
From:	Valsudur

In California, the IFSP is done by the state regional Center.  Every 6 months until three, then every year.  The forms themselves are not as formal as school IEPs (in what I've seen anyway).  
The IFSP contains essentially the same information that an IEP does, but an IEP is more specific for services that are to be provided and legally binds the school to provide them.  An IEP should reflect goals more realistically.
In our experience, an IFSP has helped to identify early intervention services, but I don't ever recall that it has legally bound the regional center to provide them.  
The IEP should be your main document to work on, and then reflect the IEP in
the IFSP as much as you can is my advice.  If somebody knows the process
better and how the IFSP can be used to get more in the way of services, I'd
be very interested.

Subj:  Another Insurance Question
Date:	95-09-22 03:41:30 EST
From:	JaneB1959

My daughter is 5 1/2.  She has congenital heart disease and developmental delays, especially in the areas of expressive language,  fine motor skill, sensory integration/sensormotor planning.  What the school system offered at the early intervention and preschool stages was awful (of course, I live in CA).  For the past three years our private health insurance has covered private speech and OT services.  This has not been without a fight, however:
Phone calls, letters, appeals, evaluations, needless trips to the Neurologist for further evaluations, throw in a couple of CAT scans and an MRI...  Anyway, they now have decided to completely cut us off because it is "now the public school system's responsibility" because she is of "school age" ie kindergarten.   Well, the school system is not much better for kindergarten than it was for pre-school and the private therapy is a lot better.  What I'd like to know, is whether they have a legal basis for denying coverage simply because she is now in school?  It would seem to me that a health benefit should not be dependent on whether or not someone else is providing the services or obliged to provide the services.  It seems similar to a situation in which you have two policies covering the same individual.  This is not an HMO.  Should we contact an attorney or would it be wasted time and money?

Subj:	Re:Another Insurance Question
Date:	95-09-22 06:09:36 EST
From:	Ratatat

<<Should we contact an attorney or would it be wasted time and money?>>
A consult with an attorney is NOT a commitment, but an investigation to see
if you need to pursue things further.  I believe that you might have some
back up from the Americans With Disabilities Act.  Also, since your daughter
was already receiving coverage and her needs have not changed, I think that
you can argue from this point too.  To assume the schools should pick up
where specialized therapists left off is absurd.

Subj:  Re:Another Insurance
Question
Date:	95-09-22 17:43:48 EST
From:	RAYASH

I would write a letter of appeal to your insurance company.  most insurance
companies will not provide services that are maintenance in nature.
after a period of time, they may cut you off stating that services are no
longer indicated. I have never heard of a company cutting off services just
because your child is now in school. that could probably be challenged. your
school is not required to provide therapy services per se, only to the degree
that your child is negatively impacted upon educationally, by not having
these services.

Subj:  Re:Another Insurance Question
Date:	95-09-24 00:12:05 EST
From:	Valsudur

It never hurts to check with an attorney.  But unless letters of appeal can move the insurance company at all, I doubt there is much that can be done.  You are lucky in getting private OT/PT since insurance companies not only disallow for long term therapies, but insist that it is the responsibility of CCS to provide those coverages and the State Regional Center.
Laws have been carefully drafted so as not to challenge the HMO structure.  ADA will only apply if you can show that they are providing the same services for some individuals and not others.

Subj:	Re:IFSP 
Date:	95-09-26 10:13:23 EST
From:	Centable

The IFSP is for infants and toddlers aged birth through three years old who have a disability.  The IEP is the plan written to provide Special Education Services for students aged 3-21, as they are the responsibility of the School District.  In some states, the same state agency is responsible for both age groups, in other states, different agencies are.  To find out the regulations for your state, contact your state's PTI (Parent Training and Information Center) or State Board of Education. 

Subj:  Re:ANNOUNCEMENT FROM HOST
Date:	95-09-26 11:23:18 EST
From:	Schmitzer1

Dear Susan:
I am new to  online services and am extremely interested in utilizing them to the best of my advantage.  I am a third year law student and hope to do some research in this area.  I am especially interested in IDEA and its importance in a civil rights context.  Where do I find the other "folder" you referred to?  Please respond.  Thanks.  
Subj:  Re:ANNOUNCEMENT FROM HOST
Date:	95-09-26 23:08:14 EST
From:	SusanS29

Schmitzer the folder is called "legislative Actions."

