Can my principle instead of abiding by my IEP expell me and send me to a different school?

Question

According to my previous question, my principle cannot deny my IEP accommodation, but now he is saying that "a" school has to provide accommodations, therefor if I want accommodations, I need to go to a different school. Can this be done? I mean this is getting to a point where it is ridiculous.

He has made it to a point where I need legal council, and my two options now are to either A) stay on the program that I am on called Home/Hospital instruction, or B) fight this, and have to pay legal fees and whatnot, not to mention, by the time it is resolved, I will be half way into my senior year.

He doesn't like me because I'm fighting the system, his system. He's been there for like 10-20 years. I make A's - C's and have no discipline problems whatsoever, not one bad conduct mark or a "referral".

Here is the link to my previous question: http://answers.yahoo.com/question/index?qid=20080424221445AAq4XZj&r=w&pa=AptqD2bwHTHc7.GEYaI.uF.vEMTUCyjXZjVrCcU09mNyqw--&paid=voted

-Thank You

Answer 1

This is ABSOLUTELY ILLEGAL.  You need to make sure you stop talking and start writing.  Do all communication in writing.  This is most easily done via email but you can fax letters (keep the transmission notice as proof of delivery).  I suggest writing a letter like this:

Dear __________,

This is my formal request that you fully implement my IEP dated ______ including all reasonable accomodations for my disability.  I understand you would rather me relocate to another school.  However, it is my right to attend my school of residence.  I am also aware that my reasonable accomodations must be administered in accordance with IDEA, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.  I fully expect this IEP to be implemented within the next 30 calendar days.  If it is not and you continue refusing to implement my reasonable accomodations, I will be forced to seek further remedies.  Please respond in writing within the next 21 calendar days.

Sincerely,

______________

Make sure you get proof of delivery on this letter whether it is a fax transmission, an e-mail read receipt, or you hand deliver two copies and have the secretary time/date stamp and initial both copies and you keep one for your records.

If you do not hear anything after 14 calendar days, send another written response something like this:  "You are in receipt of my letter dated ________ requesting a written response.  Since I have received nothing thus far, I am sending this reminder to you that if I do not receive a written response within the next 7 calendar days, I will be forced to seek further action."

What is further action?  You can make a Personnel Complaint at your school district office.  Make sure you reiterate that you are being discriminated based on disability due to your principal refusing to accomodate your disability.  Or you may skip this step and file with the US Dept of Education Office for Civil Rights and ask them to investigate.  I have been through this process and it is very effective.  You can even file online (see Sources below)

You are being very reasonable in what you are asking.  For them to refuse is ridiculous but not uncommon.  Most districts know that if you have a good case of discrimination and can prove it in court, the minimum fine set by the federal government is $4,000 PER DAY PER INCIDENT.

I must say I am very impressed with your tenaciousness!  Perhaps you should consider going into Law in college!

Feel free to contact me at [e-mail] if I can help.

Answer 2

If it is in your IEP he has to provide it. You need to threaten to go to "due process". Contact the state board of education and file a complaint.

If that school is your home school and you need accomadations and you have an IEP then he is violating the law. File a due process complaint. You don't need a lawyer for that. I have autism so I know about this stuff. I have an IEP every year.

I also have to take some classes in the afternoon because my medication makes it easer for me to calm down for harder subjects in the afternoon.

By the way if he says that his school (you home school) cannot help you, they gotta pay for you to go to a school that can. Does he want to accomodate you or pay for a special school for you? Even then, that all has to be agreed on by the IEP team.

Your principal is screwed dude

Go to due process

Answer 3

Well if you need just two classes to graduate, you should be able to have a modified school day.

So find an advocate in your area. They work for free. ECAC started in North Carolina, but serves many areas check the website: http://www.ecac-parentcenter.org/

If that does not work, call the exceptional needs department at the state department of public instruction. They will mediate between you and the school in legitimate cases. They sometimes also send facilitators to the meetings.

Just because Spanish and English have been offered in the afternoons in the past, do not assume they will always be offered. At our school of 2000, schedules are generated by computer.

My son gave up on school with his migraines and irritable bowel and took the GED test. Then enrolled in college. He had passed all necessary state tests, taken honors classes, and had no trouble.

Answer 4

You need an advocate to help you through this. There should be some free advocates where you live. People here on yahoo do not have the specifics of your case of for the most part the knowledge to help you. Best of luck

Answer 5

I am assuming you are asking for afternoon classes that are not available to you either because they are already full or because they don't exist. The school is not denying you your IEP accomodations. They are just not providing them in the way you want. The Home/Hospital instruction fulfills the afternoon classes accomodation, as does another school, if the classes are available somewhere else. Unfortunately, the school only has to fulfill the IEP, they do not have to provide the accomodations in the way you want, especually if those classes do not exist, or are otherwise unavailable to you.

The other accomodations, sun glasses, extra time, more prompts and cues, are fairly easy to provide.

Also, that would be principal. The principal is always your pal.