| Subject: Re: re-eval to qualify for college services? |
Author:
Keith
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Date Posted: 19:01:25 11/14/10 Sun
In reply to:
cynthia
's message, "re-eval to qualify for college services?" on 17:03:30 08/25/10 Wed
Actually no that is not the law. The bases for what they are doing is Plublic Law 94-142, and Public Law 99-457. These laws were writen to apply to public school students only. They do not apply to secondary education.
The law actually states it is the schools requirement to test a student every 4 years. This is done to insure the student gets the most appropriate and nessacary accomidations for that specific individual. That is very important, not for just that specific disability, but also for that specific individual. This is because like any other disibility they can be individually unique and different.
The law also goes on to say the student has a right to refuse testing, and by no means can the school use this as a means to denine the student their consituntional rights.
This is a requirment of the public school not the student.
Now in secondary education, they actually use this as a means to limit the student, refuse accomidations, and place hardship on the student.
The Rehabilation Act which later also became the Disability Act clearly states that a person who has been refered to, dianosed or documented as being disabled has a right to such accomidations. Now were does it state they need to be contiounusly retested to recive such accomidations. The law even goes as far to say this is true even for people who have mistakenly been dianosed for such disability.
Those are your actual rights. Now what most likely will happen though is that your rights dont matter. They will do everything in their power, since they have all the power to make your daughter do whatever it is they want, if she wants accomidations. And, when she gets accomidtions, it will most likely only be one accomidation, extended test time. Which will most likely be designed to creat even more hardship on your daughter.
What I would sugest is to write your congress man and request all laws that relate to disability rights, and how they pretain in the educational system. That is how I was able to finaly get the laws. I find the hard copy is much more eaiser to work with, than the ADA Justice Department web sight. Though now days you can also read the subject there as well.
The facility that the school recomended your daugher to be tested at, should be most likely designed to do free of charg. If not, then you can look up "Texas Rehabilatation", this facility is under a different name now, but should pull up with the search name I gave you. That will set it up for your dauther to be tested for free.
After your daugher is tested and the school alows your daughter to get services through their disability department, they will require your daughter to sign a peace of paper. I see this peace of paper as the shools way of trying to protect them self legaly. So they can say your daughter agreeded to whatever accomidation they force apond her.
Like any paper a person signs, there should also be a comment section were your daughter can write her own comments on. This is were I strongly sugest that she writes all of her grevances on that sight, in as much detale as she can so to document how the school has discriminated against her, and for her to then request a copy. Because there is no dout the school will conviently lose this paper, and if your daughter does not get a copy, she will have no proof of such discrimination.
I had gone though this through many school and other goverment funded associations for many years.
I hope it helps
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