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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111664
Experience:  Attorney experienced in commercial litigation.
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I am from PA. My 8 year old Grand daughter is now in 2nd

Customer Question

I am from PA. My 8 year old Grand daughter is now in 2nd grade. Upon her entering Kindergarten, her Mother told the school district that Summer would benefit by socializing with other children. The district stated they had a small class and would place
Summer in this class. The Mother signed a paper. Prior to Summer beginning Kindergarten, her Mother was in a terrible ATV accident, so me as her Gram and Guardian took over the care of Summer. When I went to the school to get Summer's schedule, Much to my
surprise, she had been placed in a full time Special Education class. Her Mother had NO idea nor had Special Education Class been brought up. Summer was so excited to go to school, after 1 week of being in this class, her behavior became that of a wild animal.
I think she had a break down. I requested IEP meetings to get her out of this class. At 1 point, the District brought in THEIR "INDEPENDENT" certified psychologist/Educational Consultant. This consultant worked for THIS school district for 18 years before
going on her own. I brought in a PhD. PhD stated Summer has ADHD. I requested Summer be put in a regular class. The district for 1st grade put her in a regular class with an aide. The last IEP meeting at the end of the school year, the district said Summer
was doing good and eventually won't need an aid. She is now in 2nd grade. Monday is a IEP meeting. She does need extra help in 2 subjects but always before an IEP meeting, the teachers all of a sudden complain about her behavior. Also, prior to this when I
had the PhD at the meeting, I told the District I wanted the emotionally disturbed taken out of all reports since she just has ADHD. They agreed. Now this year, it is in all 3 years reports. I had been assured last year it had been taken out. What can I request
to the district to get Summer help in the subjects that she needs help in? Are there any programs the school is to supply as for this child to get a proper education? I know they are probably going to try and place her in a Special Education Class. I don't
think the teachers know how to handle children with ADHD and to them these children are a disturbance to them. What can I do? Keep in mind, this child does NOT belong in a special education class as agreed by the PhD. What programs can and should the school
supply to help Summer?
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
This is Shamokin Area School District in PA. The teachers say they don't have extra time to take out to address or help a single student. This District isn't the greatest. A friend whom is a teacher at another District BUT lives in the Shamokin School District plans on paying tuition for her child to attend a different school district due to Shamokin's lack of programs and the lack of teaching these children. Paying a tuition isn't an option in this case due to lack of funds. I'm just trying to figure out how to get Summer the extra help and a proper education.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First off all, with an IEP it is not a one person decision, the IEP is to be decided by the whole team, so their PhD is not the final word on this, it is supposed to be a team effort with the parents, the child's doctor/therapist, the teachers, IEP coordinator and other members of the school team. So, just because their doctor may be saying she does not need this, if you have one specifying what she needs and you believe the behavior issues are just made up to avoid providing for her needs under the IEP, you are entitled to request a due process hearing where you can present your evidence to the IEP coordination team and a NEUTRAL third party to determine what is best for the child. To request the due process hearing you must provide written notice to the school district AND send a copy to the state department of education branch responsible for special education.

The school is obligated by the Individuals with Disabilities in Education Act to provide the tools and assistance she requires to receive a proper education. They cannot put her in a special needs class if that is not the environment that she needs to get the education. If the therapists determines an aide is sufficient or an aide and tutor and some modified class work or assignments would work in a regular class, they are not legally supposed to put her in a special education class.

IF the IEP team decides contrary to her needs, then you request the due process hearing in writing, which as I said goes before a neutral 3rd party mediator to hear evidence from both sides on the issue to determine what is best for the child. If that does not resolve the issue, then you have a right to appeal the due process determination to the school board and then the state department of education.

Customer: replied 1 year ago.
I think you may have misunderstood some of my questions and statements. Can anything be done due to the fact the school district deceived my daughter by making her believe she was signing a paper for Summer to be placed in a smaller class NEVER to mention it really was a Special Education class 3 Years ago? I understand the IEP consists of a group. I have been to all IEP meetings. It WAS NOT their PhD that stated Summer has ADHD, I brought Summer's PhD to attend an IEP meeting. So it was our PhD. Was their "INDEPENDENT" certified psychologist/Educational Consultant really considered "INDEPENDENT" when she worked for the School District for 18 years??? Do you know of any programs dealing with extra help that this School District are to be providing, such as state paid programs, ect...?
Customer: replied 1 year ago.
I really need some answers and lead ways due to an IEP meeting coming up this Monday.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I did not understand she signed anything, but even if she signed something, at this point that does not really matter. I did understand it was your PhD who said she had ADHD, but your doctor is not "independent" anymore than their doctor is not "independent" he is their doctor. This is why the due process hearing process exists and that is the next step for you to take here to protect the rights of the children.

The school is supposed to provide tutoring during and even after school, this is part of the IDEA, it is not any paid school program it is something the school has to pay for if the child needs it on a case by case basis. Your school district is not really providing any separate programs they are on an individual basis based on the student's actual specific needs. So that is why the Due Process hearing becomes so important for you.

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