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Post by sld123 on Nov 21, 2009 12:37:12 GMT -5
In Andrew Ordway v. Goleta Union Elementary School District et al. 31 IDELR 231, 31 LRP 5983 (1999) the school violated the IDEA by failing to conduct an assessment before changing a placement and failing to develop a behavior plan. The hearing officer found that the student probably would not have been placed in a long-term juvenile detention if the behavior plan would have been implemented. The parents then sued the Director of Special Education for monetary damages under section 1983
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Post by jdeekdee on Nov 21, 2009 12:54:09 GMT -5
''The hearing officer found that the student probably would not have been placed in a long-term juvenile detention if the behavior plan would have been implemented. ''
This is probably the case for most all kids in juvenile detention and other places like behaivoral schools, dropping out, jail, etc.
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Post by timfromkeene on Dec 5, 2009 12:17:54 GMT -5
I wonder if the decision (Andrew Ordway v. Goleta Union Elementary School District et al. 31 IDELR 231, 31 LRP 5983 (1999)) would apply to my son's case as he was arrested for calling a girl a slut in the hallways. He was supposed to have an escort with him in the halls between classes according to his BIP. If the escort had been there the situation may never have occued. The school had never implemented his BIP and he was left to wonder the halls all the time. He is now facing class A misdemeanor charges which he could go to jail for 120 days according to the statues here in NH
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Post by healthy11 on Dec 5, 2009 12:55:26 GMT -5
I'm not a legal expert, but to me, failure to have an escort as required per his BIP would definitely put some of the responsibility back on the school. Unfortunately, words could still have been spoken by your son to anyone at anytime, but maybe with an aide, the girl would have been less likely to press charges, or at least there would have been an adult witness to whatever precipitated the incident.
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Post by sld123 on Dec 5, 2009 15:56:30 GMT -5
has the aclu turned you down?
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Post by timfromkeene on Dec 5, 2009 19:12:33 GMT -5
I have not contacted the aclu yet I did call the local civil rights bureau and they said they doubted that his rights had been violated but the longer I digest this case the more becomes apparent. The girl did not press charges the School Resource Officer did and I am sure at the urging of the school they have been trying to throw him out for a long time. He was suspended on September 28th pending the outcome of a Risk Assessmrt supposidly over this incident. They were not giving him tutoring and I filed a state complaint then they filed for mediation. He is not getting his ten hours of tutoring now and I doubt he will. His IEP is a piece of paper and not a good one. They are willing to pay for residentioal placement but have only set up two tours and one is the final step before state hospitalization. He is in need of specific reading help and after two years he is getting it but only because I filed a complaint and they knew they were wrong. Please read the whole post from the begining to understand what has what happened so far. They held a manifestation meeting after this incident but refused to acknowledge the BIP not being implemented and continued his suspension. Because they filed for mediation we are in limbo. The other thing is they never did a FBA after the incident or the one before this incident. My sons has had to apply for a court appointed attorney and they charge for those and he is going to trial over this incident. THe BIP was over this girl to begin with so the aide should have kept him away from her. Right?
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Post by dihicks6 on Dec 5, 2009 19:27:19 GMT -5
"They are willing to pay for residentioal placement "
Based on what professional evaluation?
Did you consult with any sped attorneys?
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Post by timfromkeene on Dec 5, 2009 19:34:50 GMT -5
I think it would be best for him to get the heck out of there and not be bused an hour each way we live in a rural area. I have contacted some early on one I butted heads with but I did not know that the IEP I thought was in place was not in place and I argued with her. So she dropped me like a hot potato. The next one had never been to Due Process never mind mediation. The Risk assessment was done by some doctor that is a hired gun to get rid of kids he said my son posed a risk for violence....verbal violence. I will agree he has issues but while he is on straterra he is great. I have talked to others and they say that Due process is not a shoe in and could cost me tens of thousands and I do not have it t promise if they lose. I have been handling my self so far but I am not sure how good a job I am doing. The local free disability rights center is only taking emergency cases right now...sex/physical abuse. So the only help out there is expensive or not experienced.
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Post by dihicks6 on Dec 6, 2009 8:12:55 GMT -5
What basis did they use for agreeing to residential placement? If it was an evaluation they did, disagree and request an IEE.
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Post by timfromkeene on Dec 6, 2009 13:48:23 GMT -5
They are basically using a non response to this whole situtation. I was told at mediation that I was holding his education in my hands by not signing the agreement which only gave him an additional 5 hours o tutoring but has not happed yet. I asked for an IEE no response. He has since turned 18 and my mother is his educational gruadian. But I requested it before he turned 18. It was hand written to the Sped Director and is in his file date stamped over a month ago. But I would like him to get out of that school as he has a target on him.
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Post by dihicks6 on Dec 7, 2009 11:45:47 GMT -5
'I asked for an IEE no response'
It's a violation. They can pay for it, no matter what school he eventually attends, it's their responsibility now. I'd file an immediate state complaint -- doesn't matter if you're still involved in mediation -- besides, it's not really mediation -- it's intimidation.
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Post by sld123 on Dec 7, 2009 13:02:33 GMT -5
file with your st human rights
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Post by timfromkeene on Dec 9, 2009 7:05:42 GMT -5
Went to the continuation of mediation yesterday and handed them another request for a IEE with a request for written prior notice to be forth coming in ten days. Mediation is still interim and resumes in ten days at which time I am sure the mediation agreement is going to include their response and our agreement not to have an IEE they seem prepared before we attend. Now under NH Ed. Rules the complaint I filed is stayed pending mediation or any other court action and the subsequent agreement. We already told them that we would not hold them harmless in any agreement that is forthcoming. Since we have already filed a state complaint, which has no legal recourse I think, are we allowed to file an OCR complaint? They are holding my son’s education hostage and you are right it is not mediation it is intimidation. The last time we were there they walked out because I refused to sign the agreement and my son had no formal services in place and that was over 45 days after the suspension for calling the girl a slut. I at one point early on in this told them that he was coming back and they said they would have him arrested for trespassing if he did. He has gotten all F's on his report card no tutoring in any subjects other than the reading that they never gave him two years ago and just started during this IAES (interim alternative educational setting) . Not to muddle my question can we file an OCR complaint if we have a pending complaint with the state, which is stayed pending the outcome of mediation?
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Post by timfromkeene on Dec 9, 2009 7:21:16 GMT -5
by the way my son's case has so many parallels to the following case cited on Wright's Law that it is uncanny. But my son has done some things that are of a concern but could have been handled at the local level
Decision in Community School District No. 93 v. John F., a new “discipline case” from Illinois (22 pages).
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Post by sld123 on Dec 9, 2009 7:24:28 GMT -5
why not file with your st human rights?
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