Why do they do this to us??????????????

Pam,

I’m sorry to hear you are going thru such difficulties so early on in the year. As to answer your question of why… can’t really answer that one. Skipping down to the last question as to quitting school… I understand the emotion and the desire to spare one’s child from pain, but there are alternatives.

I would pile together the documentation from the previous meetings you mentioned, I would attach the signed IEP, I would attach a copy of the subsequent letter you sent to the teacher, I would WITHOUT EMOTION state what has happened up till this point that is in direct violation with the IEP and the LAW, and I would send this letter/package to the director of special education of your child’s school district, cc’ing a copy to the Superintendent. I would invest the $ to send these letters CERTIFIED MAIL RETURN RECEIPT requested. Also, request that no phone calls be made to your home to further disrupt your family life. Give them an e mail address, a fax number or any other manner in which to respond where you can document the communication and let them know you will respond immediately. ALSO, turn on your phone machine, make sure the whole family and close friend know that you will be screening calls for a while, and DO NOT ANSWER THE PHONE IF YOU DO NOT WANT TO BE CAUGHT OFF GUARD BY A SCHOOL ADMINISTRATOR! They will call at any and all hours to catch you off guard, believe me. When they do, send off another letter, requesting they respect your request to not disturb your family, but to communicate in the manner you requested in the letter dated blah blah blah.

In case you do get caught with a verbal conversation, phone or otherwise, follow that up with a letter of understanding what was said and what will be done, and request that letter be responded to IN WRITING as well.

I would use the attached documents as “evidence” and point to the place in the documents (like the IEP) and say something to the effect like “this is in direct violation of my child’s IEP (EXHIBIT “A”) attached…

Most difficult part will be to remove any and all emotion and keep it completely factual. I would add in about the incidences of humiliation, but keep it to the point of when the IEP has been violated, the result is severely damaging to the child…

I would spend some time with the law and those on this bb (Socks :) who can help with identifying where the laws are located and then cut and paste the violations right into the letter so there is no misunderstanding that you mean business and know what you are talking about.

I would finish the letter by requesting that the district respond to you IN WRITING regarding how this matter is to be resolved. One possible option for you to consider at this point is to request that all schoolwork be provided to you as you are going to have your child stay home until this issue is put to rest. It is abundantly clear that the district cannot, and will not implement your daughter’s IEP, therefore you will see that it be done during the interim, until the district can. Your daughter’s well being is at stake and you are right to be concerned for her general state of health.

I understand the frustration. I understand the anger and pain. I wish to encourage you to show your daughter how to survive this dilema and grow stronger, not quit when it gets tough, painful, embarrasing etc…

I will also tell you that this is at the very least, setting things up for a battle, which I’m not all that sure I would encourage anyone to take. However, it is possible, sometimes if you look prepared enough, districts will take notice and clean up their acts. That would be wonderful. We went thru the battle, essentially lost within “their system”, but that was after we removed our son from school and tried to make things right. At this stage of life, if your district doesn’t wise up and mend their ways, I might be inclined to suggest you simply take your money and place your daughter elsewhere, non-public, in an environment where she can learn. But this is for later consideration, just a view down the path… right now, gather your information and start working on that letter.

By the way, anytime you prepare a letter, NEVER send the first (second or third) drafts. ALWAYS sleep on it and give it a good review, edit what needs editing, add what you have forgotten, because you will have, and then when you send it off…FORGET ABOUT IT, you can’t change it any more, don’t second guess yourself, let the river take it’s course.

Needless to say, if you do not have a paper trail started, get going on that. Keep a log of what has happened, back date it up to this point, be direct, accurate and do not put in things that you wouldn’t want others to read. Keep double books if you wish and in your secret journal, write your emotions and what ever you wish.

I encourage you to gather your strength, trust your convictions, maintain a sense of humor (particularly at the depths), and don’t lose sight of the rest of life, you are teetering at the edge of a potential life storm; don’t let it devour you or your family.

Best regards,

Andy

This kind of pain was so bad for my son that he did finally quit. I still work with him on knowledge acquisition and encourage him toward school programs, but I’m not sure he’ll ever go back and get his diploma. I doubt he’ll be able to pass the GED test. Not because he doesn’t know things, but because he’s a pitiful tester.

I fought and fought and battled on. We were finally at peace when school was over.

Now I’m a teacher and try to give students some peaceful space—a safe haven and positive learning environment.

I think teachers should be individually and personally accountable for civil-rights issues. I don’t think teachers’ unions or Boards of Education should fund the defense for teacher if they are brought up on civil rights charges. I see it every day and it makes me furious. When I, as a special education teacher, try to intervene, I get in trouble with the regular education teachers and then with the principal for interferring in their classroom. They are gods & goddesses of their tiny kingdoms. Capes, robes, and crowns. I think they should be held accountable for their behavior just as students are asked to do.

