Copied from (General)...Public School REFUSED difficult child admittance today!!!!!! He's home, and I can't go to work.

[Hanging-On]

Well this just keeps getting better. Took difficult child back to school, and they REFUSED to take him saying they have no place for him. I asked what school to enroll him in, and the principle said she didn't know. She said she'd call the SD and get back to me. I called work and told them what's up, and that I wasn't coming in. My boss said he'd see me tomorrow...really, how??? The school won't take him, daycare won't take him, where is he suppose to go??? You know, I see 2 options for me and my 2 disabled sons, the first of course is out of the question, but it is an option: (2) tell my boss to fire me, go for unemployment, go for Medicaid, go for food stamps, try to earn something under the table, turn off his BCBS Insurance because they have denied EVERYTHING for him (which is a covered benefit) and they don't pay for his medications which are costing $785/month ONTOP of the $645/month BCBS premium. WTF, MAN!!!!!

I spent the day on the phone, and WHEN I got through to someone they all said the school couldn't do that.....REALLY, WELL THEY DID!!! Then they say to call for an emergency IEP, I did; but that's not going to get him in school this week.

Everywhere I turn I have someone telling me that it's not their job, not their responsibility, blah blah blah. I'm beyond mad. I've been yelling at the boys, ALL because we're totally dumped and no one is helping. I even called my dad, and he says "Get a lawyer, hang in there" and hangs up. How's that suppose to help me NOW?? It truly is not worth working anymore, but knowing how things are going we'll be turned down for medicaid and other help Can you tell that I'm in a real foul mood?

 

[Martie]

Hanging-on

I read your post first in the General Forum. I have been out of town and do not always read all of the General Forum so I do not know what has been happening with your difficult child. However, taking him to school tomorrow and leaving him MIGHT cause a hostile SD to call DCFS to tell those folks that you abandoned difficult child. This is sort of analogous to what happens when the school calls and parents refuse to pick up.

It is definitely true that your difficult child must be educated at public expense but the law is not going to solve your child care emergency this week. IF your difficult child is already IEP qualified, the hand deliver AND send by certified mail to your SD director of special education that your child, whose IEP was written on X date is being denied a FAPE. If you want to play really hardball, you can put the school on 10 day notice that you intend to place difficult child privately due to denial of FAPE. IN THEORY, this would make your SD liable financially for what ever placement you find. However, in order to collect, you would have to go to Due Process and even if you did everything correctly, you might not win.

What I would suggest you put in the letter instead is a copy of difficult child's current IEP and the DEMAND for an emergency IEP meeting. In the letter, waive the 10 day notice to which you are entitled. If you are taking the day off from work, take difficult child with you to the Director of Special Education. No matter how he behaves, it will make an impression.

I had a similar problem with a 14 year old who had no place to be. I emphasized this point too much and the Dir of Sp Ed. who was a sadistic a**, used my need to have difficult child SOMEPLACE as evidence that we did not want him. None of this type of distraction is relevant to the issue of FAPE, but an ill-intentioned SD can use this stuff against you.

Try to keep the focus on THEIR obligation to provide FAPE. You could also remind them that you will be seeking compensatory education for every day that difficult child misses school in excess of ten school days (which is the maximum number of "suspended" days per year for any child with an IEP.)

I would like to be more specific but I do not know what has happened recently so all I can do is suggest legal options that are more or less likely to produce something.

Stay off the phone and be careful of what you say. If you come off as out of control, it will be used against you. When SDs pull this stuff, as parents, we all feel out of control, but it is important not to let the bas*ards see you sweat.

Martie

 

[Hanging-On]

Thanks Marty,

The only thing that happened to cause all of this, is that he was discharged from the hospital. He's been away for 3 months while they do observation, and alot of testing to see what is really going on. That's why he's dxs have changed to Pervasive Developmental Disorder (PDD)-not otherwise specified, Cognitive Disorder-not otherwise specified, Mood Disorder-not otherwise specified, ADHD, and Severe SIDs. It use to be Severe BiPolar (BP), and ODD. He was sent home over the weekend, and I tried to re-enroll him in school. The Principal has been talking to the hospital the entire time, so it's not like she's totally blind sided about him. She just refused to take him, with a "oh, what are we suppose to do" attitude. This is the same attitude I've been fighting the whole time. She acts totally helpless, naive, and uninformed. I've always said and felt that she doesn't want to "deal" with him, and does everything to make sure her school doesn't have to. Even the doctors and teachers at the hospital who have talked to her say she comes across VERY uneducated in the terms of special needs, and she comes across total clue-less. Everyone at the hospital are not impressed with her.

 

[Sheila]

I recommend that you follow Marti's advice. The only thing that I would add is to also fax the letter to the Special Education Director of the School District.

You may do this, but in case you don't, I've found it effective (and helpful for documentation purposes) to set up a letter to include the CM number. When I fax as well as CM, I include all the info. Example:

CERTIFIED MAIL: #XXXX XXXX XXXX....
VIA FAX: (XXX) XXX-XXXX


Date


Mr/Ms. Yadda Yadda
Special Education Director
X Independent School District
Address
City, etc.

Principal and staff can often get away with, "I didn't know." Special Education Directors and Superintendents can't.

(Just so you know, Special Education Directors are the head fo the Special Education departments. However, the buck stops with the Superintendents. And ultimately your State Education Agency. When things get this extraordinary, I cc the Superintendent.)