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Do I need a lawyer for this?

Hello everyone!

I am a mother to a 7 year old boy who is High
Functioning. First let me give you a little history. We
had just moved to Hinesville, GA from Weatherford, TX and
he did excellent in his Kindergarten class there(They
have awesome Autism support and teachers) (we're
military) and enrolled him in the school he was "Zoned"
to. Well he HATED it. They couldn't reach him on any
leave. My son who was a happy and loving child turned
into something else completely. You could tell he was
stressed out, tired, and upset after coming home from
school everyday. They couldn't keep him in the classroom
because he just kept telling them he wants out like he
needed to break free. They couldn't even get him to do
ANY work. It was so surprising to my husband and myself
so after a couple of weeks of this I called for an
emergency meeting to do a reevaluation of the situation.
After having 2 meetings they finally agreed that he
needed to be in a school that had a Autism specialist
teacher. We made the switch to school right after
Thanksgiving break and ever since he has been doing
fantastic. My son is back to his happy fun loving self.
Now here is were I'm seeing a problem.

Now that he is doing sooooo very well in this school the
school board is going to want him to go back to the other
school. How do I fight this? Do I need a lawyer? He stays
in his reg. 1st grade mostly all day and then has 2
subjects with his Autism teacher if that at this time.
His Autism teacher and myself feel that if they make him
go back to the other school he will revert back to the
bad behaviors of before and we'll be right back to square
one. I want to keep him in this school for my son's peace
of mind and also to keep him in close proximity to the
Autism specialist. I am willing to do whatever it takes
to keep my son in this school. He is getting all A's and
he is so happy and loves his teacher's and has many
friends here and I don't want that to end for him. I
don't know what it was but my son just could not cope
with the other school.

Any suggestions or advice on this matter would be GREATLY
appreciated!

Thanks,
Rebecca

Oh, also need to know one more thing. If I do need a
lawyer for this situation what type of lawyer would I
need?

Do you know for sure that they want your son to transfer back to the other school?  This is a big decision that goes against you're son's best interest, and I think the district would have a hard time making the transfer without your support.

Do you have an IEP in place?  Placement is an IEP team decision and that will give you a forum to make your arguments and resist the transfer.

Whether you need a lawyer is a fact-specific decision and you haven't really provided enough information to know if it's time.  If you hold an IEP meeting where the district insists on the transfer back, you can refuse to sign the IEP and get a "stay in place" order that keeps him in the current school.  At that point you could talk to a lawyer.

You will want to find a lawyer that specializes in education issues.  Typically a big city will have a handful of attorneys with this type of specialization.  I don't know about your area - you'll need to ask around.

Thank you so much for responding!

We do not know for certain at this time. It's just been
implied several times that they would like for him to go
back to the other school especially for next year. Yes,
he does have an IEP and it says in his IEP that he needs
to be seen by his Autism teacher at least once a month
and he also needs to see his occupational therapist and
speech therapist(these 2 are a few times a week) which
are all in this school that he is in now.

I think that he will being staying at this school for the
rest of the year. Now that could change and they could
end up telling me they want him to return to the other
school before the school year is out but I don't think
that will happen. I just wanted to know what I could do
on my end to keep this from happening. That way I am
prepared before hand should anything happen that I do not
agree with.

The closest "big city" to us is Savannah,GA so I'll check
into it. If there's anyone who knows the area I'd really
like to know your suggestions :)

Thanks again!
Rebecca
 

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