My 15-year-old son with ADHD recently took a programming class at his high school. He had been performing at a B/C level in this class, but was not receiving the accommodations listed in his IEP. Specifically, he was to have a time extension on his assignments, and he could work on these assignments outside of class. He was also supposed to receive an assignment calendar on a regular basis, with weekly notification of missing assignments given to the resource aide and/or parents. When the teacher was called on the carpet by the dean, the school’s special education director, and I for not following the IEP, the teacher took one of three approaches: he began refusing to grade my son’s programs; he would simply grade the unfinished programs found on my son’s school computer, even after notification that the completed assignments were handed in to the resource teacher on time via a CD, or he would grade programs but deduct points for being “late,” when in fact we have written verification from the resource aide that she handed in my son’s programs in on time. When the high school principal insisted that the teacher grade some of these “late” programs, the teacher continued to refuse to grade some of the programs or, on those he did grade, he refused to add in the points earned on these programs into my son’s final grade. He also contacted his union attorney to write us to tell us to stop harassing him! My son ended up receiving a D for both quarter grades and the final grade. In reality, when we add up all of my son’s points on the graded programs as found on the program grade sheets, my son actually earned a C, even without all of the programs graded. After receiving the report card we wrote the principal a letter asking for all programs handed in on time to be graded, and for the points earned (we have the teachers handwriting on grade sheets showing the points my son earned) to be added into the final grade, the principal backed out of his support of our position, and told us to quit using our son’s disability as a way of obtaining a higher grade for our son—he also called our son lazy!
What is the appropriate next step—writing the school board or seeking the assistance of the superintendent? Can we go to due process over a grade? It seems such a waste of tax payer money for the school district to hire their attorney to fight us, when we have in the teacher’s handwriting all of the numbers we need regarding our son’s scores in this class, despite some programs remaining inappropriately ungraded. How stupid can they be? I am toying with the idea of going to our local press to point out how our school district wastes taxpayer money with frivilous fighting of all of the due process hearing requests filed by parents in our school district…what do you think of this idea as well?
Thank you.
Re: Discrimination against ADHD
You wouldn’t be going to due process over a “grade” but rather the teacher’s failure to follow the IEP. Likewise, you are not using his disability to get him higher grades, you are using the IEP to do what it was intended to do, provide accomodations for his disability to level the playing field. I would immediately write a letter of understanding to the teacher and principal stating the facts as you know them— that your son’s IEP says X, however the teacher graded him according to X, that the principal wasn’t concerned about his staff member’s failure to follow the IEP but assumed you were just trying to get your son a grade he didn’t deserve…etc. Keep all emotion out of it, and ask the recipients to acknowledge any disagreement with what is stated in writing to you within 2 weeks or so.
Re: Discrimination against ADHD
And make certain you read your local school board’s student handbook. There is some really good info in ours like how long the superintendent has to answer anything submitted in writing. Always keep a copy of it handy,
Re: Discrimination against ADHD
Anything that you send should be by certified mail. You might want to cc letters to your attorney (even if it is just the family attorney). Just seeing the cc at the bottom of the letter will get their attention. I would also focus on the IEPand that it must be followed.
law
Your son’s IEP is a legal document and what I see is that many teachers do not follow the Modification sheets that are agreed upon during the formal IEP/ARD meeting. I agree with writing letters to the teacher and principal, also coping the district’s Supervisor for Special Education. You need to keep it simple…send a copy of the IEP and then explain how mods were not followed. A good rule to follow is to always document any disagreements in writing (email) with teachers. The teacher must show you specific examples of how they have followed the students modificatiions. You may need to enlist help from an advocacy group. You are legally correct and the burden of proof falls on the school. If the modifications were not met ( which it sounds like they were not), then there is always room for a lawyer. Usually, most district special education supervisors will be immediately interested in what is happening. Stay the course and do send everything certified.
I have been going through a similar situation with one of my sons recently. When we didn’t get satisfaction with the principal, we moved on to the special education coordinator for the school board. When that didn’t work, we went on to the superintendent. Then we went to the state school board and filed a formal complaint stating which parts of his IEP had been broken, when they were broken, and how they were broken. We are still awaiting the outcome of the formal complaint process. If we don’t get staisfaction there, then we will move on to a due process hearing.
I too have considered going to the press with my situation, but I think it would look more credible if you (and I) have gone through channels and been thwarted at every turn. That way the public will see that we tried to do it by the book and they slammed it closed on us and it will have a better impact.
Just my thoughts.