It is funny that you would mention civil rights Susan. I was thinking the very same thing. As Andy of course mentioned above what you are describing is violating lots of IDEA sections,but it is also violating her very right to not be harrassed,humiliated,and be placed in a position of wanting to quit! GRRR.

I have always left the GED option in the back of my head. I would most certainly allow my kid to take the GED if he was in a situation like this. I would also nail the crap out of these teachers and school. That’s just me,I am a fighter. I think it is because I too am LD,think maybe ld adults are fighter’s in general,probably because of the BS like this that we all encountered.It’s not the BS endured,that will adversly effect your daughter’s self concept and esteem,it’s what is done about it, that will.Again my personal humble opinion. No doubt someone else will come up and say,I am off base.Yup,I sure am:-)
Anyway,here is what I hear you say: Your daughter has specific objectives written in her IEP that has become obvious no one is following. After writing a letter to the teacher,not only did they not respond,the harassment has become stronger,more evident.

I would most definitely do exactly as Andy suggested,EVRYTHING,I would want to document what they are doing,because when I filed my civil rights and or/State complaint I would want lots of documentation to back myself up. So far you have,the letter you wrote to her teacher’s,the lack of data the school has in regards to the assistance stated on the IEP. You need more..

Until they are held accountable,until they know, YOU know what your kid’s rights are,they will do as they wish. There a good teacher’s,as a matter of fact there are some great teacher’s,but there are really bad ones too.For me,fighting back,restored,even improved my kid’s self esteem.They learned,( I have two kids)how to advocate for themselves,and what was right and what was wrong. That we would not allow someone to do what they wished,without being held accountable.

Okay, for the regs:
All your IEP sections are 300.340-300.350
the two most important would be 300.341,and 300.342 which basicly state that the state is ultimatley responsible to ensure that the district make sure that the schools know of the IEP,are made to implement that IEP,and to comply with the provisions stated in the IEP.
For me,I always wanted to let my district administrator know that I knew that I could always go above them,and ask the State to take care of it if they wouldn’t.
Now some other laws;
504 antidiscrimination laws also speak to the teacher complying with the IEP,AND it also speaks of NOT harassing and discriminating,due to your daughter being a student with a disability.
You can find this law
www.ed.gov/OCR/html once on this page go to “know your rights” and you will then see disability rights,go to this link and it will take to 504 law.
I also have a page where I put most of these links on
http:/expage.com/socksandfriends
ANOTHER really good memorandum to print out and send with your letter to the sped director is this:( I would put the address instead but I lost it somewhere? so I copied and pasted,sorry)

Prohibited Disability Harassment — Reminder of Responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act:

UNITED STATES DEPARTMENT OF EDUCATION
WASHINGTON, D.C. 20202

July 25, 2000

Dear Colleague:

On behalf of the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education, we are writing to you about a vital issue that affects students in school - harassment based on disability. Our purpose in writing is to develop greater awareness of this issue, to remind interested persons of the legal and educational responsibilities that institutions have to prevent and appropriately respond to disability harassment, and to suggest measures that school officials should take to address this very serious problem. This letter is not an exhaustive legal analysis. Rather, it is intended to provide a useful overview of the existing legal and educational principles related to this important issue.

Why Disability Harassment Is Such an Important Issue

Through a variety of sources, both OCR and OSERS have become aware of concerns about disability harassment in elementary and secondary schools and colleges and universities. In a series of conference calls with OSERS staff, for example, parents, disabled persons, and advocates for students with disabilities raised disability harassment as an issue that was very important to them. OCR’s complaint workload has reflected a steady pace of allegations regarding this issue, while the number of court cases involving allegations of disability harassment has risen. OCR and OSERS recently conducted a joint focus group where we heard about the often devastating effects on students of disability harassment that ranged from abusive jokes, crude name-calling, threats, and bullying, to sexual and physical assault by teachers and other students.

We take these concerns very seriously. Disability harassment can have a profound impact on students, raise safety concerns, and erode efforts to ensure that students with disabilities have equal access to the myriad benefits that an education offers. Indeed, harassment can seriously interfere with the ability of students with disabilities to receive the education critical to their advancement. We are committed to doing all that we can to help prevent and respond to disability harassment and lessen the harm of any harassing conduct that has occurred. We seek your support in a joint effort to address this critical issue and to promote such efforts among educators who deal with students daily.

