Legal Question in Education Law in California

Special Education

My son has adhd and was in a special day class for 1st grade. It helped him tremendously. The problem with that is once they tested him at the end of the year he passed all tests and now have placed him in a regular classroom setting for 2nd grade.

He is not getting the extra help he needs. All his tests for the year have been below basic well under what he should be. I have asked the school for help but they insist that he is in the right placement and he just doesnt want to do the work. They have seemed to labeled him as a troubled child and dont seem to want to recognoze his disibility. IEP's are not working for him.

Is there any measures I can take to have placed back in a special day class??


Asked on 3/17/09, 3:48 pm

2 Answers from Attorneys

Marcy Tiffany Tiffany Law Group, P.C.

Re: Special Education

The IEP is the only mechanism for obtaining services or changing his placement. If you are concerned about his progress, you should request an IEP meeting to discuss his need for additional support. At the IEP meeting, you can request that his placement be changed back to the SDC class.

That being said, you should proceed with great care before placing your son in an SDC class. The problem is that the SDC class typically does not provide the same level of instruction as a regular education class. In addition to modifying the curriculum, the testing and grading are also modified. Thus, your son may get excellent grades in the SDC class, but really be failing as compared to students in a regular education class. The result is that he may never be able to return to regular ed because he will fall hopelessly behind. If your son has normal intelligence, SDC is probably not a good choice.

An alternative might be an RSP (resource) placement for particular subjects, which is designed to provide extra academic help to students struggling with the general ed curriculum.

If you are unable to obtain what you believe to be appropriate placement and services for your son in the IEP, you can file for due process, where you can dispute the placement and have a judge decide whether the school district's placement offer is appropriate.

Read more
Answered on 3/17/09, 4:00 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Special Education

There may be something that can be done if you want to contact my office.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 3/17/09, 4:38 pm


Related Questions & Answers

More Education Law questions and answers in California