Thank you for being so responsive! Yesterday my husband hand delivered a letter requesting a FBA and BIP. Also we are compiling all letters to and from school including the CARE team plan, my husbands letter of understanding of the CARE team plan in which they did not disagree.
I am going to involve our advocate, even though husband is an attorney and has worked in this area we are having difficulty discussing it. I need an objective 3rd party. Our advocate works well with my husband and in the past when he was working more in this area we referred clients to each other.
On to your comments of the law. First of all she was found non disabled and I will quote:
"Even though student is inconsisten with completing writing assignments, her behaviors do not support a diagnosis of Learning Disability (LD), ED or OHI at this time. While special education services are not available for student, she will need consistent adaptations and modifications in the regular classroom to benefit form regular education curriculum"
In the meeting we were told since she was still learning she did not qualify. This was in December.
Her BACS-2 showed
per teacher: clinical range in anxiety and depression, at risk range for somatization, atypicially, withdrawal, social skills, leadership, sutdy skills and functional communication
per mom: at risk for withdrawal
per student: cinical range for self esteem and self reliance, at risk for attitude to school, anxiety and depression.
1st trimester grades math a, science b(didn't use her time wisely aced all tests) social studies a, reading c (gave her 2 f's for not completing her reading response journal and never told the parents she wasn't competing and she was shutting down for these assignments) writing b
teacher concerns in class: organization, paragraph construction, and ability to get started, writing skilles are emerging, reading skills need improvement, making meaningful connections and constructing appropriate rsponses to literary text, other concerns pencil tapping, makes noises, doesn't participate in classroom activities, complains of physical discomfort, contines a behavior when no longer appropriate and talks back to teacher Weschler full scale IQ 107
Verbal comprehension 96
perceptual reasoning 121
working memory index 97
processing speed index 106
word reading 117 reading comprehension 111
numerical operations 128 math reasoning 116
spelling 117 writtten expression 125
she is supposed to be working with the counselor twice a week to respond appropriatly when she feels overwhelmed and have an alternative assignment
have been writing letters back and forth with teacher.
care team meeting is supposed to have supports now and working with counselor, alternative assignments, learing how to say isn't ready to do an assignment without downgrading or getting in trouble.
had an incident student went into bathroom per rules, other student followed, (teacher later said she was holding court in the bathroom) student has unrestricted privledges for bathroom as has bowel issues, teacher came in, other teacher came in, student in corner crying, teacher states "i can't believe i have to deal with this" counselor comes in. bring this up in meeting with team, totally ignored, teacher said she only blew her nose and didn't know she was crying.
she missed 9 days of school with pneumonia
upon returning was given a geometry test she did not learn the material and sat there, then sent out of the class to do it and sat there, then sent to the office and sat there. i sent a letter requesting she be taught the material before taking the test so she took it later and got a 100% on it.
another day she was talking to the counselor and somehow the principal was involved. The teacher though student wasn't going to have a good day and had them talk to her. so they asked her if she would follow instructions and she said i don't know. when they said they would call me she said yes.
then she missed getting her picture taken for an assignment. she refused to take the pick. so the principal viewed this as insubordination and she failed the assignment. i was told for every occasion she did not follow the rules she would have consequences and get sent to the offic.no offical report slip came home from this phone call.
end of week sent to principals office, no discipline report sent home, student said was for waving to a friend in class, has been in trouble before for talking in class. this is being worked on by counselor and parents, making great improvement in this area
then yesterday she did not pick out a book fast enough for reading groups,(one of her issues is having the confidence to make choices we have shared this with school many times) her friend stood next to her for a minute and may have talked to her(student denies talking) the teacher gave her a book, student said "could i read another book" teacher said to go to the office, student asked mrs. teacher" why do i have to go the office?" then the teacher called the principal to get her. principal called mom and told me this info as stated but said she was not following class rules so had a 3 hour in school suspension. mom talked to student could hear student after phone call sobbing, asked principal if could talk to counselor, stated she was busy and student is just upset since he called mom, asked again to have her speak to a counselor now, principal said he would try to, talked to another counselor for 20 minutes.
We only have ED in our state, no BD
Here is the citation in full from C.F.R. §300.7(c)(4). It is unchanged from IDEA 97. Cite to actual law is below.
4) Emotional disturbance is defined as follows:
(i) The term means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:
(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
**they say she is learning. her old school was ahead of her. obviously with the teachers comments she feels she is average even though her IQ shows otherwise and she aces almost every single test****
(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
**she has friends but it has been more difficult to make them, we left the last school for this reason amoung others and she was being teased that caused her to shut down in school****
(C) Inappropriate types of behavior or feelings under normal circumstances.
**sounds like we have this documented now with how they are treating her***
(D) A general pervasive mood of unhappiness or depression.
**at times now, at home since she lets it out at home****
(E) A tendency to develop physical symptoms or fears associated with personal or school problems.
*stomach aches, not wanting to go to school, too tired to go to school*** yes it is getting worse was not that bad when she was evaluated but the teacher totally went out of her way to be nice to student until she was found non disabled and then told parents she is non disabled and has to do what she says in the class, began downgrading work, sending to office, talking to student in a way that scared and upset her. makes her feel like she freezes
(Authority: 20 U.S.C. §1401(3)(A) and (B); 1401(26))
I have bolded everything that seems to apply to difficult child and she is AT RISK for (D). What more would they like??? (for her to leave in my opinion)
personally i think they want to kick her out of school or we pull her out of school
any more info feel free to share. letter writing this evening