What Laws Apply to Disability Harassment

Schools, colleges, universities, and other educational institutions have a responsibility to ensure equal educational opportunities for all students, including students with disabilities. This responsibility is based on Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which are enforced by OCR. Section 504 covers all schools, school districts, and colleges and universities receiving federal funds. Title II covers all state and local entities, including school districts and public institutions of higher education, whether or not they receive federal funds. Disability harassment is a form of discrimination prohibited by Section 504 and Title II. Both Section 504 and Title II provide parents and students with grievance procedures and due process remedies at the local level. Individuals and organizations also may file complaints with OCR.

States and school districts also have a responsibility under Section 504, Title II, and the Individuals with Disabilities Education Act (IDEA), which is enforced by OSERS, to ensure that a free appropriate public education (FAPE) is made available to eligible students with disabilities. Disability harassment may result in a denial of FAPE under these statutes. Parents may initiate administrative due process procedures under IDEA, Section 504, or Title II to address a denial of FAPE, including a denial that results from disability harassment. Individuals and organizations also may file complaints with OCR, alleging a denial of FAPE that results from disability harassment. In addition, an individual or organization may file a complaint alleging a violation of IDEA under separate procedures with the state educational agency. State compliance with IDEA, including compliance with FAPE requirements, is monitored by OSERS’ Office of Special Education Programs (OSEP).

Harassing conduct also may violate state and local civil rights, child abuse, and criminal laws. Some of these laws may impose obligations on educational institutions to contact or coordinate with state or local agencies or police with respect to disability harassment in some cases; failure to follow appropriate procedures under these laws could result in action against an educational institution. Many states and educational institutions also have addressed disability harassment in their general anti-harassment policies.

Disability Harassment May Deny a Student an Equal Opportunity to Education under Section 504 or Title II

Disability harassment under Section 504 and Title II is intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the institution’s program. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating.

When harassing conduct is sufficiently severe, persistent, or pervasive that it creates a hostile environment, it can violate a student’s rights under the Section 504 and Title II regulations. A hostile environment may exist even if there are no tangible effects on the student where the harassment is serious enough to adversely affect the student’s ability to participate in or benefit from the educational program. Examples of harassment that could create a hostile environment follow.

o Several students continually remark out loud to other students during class that a student with dyslexia is “retarded” or “deaf and dumb” and does not belong in the class; as a result, the harassed student has difficulty doing work in class and her grades decline.

o A student repeatedly places classroom furniture or other objects in the path of classmates who use wheelchairs, impeding the classmates’ ability to enter the classroom.

o A teacher subjects a student to inappropriate physical restraint because of conduct related to his disability, with the result that the student tries to avoid school through increased absences.

o A school administrator repeatedly denies a student with a disability access to lunch, field trips, assemblies, and extracurricular activities as punishment for taking time off from school for required services related to the student’s disability.

o A professor repeatedly belittles and criticizes a student with a disability for using accommodations in class, with the result that the student is so discouraged that she has great difficulty performing in class and learning.

o Students continually taunt or belittle a student with mental retardation by mocking and intimidating him so he does not participate in class.

When disability harassment limits or denies a student’s ability to participate in or benefit from an educational institution’s programs or activities, the institution must respond effectively. Where the institution learns that disability harassment may have occurred, the institution must investigate the incident(s) promptly and respond appropriately.

Disability Harassment Also May Deny a Free Appropriate Public Education

Disability harassment that adversely affects an elementary or secondary student’s education may also be a denial of FAPE under the IDEA, as well as Section 504 and Title II. The IDEA was enacted to ensure that recipients of IDEA funds make available to students with disabilities the appropriate special education and related services that enable them to access and benefit from public education. The specific services to be provided a student with a disability are set forth in the student’s individualized education program (IEP), which is developed by a team that includes the student’s parents, teachers and, where appropriate, the student. Harassment of a student based on disability may decrease the student’s ability to benefit from his or her education and amount to a denial of FAPE.

How to Prevent and Respond to Disability Harassment

Schools, school districts, colleges, and universities have a legal responsibility to prevent and respond to disability harassment. As a fundamental step, educational institutions must develop and disseminate an official policy statement prohibiting discrimination based on disability and must establish grievance procedures that can be used to address disability harassment. A clear policy serves a preventive purpose by notifying students and staff that disability harassment is unacceptable, violates federal law, and will result in disciplinary action. The responsibility to respond to disability harassment, when it does occur, includes taking prompt and effective action to end the harassment and prevent it from recurring and, where appropriate, remedying the effects on the student who was harassed.

