We had an IEP meeting for my 19 year-old son to transition to TCHS in the afternoons and attend SD in mornings for which I signed a NOREP. The SD is now going back on what they said in the meeting regarding a change in high school building placement. Do I go to mediation? They haven't replied to my last email.
We requested a transfer to East HS so that son will not have to see a student at West HS who sexually assaulted him years ago in our neighborhood. The attack did not take place at school and son was not a student in the SD at the time (we live in the same place, but he was in a charter school at that time so technically in a different district. Also, we settled with a lawyer for son to attend private school for 6 years, so son has not in SD). Both boys were under age 14 and both have special needs. It was reported to CYF who concluded that no other authorities should be notified, that there was no legal recourse, and I followed their policies on what to do afterwards. I have said and written this to the SD but they are changing my words around.
In our IEP Meeting, SD said we only needed to submit a formal request for the change in HS buildings and gave me a link for the request letter and nothing else during the meeting. I was told it needed to be short and to the point- it was supposed to be just a formality and after I emailed the request, they emailed me the NOREP. They called to have me sign it while I was on the phone with them, which I did. They had an incorrect name on it, though, so they fixed it and resent it for me to sign again, which I did.
The next day, SD emailed me many forms including Board Policy saying they would like all supporting documentation for the assault (there is none and we do not feel comfortable telling the SD the other boys name).
The policy states:
The Pennsylvania Department of Education, as required by the Unsafe School Choice Option provision of the No Child Left Behind Act (Section 9532), hereby adopts the following standards for a student who becomes a victim of a violent criminal offense while in or on the grounds of the public elementary or secondary school that s/he attends.
Local Educational Agency or LEA - shall include a school district, an area vocational-technical school, an intermediate unit or a charter school.
Victim or student victim - shall mean the student against whom a violent criminal offense has been perpetrated while the student was in or on the grounds of the public elementary or secondary school that s/he attends.
Student Opportunity to Transfer
Except as provided below, a student who becomes a victim of a violent criminal offense while in or on the grounds of the public elementary or secondary school that s/he attends, must be offered the opportunity to transfer to a safe public school within the LEA, including a charter school.
In order for a student victim to be entitled to transfer to another school under these standards, the violent criminal offense first must be reported to law enforcement authorities by the student, the student’s parent/guardian, or school officials.
A student victim (or his/her parent/guardian) may apply to the LEA to transfer to another school within thirty (30) calendar days after the incident is reported to school authorities.
The assault did not take place at SD grounds or schools, we were told NOT to report it to law enforcement officials, and it's past 30 days so none of this is applicable to us. The forms they sent are attached below. My advocates advised not to fill them out and we restated our request, but SD has not replied. What could we do?
Thank you!
NO103-AG-4 Report Form for Complaints of Discrimination11.11.20.pdf
NO103-AG-3 Discrimination Complaint Procedures11.11.20.docx.pdf
NO103-AG-2 Title IX Sexual Harassment Procedures and Grievance Process for Formal Complaints11.11.20.pdf
NO103-AG-1 Letter Documenting Objection to Child Participation in an Investigation11.11.20.pdf