Subj:  Re:ANNOUNCEMENT
FROM HOST
Date:	95-09-27 00:50:11 EST
From:	Schmitzer1

Thanks for your help.  I'll check it out.

Subj:  Re:ANNOUNCEMENT FROM HOST
Date:	95-09-27 08:04:01 EST
From:	SPECEDPAR
To:	Schmitzer, 

where do you live? My name is Widget and is real involved in 	the reauthorization to IDEA.  I'm working with an lawyer in Washington and would love to fax some information to you, it's about 20 pages.  Parents and children are in trouble with the reauthorization it will remove Parents and children's civil rights.  We have a group called the Concerned Parents of the 6th Dist of Ga (Newt Gingrich)  You can help plus parents need more individuals interested in education law.  It's sad to say that we need a lawyer to receive and education.  I would love to connect you with the best education lawyer in Ga.  He has just got the information on reauthorization IDEA and is going to help! I'll check back today to see if you have responded. 

Subj:  Re:Equal Services?
Date:	95-09-27 10:42:47 EST
From:	DYSPRAXIA

One problem with speech services is that the Office of Civil Rights consider any speech therapist who meets the minimun state personnel standards to be "legal" to provide any type of speech pathology services.  And if there is an IEP enforce, even if the parents did not agree then as long as the School System is providing the services called for they are not in violation.
Sorry

Subj:  Re: 504
Date:	95-09-27 10:50:38 EST
From:	DYSPRAXIA

There have been several rulings on this - Yes you have to provide it. However, you do not have to provide it at school.  Maybe, you can work something out with the parents - where they privately transport the child to a private SIOT in the area.  This has been done at least two other MA schools I know of.  There is no substitute for Sensory Integration if a child needs it.  And if it works - Hallelujah. 

Subj:  Re:  IEP
Date:	95-09-28 00:45:14 EST
From:	E Graf1

Hi;
I don't know exactly what problems your having with your district, but we seem to be headed in the same direction. Please feel free to E-mail us. We really don't know much about advocacy groups, because we have been given the brush off just to many times by the district.
sincerely,
E.
Vaza-Kaczynski

Subj:	Re:Legislative Watch
Date:	95-10-08 10:46:00 EST
From:	MAC1407woo

Is it possible to find a copy of the sp. ed. law, IDEA on AOL

Subj:  IDEA
Date:	95-10-08 11:05:11 EST
From:	MAC1407woo

Where can I find a copy of IDEA on AOL?

Subj:  Re:IDEA
Date:	95-10-08 12:41:20 EST
From:	ALauritzen

If you gopher into the department of education (US), you can find the office of special edu. (osers) there is a section by section analysis of idea and proposed amendments. It is longggggg.  If nothing else call your congressional representatives and have them get you a copy. Anne

Subj:  Due
Process Hearing Officed
Date:	95-10-10 21:07:29 EST
From:	TONY912E

I need information on any evaluation procedures for hearing officers.

Subj:
Re:	IEP Help
Date:	95-10-12 15:13:17 EST
From:	Mimi126

I need to know  what happens when 5 parents in different IEP meeting are promised a program of 1 teacher, 3 aides, and a speech therapist 2 1/2 hrs daily  as close to Lovaas as possible, and when we went for orientation, they told us only 1 aide and  1 1/2 hrs therapy. They are trying to make it an IEP issue stating that the IEP only states 5x week. We say since this is an autistic class only, this is a programming issue and they should follow through.  We have a lawyer who says we can get them on the IEP issue since they never put a time on this but I want them to know we're not playing games.   \ Any ideas? Help.\ e-mail  me @ MIMI126

Subj:  Re:IDEA
Date:	95-10-12 20:03:01 EST
From:	DCiccar121

public law 101-476 clearly defines the rights of children with disabilities
and the rights of their parents.

