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Stuborn schools

Submitted by an LD OnLine user on

My child is 8 y/o. and in 3rd grade, she was diagnosed with ADHD and ODD when she started Pre-K at 5 y/o. I have been trying to get the school’s help ever since her diagnosis. In Pre-k they put her on an IEP for speech, but said she did not qualify for any other services, even though she was getting suspended off the bus and stayed in trouble at school. They did offer the special education bus during her suspension periods as an accommodation. The following year in Kindergarten., the 6 pages of minutes with the behavior plan and sp, ed bus offer was missing from her file. I have a copy, but the original is gone. She continued the next few years getting office referrals, school and bus suspension, and many notes home. Every note was saying she was intentionally misbehaving. I have all paperwork for every meeting we had. She was even put in a room all day with a parapro. as time out (she had to eat lunch in the room) for not being able to finish her work. Her whole school experience has been negative. At her last IEP meeting for speech, it was decided that she was ineligible and took her off the IEP. I declined and did not sign the papers because she still has articulation problems. They told me it wasn’t enough to keep her eligible. I was unable to attend that meeting. Now she is in 3rd grade and I am still battling with the school. I am told she has to be failing before she is eligible for services. Just this week, she wet her pants at school, because the teacher said she had already been to the restroom and did not think she needed to go again. I am so tired of the school system and their neglect to recognize her disability. We are having trouble keeping her on the bus. She was suspended last week for 5 days for not being able to set still. Two days back on the bus and she was suspended again for 10 days. She has no other way to school, so she is missing a lot of days which could cause her to fail the grade. No accommodation will be made for the bus, the administrators say she must follow all rules like all others and will be punished like all students. I must mention I am a teacher for the same county, but opposite end of the county and different school. I know a little about her rights, but not enough to battle. Her paperwork is really interesting to read, I believe her rights were violated in many ways. I have searched everywhere for someone local to help me, but cannot find anyone. Can you help in any way, if only a referral or advice? I live in a small town outside of Savannah, Georgia. PLEASE HELP ME I am going crazy. I have done all kids of searches for information, attorneys, advocates. I have no one to help me.

Submitted by scifinut on Wed, 01/25/2006 - 3:55 AM

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I highly recommend you go to http://www.wrightslaw.com and look through their state yellow pages. They have listings for each state - advocacy groups, lawyers, educational advocates.

It sounds like it is time to start writing some letters. Has she had a recent complete evaluation over all 8 domains? If not, I’d request that be done first. If it has and you do not agree with the schools findings you can request that testing be done in an Independent Educational Evaluation (at public expense). This can be more thorough than the testing done by the school and not slanted by school culture.

I’d also encourage you to get a further psychiatric evaluation to see if there might be something more going on.

Submitted by Steve on Wed, 01/25/2006 - 8:31 PM

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We decided to avoid this inevitable conflict between the needs of our kids and the rigidity of the school system. We put our kids into alternative schools, and when even that didn’t work, we homeschooled. There is good, solid, scientific evidence that “ADHD” kids in open classrooms where they are allowed more control over their time and activities are virtually indistinguishable from “normal” kids, even by professionals. We used this kind of school, created it at home, and even helped create a charter school that provided this kind of an environment for our youngest.

The results? The oldest eventually returned to a regular middle school, graduated from a regular high school with honors, no medication, no special classes, and no one in the higher grades complaining about his “distractibility” or “hyperactivity”. He is working for a local church in a job that requires social skills, commitment to a tight schedule and deadlines, and even improved handwriting (he is left handed, to boot!) and he received “employee of the year” awards two years running. He can still be rude, disorganized, and still tries to do to many things in not enough time, but he is surviving and thriving as an adult.

As for the youngest, he is in 4th grade and is really beginning to discover his innate interests, thanks to the environment that encourages self-paced goal setting and project-based learning. Again, no one has ever suggested he “has ADHD” or “needs medication”, and they have been willing to make whatever “accomodations” are needed to help him based on simple conversations with the teacher that do NOT require him to be “disabled” or otherwise labeled in order to get special attention.

Nothing is more baffling and frustrating to me than the tendency of our schools to require kids to fail miserably before they are offered what any sane person can see that they need. Schools are ALLOWED to make any accomodation they want, with or without and IEP or a 504 plan. They just don’t get PAID to make them. So the fact that your child “doesn’t qualify” for special services just means they can’t get extra money to provide them. They can still make accomodations, and they should, because the proper education for your child should be the priority over how much money it costs. That’s what the law actually says.

But many schools continue to take a rigid and bureaucratic approach to special ed. So we found another solution. We stayed away from them and did our own thing. I encourage you to consider your options. Battering your head against the brick wall of the school doesn’t seem to be getting you anywhere.

Good luck! You will find a way!

Submitted by Esmom on Thu, 01/26/2006 - 4:38 PM

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You are right — the school is short-changing your child. Your child does not have to be outright flunking to get help. Evidence of potential of failing to learn is enough for services. If the ADHD and ODD are impacting her education (and suspensions, low grades and numerous notes home are indications of negative impact), then the school IS obligated to do something. A 504 plan or an IEP. An IEP team needs to convene AGAIN to discuss this child’s issues, determine if there is a disability and determine how to accommodate her. I would make all requests in writing. I would have an independent neuropsych done (if one has been done before, it doesn’t hurt to get another). You can hire an experienced educational advocate, but be forewarned that they are expensive. But most of all, I would research educational advocacy organizations in Georgia to see if you can get ahold of either a volunteer educational advocate or someone to give you pointers/help on getting an IEP for “other health impaired.” The other posters make good points. Good luck!

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