Can a school refuse to provide special education services? Can they make my child

[twiger2u]

go to another school? My family and I are planning to move to Corsicana, Tx at the end of May. We lived there for a few months in 2006. When I went to sign my children up for school I was told my son would have to go to a different school in another district because he required special education. The superintendent told us that only one of the elementary schools provided special ed and that all special needs children were made to go there regardless of the district they lived in. Is this even legal? Any ideas for what to do?
The reason I don't want him at this particular school is that the school that provides the services is not very good. The special education is more like a glorified state funded daycare. When my son attended in 2006 there were no educational things provided to him, he did not do any school work, and basically sat in class all day doing nothing. I was angry to say the least. My son is 7 and was tested last year by his current school to see what grade level he was at. He tested at 4th grade 7th month for most subjects and at 9th grade for two subjects. He needs to be stimulated and challenged. He deserves the best education available to him regardless of his condition (he has Aspergers syndrome).
He does have an IEP in place, and has had one since kindergarten. At his current school he spends part of his time with his regular class and the other part with his special ed class. He is very smart and very impulsive. When he attended the special ed school in Texas he was labeled as a "trouble maker"(He would do things like install computer games onto the teachers computer, and he would yell and curse at kids that made fun of him), in my opinion it was because they didn't want to take the time to understand him or stimulate him . He does well in a regular classroom environment most of the time and I would like him to continue to be a part of regular classroom activities.

[jdeekdee]

They are WRONG!!! Tell them to give you a copy of ANY legal policy that supports their statements. If it is not in writing it is not true.


ALL public schools have to provide special education services.
You have to learn the special ed laws and follow them.
The best site for this is www.wrightslaw.com

The thing to do now, which is mandated by special ed IDEA law, is to write a letter to the person who told you this
(and cc the district special ed director) and state you are requesting 'prior written notice' for their refusal of your child attending that school.

This will stop them in their tracks.

See, schools are suppose to have LEGAL reasons for their decisions involving special ed. And they are to give their reasons in writing to the parent (prior written notice)

So, when you write this letter the school will either
1)drop the whole thing and let him go to the school or
2) will not give you the prior written notice at all.

If they don't give it to you, the next step is to file formal state complaint. When you do this, the state will make the school give you the prior written notice.

At this point the school will then let your child go to the school because they will not want the state to know they made this decision ILLEGALLY.

When your child does go to this school, you are going to have a HARD time getting the help he needs, if they are pushing him out the door before he even gets there.

If you need help email me sisymay@yahoo.com

[MeInThisWorld]

they need a good rationale as to why you child could nto receive a free, appropriate educatio in the least restrictive environment through his home school-

WIth the large number of special needs students-I can't see how only 1 school provides services-

By pooling are special needs students together it could be construed as failure to meet the least restrictive environment law

I feel it is unethical for an area to not have at least resource room classes in each school and some self contained-I can see how it is beneficial to group certian groups of students (moderate cognitive impairment) in one school-but not for all special needs students as a whole

the school should be required to make reasonable accommodations for students with disabilities

i.e-it would not be reasonable to open a class in each district and have 1-2 students in each class-

but if there are 4 similar classes of 9 students each-that it could be reasonable to have the classes in 4 different schools.

[Prairie Girl]

Small school districts often only have special services available at one school, and unfortunately it may not be your neighborhood school. Even in large towns, like Irving, there is only 1 school for autistic children, 1 school for the deaf and 1 for severe and profoundly handicapped students. However, they are required to provide the child with transportation.

Your fear that your child won't get a good education is another matter. They do have to follow his IEP, and they do have to give you a copy of it so you can keep up with what is being taught. If that doesn't happen you do have recourse.