I have a friend whose child has been dx’d ADHD, B/P. He has had school issues, behavioral and academic since entering the school. Last year the mom asked for an evaluation, got nothing. This past Aug she wrote a letter requesting an eval and a meeting to discuss an IEP or 504, nothing. At this time the child is in trouble more than not, the school is threatening reporting the parents for truancy (the child is late for school frequently, but attends). The teacher is a good teacher from an academic point of view, but she also has zero patience with high maintaince kids. She yells, belittles, threatens. I’ve heard it, yes the principal knows, the teacher will be retiring soon, and it seems that the impression is that while the yelling is bad, she can’t be let go. Anyway, enough background, the question, after a long meeting recently (the parents showed up at the principals office unannounced to get this meeting) they were told that with the child’s dx, a 504 wouldn’t work, what the child needs is to be in an ED class. No, IEP for the reg ed classroom either.
Without a complete eval, can the school just move this child to ED? What about a functional behavioral assessment? Also, there has never been a behavioral intervention plan put in place beyond sending the child to the principal when he couldn’t remain in the classroom and taking away recess, parties and field trips. Without having gone through the eval process and no IEP, is this family able to go to due process for not having an evaluation done when there is clearly a problem at school with this child? The mom is asking me for help, and I’m not sure what all her and her sons rights are and if any have been violated here. Any type of opinion would be greatly appreciated. Thanks
truancy
how would you like to be on the other side, the one of the school special educuators who have to go to people’s houses to test their kids because they won’t come to school and you guessed it they are truant and the parents don’t seem to know what to do with the kids so we have to go to outrageous lengths to test these kids. It is hard and there is a due process procedure and the school needs to be reminded of their obligations but I wouldn’t go to due process yet because the parent needs to push through the correct hoops first.
What hoops need to be jumped through still?
This mom has been actively involved in her son’s eduation. Speaking with teachers, requesting help, speaking with the principal, writing a letter requesting testing. The parents have also taken their son to a child psychologist and psychiatrist and have done counseling. What other correct hoops does she need to jump through to get someone to listen at the school level and not just bide their time till middle school where this child can be shoved into an BD classroom? As far as truancy, we are talking about tardiness, not absences from school, and the reason the child is late is b/c he doesn’t want to go to school and be yelled at. I have a child in this classroom now, I here exactly what is happening, and I have witnessed it personally. I would never want anyone to talk to me that way. As a 10 year old, I would have been petrified to walk into this classroom.
Re: Does anyone know?
This child has been denied FAPE under Federal Law and almost assuredly State Regs. There are no more hoops the parents needs to jump thrugh; the DX of ADHD or BP is enough to have immediately triggered a 504 if not an IEP. The school is protecting a difficult teacher, one who is older and obstinant as she nears the end of her tenure.
This teacher is one questionable footing, and if not careful could end up in civil preceedings for harming this child. When you have a child with a condition like BP, you cannot treat them in the manner that this woman has been treating this child. Period. There are numerous cases that involve this type of situation not the least of which was the Withers decision which allows “rogue” teachers to be sued personally without the benefit of using public moneys for their defense and having all property liened and pension garnished to meet the penalty.
Your friend needs to quit playing with them and get a proper advocate to push the schoolinto doing their job properly. This child does not need to be put into segregated population with the ED kids (how I hate that classification!), this child needs to be treated with a little dignity and not have his/her buttons pushed on a daily basis because some “teacher” has issues with tolerance and patience (they make medicine to old adults with those issues).
http://www.yellowpagesforkids.com/help/ptis.htm
Have your friend find the advocates for her state/region, contact them and start pressing for a proper IEP/IBP to address the situation properly and get this child some relief.
Good luck to you!
Re: Does anyone know?
Thanks for the information. I will pass along your comments to the mom. I know she’ll be very appreciative of having more direction than I have been able to give her.
Re: Does anyone know?
And… (you go Dad :)) let’s remember that response when a school is making the kid responsible for dealing with adult misbehavior: “has the teacher considered getting an evaluation for mood disorders? Perhaps medication is in order?”
(especially, of course, when the school’s “solution” hints ever so strongly at medicating the child so that the adult doesn’t have to stop belittling him).
Your friend’s child has been denied an appropriate education. Contact the state, get an advocate and mention a lawyer to the school. There are deadlines that have to be met! Send a certified letter to the school asking for a referral. However, since they already have not shown that they have the child’s intentions at heart, push for an outside evaluation to be paid by the district.
You friend needs to find out what the laws are for the state that they are in and to hold the school accountable. Good luck and let us know how it goes.