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Intra district transfer and no room in resource

Submitted by an LD OnLine user on

I need some advice as to how to deal with this issue and am hoping that someone may have had to deal with this issue. My son went to the same elementary school on an intra district transfer from K through 5th. When it was time to move to middle school for 6th grade, we were told that we could not get him in the middle school on a transfer, so we opted for a private school. After two months, my son was so miserable, missing his friends, etc. that he just gave up trying and was basically failing. In desperation, I called the principal of the middle school where his friends went, and they had a place for him. HOWEVER, the principal made it clear that there was no room in the resource program. That seemed okay at the time because my son was on a “watch and consult” status in regard to his IEP. Now, he is happy again, loves school, and trying hard, but he is not making it academically and barely getting C’s. We met today with his teachers, the school psychologist, etc. who again tell us that our son really needs help in a resource program, but they simply do not have the room, and they will not make an exception because he is there on a transfer. They have suggested that we move him to another middle school within our boundary where there is a great program which would be open to him. We are really agonizing here. We want him to get the help he needs, but I know that he would be absolutely devastated if we took him out of this school. I also have no doubt that, if we do, he will shut down and stop trying as he did before. The school has basically asked us to try upping his meds (he 11, and on 5 mg. of Adderall a day, a low dose), and they will put some 504 accommodations back in place, and see how he does. They have agreed to try this until the end of January. My concern is, if upping the medication and 504 accommodations do not help, can they FORCE us to move him another middle school? As much as we want him to have the help he needs, I know in my heart that whatever gains he might make academically in another school with a resource program would be outweighed by loss in self-esteem, sense of well-being, motivations, etc. Hope someone has had to deal with this and can help. Thanks!

Submitted by Anonymous on Wed, 03/14/2001 - 5:00 AM

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: When a school is “impacted,” they are not required to accept transfers from outside the district. Recource teachers are becoming harder and harder to find, I can understand that the district might have space in general ed., but have a full resource program. In my district this is perfectly allowable.

Submitted by Anonymous on Wed, 03/14/2001 - 5:00 AM

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Here in California, if the school district accepts the child, they must also provide all necessary services. I really assumed this was a federal law. When my son started kindergarten three years ago, the district accepted my 2 daughters as intradistrict transfers but made the mistake of saying they wouldn’t take my son because he had autism. I contacted an advocate who spoke to the school district attorney and the district did an abrupt turn-around.

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