School wants to fore and IEP student to transfer?

Question

I am 16 and have been attending my high school since september 07, because I left home and moved across the city. I have an IEP for several LD's, ADHD, Anxiety and type 1 diabetes. My new school is claiming that they just don't have the resources to accommodate me, and they are going to recommend me to a school specifically for people with LD and they are claiming that they can force me to go. But I like my new school, and my average is 78% and I don't want to move again. So my question is: Can they do that?

Answer 1

No.  Tell them any decent lawyer will know the Disabled Act.

Answer 2

If this is a public school, the short answer is "no!"

If they don't have the resources to accommodate you, it's up to them to get them, yesterday! You have a right to attend school anywhere you want to, and the school cannot just shove you off on someone else because they don't want to have too many students there with IEPs. What they are trying to do is a violation of your rights, and you need to make some noise about it. Tell the person or persons working with you that you plan to contact a lawyer or the ACLU and see if they change their tune. If they don't, then do just what you said you would! Don't let them violate your rights just because you learn differently than other people and have a health concern or two. You're settled into your home and your school and there is no need to uproot yourself again. Fight the good fight, honey!

Answer 3

If you are in a public school - they have to provide for your education.  If you are in a private school - they can choose to not serve you.

Answer 4

My first question is this.  What accommodations do you require?

And, are you really using them?

Secondly, no they usually cannot force you to change schools for the disabilities you listed.  In each meeting they should have given you a handbook of parent rights or something similarly titled.  It's usually in the back and says something about mediation for when you do not agree with the IEP.  Once you complete the one or two page form, you fax/mail or hand deliver it and within a week they will hold a formal meeting.  

Which accommodations are they stating that they are not able to provide?  I am thinking that this is a complete load of c**p, but summarizing the situation into a paragraph makes me want to hold my tongue.

Edit - Schools are not always required to provide you what's in the IEP at your local school.  For instance, not every school needs a self-contained class for those with severe disabilities.  However,  I would say that every school in America could provide what you are asking for!  You aren't asking for anything extremely specialized.   I would think that any school K-12 - could and should provide for you.  If they start again with moving you, I would ask for a meeting and tell them you want everything in writing.  In the meantime, I would look for an advocate.  You need one if your parent's aren't involved anyway.  Social services or your local council/organization for those with learning disabilities can usually provide one for you.  If you can't locate one, email me privately with your city (not school) and I will try to help you out.

Answer 5

Least restrictive environment, schools have to offer education in the least restrictive enviroment.  You have accomodations in place that seem to be working for you.  Get a copy of your IEP, does it say you should be educated with non-disabled peers?  How's your discipline record? If you've been suspended for 10 days, schools can look at a change of placement but they must provide you with an education.  I would skip the principal and put in a call to the school board, also call your schools administrative offices and find out if they have parent/student advocates for students with disabilities. Finally go on your state's department of education website and contact them about what your school is trying to do.  Good luck.

Answer 6

NO they can NOT do this. Since you are under 18 you will have to get your parents/guardian to write a letter to the school and disagree with this. That's all it takes.

Your parents, or whoever is guardian over you, is an EQUAL member of your IEP team and they can make the decisions just as much as the school members.

If parents disagree in writing, that's the end of story.

IF they want you to go to this other school, then by law THEY have to pay for it.  Put your foot down and go up the chain of command if you have to.

Answer 7

Bravo for advocating for yourself! I still think you need to get your parents on your side or the school SpEd Representative to help you fight your case. Can your parents talk to the director of special ed with you??With a 78% it sounds like the accomodations are working, so there is no reason to change your placement. What is it they say they can't do?

Good luck!

Answer 8

Well yes and no... I am a special ed teacher at an elementary school. Technically an IEP is a legal document. You are entitled to these services and when it is in writing like that the school has to obey those accommodations. This is why we have the Individuals with Disabilities Act (IDEA) also No Child Left Behind has sections about IEP students and the services they are entitled to. Here is the other side. It is possible that the reason your current school feels they can't service you is because of lack of people or support team. Not knowing anything about your school specifically I can't answer why they wouldn't feel they can service you. It is entirely possible that a different school has better access to some of these services. These are called Title schools. It means that they have extra money in their budgets for certain programs. Some school focus on autisim some on reading, ect. So the answer to your question is that they can not "force" you to leave the school. But it is possible that the district is set up that certain students with various LD's are sent to a Title school. Hope this helps and best of luck!