The following measures are ways to both prevent and eliminate harassment:

o Creating a campus environment that is aware of disability concerns and sensitive to disability harassment; weaving these issues into the curriculum or programs outside the classroom.

o Encouraging parents, students, employees, and community members to discuss disability harassment and to report it when they become aware of it.

o Widely publicizing anti-harassment statements and procedures for handling discrimination complaints, because this information makes students and employees aware of what constitutes harassment, that such conduct is prohibited, that the institution will not tolerate such behavior, and that effective action, including disciplinary action, where appropriate, will be taken.

o Providing appropriate, up-to-date, and timely training for staff and students to recognize and handle potential harassment.

o Counseling both person(s) who have been harmed by harassment and person(s) who have been responsible for the harassment of others.

o Implementing monitoring programs to follow up on resolved issues of disability harassment.

o Regularly assessing and, as appropriate, modifying existing disability harassment policies and procedures for addressing the issue, to ensure effectiveness.

Technical Assistance Is Available

U.S. Secretary of Education Richard Riley has emphasized the importance of ensuring that schools are safe and free of harassment. Students can not learn in an atmosphere of fear, intimidation, or ridicule. For students with disabilities, harassment can inflict severe harm. Teachers and administrators must take emphatic action to ensure that these students are able to learn in an atmosphere free from harassment.

Disability harassment is preventable and can not be tolerated. Schools, colleges, and universities should address the issue of disability harassment not just when but before incidents occur. As noted above, awareness can be an important element in preventing harassment in the first place.

The Department of Education is committed to working with schools, parents, disability advocacy organizations, and other interested parties to ensure that no student is ever subjected to such conduct, and that where such conduct occurs, prompt and effective action is taken. For more information, you may contact OCR or OSEP through 1-800-USA-LEARN or 1-800-437-0833 for TTY services. You also may directly contact one of the OCR enforcement offices listed on the enclosure or OSEP, by calling (202) 205-5507 or (202) 205-5465 for TTY services.

Thank you for your attention to this serious matter.

Norma V. Cantu,
Assistant Secretary for
Civil Rights
Judith E. Heumann,
Assistant Secretary
Office of Special Education
and Rehabilitative

Well Socks, all a guy has to do is toss a little bait in the water and the fish start biting. Thanks for following up with what you know I was leading towards. Great ammunition, I’m most impressed!

Andy

Makes me wonder if the teacher had even read the IEP before teaching the class.I myself had just 3 days before school started, gotten the name of her teacher and luckily had a past voice mail so I could leave her a message.The evening of the first day of school the teacher responded. She had not read the IEP and the speech pathologist had not talked to her.On the third day of school I called to find out who her learning support teacher was and was told it is a new person and wont be in on friday so a note will be left for her on monday because she has no voice mail yet ,but I made an appointment for thursday to make sure we are all on same page as everyone who is working with her are new and did not attend original IEP meeting. I think this is where all the troubles lie as no one is informed so everything is up in the air and alot of room for frustration on everyones part as no one knows whats going on. I don’t like the idea of lets see how the child does so we don’t have any preconcieved notions about the child.I keep assuming when I see the teachers cars in front of the school the week before school starts that they are going over IEPs and talking about the kids but it seems this is not the case.

I did speak to the guidence councilor , she asked me if I thought my daughter was properly placed in this classroom. The S-Ed dept wants me to put her in all self contained classes. And yes she dose need some small setting classes for her weakest LD, Reading Math. But I did tell the councnlor her reaction to being in all S-Ed classes. Her reaction was, I am not going to be in all stupid Special Ed classes, I am not stupid. I told the Guidence councilor that , and she did understand. I told them that when she leaves HS she will not be living and working in a self contained world. I do feel at this point that I have to pull her out of this History class as the Teacher will never change . I have delt with this kind of personality befour. It they don’t already get the whole picture they never will.The guidence is trying to find a better Teacher for her if it can fit into her schedule. I guess the reason this is adding more stress in my life now id because I am waiting on the word of my Cardiologist as to when I will have to have OPen Heart Surgery again. I just stoped working a week ago as work is to much for me now. One good thing is that now I will have more time to prepare for whatever I need to do. If the stress dose not kill me first.

When I began building a case—civil and due process—again my son’s school district many years ago, I felt they began trying to build a case against him. All the teachers and administrators banded together…but I couldn’t prove it. It was horrible for him and pretty much drove him over the brink. He was hospitalized on attempted suicide that year. I pulled him and homeschooled.

Several years later, as a teacher, I’ve seen how schools subtly pick kids when parents really make noise. (My suggestion is to take your kid out of school if they have *any* documented behavior problems of any kind and you are thinking about a due process or 504 suit.)

In two different instances, the parents were making litigious noises. I was asked to document behavior issues against the student and I witnessed situations where staff members were subtly antagonizing the kid into blowing a gasket. No support for anything that happened. It was a real “circle the wagons” deal. Both times the parents blew up and said stuff that would be used against them in court to the district’s benefit. If I said anything, I’d be fired most likely.

What I could do for those kids was document that they were not a problem in my classes. And I did. Not well received, however.

