Special Education/Gag order


Hi. My son hasnt been in school since I pulled him out this year for denial of fape.
I didn't file a lawsuit though speaking to lawyers. I have a cse for services and I'm not sure what I want to do. I said I want to ask questions about last year because they cut me off at the final meeting and none of my questions answered. Same with email. Now the head said that a rule of the meeting is that we will not be discussing anything from the past or past decisions. Is there anything I can do? I'm dumbfounded. I don't want a gag order. That doesn't seem right. Thanks!

If your child is of mandatory school age, I believe your state requires that he attend school. It is not a valid reason to pull him out because of denial of FAPE. But, you can file a Compliance Complaint with your state's education agency. You can do this on your own. Once you file, they will conduct an investigations and make a ruling based on their findings. Their website should tell you how to do this. It is also covered in the Parents Rights handed out in each IEP. Their claim of not being able to discuss the past in an IEP is not valid. However, the discussion should lead to changes you want made in the future. You have the legal right to call for an IEP at anytime. And you can request what you want addressed at the IEP. You always have the right to file for Due Process, but I suggest this be a last resort action. It is costly and you will need an experienced advocate or lawyer to handle this for you.

There is such a things as Home/Hospital teaching where the school must send a teacher to your home to teach your child. But you must have a medical doctor (MD) order it. The teacher only will come each week for number of hours your child has in school each day. In between visits, you are responsible for you son's doing homework and helping him. He will totally miss out on the benefit of social interactions with other children his age. It is meant as a short gap measure for kids that have health issues (psychological reasons are included).

It sounds like the Complaince Complaint is a good starting place. Google the following to learn more:
"New York department of education compliance complaint".  

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Tim Runner


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.


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.

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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