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Old 12-01-2006, 01:39 PM
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fmichael fmichael is offline
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Join Date: Sep 2006
Location: California
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15 yr Member
fmichael fmichael is offline
Senior Member
fmichael's Avatar
 
Join Date: Sep 2006
Location: California
Posts: 1,239
15 yr Member
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Dear Anna -

It is an outrage that a student with RSD should have to worry about illness related absences from school!

Under the federal Individuals with Disabilities Education Improvement Act (IDEA), school are required to make accommodations for students with medical disabilities. By all appearances, your school is not. I'm not sure if it's a stable ISP address, but try clicking here for more information:

http://answers.ed.gov/cgi-bin/educat...i=&p_topview=1:
The Individuals with Disabilities Education Act (IDEA) aims to ensure that all children receive a free appropriate public education (FAPE) and special services to assist in meeting their educational needs.

Under Part B of IDEA, each state and its public agencies must ensure that a free appropriate public education (FAPE) is made available to all students with specified disabilities in mandated age ranges, and that the rights and protections of Part B are extended to eligible students and their parents. FAPE includes, among other elements, the provision of special education and related services provided at no cost to parents, in conformity with an individualized education program (IEP).

The IEP is the major mechanism for ensuring a child receives FAPE. The IEP serves as a blueprint for the child's special education needs and any related services. The IEP team consists of the parent(s), the student (if appropriate), at least one of the child’s regular classroom education teachers, at least one of the child's special education teachers, and a qualified representative of the public agency.

If the parent and the local school district staff cannot agree on the content of the IEP, the parent can ask for a due process hearing, and an impartial hearing officer can make an independent decision in order to resolve any disagreements. A mediation process must be available when a due process hearing is requested
.
Additional links of interests include the National Dissemination Center for Children with Disabilities at http://www.nichcy.org/ and the Department of Education's "OSEP/MSIP State Contacts Part B and Part C" which includes the names and phone numbers of contact officers you or your parents could reach if you have difficulty in either setting up an IEP or getting the district to live by the terms of the contract that comes out of it. http://www.ed.gov/policy/speced/guid...tact-list.html (I would start with the "Customer Service Specialist", followed by the "Part B Contact" and then the Wisconsin "Team Leader." Please note that all of these phone numbers are in the Department of Education in Washington D.C.)

I remember this stuff vaguely from a number of years ago when my oldest son had to go through the process. The key point is that they have to give you an IEP within 60 days of the time you request it: school vacation times not included. They may or may not consider letters from outside doctors, I've forgotten how the rules work exactly. In any event, any letter your should submit from your physician should be a detailed as possible. Hopefully s/he could actually be there at any IEP you and your parents could set up. Sometimes, and especially when a lot of money is on the line, in terms of the requested accommodation, people are advised to have outside lawyers who specialize in "ed law."

You don't deserve these troubles. And as a matter of law, you should not be burdened with them. Good luck.

Mike

Last edited by fmichael; 12-01-2006 at 02:50 PM.
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