It sounds like your starting in the right direction with the councelor. I would also make sure everyone is made aware of the IEP by talking to them personally about it ,as I usually see that in my situation no one is communicating or reading their paperwork and then my child doesn’t get needs met.I would also get my child to ask for modifications if not given any and if the teacher is not listening ,since the councelor is understanding child should talk to the councelor.I hope you get your teacher changed and take it easy and treat yourself well

This is a classic example of “access to the General Education Curricula” and Accommodations and Modifications to that curricula in LRE (least restrictive environment). Your daughter is entitled to both. Her IEP calls for accommodations. Period. Teachers are required by law to provide them. The law requires access to the General Education Curriculum. (School will say that self-contained provides this—you say that she can survive in the reg classroom w/accoms/mods so that is LRE.)

Here’s a little free trick: Tell school if she doesn’t receive the services/accoms in her IEP that you will make a child complaint with your state department of education. The state will let school know of the complaint and what action they are to take in what time-frame. I would say to school at the end of this conversation, “I hope no more serious action is required. This is the type of case that protection and advocacy might be interested in taking.”

Each state has an agency that provides free legal services to families of children with disabilities. They usually won’t take FAPE cases and separate placement cases—this might be one they’d like. Why not give them a call. They usually keep advocates on staff.

You may want to follow up with your need for open heart surgery and the matter of compounding stressors are a factor right now. The school issues regarding your daughter are something you cannot ignore, but the battle that may ensue to simply get the school to comply with what is current law is something that concerns you. It is the district who is in violation of the law, it is the governing agency’s failure to enforce the law that is allowing them to get away with what they are doing, and the bottom line is you aren’t bored and looking to cause trouble, your child is in direct trouble due to their failure to provide the FAPE for which they draw funds. It still sounds like fraud to me.

You have gotten some excellent advice. Hold them accountable for the IEP. But, do present yourself as assertive and knowledgable. Once you cross the line to “crazy” which they easily push you to do, you give them an excuse to write you off. Same for your child. Once confronted with the fact that our child was making no progress and they were not doing anything different in the way they were educating him, it became what was wrong with him and what was wrong with us. When they played the behavior card, we insisted that our child never be interviewed by them alone. If he lost his temper, he was to be given time out, we were to be contacted before the vice principal began to grill him. We found many understanding teachers and we were able to avoid some who just don’t get it. Stuck it out with a math teacher who wanted to mark every answer with a reversed 6 as wrong. But, I had a supportive principal and he was at the school where I was a special ed teacher. Yes, the distict office still treated us like the problem. Hope it turns out well for you. We packed our bags, sold our house, moved to an apartment near a private LD high school. Tuition is on our own and I don’t know how many times we can juggle the books. But for now things are very good and we have no strings attached from a district that could not have cared less that one more child could not read.

Welcome,
but are YOU calling ME a fish??

You said the worst six words. “I did speak to the counselor” YOU need written documentation. If it isn’t in writing it didn’t happen,it wasn’t said,and it isn’t how you precieved it. If this is a situation where noone was told of the IEP,then that would be a totally different situation. This, to me, is a situation where they know,they just don’t care,correct?

Know what your kid’s rights are,get everything in writing,and definitely see if you can find someone that can help you.This IS,no matter how you look at it, a stessful situation. One in which you are not physically able to deal with. You need to find help.Look into some of the agencies Susan suggested,there are many advocates,and a good number of them do it on a volunteer basis.

nah, your no fish, just kidding anyway. I appreciate your following up and helping with the critical info that simply isn’t at my disposal any more.

:-) I’m much more like a cat,and we EAT fish…:-)

My child has never been a problem at all . All she has ever wanted to do is to please everyone and do whatever was expected of her.IWhen the Teacher gave her 56 problems for homework I wanted to wright on the dido Please send homework back home when Modifications have been made. She said no I will get introuble , can you just help me with them. She sat with me untill we went one by one over all the work. She has never gotten detention, nor has ever been out of line. She has never raised her voice to anyone at school. She dose not have ADD, or ADHD. She has a Multi Modal Language Disorder. This has been determined by a private Learning Disabilities Program. I do not think that I have mentioned that she like I also has a Congenital Heart Defect and has had Open Heart Surgery. At some point also she may need more Opean Heart in her future. I would also like to let you know that she has a Twin sister who is on grade level, this is just one more thing to make this more dificult for us. I can not thank you enough for your support. I have a Question, do you think I should read all of your post to her to let her see that we are not alone in our belives that the school is in the wroung? If anyone wants to add any words of incouragement for her I woud be Gratefull.

