School for the Deaf denies deaf child with Down Syndrome placement

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CSign said:
Anyone can file a compliance complaint if they are aware an educational agency is out of compliance. In this case, the family has brought me in as an advocate.

I'm not saying the home district doesn't carry any responsibility at all, but ultimately it's the School for the Deaf that closed the doors on the student.
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You are very, very confused. It is the home school district that is responsible for providing accommodation or alternate placement. The deaf school is in a contractual relationship with the home school district only. And they certainly aren't under any legal obligation to answer a complaint from an uninvolved party.
 
CSign said:
You can infer on your own what school I might be talking about. I'm not going to call it out by name unless it goes to DP.
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Wyh? If you are so certain of your stance, why the hiding?

If you really are determined to take on the monumental task you seem to want to take on, you will be much better prepared to do so if you don't go off half cocked. This is a serious undertaking, and it requires knowing exactly what you are doing. If you go off half cocked and misinformed, as you are doing now, you will loose the case and that sets a precedent for deaf students in the future.
 
jillio said:
A few years experience, and a great deal of relevent knowledge. And sallylou, BTW, is an attorney. You would do well to listen to her, as well. It will save you countless hours of needless frustration and a lost case.

And where will the child be placed while you spend years tied up in the court system over this issue? Isn't the child's education the priority?
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That's great for Sallylou- I have lots of respect for attorneys. I say that in all sincerity too. I've always considered becoming an attorney. The ability to make things right, when an injustice is present is the greatest skill of all.

Yes, her education absolutely is the priority. That's why we are doing what we're doing. If it goes to DP, then she will be in a placement that won't meet her needs as a deaf student, but it will be a placement.

You don't have to share my confidence regarding this issue. I know that ultimately, this child will get placement at this school.
 
Never mind. You can sue anyone for anything. Some attorneys sues everybody and their dog as a strategy. Especially deep pockets.

In this case, the Deaf school is probably a defendant, at least in part, to use discovery to obtain relevant documents necessary to prosecute the case.
 
I love the condescending tone in so many of these posts. It fills my heart with joy.
 
jillio said:
Wyh? If you are so certain of your stance, why the hiding?

If you really are determined to take on the monumental task you seem to want to take on, you will be much better prepared to do so if you don't go off half cocked. This is a serious undertaking, and it requires knowing exactly what you are doing. If you go off half cocked and misinformed, as you are doing now, you will loose the case and that sets a precedent for deaf students in the future.
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I am not "half cocked and misinformed." I know exactly what I'm doing. We also have the support of knowledgable attorneys with direct experience and knowledge of deafness, and the ramifications of it in an educational environment. I was brought in to help this family, and that's exactly what I've done/am doing. I realize it might be difficult for you to think someone else is capable of helping and making a difference, but it is possible.
 
jillio said:
You are very, very confused. It is the home school district that is responsible for providing accommodation or alternate placement. The deaf school is in a contractual relationship with the home school district only. And they certainly aren't under any legal obligation to answer a complaint from an uninvolved party.
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I'm very, very not confused. And the school for the Deaf is under a legal obligation to respond to the complaint. I am an involved party, as I've been brought in as an advocate. Even if I weren't, if I were aware of a school being out of compliance I could file a complaint. Even if I wasn't their advocate. That's not to say I would, but I'm letting you know the way things work in CA. I don't know about compliance complaints in other states.
 
I believe that you want the warm, fuzzy, happy thread. Down the hallway to the left. Don't drop into Jiro's gun thread if you think that this is out of hand.:giggle:
 
sallylou said:
I believe that you want the warm, fuzzy, happy thread. Down the hallway to the left. Don't drop into Jiro's gun thread if you think that this is out of hand.:giggle:
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Now you've piqued my interest. I'll have to go check out that gun thread now. Thanks!!
 
CSign said:
That's great for Sallylou- I have lots of respect for attorneys. I say that in all sincerity too. I've always considered becoming an attorney. The ability to make things right, when an injustice is present is the greatest skill of all.

Yes, her education absolutely is the priority. That's why we are doing what we're doing. If it goes to DP, then she will be in a placement that won't meet her needs as a deaf student, but it will be a placement.

You don't have to share my confidence regarding this issue. I know that ultimately, this child will get placement at this school.
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Hang on to your dreams. Just don't put your dreams in front of the welfare of the child.
 
CSign said:
I am not "half cocked and misinformed." I know exactly what I'm doing. We also have the support of knowledgable attorneys with direct experience and knowledge of deafness, and the ramifications of it in an educational environment. I was brought in to help this family, and that's exactly what I've done/am doing. I realize it might be difficult for you to think someone else is capable of helping and making a difference, but it is possible.
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If you believe that due process is against the contract school and not the home school district, then obviously you don't know exactly what you are doing.

Who brought you in to help this family?

Many people are capable of helping and making a difference, as long as what they are doing is truly helpful. It would appear that you are running on pure emotion and some highly held principle. Unfortunately, the real world of educational placement does not work that way. It has to be a battle that is fought with fact, not emotion. You have no basis, at least none that is demonstrated to date, for instance to claim that deafness is the primary disability. You do not have the credentials to make that determination. So, just because you think that it is that way doesn't mean that it will count for a hill of beans in a court of law, or a due process hearing. Unfortunately, too many well meaning people end up making a mess of things.
 
jillio said:
Exactly. There are numerous options available, and I can guarantee you that any administrative law judge will take one that is already available before they will mandate one to be put in place. For one thing, it takes time to develop a special program and staff it. What is the kid supposed to be doing for the 2-3 years it takes to get a special program up and running?
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Especially with all the red tape involved. And if she is the only one with those particular needs at the school, the state (not the school) could turn down requests for additional funding to set up a program to meet the child's needs. As a result, the school wont have the money to hire the necessary staff and obtain the resources to give this child the education she rightfully needs.

That's whats so frustrating about education in America especially now with the economy being so bad now. Corners are being constantly cut.
 
shel90 said:
Especially with all the red tape involved. And if she is the only one with those needs at the school, the state could turn down requests for additional funding to set up a program to meet the child's needs.
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Exactly. There is just too much information being withheld here. My concern is, every due process decision impacts future valid due process proceedings. And when due process is brought without a leg to stand on, and based on emotion rather than hard fact, it has a negative impact for the valid due process claims that come behind it.
 
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