Special Education/Extended Year Services

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Question
I have a bit of a complicated question. I'll try to be clear :-)
My son was in a co-teaching class for two years. The school now is recommending a change of placement. We do not agree with it. For two summers my son has been in the summer recreational program. Now the school recommended against that. My son had a rough year. He was fine in the summer program both years, it's not school. The school had nothing in place in the new IEP (which we didn't consent to) to address any of the challenges of the year. They were supposed to do an FBA but didn't. They won't do it. I am not making this up. So I enrolled my son in summer camp two days a week with a young shadow and the other days I go out with him. I asked the school why they recommended against the rec program and the person in charge of special education services said "there are concerns" without any specifics. The teacher said he only recommends classroom and not rec programs. Technically my son was recommended for extended year class services but what happened was the recreational program took up about 75% of it, lunch and services took up another 15% so he was in a class for a half hour a day. He didn't learn anything nothing was ever sent home and I was fine with that. I felt he needed recreational and peer interaction. Now they took that away too without accounting for it and they made sure they did this days before the summer program began. They changed my CSE date to be within a week of when summer began. They took the whole meeting to read the draft IEP which they did without us. They made recommendations at the END of the meeting. I feel very much at a loss. I am fine with not having my son there, I think they are all awful people but they got away with alot. Any suggestions? Thanks.

Answer
HB,
For anything in the last signed IEP (which is the "Stay Put" IEP) that has not been provided, you can file a Compliance Complaint with the New York State Education Department. Here is the link for more information:

http://www.p12.nysed.gov/specialed/quality/complaintqa.htm

The State people will investigate and determine if the district is out of compliance. Then they will force the district to remedy the situation. There is a time limit on how far back you can go, so begin this process right away. There is no cost to you. You should also complain about how the last IEP was conducted, which vilates the law.

This is a great tool available in all states.  

Special Education

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Tim Runner

Expertise

Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.

Experience

I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

Education/Credentials
I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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