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Question:
My son was kicked out of a Charter School
for his behavior. I home school him now, but he has been diagnosed
with ADHD and the special needs are too much for me. I want to get him
back into school, but I know he needs a 504 plan in order for him to
be successful. What options do I have?
Answer:
Unless a child is formally expelled from a charter school under
Michigan's "zero tolerance" laws for possession of weapons or drugs,
he can re-enroll in the public school where he is a resident. (of
course they will not be too happy as the state aid for at least 1/2
the year has already gone to the charter school).
If parents suspect that their child needs special education services
under IDEA, they should go to the school's special education
department and give them a letter asking for an evaluation for special
education eligibility. The letter should also tell the school why the
parent thinks the child is is eligible. The parent should also ask for
the school's "evaluation referral form" and sign it giving permission
to evaluate. Once it is signed, the school system has 30 school days
to complete the evaluation and meet with the parent to review the
results and provide a decision as to eligibility.
If a child is not eligible under IDEA, the parent can appeal that
decision (via mediation or a hearing) or ask that that the school find
the student eligible for accommodations and program modifications (not
generally services) under section 504.
See the Bridges4Kids web site under Ask the Attorney for a number of
previous answers that discuss IDEA v 504, etc.
John Brower, JD
Education Law Center, PLLC
www.michedlawcenter.com
Education Law Center, PLLC · 810-227-9850
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www.michedlawcenter.com
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