middle school placement

February 21, 2004

Hi Everlyone,

I usually just read, learn and stay quiet on this list, but now I have a

question regarding placement for my daughter next year.

My daughter starts middle school next year. She is fully mainstreamed and uses

an interpreter. We want to send her to a campus other than where the regional

day school is housed. We requested this in writing and were told that that was

not a choice since " students with an auditory impairment who need special

education services such as an interpreter are placed in a centralized

program.and centralized programming was established in 1973 by the Texas

Legislature and has been upheld by the 5th Circuit Court of Appeals. "

All hearing students in a mainstream setting are given the choice to attend

their home school, a special interest program at another school or transfer to a

middle school of their choice that has space available. The school that we want

her to attend is her home school because they have an applied learning team and

they have better test scores on the state mandated test.

I am looking for input on this 1973 decision and any other ideas that you might

have on how to appeal this and approach this in a tactful but firm way. Also, am

I right in understanding that the ARD committee determines placement which would

include this situation on the campus she would attend?

Thanks for your help.

Quita

February 22, 2004

Quita,

Unfortunately I know nothing about Texas law, and I would make an appointment

with a lawyer to dicsuss the law they are using to justify their choice of

placement.

In New York, the key is an " appropriate placement " in the " least restictive

environment " and there is no law that I know of that mandates a centralized

location.

My son is also completely mainstreamed and for him the LRE is the local

middle school where they have NO established services for HOH/deaf kids. In NY

there is a state-run county-level entity called BOCES (Board of ative

Education) that provides all kinds of special services to the schools in their

county. Our son's TOD is provided through BOCES. If he needed an interpreter

than

that would also come through there.

The fact that your local school has the applied learning team and better

academic record could be an argument for local placement. If you were in NY I

could suggest how to fight this. But your state law is different from ours. I

don't know if an LRE placement trumps the 1973 decision.

Sounds like the school is trying to disuade you from pushing your request by

quoting the law -- which may not be completely accurate. It is less expensive

for them to educate your child in that centralized setting than to provide her

services at your local school. Money may be the motivation here, not you

daughter's best interest.

I'd call a lawyer for a consultation, often the first visit is free to

determine whether you really need a lawyer at this point. No harm in making a

few

calls. Ask about the lawyer's experience -- you want to find someone who is

knowledgeable in education law. Ask if the first consult is free, because you

are

not sure if you need a lawyer. Mine was very kind and did the consult with me

over the phone and gave me some very good advice.

I hope someone else on this list knows about Texas ... I wish I could give

you a definite answer!

Best of luck -- Jill

February 22, 2004

Quita,

Unfortunately I know nothing about Texas law, and I would make an appointment

with a lawyer to dicsuss the law they are using to justify their choice of

placement.

In New York, the key is an " appropriate placement " in the " least restictive

environment " and there is no law that I know of that mandates a centralized

location.

My son is also completely mainstreamed and for him the LRE is the local

middle school where they have NO established services for HOH/deaf kids. In NY

there is a state-run county-level entity called BOCES (Board of ative

Education) that provides all kinds of special services to the schools in their

county. Our son's TOD is provided through BOCES. If he needed an interpreter

than

that would also come through there.

The fact that your local school has the applied learning team and better

academic record could be an argument for local placement. If you were in NY I

could suggest how to fight this. But your state law is different from ours. I

don't know if an LRE placement trumps the 1973 decision.

Sounds like the school is trying to disuade you from pushing your request by

quoting the law -- which may not be completely accurate. It is less expensive

for them to educate your child in that centralized setting than to provide her

services at your local school. Money may be the motivation here, not you

daughter's best interest.

I'd call a lawyer for a consultation, often the first visit is free to

determine whether you really need a lawyer at this point. No harm in making a

few

calls. Ask about the lawyer's experience -- you want to find someone who is

knowledgeable in education law. Ask if the first consult is free, because you

are

not sure if you need a lawyer. Mine was very kind and did the consult with me

over the phone and gave me some very good advice.

I hope someone else on this list knows about Texas ... I wish I could give

you a definite answer!

Best of luck -- Jill

February 22, 2004

Quita,

You will get quite a few responses to your e-mail and from people on

this list who know a lot more than I do. We live in Houston and started

mainstreaming my daughter since Kindergarten - they tried very hard to

have her go to the regional day school and after visiting we would not

even think about it. We actually did not have a problem keeping her at

her home school once she was in - it was getting the services she needed

that was hard. We hired a lawyer and got what we needed.

Amy

middle school placement

Hi Everlyone,

I usually just read, learn and stay quiet on this list, but now I have a

question regarding placement for my daughter next year.

My daughter starts middle school next year. She is fully mainstreamed

and uses an interpreter. We want to send her to a campus other than

where the regional day school is housed. We requested this in writing

and were told that that was not a choice since " students with an

auditory impairment who need special education services such as an

interpreter are placed in a centralized program.and centralized

programming was established in 1973 by the Texas Legislature and has

been upheld by the 5th Circuit Court of Appeals. "

All hearing students in a mainstream setting are given the choice to

attend their home school, a special interest program at another school

or transfer to a middle school of their choice that has space available.

The school that we want her to attend is her home school because they

have an applied learning team and they have better test scores on the

state mandated test.

I am looking for input on this 1973 decision and any other ideas that

you might have on how to appeal this and approach this in a tactful but

firm way. Also, am I right in understanding that the ARD committee

determines placement which would include this situation on the campus

she would attend?

Thanks for your help.

Quita

February 22, 2004

Quita,

You will get quite a few responses to your e-mail and from people on

this list who know a lot more than I do. We live in Houston and started

mainstreaming my daughter since Kindergarten - they tried very hard to

have her go to the regional day school and after visiting we would not

even think about it. We actually did not have a problem keeping her at

her home school once she was in - it was getting the services she needed

that was hard. We hired a lawyer and got what we needed.

Amy

middle school placement

Hi Everlyone,

I usually just read, learn and stay quiet on this list, but now I have a

question regarding placement for my daughter next year.

My daughter starts middle school next year. She is fully mainstreamed

and uses an interpreter. We want to send her to a campus other than

where the regional day school is housed. We requested this in writing

and were told that that was not a choice since " students with an

auditory impairment who need special education services such as an

interpreter are placed in a centralized program.and centralized

programming was established in 1973 by the Texas Legislature and has

been upheld by the 5th Circuit Court of Appeals. "

All hearing students in a mainstream setting are given the choice to

attend their home school, a special interest program at another school

or transfer to a middle school of their choice that has space available.

The school that we want her to attend is her home school because they

have an applied learning team and they have better test scores on the

state mandated test.

I am looking for input on this 1973 decision and any other ideas that

you might have on how to appeal this and approach this in a tactful but

firm way. Also, am I right in understanding that the ARD committee

determines placement which would include this situation on the campus

she would attend?

Thanks for your help.

Quita

February 23, 2004

Hi, I talked to the lady at our school co-op this morning, and she

said that she had just returned from meetings that went over the Laws

regarding placement for HOH students. She said that Sec 504 ( which I

see has already given you a link to ) says that you have the

right to decided where your child is placed. You might also look into

contacting an advocate to accompany you to meet with the school. The

dear lady this morning also said that the schools motivation was

money... she said our district is paid $604 a day for each HOH child.

Sharon

February 23, 2004