Special Education/Placement

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Question
Hi.  My son was in a coteaching class last year. It's a long story what happened but he didn't have a single accommodation other than a 1:1 who was harmful. The district changed his placement put it in the iep and said I can go to due process if I don't like it. They didn't offer any new accommodations just placement change to self contained. My son didn't endanger anyone And if anything they endangered him but that's a very long story. Is this legal? Do I have to file due process? Or do they? Very confused on law.

Answer
D,
The question that makes their change of classes legal or illegal is, "Did you sign the IEP that has the change in it?" If you did, you entered into an agreement with the District. It is possible to rescind your signature, but you should have legal help to do so.

If you did not sign this IEP, then what they did is illegal. Taking away the Aide is also illegal. You should file a Compliance Complaint with your State's department of Education. These can be used when the District does not follow the last parent signed IEP (in legal terms, they are out of compliance with the IEP). You can get the forms online and the State DOE does all the investigating.

In the future, remember that you have a line item veto over everything in the proposed IEP. There should be a line on the signature page saying, "I agree with everything except: ______ (you fill in what you do not agree with). All the things you do not agree with must continue based on the last parent signed IEP (called the "stay put IEP"). In your case you should have listed class change and removal of aide.

Concerning the Aide, the correct solution was to get your son another Aide that was not worthless. A bad Aide does not justify stopping this service.

You can also file for Due Process, but this is expensive and you have to prove to a judge that the District was in the wrong. For this, you definitely need an experienced advocate or attorney.

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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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