Re: ADD / EDUCATION
Gary Sherwin (sherwin@SUNSHINE.PGH.WEC.COM)
Tue, 12 Mar 1996 07:32:16 EST
Having just gone through both administrative and court hearings for a
disabled student, I would like to note that your statement on scouts-l is
not quite correct. SCHOOLS have a LEGAL OBLIGATION under federal law,
Individuals with Disabilities Education Act (IDEA) to identify and properly
educate ALL students with a FREE AND APPROPRIATE EDUCATION. Although the
school can not by itself, assign a student to special classes or services,
and although parrents have the RIGHT (not obligation) to either refuse or
request testing for inclusion in such classes or services. The school
MUST act in behalf of the disabled student. If there is a diasagreement
between the parent and the school in this matter, EITHER can request a
Due Process Administrative Hearing or Juristictional Court Hearing to resolve
the matter. If a school suspects that a student needs special services, and
the parents refuse to have the student tested or provided the services, the
school has the OBLIGATION to request a Due Process Hearing, which may order
that the services be provided, even over the parents objections.
The important thing is that no change of placement of any disabled student
can be made without an evaluation, written notification and opportunity for
There is rampant abuse of this process by school districts in both directions.
One word of warning: Be aware that you will be fighting "City Hall". It is
reported that parrents usualy win, BUT although "Free Legal Representation"
is supposed to be available, it is difficult to find adequate representation
and so it can be VERY EXPENSIVE. For us we are nearing $60,000 in legal fees
and still counting. If we prevail, most of the fees will become the
responsibility of the school district. If we do not, OH WELL living one's
principals can have a price.
In conclusion READ READ READ, QUESTION QUESTION QUESTION, INSIST INSIST INSIST
KNOW KNOW KNOW YOUR RIGHTS!
Yours in Scouting. Yours in Service. - Home - (412) 722-3476 -
I used to be an Eagle--Wood Badge NE-V-19-20 - Work - 256-2563 -
Eagle Scout Class of 1967 Westmoreland Fayette Cncl - FAX - 1412 -
(Mr.) Gary W. Sherwin SM - Wagion Lodge #6 Vigil -
BSA Troop 461, Box 342, Yukon, Pa. 15698 firstname.lastname@example.org
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City