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Post by dihicks6 on Jan 7, 2010 7:39:16 GMT -5
Also, is there anything political going on? Like quota's, bad relationship with home school, etc.? This seems really strange. I would also check into the funds they receive. If they receive federal/state money, Section 504 would apply. I would also request that they send you the policy that supports this refusal.
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Post by michellea on Jan 7, 2010 8:58:03 GMT -5
I'm familiar with the both the district and the school - I doubt if it is a political issue. Yes, section 504 applies. The school is an approved Chapter 766 special ed school and must meet the requirements of the state. The school does have the right to grant or deny admittance based on their admission criteria. I am sure that the school would love to get the guaranteed $37,000 tuition from the LEA. But, it sounds like they have enough integrity to say no to this $$ because they don't think they can be successful in helping this student.
Again, there are a number of alternative options in the Boston area. LMB center in Arlington, Landmark in Beverly, Commonwealth Learning Center in Sudbury or Needham. I'd like to hear that these alternatives (and possibly others that I'm not aware of) are being explored.
There are no quotas. There are a fixed number of students by grade. There is specific admission criteria. I know of one student that was denied a place initially, but a year later, when another child left, he got the opening. This was an extremely bright child, with low processing, and very low reading skills. Once the grouping of other slow processors with very low reading skills opened up, he fit. But, it took over a year.
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Post by momfromma on Jan 7, 2010 9:12:35 GMT -5
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Post by sld123 on Jan 7, 2010 9:18:04 GMT -5
the sea has the ultimate responsibility for providiing fape so they should be actively involved
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Post by michellea on Jan 7, 2010 9:19:44 GMT -5
What is the sea? The district? If so, I agree. Part of their involvement should be identifying the options and that is what has been missing from the conversation so far.
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Post by sld123 on Jan 7, 2010 9:49:49 GMT -5
state educational agency
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Post by dihicks6 on Jan 7, 2010 10:12:33 GMT -5
Has anyone asked the district what is the continuum of services? It's ultimately the district's responsibility to provide FAPE.
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Post by sld123 on Jan 7, 2010 10:19:31 GMT -5
DOE’s responsibilities pursuant to the IDEA.
A principle reflected within the IDEA and its predecessor statute (the Education for All Handicapped Children Act or EHA) is that no student with a disability may be denied the opportunity for an appropriate education. This principle has been strongly articulated by the First Circuit Court of Appeals: “Congressional intention is unequivocal: Public education is to be provided to all handicapped children, unconditionally and without exception.”19 Similarly, the United States Supreme Court has stated that “Congress . . . required participating States to educate all disabled children”.20
It is apparent that this principle applies regardless of the type or severity of a student’s disability, and regardless of where the student resides. Even within places where it has historically been difficult to serve special education students (such as psychiatric institutions) the IDEA mandate remains the same – no child may be allowed to fall through the cracks and be left without appropriate special education services.21
The IDEA places ultimate responsibility upon each state education agency (SEA) to ensure that this occurs. In the words of the First Circuit Court of Appeals,
The IDEA requires states, as a condition of accepting federal financial assistance, to ensure a “free appropriate public education” to all children with disabilities. 20 U.S.C. §§ 1400(c), 1412(1).22
Even though an SEA may not be the primary entity providing special education and related services directly to students, the IDEA squarely places the ultimate responsibility upon the SEA, with the result that the SEA may be held responsible for any failure to assure that all eligible students are provided FAPE.
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Post by dihicks6 on Jan 7, 2010 10:52:56 GMT -5
Yes, that is correct, however I've not seen many sanctions placed on the state ed agencies. It's worth a phone call though.
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Post by sld123 on Jan 7, 2010 11:07:39 GMT -5
the fed courts pressure the sea to settle
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Post by jisp on Jan 7, 2010 16:00:12 GMT -5
The state can be helpful but I suspect they won't want to get involved until all potential programs have been looked at. My son was attending a 766 school when they decided that they could not meet his needs and basically threw us out. He was then denied admission to all appropriate 766 schools in the area. I was at wits end. My son wanted to attend high school and yet we could not find a high school that was willing to take him. Fortunately I called the DOE and spoke to our district's hearing officer. I was not complaining about our district. The out of district coordinator for our school system was wonderful and doing her best to help us find a placement for our son. I just wanted to know if they had any ideas or suggestions about what to do. And they did. The day after I called them our district's OOD coordinator called me and told me that the school our son wanted to attend was willing to have our son there for a 45 day evaluative placement to see what his needs were. One week later our son started school. And he ended up staying at the school and graduating from successfully from there.
You can visit the MA DOE web pages and find the name of the hearing officer for your district and give him/her a call. They might have some thoughts or ideas. They might even call your school district and give them some suggestions about how to move forward.
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Post by halogirl on Feb 25, 2010 14:13:51 GMT -5
I would like to thank everyone that responded to this thread. It was a great sounding board for my frustration and great tool to get information to assist in my endless struggle to get my son the education he needs. Although, I may have not agreed with every thread or wanted to listen to the constructive criticism that was warranted it was all very helpful and appreciated. After 3 denials, endless emails and one very successful meeting with my son in person. Carroll agreed he was just the student they could educate. We did agree retaining him would be a better grouping and after a wonderful shadow experience all parties agree. He will start in July for their summer program and then again in September. It goes to show with a little help from your friends aka (millersmom support group) and persistence anything is possible! Thank you again!
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Post by Mayleng on Feb 25, 2010 14:32:36 GMT -5
That's wonderful, congrats.
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Post by dihicks6 on Feb 25, 2010 14:41:43 GMT -5
I'm so glad you were able to work it out with the school! Persistence pays off!!! Keep us posted on how he does. Great job, Mom!!!
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Post by michellea on Feb 25, 2010 15:43:01 GMT -5
Halogirl - this is wonderful news!!!! It sounds like you came up with a solution that will work well for him. BTW - the summer school is amazing there! And, he will become comfortable with the routines and more confident when he starts in August.
I'll keep your story in mind, as we will most likely be applying to the school that rejected my son in 3rd grade when his current school ends. Believe me, I am already worried and HS is still a year and a half away.
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Post by healthy11 on Feb 25, 2010 18:16:09 GMT -5
I'm glad you've come back with good news to share! Although I'm sure you're still busy, please do continue to post, and don't hesitate to offer encouragement to other newer posters, who can benefit from your experiences.
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Post by sld123 on Feb 26, 2010 8:08:05 GMT -5
great!
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