My child's school had won a due process hearing on her 504 to place her out of district for prior behaviors that had

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Customer: My child's school had won a due process hearing on her 504 to place her out of district for prior behaviors that had happed at that time 3 years prior. She had served the consequence that was given at the time. The District, after receiving the decision did not implement the 504 and remand her to remain on virtual which violated her 504 because it stated her accommodations were to be in the classroom. The person(s) over 504 did not reach out to even do a re-evaluation since the placement was being changed. We won a special education due process recently because they failed to evaluate under the child find law after five request and two independent evaluations. The District had enrolled her into her correct High School and then it was changed, so we had to have a meeting about that and her placement. They have tried to offer placement at behavior based day schools and we have refused. We offered that she attend half a day at the high school and the other half at program that offers her career interest or the private school the District was willing to pay for out of District and isn't behavior based.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: We believe that her civil rights and FAPE are violated? Do we have any recourse with the District.
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: We spoke with the administrator and he is the one pushing back. I haven't secured an attorney, this refusal to place her at the high school happened today after meeting with them yesterday. There proposal was to send her to their in District private placement school that is designed for their higher needs special education students while they evaluate her and we refused, their other option was to place her back on virtual which was determined last year not to be platform for her and she needed to be in person by the 504 team.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We are in Raytown, Missouri. School starts Monday, August 22, 2022. She was enrolled in the District 7/25/2022 and the options they have presented are not options: high restrictive, restrictive alternative school(where she had escalated behaviors and we do not want her going back and virtual. Any Help would be helpful!
Answered by Penny. Attorney in 10 hours 3 months ago
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Penny. Attorney, Expert

Hello.  My name is Penny.  In November I will have practiced law for 34 years.  I am more than happy to help you with your issue.  First, I am sorry you are having to deal with this.  Trust me, I have 3 children, and all three of them had 503 accommodations.  I have a few questions so I can get started preparing your answer.  When was the 503 plan originally submitted?  Have there been amendments to the plan?  Did you receive notice of the school district's decision?  Does the plan specifically address the desire/need for your child to be in a "normal" classroom?
Customer
Good morning
The original 504 plan dates back to 2018 when she was in 6th grade. It’s been reviewed every year. I did receive notice. Her plan does specifically state classroom.
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Penny. Attorney, Expert

I want to clarify, in your question you say the school won a due process hearing??  What were the facts surrounding that issue?  You also mention a special education due process situation.  Can you describe that situation also?

Customer
We had challenged the 504 teams decision for out of district placement and inclusion of behavior plan without current data and functional behavior plan. They were trying to exclude my daughter from the district based on past behaviors and incident that had occurred when she was in 7th grade that the head admin felt she should have been expelled for but she received 5 days from the principal. He never during that time initiated for her to attend out of district. My daughter is as suspended her 8th grade year and when she is was able to return to school, I found out that it was admin decision for her not to return to the district. This was also prior to the 504 team meeting that ended up including out of district placement.
In 6th grade we requested a special Ed evaluation and was denied. After she was denied we requested the 504. While on the 504 she continued to have escalated behaviors and for the past 4 years we had submitted a request for sped evaluation. We then had her evaluated on our own and presented two independent evaluations and still denied. We filed for due process May 3, 2022 after the final denial to evaluate. The due process was based up Child find law. The commissioner found that the District violated IDEA under the child find law and they have to complete an evaluation in a timely manner.
Customer
If I file an OCR complaint would an attorney still possibly represent us against the school district or would it be best to just have an attorney handle it?
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Penny. Attorney, Expert

Thank you for your patience.   I would recommend that you have the lawyer file the complaint and make the demands on the District.  That way, you avoid even the smallest chance that perhaps your requests were not duplicated and that all are made timely and properly. If I were in your shoes, and even though I'm a lawyer, I would consult a local attorney because this is a critical situation for your child on so many levels -- educational, societal, self-esteem...  The lawyer will know the "magic" language that should be included in the OCR complaint.  The District may be less likely to ignore its obligations.  In addition, as a lawyer, I prefer to prepare the complaint because then my client cannot be cross-examined about something in the complaint because I wrote it, not my client.  It is a measure of protection that I can extend to my client.
Customer
Thank you very much this was helpful.
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Penny. Attorney, Expert

Hello again.  Do you have any follow-up questions for me?    You can access our Chat at any time to get in touch with me again about this question.  Please send me a message if you have any further questions or concerns.  I am here to help you!

If you would like, you can add me as one of your Favorite experts.  You can add me to that list from your Questions Page.  In the future, you can click on my name if/when you have new legal issues that come up.  I wish you and your family all the best.

Penny

Customer
I do have a follow up?
Today my child’s District started school, but she did not due to their proposed school options that we disagree with. The options were a high needs special education school that is considered a private placement in district. The next is alternative school in the district where she had escalated behaviors. The other is virtual while they trying to her out of district private school.
We had proposed 1/2 day at high school(which she has never been to) and a training school they have in GE district for animal sciences or the private school full days. The district has to educate her? How long do they have to get a student in school? What would be some other options they might can use to educate her?
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Penny. Attorney, Expert

Hello again.  I wish I could help you with some other options; however, that information goes beyond the scope of my guidance through JustAnswer because the options depend on such specific information and can vary such that I cannot offer advice or information.  I sure would if I could!

It sounds like you might be getting a little closer to some sort of resolution?

Customer
Thank you and not really she was placed back on virtual today.
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Penny. Attorney, Expert

She is a lucky young lady to have a mother that will not let the district get away with not doing what is best for her!

Customer
Thank you I appreciate that and appreciate your help.
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