I have always tried to deal with my son and my students with honesty. I think what they imagine is wrong is worse than the truth. It is good for them to know their strengths and weaknesses, how much you love and respect their courage in the face of the difficulties they have. Sometimes we moan for a few minutes about how unfair life feels or how ignorant some people are. Then we gather our strength to face the challenges. You, your daughter and your family have so many challenges, but many blessings too. Talking honestly is a good thing. I know that when I have felt so alone in this struggle, it helped to come to this website and find people like myself. Read back to K’s post “brag a little”. Her brother and sister have learned to advocate for themselves. Faced with 56 math problems it is OK for your daughter to say “I have a learning disability and my IEP allows for modifications. I have done every other problem and expect to be graded on what I have done.” Hopefully she and you find some supportive staff at your school. If you need to find an advocate or organization to help you present your requests that the IEP be followed. Advice about a paper trail and keeping records is important. There are many books, articles, etc. about people who have been successful even though they learn differently. Knowing that there are other young people who share her frustrations might help your daughter. Best wishes and write often. We are all here for each other.

I agree with Andy, according to page 9 of my daughter’s IEP, with the IEP and all other pertinent information attached.
I just fought a battle with the school over who was going to provide the laptop for my daughter’s use and after 3 letters and $32.37 in postage (cert. mail) I had a laptop and a t/c from the ESE director of the school board (no telephone number on our letter) that said to contact him directly if I have any further problems. Like Andy said once they find out you mean business and you are not going to allow this, they often change their tune. Most parents back down and that’s exactly what they are banking on.

What if a child does not qualify for an IEP? Doesn’t the 504 also provide the same state and federal regulations as far as accommodations in the classroom. I am talking about a dyslexic 9th grader who spent 11 hours diagraming 6 plays over Labor Day weekend. The English teacher said it wouldn’t be fair to the other students if he only had to diagram 3 or 4. I say if you can diagram 3, you can diagram 6?

Is the 504 still going to provide those accommodations?

As some of you know, I was in the same situation as Susan, my daughter couldn’t take school anymore and she resigned from school during 11th grade. After she got over the emotional and physical trauma of school, she started studying for the GED. She was working with her father but wanted to change jobs, found out that she couldn’t unless she had a diploma. I know that many kids who don’t have a diploma lie on their applications but she wouldn’t. This was enough to make her work very hard to do well on her remediation of her reading skills and it paid off. She passed her GED the first time, went to community college and now is on Dean’s list at Kent State U. She wants to be a radiation therapist, it will take her a long time, but she will do it. My prayers were finally answered. It is hard for these kids but it is not impossible. Keep telling them that they can succeed and just maybe they will. Also, public school isn’t for everyone, sometimes finding another way is worth it. Colleges and universities have a lot of respect for those students that have a GED because they know how hard it is to get one. I hope the best for you son, Susan.

There is no due process in 504—which usually winds up in favor of the school district because their own people sit on the panel. (Gee, I wonder who invented that system…) 504 requires (I think) filing a complaint w/the Office of Civil Rights. It takes a while to be investigated and one must stay on them. If not remedies, the deal goes straight to court. 504 laws have big teeth and real muscle…and most districts are out of compliance so they don’t want 504 problems. I’d use this anytime over IDEA which has so much school-district wiggle-room built in. (Like I said, I also feel that teachers should be personally liable for infringing on students’ civil rights!)

It can take a long, long time to get a 504 complaint looked into

On the flip-side, though, there are no little steps (like mediation) in 504 that might help solve small problems.

I’m learning not to try to help him so much. While I know how to do this with other people’s children, I’m not much good with my own.

He seems to be getting interested in learning…those manual labor jobs don’t seem too enticing.

YES it certainly is. 504 is as comprehensive as the IDEA is.The problem with 504 is most educators do not realize how comprehensive. Most think of a list of accomodations.The 504 is a law to prevent discrimination. I pasted parts of the section 504 so you could see how very similar 504 is to IDEA.I will try and shorten things,but please notice a “free and appropriate education” sounding familiar?Now in answer to compliance issues. The Office of Civil Rights ,Department of Education is the agency that enforces compliance. If a school was noncompliant you could file a complaint with this agency. You can also file a class action complaint if there was a large group being discriminated at the same time. i.e. the whole 7th grade lders,not being allowed accomodations.I filed a class action complaint in 96 regarding the district in which I lived,they had no procedure to evaluate or identify children in a timely manner. My district’s idea at the time to” timely” was 18 months. I filed with OCR on behalf of all the students in the county,and they made the district develop a policy. It was either that or they told the district they would stop federal funds coming to the district and refer it to the Dept of Justice.( which by the way,is another option. ADA and 504 can be refered to the Dept of Justice,and they can choose to pursue it,most often the DOJ then refers back to OCR) Okay so my county now has a specific timeline for evals,60 days,which is the only county in our state that has this policy,they have it because they had to have it:-) Point being it IS another agency that is suppose to help and enforce compliance with federal laws. NOW the state is ALSO responsible to make sure that the LEA(district) is in compliance with section 504,so you could file a state complaint on your district,and request the state to investigate,but my state doesn’t do it,they refer you to OCR.In most cases,or I guess I should say in my experience,when the issue regards a large population of children,OCR tends to get more interested.