Subj:  Re: IEP Help
Date:	95-10-12 21:16:05 EST
From:	SusanS29

The problem is that the IEP wasn't specific enough about the time. However, since there's FIVE of you all told the same thing, why not file a grievance with the Office of Civil Rights? Since you were all told this (and of course didn't know all the details of writing IEPS and didn't realize they should have specified minutes per week)... you'll have a lot of credibility.
The issue isn't how the program is run but what you were all promised, because backing out of that promise amounts to a one-sided change in the children's IEPs. And the OCR won't like that.
OCR is a whole lot cheaper than a lawyer.

Subj:  Re: IEP Help
Date:	95-10-14 07:17:59 EST
From:	Mimi126

Susan,
thanks for the info. I will call them ASAP. However, we do have a lawyer from the NJ Protection and Advocacy Center. I need the phone for the OCR. Do you have it or is it a 1800 number?  
MIMI

Subj:  Re: IEP Help
Date:	95-10-14 19:30:09 EST
From:	SusanS29

They have offices across the country. I don't know which office you would
have to call. Sorry.

Subj:  Re: IEP Help
Date:	95-10-15 07:17:53 EST
From:	Mimi126

Susan,
I called info in my area ( South Jersey) but there is no listing or no 800 listing. Are they a branch of ACLU? If not maybe they are in Phila or S.  Jersey.  If you have any number I could call and ask for a location near me.
Thanks e-mail me @ MIMI126

Subj:	Re: IEP Help
Date:	95-10-15 09:37:41 EST
From:	SusanS29

"Are they a branch of ACLU? "
No. Office of Civil Rights is a branch of the federal government-but now that we think about it I bet the ACLU could give you the phone number! I'm sorry-as I said I don't have any phone numbers here. That stuff is all at my office, but I access AOL from home.

Subj:  Office of Civil Rights
Date:	95-10-17 19:44:30 EST
From:	COOKIEM2U

Just found the number someone was looking for:
Office of Civil Rights
US Dept of Education, OCR
330 C Street, S.W. Suite 5000
Washington D.C.  20202-1100
202/205-5413
This office can give you the number for the regional office servicing your area.
Hope this helps.
I have a book from the National Center for Learning Disabilities that has various phone numbers listed.  If you need a number let me know and I'll try to find it for you.

Subj:	Re:insurance help!
Date:	95-10-17 23:28:52 EST
From:	Russda

GB4590,
On what basis are they denying your son?  I have some cases already fought and won, I may be able to help.
Russda@aol.com

Subj:  Rights of the RSP Teacher
Date:	95-10-19 21:40:55 EST
From:	MERYLALICE

Does the principal of a school have the right to tell the RSP teacher what methodology to use to achieve goals and objectives.  Can she insist that a certain program be used even though the teacher had addressed the objective in other ways.  Please e-mail ASAP  

Subj:  Re:Office of Civil Rights
Date:	95-10-22 19:03:09 EST
From:	Mimi126

COOKIE
Thanks so much for this info. It's nice that you took the time to find it. I really think that this will help my son.  
Mimi

Subj:  Getting Help
Date:	95-10-24 20:36:08 EST
From:	RGrey427        

Hi!  I'm interested for resourced concerning a teacher's legal/prof. limits in getting/forcing/coercing a parent to begin therapy/treatment when :  a child has a history of behavioral problems in school and at home;  therapy etc. is recc. by a psych; and student is placed in  a special education setting with little success.  
What can the teacher do when the parent will not cooperate?  Advice, info. is
appreciated!

Subj:  Re:Getting Help
Date:	95-10-24 22:31:58 EST
From:	COOKIEM2U       

Why doesn't the special education setting work?

Subj:  Smoking and ADHD
Date:	95-10-31 23:56:51 EST
From:	JTRANDALL       

I have lost where I placed my message (if I did it right) and have repeated it below.
Does anyone have information if smoking has been connected with low self esteem and somehow related to being caused by ADHD.  I ask this as my son smokes against our wishes (17 year old) and has been given in-school suspension (11 times last year).  The school says it is not related to his disability (ADHD) and therefore not subject to the 10 day suspension rule.  They further say that the in-school suspension does not count toward the 10 rule.  At the in-school suspension there is no bus transportation, they have to sit and no talking form 8 a.m. until 2 p.m. with 1/2 hour lunch in classroom, one bathroom break in the a.m. and one in the afternoon.  The teacher that supervises the in-school suspension gets work from all of the teachers and will help if asked but the IEP is not followed otherwise. The school suggested my son drop out of high school during his junior year (last year) and go to adult education which he has done this year and is doing ok.  My son has given up after getting kicked off the wrestling team for poor grades and fighting with his teachers over forgetting his books and pencils.  

