Can a public school refuse a kid with IEP | Autism PDD

I feel a little alarm. I went to the open house for new students at my ds's
next school and the principal took me aside and said "Now you are aware
that we need to see your ds's IEP before we agree to take him, right" I
just stared back , I guess I didn't. Since that school already came to
observe my ds I am wondering if she knows something I was not told
yet.
On the other hand I know that their school has asd kids and since the
IEP recommendation is to mainstream and he has no issues like
agression or needing fancy accomondations, I really don't see what the
problem could be. Anyway, can a mainstream public school refuse to take
a kid with an IEP if that kid was recommended for a mainstream public
school? On what grounds?WTF????

Get it in writing.  Whenever a staff member says anything like that, say, ok, I would like it in writing by the days end.  They WILL NOT do that and by knowing your rights, most will back off and do the right thing.

Hang in there!!! 

I would ask to see the written policy your District has about magnet schools.  Those may be outside of the LRE requirements. I don't know.

Is this your neighborhood school?  Or are you going to a different school?  Maybe they want to make sure they have the resources to help him.  In our district some of the more severely affected kids go to a different school than their neighborhood school. 

Other than that.  I have never heard of this.  

Your son HAS to be accepted by the mainstream school nearest to your home.  The law ASSUMES he will be educated in the same classroom he would have gone to had he not had a disability.  The school district has to put in writing the reasons WHY that will not happen, if it's not going to happen.  And they must place your son away from that mainstream classroom only to the degree that it is absolutely necessary. They have to give their reasons in writing. The truth is, the Principal of the school has no say.  The IEP Team calls the shots.  Of course, this Principal might have influence, but a Principal of a school is not even a legal IEP Team member and should not be in the IEP Meeting (except if your state says he is a member of the TEam --- he is not under IDEA). Your child should already have had a transition to kindergarten IEP meeting.  What was the result of that meeting? The Principal cannot overrule the decision of the IEP Team.  And the parent (you) are an integral member of that IEP Team. You should already know what that decision is and have it in writing.  If the IEP says your child is going to be placed in a mainstream classroom with supports, that classroom must be in the school he would have gone to had he not had ASD. Of course, there may be good reasons to put him in another building, even if he is in the mainstream (for example, he may be better off in a building where there is an autism class, even if he's not in that class, because the people in that building -- reg ed teacher, therapists, admins, etc. -- will be more familiar with the disorder and be able to make even the mainstream environment more ASD-friendly).  I am not saying that is the case in your situation. I am saying that you need to find out and refresh your memory by talking to the IEP Chairperson about the results of the Transition to K meeting and also look at your son's IEP. Tell the Chair of your conversation with the Principal. If you think that this school is not going to be welcoming to your son, you probably ought to make sure the Sped dept. arranges for some training of the staff.  NO ONE can make a unilateral decision about your son. That's a team decision and it must be in writing in the IEP.Thanks for your replies. His neighborhood school is closing and I signed
him up for a magnet school. I scheduled a meeting with them next week
to go over his IEP. I hope I was just being paranoid but i thought it was
kind of strange how the principal took me aside.All these replys have been great and helpful -thanks.
We did have the IEP meeting with the new school. They are a pretty small
operation (what I like) and kept telling me how it will be hard giving my
ds the 'extra' he needs with the few staff they have, but they also said
that the IEP was appropriate and they would make it work.
I asked if there was a question of them taking him and they said they will
talk with the principal and let me know. I asked if as a public school they
can refuse him and they said "That is a good question". I think part of
the problem is that I am dealing with extreme West Coast flakyness. I also
pointed at the IEP specifying that ds needs a person at the beginning of
the school year to help him transition and ask how that would look like
at their school and again was told -with a smile-that "That is a good
question"
After spending last year being told that my ds could not get the help he
needs because he had no IEP I am not planning on spending the next
year hearing that the IEP is a puzzle to implement.
So my plan is to get back to studying Wrightlaw and call frequent IEP
meeting until it is understood that I expect them to follow it.
Angelstill, thanks for the advice to request every refusal or promise in
writing. I will do that. And I will also remind them that my ds is a student
at their school and has a right to LRE and it is their job to figure it out.
Well, I just talked to the principal and was told that they have to take him
but that I should be aware that they have little staff and might not be able
to to accomodate him much and would rather he go somewhere else.
My kid is actually a pretty nice kid, I am soooo sick of him being treated
like that. When is there going to be an educater who will just say
'Welcome and we are committed to make things work" All I ever hear
about is why he's needs are a pain in the butt to them - and they haven't
even met him. Soooo sick of it.

