So what would you do

Discussion in 'Special Ed 101' started by klmno, Mar 5, 2008.

  1. klmno

    klmno Active Member

    difficult child has an IEP for ED and three of his four core academic classes are collaborative. He scores advanced in science and there was every indication that he would really enjoy and take off in this year's life science class. However, he has made 'F' 's since mid-October. It has appeared to me all along that the collaborative teacher has not done a single thing to help him and his regular teacher even called to complain about the IEP. (There is nothing strenuous in there.) This happened in social studies as well, but after I complained back about it being the law to follow the IEP, the social studies situation has improved. English- the regular teacher and collaborative teacher rose to the occassion early on and started following the IEP and he has done better- still not good grades, but motivated and passing. Math is his best subject- it's not a collaborative class but an accellerated class. This teacher went above and beyond, since it's not collaborative, so he's still hanging on in there. the science teacher is apparently scared or ignorant of mood disorders and reports things about difficult child that everyone else in the world (except those scared and un-knowledgable) would ignore.

    I became very concerned that difficult child was going to be "triggered" by science teacher's attitude about him and her overly- scrutinizing him when he wasn't doing anything wrong. I demanded that the school change him to a different class- this was after trying to get them to "fix" the problem for 3-4 mos. And, I also emailed them to call me if he becomes hyper or disruptive in her class so I can come and pick him up- I am that convinced that she is going to trigger something and they have never followed the IEP in taking him to a "safe place" to settle down if he is hyppomanic- or disruptive, agitated, or hyper.

    The school knows I have requested someone from higher in the school district to get involved- I'm sure they are aware that I have more than enough reason and evidence to take them to due process, and that I'm considering it. The issue at hand, though, is that the school has informed me that I can remove difficult child from this science class but this is the only one available that is collaborative- the others are just regular classes. My first reaction is fine- change his class- the F can't get any lower and no one in this class is helping him. Then, on the other hand, if I sign an IEP to change him to a regular science class, doesn't that mean I give approval to remove accommodations for that class? Wouldn't that be me agreeing that he doesn't need a collaborative science class?

    What would you do?
  2. Martie

    Martie Moderator

    I have two comments:

    First, the school district wants to do all its (slight apparently) accommodating in "collaborative" classes, but that is not support by the law. Your difficult child is entitled to accommodations in "regular" or accelerated classes as well. However, given how your school district is structuring this, you would have to be really well informed to point out their violations..I am not saying you AREN'T well-informed, but is is counter intuitive to the general public that if they offer "a place" or "a structure" you have rights out side of what they have decided to do. However, as you know, you do.

    RE: going to Due Process. You have very little leverage in selecting a child's teacher becasue it is considered part of the "due deference" granted to school district's professional expertise. HOWEVER, noncompliance with provisions of an IEP is a very common DP issue, and if the school district is egregious, one of the ways to win. I would try to negotiate out of this first and keep SCRUPULOUS records. Your attempts to negotiate met by their intransigence is also another way to get traction at DP.

  3. klmno

    klmno Active Member

    Thanks, Martie! I have "ok'd" the case manager to change difficult child's class to a reegular class, and keep other accommodations required in IEP in place. They won't like it- but hey, they should have made sure the collaborate teacher and regular teacher in that class did what they should. One great thing about the accommodation that requires teachers to initial the planner- it is soooo easy to prove that it hasn't happenned.

    Anyway, I have lots more- how strict are they on that "one year" deadline to file a complaint?