Legal Question in Disability Law in California

My is currently a 6th grader with an EIP, we have been fighting the district, to get him included since he was in frist grade, and they still give us the same excuse that he is not at grade level and therefore the SDC placement is the the best option. He suffered emotional and physical trauma last year in the SDC class and we are fighting to get him fully included into a regular class. He is currently attending only the mainstreaming portion of the day. He is happy adjusting well and making new friends. The district sent us The School Attendance Review Board letter, because he is only attending 1/2 day.We have submitted a letter from his doctor describing the situation. The only solution is that the IEP team change the placement, but we seem to get no where with this district, they are too focussed on their status quote. We desperately need some help!


Asked on 10/17/11, 2:47 pm

1 Answer from Attorneys
Patricia Meyer Patricia Meyer & Associates

First you need to get an education advocate. Find out the education advocates in your community who have had good results and hire someone successful in the past. Then with the help of the advocate you will likely call another IEP.with a plan in place to make things work for your son. You are not yet at the point of due process because as far as I can tell you do not have an IEP that you have "disagreed with and therefore refused to sign" nor do you have a violation of the existing IEP.

Good luck.

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Answered on 10/31/11, 8:32 am


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