Point to all this rhetoric,and I am sorry for rambling,504 has a lot of the components IDEA has,parents do not realize,and neither does most schools. I do have a really good article discussing the differences between 504 and IDEA on my page,look under links and go to 504 links. http://expage.com/socksandfriends.

§ 104.1 Purpose.

The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance.

§ 104.2 Application.

This part applies to each recipient of Federal financial assistance from the Department of Education and to the program or activity that receives such assistance.

§ 104.3 Definitions.

As used in this part, the term:

(a) The Act means the Rehabilitation Act of 1973, Pub. L. 93‑112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93‑516, 29 U.S.C. 794.

(b) Section 504 means section 504 of the Act.

(c) Education of the Handicapped Act means that statute as amended by the Education for all Handicapped Children Act of 1975, Pub. L. 94‑142, 20 U.S.C. 1401 et seq.

(d) Department means the Department of Education.

(e) Assistant Secretary means the Assistant Secretary for Civil Rights of the Department of Education.

(f) Recipient means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.

(g) Applicant for assistance means one who submits an application, request, or plan required to be approved by a Department official or by a recipient as a condition to becoming a recipient.

(h) Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of:

§ 104.33 Free appropriate public education.

(a) General. A recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.

(b) Appropriate education. (1) For the purpose of this subpart, the provision of an appropriate education is the provision of regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are based upon adherence to procedures that satisfy the requirements of §§ 104.34, 104.35, and 104.36.

(2) Implementation of an Individualized Education Program developed in accordance with the Education of the Handicapped Act is one means of meeting the standard established in paragraph (b)(1)(i) of this section.

(3) A recipient may place a handicapped person or refer such a person for aid, benefits, or services other than those that it operates or provides as its means of carrying out the requirements of this subpart. If so, the recipient remains responsible for ensuring that the requirements of this subpart are met with respect to any handicapped person so placed or referred.

(c) Free education — (1) General. For the purpose of this section, the provision of a free education is the provision of educational and related services without cost to the handicapped person or to his or her parents or guardian, except for those fees that are imposed on non-handicapped persons or their parents or guardian. It may consist either of the provision of free services or, if a recipient places a handicapped person or refers such person for aid, benefits, or services not operated or provided by the recipient as its means of carrying out the requirements of this subpart, of payment for the costs of the aid, benefits, or services. Funds available from any public or private agency may be used to meet the requirements of this subpart. Nothing in this section shall be construed to relieve an insurer or similar third party from an otherwise valid obligation to provide or pay for services provided to a handicapped person.

(2) Transportation. If a recipient places a handicapped person or refers such person for aid, benefits, or services not operated or provided by the recipient as its means of carrying out the requirements of this subpart, the recipient shall ensure that adequate transportation to and from the aid, benefits, or services is provided at no greater cost than would be incurred by the person or his or her parents or guardian if the person were placed in the aid, benefits, or services operated by the recipient

it makes provisions for:
§ 104.35 Evaluation and placement.
§ 104.36 Procedural safeguards.

I KNOW what you mean Susan! Being a( orthopedic rehab) nurse I have sat and waited for a patient to learn to tie their shoes,and not given my kids the same amount of patience?

I absolutley agree the GED is a very feasible option,and when the time comes,if presented with this or going make to public school,we would take the GED. God knows colleges seem to be much more accomodating anyway.

I think that from the way you describe her she could handle reading/listening to the posts. I wouldn’t stop there though, my guess would be to let her check in on the bb to see there is a world of ld issues, not just hers. In other words, make sure she understands that this bb is for parents, and that many of us check in, put in our “2 cents” about lots of stuff, but many post about problems, confusion, questions and concerns… heck sometimes there are even posts of little victories or funny happenings as well.

She is going to need to learn how to advocate for herself, and when she can start doing that, it will both lighten your load and increase her self confidence and ability to stand strong(er) against some of the ignorance and other negative behaviors she will encounter (both in school and out).

I think both the health issues and ld matters will tend to make your child more understanding of others and their problems, and that can be to an advantage.

As others have posted, at the college level, there is much less BS, and they are far more accomodating than at the earlier level of schooling for some odd reason. Haven’t figured that one out yet, but our son’s experience at the JC level has been very positive.

