Our daughter is 5 years old and is diagnosed with Apraxia of Speech. Apraxia is a neurological disorder that affects her speech. She is currently on an IEP and the school district is telling us they are unable to meet her IEP needs at the public school she was accepted to for fall 2014. They are telling us this is because the district already determined that the speech therapist will only be given 5 hours a week at this school despite what children's IEP requirements are. We feel like this is not meeting her Individualized Education Plan, but is rather a predetermination by the school district.
You need to look up the Legal Center for People with Disabilities in Denver on Sherman Street here on the internet and give them a call. I worked for their Salt Lake City office throughout law school and they represent people for free, based on taxpayer funds. One of us could represent you, but it would be expensive.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
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You can force the school to comply with your child's IEP. You should consult a special education attorney and get assistance. You can find one here on Avvo.com.
Best of Luck!
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Education Law Attorney
The IDEA presumes that your child will be educated in the local or neighborhood school that she would attend, regardless of whether she has an IEP. As a general rule, if the student is not making satisfactory progress in the local school, despite the provision of supplementary aides, supports, and services, then and only then should an alternate educational setting be considered. If the school district is making a categorical decision at the onset to exclude her from that school due to the administrative convenience of the school district by not having sufficient SLP services in her new school, rather than having sufficient services that would address your daughter' individual needs as listed in the IEP, then your state Department of Education is supposed to investigate informal complaints such as what you have described in your post. If the State Department of Education informal complaint resolution process is not effective or a viable option for you, then you should consult a knowledgeable special education attorney about your concerns in order to determine whether there has been a denial of a Free Appropriate Public Education (FAPE) because your concerns with the predetermination/categorical decision making resulting in your daughter not being placed in the Least Restrictive Environment (LRE). There are decisions out there that discuss a denial of FAPE based upon predetermination and categorical decision making by school districts, however, whether those decisions would be applicable to your daughter's situation should be made by an attorney who has consulted with you and reviewed the relevant educational records and applicable law.. On final thought, have you visited the proposed school for next year? If not, then you should consider a visit so you can have additional information for the next IEP meeting and/or informal complaint such as the travel distance from home, peer group, array of services, etc. Please note that depending on where you live, this general information could differ and that is the reason that you should consult a knowledgeable special education attorney in your state before making any decisions about the formal or informal administrative remedies and other rights listed in your Procedural Safeguards.