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legal protection changes for special needs?

Jellofeets88 profile image
9 Replies

HR899 has been introduced to “terminate the department of education” and it sounds like an executive action is planned to further remove the agency. We have really struggled to find a school for my son because of his behavior and public school is our best option (asked to leave 2 private schools and he’s only 5) - we are pursuing an IEP. I’m worried about the protections in FAPE (what gives us 504 and IEPs) won’t be as enforceable, or really what will happen. Just sharing that this another concern and worry on my already pretty full plate. Thanks for being such a supportive community, I get a lot of insight and encouragement here!

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Jellofeets88 profile image
Jellofeets88
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9 Replies
Agriefobserved profile image
Agriefobserved

Ignoring the news has always proved useful when my plate is full.

Who knows what will happen? Maybe the DoE will be dissolved. Even so, it doesn’t necessarily follow that local special ed will suffer.

We try to take it one day at a time.

Best wishes to you and your family.

Mamamichl profile image
Mamamichl in reply toAgriefobserved

We can’t worry about what might happen, we are too busy thinking about now. Focus on something you appreciate you have rn.

Uptown24 profile image
Uptown24

I'm worried about this. It has been such a struggle to get services for my kid. I've been on news diet, because it been overwhelming as of late, but I have been emailing my members of congress regularly. This is one of the issues that I address to them.

Onthemove1971 profile image
Onthemove1971

We are happy you have joined us. we also welcome any of your questions, since most M likely many others want to ask a similar question. We all fear the worse is coming, but please start listening to calming/soothing music and not the craziness of the world.

Children with special needs will not go away and your local school district "should" fight to keep services going and get get more funding if needed.

The DOE is responsible for many things and special education is a smaller part. More importantly, your local school district is responsible for hiring qualified staff and providing services for your child.

Many of us have been down this road so if you have any other questions we would love to hear them..I hope you can get services set you soon for your child.

Krll profile image
Krll

based on what I’ve been reading, FAPE itself is not dependent on the DOE. But… if DOE goes, who enforces FAPE? I don’t know. “Protection of the law” has always only worked for people who have the education and resources to sue. My guess is that most districts would probably keep doing what they’re doing *as long as $$ remains to support it.* I would keep an eye on where the money goes if you’re going to pay attention to anything.

Nats2005 profile image
Nats2005

On the one hand you're right to feel stressed; on the other hand it's worth taking a few deep breaths and doing a web search for the old Schoolhouse Rock "Just a Bill" song/cartoon. Bills in Congress get filed all the time and many never get anywhere, especially "messaging bills" like this one. And even if somehow it gets through the House the Senate has to pass it to. A quick look will show the Department of Education offers grants to rural schools, schools hit by disasters and similar types of grants for under-served communities. I'd be willing to bet there are just enough moderate Republicans in Congress who understand what their communities' needs and won't be so quick to kill off a department that gets them useful grants. Oh, they'll grandstand of course (like with the infrastructure law), but they'll gladly show up for the ribbon-cutting for the rural school funded with a DOE grant.

Mamamichl profile image
Mamamichl in reply toNats2005

I totally sung this before reading the words. lol! The best we can do is contact our congresspeople about our concerns and trust them to keep it from happening.

Mamamichl profile image
Mamamichl

I’m a sped teacher in Michigan at an online charter school. I recommend asking your states dept of education. They may be making plans if something federally happens. I think they are just taking the nationality of it, but haven’t heard of anything in the works yet myself. There are a lot of bills proposed, and I think that there won’t be enough votes because many on both sides know how detrimental it would be. They can’t just take things away without a plan to put in place.

I have similar concerns with my 14 year old IEP and his 504 plan. His current public school has a social worker that I can address my issues with and the teachers have been very diligent about his 504 and his performance. So, I know if things change they will be cooperative, but next year he starts high school. I have always tried to find a small school. There is only one public school that is small but it is by lottery. All the other school have 500 plus students, large classes, multiple buildings, and lots of wonderful activities. I know my son will find it overwhelming and he will get anxious. So, will his IEP be addressed and an effective 504 plan be put in place. Will the understand his disorganization, lack of time management, and his inability to keep to a task? He is currently on Amphetamine salts 10 mg tablets. We had this medication adjust recently to accommodate his needs in his currently small classroom. Giving him medication was a reluctant decision, but necessary as everything else we tried didn’t work. The major side affect from this slow release tablet is his loss of appetite. We struggled with him eating enough calories. We went completely whole food, organic, grass fed etc. He stills struggles on his medication. He has a therapist, tutor, and a lot of support from his current school. I am truly afraid with this change in government and a new school, things might get worst. What should we do? What should we except? What happens if he becomes overwhelmed?

He was asked this year to sell chocolate for their 8th activities and he spiraled out of control with anxiety and having to balance his schoolwork and selling chocolate. I told him just bring it home I will sell it. You don’t have to worry about it. He got more agitated and said no! They will only ask you to sell more and I can’t handle that.

So, how will he perform in a large school without the proper treatment plan?

It makes me cry and stay up. Sending him to private school is also off the table. We did that before with his ISP and the offer less services and there was no 504 plan. They pulled him out of his classroom to work individually with him. He hated being single out.

I am a single mom and I am very organized and open to treatment and suggestions but I feel overwhelmed. I can’t imagine how he will feel.

I can’t ignore what is happening either. I feel I have to have a plan or I will not be able to provide for him.

I am open to any suggestions.

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