It’s pretty weird how in the elementary school age we were consumed with the ld situation and the brutality of the school administration. In high school, we had a hard time learning how to let go little by little and turn over the responsibilities and advocacy to our son and kind of sit back (tense, with our hands out ready to catch, holding our breaths, praying, nerves still frayed and fragile). After the first semester at JC, seems things had settled down and once again calm has restored itself to almost a pre-kindergarten state; excluding the social matters of having a full grown child in the home vs. a “baby”.

We did not have the luxury of the www, bb’s like this one or direct access to communicate and glean information at the touch of a key board. Even if there were programs out there (like Slingerland), they were far and few in between, and typically one had to fight with the district (at least we did) to find out if there were even other options “out there”.

Like yours, our child was never a behavior problem, we only found that the inappropriate placements and programs caused harm that the district seemed to want to ignore and in turn blame us for.

In conclusion, as a high schooler, I would share this thread and the bb along with other sources of information with your daughter, to enlighten her as to what is going on, that there is support out there, and most of all , there are many of us adult ld’ers who have actually survived the traumas of schooling and have made it far along enough in life to bear and raise ld children (what an irony?)!!! Once again, good luck, and

best regards,

Andy

During a sunrise walk, a person was seen dancing through the waves in the sand. Every now and then the person would bend over and pick up a sterfish and toss it back into the ocean. I asked the person, “Why ? He said , the tide is going out, if I don’t throw them in, they will die. I said, “Since there are so many starfish laying on this beach, you can’t make a difference.” Bending over and picking up another starfish, the person stated, as he trrew it into the ocean, “It made a difference to that one.”

Oh, I feel like I have maligned my dear son. He really has had very good behavior. It’s just that when you are 6ft 3in in 7th grade and can’t read, life is frustrating. There was real cause for concern because he was being teased and in true LD style could not remember names and probably did set himself up some times. But he is a respectful child. I did though tell him that good behavior was critical to our cause because as soon as he misbehaved that would be the reason he could not read. Not the school’s lack of programs, training, etc.

I don’t think you maligned anything. Ours has finally topped off at 6’6”, 245 lbs and shoes that run in the size 16+ catagory. I think, if at the very least, if they weren’t good natured at that size we would be dealing with greater dilemas…

And for all the other parents that I am starting to talk to and help learn how to advocate for their own children!

Funny how us “uneducated” parents can educate a whole tribe of school experts just by reading them the law. I just don’t understand why they are not willing to do what they law says they must!

Heck! At the school level, you’d be very surprised at how ignorant the administrators and regular teachers are of the special ed. law!

Janis

Pam,

I’ve read through all these posts and have to say I agree with most posts. Your school has clearly not done their job. But I have a few thoughts after reading everything.

The first factor is that you said you chose to reject the placement the school had recommended. Without knowing your daughter’s scores and the school services, I really can’t comment on who I think is right or wrong. But if the school thinks your daughter is too delayed to be successful in regular classes, then that will have an effect on things. What is your daughter’s reading level? Are there stae tests she has to pass to get a diploma? Is she receiving any remediation for her deficits?

Next, it is a terrible fact that teachers have their teacher workdays filled with mandatory meetings, and especially at the high school level, special ed. teachers may not get around to informing all the teachers of the IEP’s before school starts. As a matter of fact, they have all the new 9th graders files to read themselves! I do not think this is acceptable, but it does happen. I really believe a pro-active parent needs to anticiapte this possibility and have a conference set up or either a letter delivered to every teacher before school starts informing the teachers of the IEP goals and particularly the accommodations and modifications. I knew a parent who did that and you’d better believe teachers knew that mom was on her toes and they would attempt to honor that IEP!

Now I do think parents need to enforce their children’s rights, however, not at the expense of the child. If the situation is causing the child too much anxiety and depression, YES, pull them out and homeschool!!! You can either use a correspondence program that grants a diploma or go for the GED as others have suggested. A child may feel “dumb” going to resource, but it will not help their self-esteem to be in classes in which they cannot be successful, either.

In your situation with a heart condition, I would absolutely not be encouraging you to take on a big legal fight with the school. If you can afford it, hire someone very knowledgeable like Socks to do it for you. :-) But no fight is worth literally killing yourself or your child. I’m sorry. You gain nothing if you destroy you health while winning a battle with a school.

Janis

Well, me and my friend are getting ready to give them a real education.

Good luck! :-)

Leah,
you don’t even know how true this can be! I had a very good friend who was in Due Process court,filing on her school district. The Attorney kept mentioning FAPE,and how the student was denied ,time and time again. The Administrative Judge,appointed by our Department of Education to trial these cases,bends over and asked, “What is FAPE?”, Seriously.

What usually happens on your quest to advocate for your children,is you wind up knowing more of the Law then most lawyers,not just educators. A real scary position to be in most of the time..