Is it legal for a public school to make a disabled child wait 30 days to start school?

The wait isn't unreasonably long if your son doesn't already have an IEP. The time lines are set by special education law. If your son already has an IEP from another district, the new school district is legally required to comply with the old IEP for 30 days before writing a new one.

To speed up the special education process if he doesn't have an IEP right now, be certain to put your request for placement and evaluation in writing. This sets up the legal time-line, where orally requesting it doesn't. If your request is in writing, all evaluations MUST be complete within 30 days. After the 30 day window, the school district needs to arrange the IEP meeting to place your son in an appropriate placement. School districts will not tell you of this legal time line, because they don't want to be held to the requirement. Ask the school district *now* for a written copy of your child's special education rights. They *must* provide it in writing at every IEP meeting. It doesn't matter how many other students are waiting for evaluations, the time line is set. Here is a link that explains how to request the evaluations.

http://www.concordspedpac.org/RequestEval.htm

Keep in mind that schools need to do an evaluation and qualify your son for special education before they can write an appropriate IEP. Every Individual Education Plan is different and they can't just place him without knowing how to accommodate his disabilities. The special education laws require a "free and appropriate education" AND one that is based on those evaluations they have 30 days to complete. If you allow too little time for the evaluations, that can sometimes take hours, they won't be accurate and your son won't receive appropriate accommodations. The problem is that what is appropriate for one child receiving special education services wouldn't be for another. They might place your son into a class without the ability to provide the medical services he might require which would not be appropriate. Your child's needs and a child with autism or who is visually impaired will be different. The IEP needs to be written to accommodate his *individual needs*. The school district will receive funding for your child this year. Schools are funded daily attendance. That's why they discourage unexcused absences. They aren't reimbursed for absences. The September count is a preliminary, not final, count.

Here are some other things to do: It's critical you are an advocate for your son's educational program. Find out approximately how much speech therapy and occupational therapy time other students with similar disabilities are receiving. Don't ask the school district, ask parents you know. Join a support group. Parents of children receiving special education services are good sources of accurate information on your child's rights. Others may tell you what they *think* your child might be entitled to. Everyone's biases for against public education may be reflected in what they tell you, so consider hiring an advocate or consulting with a special education lawyer if you have the resources. Be certain that all details are written into the IEP, as it is a legal document. If it says your son will receive an hour per week of speech therapy 1:1, that must be provided, or the school district is not in compliance with the IEP. It is a legal contract.

My son has autism and is non-verbal. It is a constant struggle for me to receive the services he is entitled to. It isn't that the school districts are intentionally trying to deny services, though sometimes they do. It's that because there is so much involved in individualizing instruction, it can be difficult for the school districts to provide the services that students are entitled to. The more you advocate for your son, the better services he will receive.

Here are some other links you might find helpful.

http://wrightslaw.com/

http://www.theparentaladvocate.com/

http://www.mansef.org/assets/pdfs/Advocating_for_Y...

Consider ordering this book about the legalities of IEPs from the NOLO press. They provide excellent self help legal books. You could see if it is available at your local library.

http://www.nolo.com/products/the-complete-iep-guid...

Be strong!! Your son needs you to advocate for him!

Generally you should be able to enter a child in a public school (where they reside) as soon as you register and any educational records are transferred.

Is their any special needs your child needs because of his CP? Such as a wheelchair, constant companion, medical needs? If so, then personnel may need to be transferred/hired to care for your son during school hours which takes at least 4 weeks to accomplish.

Also, since school is already in session your son will be entering a classroom that has a routine for the current students that may have to be altered for a special needs student.

I suggest contacting the school your son will attend again & talking to the principal about the delay in admitting your son.

Ask: What exactly needs to be accomplished before he may attend? What can I do to make this transition easier for him? i.e. half days at first, classroom introduction day, getting classwork from his new teacher to teach him at home, establish a new routine at home that mimics the school day

Keep in mind that you can force the school to accept him NOW if you need to but that probably would not be in his best interest if he has special needs that may not be addressed. But don't let them drag their feet either. Be an active mom that asks questions and be an advocate for your son.

Good Luck

The 45 days is not unreasonably long, if you consider that before they can start the evaluating, they'll probably have at least two weeks' worth of evaluations already on their schedule ahead of you. So they might have an interview with you first, and have you sign permission for them to evaluate, then find an ASAP time/place for them to evaluate (maybe in your home, maybe at their office), then they might need to have some evaluation procedures with one member of the team on one day, another specialty team member another day, and time to receive all his medical records from his health care provider(s). I'm thinking they'll need to have an assessment teacher/educational specialist, a psychologist, an occupational therapist, a physical therapist, at the very least, Then once the information is all collected, they need to have a meeting among themselves to put together a cohesive report so they can give you a written copy and to come up with some recommendations about placement and services they can offer and discuss with you at the meeting they'll schedule with you and any person you choose to have come with you (if any), at least one team member, the principal of the school or a designee, a teacher certified to teach your child -- at the very least. They may have a couple of meetings with you - one with you by yourself to give you the report and interpret the results to you, and another to write an IEP and go over all the stuff about placement and services..

The 45 days sounds unreasonably long. The 30 days does not; remember you are dealing with 'government' schooling now. Yes, they have to provide your child with an appropriate education, but they also call the shots and the make the evaluation on what is appropriate. They can take a week to test and evaluate, a week to interpret the evaluation, a week to set up a plan, yada yada. As long as they are working toward admitting your child, you will have to let government grind at its own pace.

Putting him into the system is not going to remove your responsibility. You will still have to be your child's advocate. I have known parents who decided that homeschooling was less stressful than attending the IEP meetings and networking with all the counselors and experts and having to constantly see that the IEP was being followed. What you are experiencing now sounds as if it will be normal operating procedure.

Get a private evaluation it'll take less time and it's more reliable. Ask the school for a private evaluator list. It sounds like they are going to try to label him as severely as they can. If he needs to be in a 9:1 room they will need to find a place for him without violating anyone's IEP so it may take longer then 1-2 days as they may have to hire a TA for him. Best of luck!

They are probably taking their time, because they know that they won't be getting government funding to cover your child's expenses this year. At least here in Kansas, counting day is around September 19 or 20 every year and the school's government funding for the school year is based off of attendance on that day.

I am including part of the federal law and the key factor is that the public school currently is neglecting their responsibility to provide free appropriate education.

Individuals with Disabilities Education Act, IDEA, requires all states and territories, to provide a public school education to children with disabilities

from ages 3 to 21, regardless how severe their disabilities are. There are several basic rights that this law provides children with disabilities and their parents:

- The right to a "free appropriate public education" at public expense (in some cases, this may include placing a child in a private school);

- The right to an educational placement that is based on an assessment and evaluation of each child's own special needs;

- The right of children with disabilities to receive teaching or instruction that

is designed to meet their needs, these needs must be identified, outlined and included in an Individualized Education Program (IEP) for each child, with a clear, detailed description, of the specific services the child will receive;

- The right to a full range of educational services that may include related services. These may include counseling, special transportation, speech/ language, occupational or physical therapy;

- The right of parents (or guardians) to be included in making decisions about their child's educational needs and to approve the educational plans or their child;

- The right of parents (or guardians) to appeal any decisions made about the identification, evaluation, and placement of the child through a due process procedure.

Finally, IDEA requires that children with disabilities be educated in the "Least Restrictive Environment" (LRE), that is, in a setting with children who have no disabilities, or as near to such setting as possible, with special help and modifications provided to those who need it.

cerebral palsy is not a disability.