Subj:  Re:Smoking and ADHD
Date:	95-11-01 00:56:49 EST
From:	SusanS29        

"Does anyone have information if smoking has been connected with low self esteem and somehow related to being caused by ADHD."
It's related to impulsiveness, which is *clearly* related to ADHD. Forget self-esteem and focus on impulsivity.
"They further say that the in-school suspension does not count toward the 10 rule."
Have them fly that one by the Office of Civil Rights staff-and watch it go down in flames. They are absolutely wrong about that also. so far they're 0 for 2.
"The teacher that supervises the in-school suspension gets work from all of the teachers and will help if asked but the IEP is not followed otherwise."
NOTHING suspends an IEP except a new IEP.
NOTHING.
0 for 3.
It may be time for you to go to the Office of Civil Rights and bump this
school into the latter half of the 20th century.

Subj:  ADA
Date:	95-11-01 19:37:36 EST
From:	TeacherLys      

What are the ramifications of a school system not making a building accessible when their have been and will continue to be children who use wheelchairs?  Are their ways to discretely report the situations to proper authorities?  As an employee of the school, what are MY legal rights to having the entire building be of use to ALL of my students at all times?  If you have the answers to any of these questions, PLEASE post  a message or E-mail me as soon as possible!!!!!

Subj:  Re:ADA
Date:	95-11-02 08:47:34 EST
From:	SusanS29        

"What are the ramifications of a school system not making a building accessible when their have been and will continue to be children who use wheelchairs?"
They risk lawsuits or even loss of federal fund. It's not smart financially.
The best way to handle it is for a parent to file a complaint.

Subj:  Filing
Complaints
Date:	95-11-02 21:50:05 EST
From:	JTRANDALL       

I usually hear about complaints being filed with the Department of Education OCR and never with the various state departments of education.  Isn't OCR complaints for Section 504 and with the state for IDEA  state appeals to the Department of Education OERS (not sure about acronym)?
If IDEA is broader that 504 while don't more people file with their state.

Subj:	504 & Non Labeled Student
Date:	95-11-08 20:23:47 EST
From:	LaurieL507      

I would greatly appreciate any opinions on something I am considering. My son(2nd of 3) was a B student until this year, when he began 6th grade, which is a Middle School. (7 teachers) He is struggling with organization and is barely passing and even flunking some subjects. Up until this year he was an80 to 90 student, without to much struggle.  I had him tested by the school in third grade and they felt he wasn't LD.(It turned out the teacher he had was effecting him emotionally, she was a screamer.) I didn't disagree with them at that time, as I would prefer not to label him given the problems with assuring he is Included etc. I do feel he may have a Language Based Learning problem and intend to have him tested by a team consisting of a Speech Therapist and a Psychologist, outside of the school who only provides less than competent Psychologists. I am aware of IEP's and Hearings as my oldest son is 16 and I have been advocating loudly for many years, with a great deal of success. I hesitate to have my second son labeled as I don't feel he needs that level of intervention but it's obvious after a meeting I had with his team of teachers yesterday, they won't be able to provide the more individual help he needs. One teacher verbally attacked me and I broke down and cried, which is far from my usual style. I just felt overwhelmed and not ready for another battle with less than perfect results. The classes are in the area of28 to 30 students and a large part of the teaching style is looking up words and memorizing them, which he doesn't do well with. These are the steps I have taken so far. First I called the Superintendent, who put me in touch with the Principal. I asked for a hearing under Section 504 in about 3 weeks to evaluate if the steps we put into place have worked. (The Social Worker is meeting with him 1 a day) 2. I called an attorney experienced in Ed Law, but she hasn't called me back yet. ) 3. The other teachers, that weren't screaming, gave me tons of papers and books to help him study but I almost feel as though I will have to teach the curriculum on top of working with my other 2 children and a full time job. 4. I found a wonderful private school, which promises to only have 15 or less students in the class and to allow students to work at their own pace. tuition is $5962 a year and the District pays $9868 a year per student, even though they are rated 47 out of 60schools evaluated in the area. Given this info, I am hoping to ask the school to pay the tuition (we aren't eligible for assistance we're rich middle class ha, ha) under the 504. I understand this can be a means to get assistance for Non labeled students. Am I correct in this? Any information would be greatly appreciated. I live in New York State. Feel free to e-mail me directly atLaurieL507.AOL.com
Subj:  Re:504 & Non Labeled Student
Date:	95-11-12 22:57:48 EST
From:	Ratatat         

