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Its a simple case! Did they follow the federal laws in accomadating the child? If so, then okay, if not then pay!
My own child had some minor behavior problems at that age, and I constantly got called from my job to come get him from school. By the teachers words "he was annoying" sorry chick you gotta give me more than that. What exactly did he do? She couldnt answer, shrugged her shoulders, and when I asked her again "what did he do, and did you ask him to stop" she shrugged her shoulders again and said "NO" That is an example of an expensive babysitter gone wrong. Really dont call me at work to come get my child if you havent done your job as the "adult."
Now, back to your original question of why the school is responsible. More than likely, the parents would have to provide documentation of a disability in the form of a doctor's order, medical records, and such, and how it effects his education. And if the school failed to accomodate the disability, then they can be held liable for damages. If the school personnel denied him and IEP (Individulaized Education Plan). IEP's must help children.reach their educational goals in the least restrictive envioronment possible. There are laws that maintain that these IEP's must be updated to address the individual child's needs all the way thru high school, and some public funded universities See 34 CFR 300.320
Determination of eligibility for special education. Before an IEP is written for a child with a disability, the school must first determine whether the child qualifies for special education services. To qualify, the child's disability must have an adverse effect on the child's educational progress. Merely having a disability is not sufficient for eligibility.
To determine eligibility, the school must conduct a full evaluation of the child in all areas of suspected disability. Based in part on the results of the evaluation, the school along with the parents meet to review the results and the child's current level of performance and to determine whether special education services are needed
If the child is found eligible for services, the school is required to convene an IEP team and develop an appropriate educational plan for the child. The IEP should be implemented as soon as possible after the child is determined eligible. IDEA does not state specific timeframes for each step. However, some states have added specific timelines that schools must follow for the eligibility,
Redicoulus that the people who are supposed to enforce these laws, allowed him to go on doing this, since most of the states in our country adopted the Three Strikes your out laws in the early 90's. If truth be known, he probably drove drunk to/from the court hearings. Of course it doesnt surprise me in the least when we have one disabled elected official driving around intoxicated, making excuses for his conduct. What if he had killed someone? Then what? Just one more example of stupid is as stupid does.
Maybe they should start with a mirror!
OMG, I am LMAO at their futile attempts. They are really working the sweat glands on these cases. Gee a whole 10 percent of their time, and now they will have two prosecutors who are divided by 5 different counties, Callaway will have 28% of the caseload, and spend 1/4 to 1/3 of their time on these cases. Wow, geniouses!!!! And this is why we need more funding for math teachers!!!!!! There are already laws on the books about child support $5000 and over becomes felony non support, so I wonder why my ex has not been prosecuted, cause according to the Family Support Division, he now owes $30K in arrearages, has only made three payments in the past 5 years, and that was only because he actually filed a tax return. Could it be hmmmmm "SELECTIVE PROSECUTION?" And Family Support Division has referred this case to Callaway County Prosecutor's office 4 times in 2008. Again, I see where they burned the midnight oil, worked diligintly, and in the meantime the deadbeat dad has concieved more children that he wont support. And here is one even better: Our tax dollars are paying for the revolving doors of the shelters, rehabs, hospitals, and other services he abuses. And before anyone says anything about new leadership, please?????? Chris Wilson has worked in the same courthouse for years, just now in a different job classification. Non business as usual!!! Just sayin, some of these so called leaders need to grow a pair!
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