YOu are wise to not get into it with them before your son is there. The school district is in charge of his IEP and in charge of giving THEM the support they need inorder to DEAL with your son's autism.  DOing IEP meeting after IEP meeting until they GET it IS the way to go, IMHO.

The magnet school may not be the child's 'home' school.....it doesnt matter if the magnet school is right next to your house- it may not be the 'home' school.

in ny- we lived right near one(magnet school)- but J had to go to his 'home' school.

i dont live there anymore.... 

the child's services could be provided at the 'home' school...i remember that...

hated the City of Albany...left...

Your child has an IEP, they HAVE to honor it.  Maybe they suggested that because it wasn't his neighborhood school.  Stay on top of EVERYTHING!I am sorry it took me so long to read your post, Micki. Magnet Schools
ARE public schools and are not exempt from any responsibilities to your
child. The EXCUSES they are making are appaling, and seem to me like
they are trying to set the stage to send your child packing. They are
sorely mistaken. Don't listen to them, they are outside of the law when
they say these things. Where are you on the west coast? I have lived in
CA my entire life (SanFrancisco to Santa Barbara to LA) Even CHARTER
schools are not exempt from Special Ed. requirements.

If you are in CA, I am currently attending a parent training advocacy
workshop (14 weeks, 3hrs per week) I have a BINDER full of info to share
with you, if you live in CA--if you don't, I have contacts to perhaps help
you in OR or WA.) California actually has a GOOD rep for autism services.
If your district is outside this trend, you have ALOT of resources available
to make sure they quickly grow into this century!

You have been treated like an interloper, which you are not. Your child
should be welcome at the school. Please PM me, if you have any
questions.
Katherine

My HFA kids went/are going to a fine arts magnet school.  Oldest started there 7 years ago in 2nd grade.  He was in a varying exceptionalities class till they closed that room in lue of full inclusion.  They really did a crappy job with the inclusion with him.

Younger ds started there 3 years ago in the PreK that in on the same campus but not apart of the magnet school.  Full inclusion, but with proper supports.  He was in Kindy last year and had one to one para for 30 minutes a day for skill reinforcement.  The school is doing a better job this time around, but they also know I will be a thorn under their saddle and will not go away and will not agree to move him.  Our district is really pushing the inclusion district wide, so they really HAVE to support him there.

Your district might not be so co-operative and may try to get out of serving your child.  If you want your child to be in an inclusion setting, don't back down and fight for his right to LRE and his right to be educated in the same environment as he would have been without a disability.  Go into the meeting with the attitude that he WILL be attending the school and you are not going away.  That it is his right to be there. 

They may have legal standing to have him attend his new home school, but make it difficult for them.  Ask for everything in writing.  If they refuse to provide a particular service at a certian location ask for the refusal in writing and ask for the statues relating to the refusal.  Ask about the arbitration process.  Ask about your right to an outside evaluation.  Ask lots of questions and don't be shy about speaking up if you disagree with some of their conclusions.  Make sure they know you have done your homework and know your rights.

 

I have recived so much more respect since I started requiring a county staffing specialist to be at every staffing and also making a recording of all staffings and then if a question arises after the staffing, I refer to the decision made at the staffing and cite the recording and what time excatly the decision was made in the meeting.  They have a harder time denying what they said when you offer to play it back for them and the district.

 

Good luck!

I agree. However, not every state has a "county staffing official."  In NY, the county is involved until kindergarten. And they mostly are there to make sure not too much money is spent.  If a parent wants to bring an advocate, that parent pays.  Typically, it costs about 0 per meeting.  It can be well worth it, but lots of parents can't afford that.  You recommendations for putting EVERYTHING in writing (agreements as well as refusals) is spot on. 
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