<< Given this info, I am hoping to ask the school to pay the tuition (we aren't eligible for assistance we're rich middle class ha, ha) under the 504.  I understand this can be a means to get assistance for Non labeled students.
Am I correct in this? Any information would be greatly appreciated. I live in
New York State. Feel free to e-mail me directly at LaurieL507.AOL.com>>
First, understand that 504 is a civil rights law that protects your child from discrimination by the school if you child has disabilities that substantially effect a major life function (school).  Under 504 the school is obligated to provide your child with accommodations that will allow him to learn.  The school must adapt to him, not the other way around.  The accommodations must be reasonable - which I am sure they would be...but under 504, can include auxiliary aides and even special ed.  But, you first have to establish that your child has a disability, which you will be able to do after the multi-disciplinary team evaluation he will be having.
Before you could be in a situation where the school would be forced to pay a portion of the private schools tuition, you would have to prove that the school can NOT accommodate your child, and the other setting can.  It has been done, but not without a fight - so it needs to be pretty clear cut.  
I am so sorry that you had teachers speak to you that way.  That is uncalled for and not productive - and dumb.  The teachers, also, should not depend on you to remediate your own child at home - though, if that is what it take, I am sure you will probably do it.
I think once you have the results from the evaluation you will have a more
clear cut view of which direction you need to go.

Subj:  Re:Newt Shoes
Date:	95-11-13 03:42:15 EST
From:	BLiving769      

To all advocates for people with disabilities and their families.  If Newt Gingrich and the U.S. Congress could WEAR OUR SHOES for a day, they would not be balancing the budget at the expense of children, disabled and elderly.  If U.S. Congress passes the proposed IDEA bill, all student and parent safeguards will be destroyed and there will be NO guarantee that our children with disabilities will receive a free appropriate public education.  SEND: An old pair of shoes to Newt Gingrich and the U.S. Congress. Mail to "U. S. House of Representatives, Washington, D.C. 20515.  Try to have shoes in Washington by November 30, 1995.  Tell them that you oppose these cuts in the budget.
If anyone has any questions, you can e-mail me, BLiving769 or fax me at 601-895-9420.  You can also contact Concerned Parents of the 6th District of Georgia, phone 404-993-4999 or fax 404-640-0344.  We as parents need to flood Washington with old shoes, please help get the word out.
Thanks.
Betty 

Subj:  Re:Newt Shoes
Date:	95-11-14 01:01:26 EST
From:	Emu95           

Money does not ensure a FAPE....A school cannot deny a student services federally mandated by IDEA and/or Section 504 because of financial problems.
Money is just another excuse used to deny services to parents that are
unknowledgeable.  If the IEP does not provide an "APPROPRIATE" program...DO
NOT SIGN IT.

Subj:  Legislation
Date:	95-11-14 22:08:02 EST
From:	Valsudur        

There is a Web site that will allow you to contact your representatives Online, but I don't have the address handy.  It's called Justice for All.  
However, you can Email the president expressing your views on the Medicaid
package by writing to:  President@Whitehouse.gov

Subj:	Re:Newt Shoes
Date:	95-11-20 23:33:25 EST
From:	Mytdks          

I fully agree.  In all this bureaucratic system, these children get lost.
Parents need to empower themselves for their love ones.