the school does not follow the IAT what legal recourse do I have?
2007-02-12 07:51:42 · 8 answers · asked by gammieohio 1 in Education & Reference ➔ Special Education
By IAT, do you mean he is in special education? If so, there are laws schools and parents are suppose to follow called 'IDEA' individuals with disabilities educational act.
The next legal step is to file a formal state complaint with your state dept of education becuase they are not following the childs plan.
From what I have heard, IAT stands for 'individual academic team'. Is this true in your case?
All schools must have 'intervention programs' to help children who need it. This is NOT special education. These intervention programs do not have laws to abide by, so they will say they will do anything and then don't. And you can't do a thing about it.
I have always heard that IAT is the schools intervention team program. Special ed is always called IEP.
First thing you need to do is find out if your child is in special education and has an IEP plan, or if this IAT is just the schools 'intervention program'.
If your child IS in the intervention program, there is nothing you can do legally to make the school do right.
BUT, what you can do is write to the district special education director and request a 'full educational initial evaluation testing in all areas of suspected disabilities as specified by IDEA law'.
You HAVE to use that phrase so they won't ignore you, and so they will be obligated by law to do this eval.
I bet if your child is in the 'intervention program' the school has probably told you the child HAS to be in this program first before they can have the special ed eval done. ILLEGAL.
They might have told you they have to do a 'screening' first before your child can have the special ed eval done. ILLEGAL
They might have told you they have decided that your child can't have the special ed eval done, and that you can't request it.
ILLEGAL
No matter what they have said or done in the past, if your child is NOT in special ed, the next legal step is to write the letter requesting the special ed eva. Everything in the past will be null and void when they get your request.
If this IAT you are talking about is the schools intervention team and is NOT special ed, this program does NOT have the type of help that special ed kids need. By law,they do not even have to do anything at all. That's why it' s best to get your child help thru special ed.
Please go to www.schwablearning.org and sign up for free to post on their 'parent to parent' message board. They can really help!
If you need to talk more, email me at sisymay@yahoo.com
Hope this helps!!
2007-02-14 07:19:22 · answer #1 · answered by jdeekdee 6 · 1⤊ 0⤋
By law, the school must follow students IAT's and IEP's. Students with disabilities must be educated within their education plan. Technically, you are able to sue the school for not complying.
I would suggest beginning with the principal, and working your way to the state board of education, and make very clear that you know that the school is out of compliance. It's your obligation to make the school aware of being out of compliance, but it's THEIR obligation to fix it. So, if the principal is unresponsive the first time, go immediately up the chain of command. If your district is not helpful, then the state will be. You can do all of this without an actual lawyer (which saves you money).
Usually, you don't have to go far, because most school districts can't afford a lawsuit.
2007-02-12 08:33:35 · answer #2 · answered by avast 3 · 1⤊ 0⤋
If you spoke to the school and they are not following the IAT then contact the superintendent over special education. You should also contact a local Autism Society or FEAT (Families for Effective Autism Treatment) group in your area. They will be familiar with the nuances of your district and the resources available locally to deal with them.
2007-02-12 12:15:44 · answer #3 · answered by Starshine 5 · 0⤊ 0⤋
I am in Ohio and my daughter has an IEP individual education plan.
She has articulation problems that make it hard to understand her speech completely. I did not want her speech therapy stopped over the summer by the school. I went to my local association for children with disabilities and asked for a FAMILY ADVOCATE! This person helped me understand my child's rights and we convinced the school to extend her services through the summer through a local clinic at no cost to me.
I do not know if this will help you look for sometime of organization to help you!
2007-02-12 08:02:54 · answer #4 · answered by missy w 1 · 1⤊ 0⤋
They HAVE to follow it. It's the law. Your child's rights under the disabilities act are being violated. Get a lawyer now before this goes any further.Demand a meeting with the team and bring this up. They will sit there and say that yes it is being followed but if you feel it isn't you have the right to challenge them.
2007-02-12 10:38:04 · answer #5 · answered by redwidow 5 · 1⤊ 0⤋
http://www.ed.gov/parents/needs/speced/iepguide/index.html
If it is in his IEP that he needs an IAT then the school has to comply by law. If it is not, you will have to change his IEP.
2007-02-12 08:01:58 · answer #6 · answered by littleredhen 3 · 0⤊ 0⤋
In my opinon is that you Should Sue the school for this.
2007-02-13 10:00:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
sorry are you in the UK or USA.................
how is your son with spatial awareness..........?
Dealt with several ASP children...........how old is he?
2007-02-12 07:59:41 · answer #8 · answered by candy g 7 · 0⤊ 0⤋