Interim educational plans

[trice33]

My son was diagnosed with ODD/ADHD about 3 years ago he is now 7. Everything is going crazy right now with the switch of his medications. He has been suspended from school twice now. Last year he got the award of most tender hearted in his class and this year I'm freighted that he's going to get the badest kid in school award. He refuses to do work with the rest of the class, and on the bus he hits, bites, and kicks the other kids. I know he's a very loveable kid and this just breaks my heart. I have him in activities such as basketball and boyscouts, to try and help him have an outlet. Last night he had a melt down at a basketball scrimage. He threw himself down on the court and kicked and screamed at everyone who tried to help him. We had to remove him from the building every parent looking at us. I'm trying to get a proper IEP in place for him. Our school has no Learning Disability (LD) or ED class and persist that we send him to a juvinile delinquet center for his education. I refuse to do this. Teachers are starting to make fun of him in front of his classmates. He is devasted, and very emotional; and so am I. Any help I would be greatful for
Thank you trice33

 

[Martie]

Your school is violating the law, your son's rights and off the top of my head, I would say he should get "sick" and stay home if there is any chance the school will try to have him arrested if he shows up on Monday. If you can keep him home and calm for a couple of days, it would give you time to formulate a plan...

I have to go out right now.

I suggest you check the Archives of Special Education 101 on this board or go to www.wrightslaw.com and do some reading.

You need to write some letters--I will be back tonight and if Sheila or Lizz haven't responded in detail, I will.

Hang in there.

Martie

 

[trice33]

Thank you so much for your response. I try to read the information on laws for children with Special needs but alway feel like I'm reading in circles and nothing makes sense. I would really like to find out how I can get an advocate to attend meeting with me at the school...Last meeting I had with the school said North Carolina has no such thing...I later found out that it was a lie. I tried to contact the advocacy program but got no response. The principle tells me they have no prior education in dealing with children with behavior problems and that I should send him to a place they called Horizons..Which my husband responed to her that it was a school for childern who haved had a run in with the law. I know she wants him there for her own personal gain and has sent at least 3 to 4 kids there a year. I feel as if I am rambling again..Thank you so much fro your Response. Heidi

 

[Martie]

Dear Heidi,

Here are two topics from the archives that will help you. Each contains a lot of links that others have found helpful (which is why we archive things.)

Here is EXACTLY what you need to do while looking for an advocate:

Send a letter to the superintendent of School stating that you want "a full, complete and legally correct EVALUATION of all aspects of your son's learning AND behavior that may be negatively impacting upon his ability to make progress in the general education curiculum."

State: who you are, your relationship (mother) your address (to establish that you live in the SD) and then the above letter. Do NOT tell them what to evaluate and don't defend your son. If you feel you are making a demand out of thin air, put "As provided by IDEIA 2004 (Individuals with Disabilities Education Improvement Act), please be aware that my son probably has a disability that prevents him from following schools rules and learning with accommodations for his special needs." Then include what is above.


Sign it, date it, and send it by CERTIFIED MAIL. Do not hand deliver, and do not talk to anyone about this on the telephone. Only certified mail will start the timeline for evaluation. You need to check your state's Special Education codes but basic understanding of the Federal Law is more important. You and your child have a TON of legal rights under this law. Getting your SD to act positively can be an uphill fight but for a young child, it is worth the struggle.

You CAN understand the law--anyone can--it just takes time and study. There are many resources for parents that help with the legalese. Basically, IF your child has a qualifying disability (which both ODD and ADHD are) then your SD has an obligation to provide your son with a FAPE (free appropriate public education) in the LRE (least restrictive environment) Special education is services, not a place to send children to get rid of them. The school cannot send your child to an alternative placement arbitrarily; it could happen but not before an evaluation, attempts to educate him where he is, staff training, etc.


Chances are good that because the school succeded in sending 3 or 4 other children to this Horizon program, they think you will agree also. Don't do it. That is why I suggested keeping your son home (call him in "sick") for a day or two to let things cool off; you do NOT want police involvement and that is what some SDs are starting to do: they call the cops for the most minor and "childish" behavior and that does not help at all; it may prejudice the chances of the child being educated in a public school.

I hope this helps you get started. Remember--don't sign anything (except your own letter) without checking with someone who knows the law. When you consent to testing--it is only that--you are not consenting to placement or any service. That comes later when the IEP (individual education plan) is written, assuming the child is found to be in need of Sp ed. You are a full memeber of the team that writes that plan.

Let us know how you are progressing--it is a step-by-step process and you are at square one.

Martie

 

[Sheila]

Our school has no Learning Disability (LD) or ED class and persist that we send him to a juvinile delinquet center for his education.

The purpose of an IEP is not to pull a child from one pre-designed environment and place him in another. Your school district has forgotten that IEP = Individual Education Program.

The Court has defined that IEPs [458 U.S. 176 (1982)]:

Required that the program that was developed would be "individualized," "personalized," "tailored," and "specially designed" to meet the "unique needs" of that one child.

"The purpose of the IEP is to tailor the education to the child; not tailor the child to the education. If the child could fit into the school’s without assistance, special education would not be necessary." [House Report 105-95 at p. 104]

Teachers are starting to make fun of him in front of his classmates.

It's unfortunate that some educators are not aware that can and do compound a child's problems when the educator responds in this manner. Part of this problem lies with the fact that educators do not get all the professional training they need.

School failure is far more than grades. From www.ldonline.org/ld_indepth/add_adhd/ael_behavior.html ""Chronic school failure demoralizes children, can cause loss of status and rejection by peers, destroys self-esteem, and undermines feelings of competence. As a result, it can undermine a child's attachment to teachers, parents, school, and the values they promote. It also generates hopelessness and helplessness. Children cease to believe that their efforts make a difference in outcomes...."

"Although schools cannot change underlying neurological impairments that affect children's cognitive, social, and emotional performance, they can help prevent impairments from causing academic and social failure by providing appropriate accommodations and early intervention." "

I'd request that the principal instruct the teachers to stop this before the little one starts to refuse to go to school, has to be put in counseling to content with-self-esteem issues, etc. I'd meet with the principal then follow up with a letter of understanding.

 

[trice33]

Thank you all so much. I have sent the letter to tha School Super. My husband is a detective with the local law enforcement here and has been studying the case laws. We have been reading all the information. Last night my husband just happened to run into the President of the board of Education, and discussed the problems we have been having with the princpal. She had called again yesterday about my sons behavoir on the bus. He had apparently had an episode and threw himself down in the middle of the aisle and took off his shoes and trew them at the other children on the bus. I called his doctor and he changed his medications yet again. I still have not received his letter of dignosis to give to the school. When I receive this letter should I give a copy directly to the school and ask for testing or should I wait for the Supers. response? Thanks again for all the help it means the world to me.

 

[Sheila]

I remember the days when everytime the phone range, I feared it was the school calling about my son's behavior. It was an extremely stressful time. It took time, but things did get better.

The school district is responsible for educating your child. That includes providing related services. Transportation is one "related service."

Transportation does not mean just a school bus. If he can not be transportated safely with regular transportation, the school district has other options such as a taxi or hiring a specialized medical transport service to get him there.

Legally, the school district cannot provide this type service until your son has been deemed "eligible for special education" by the IEP Committee. There is a caveat to this regulation however. It's an interim IEP.

From:
The Interim Individualized Education Plan

In order to avoid missing time line demands when developing an individualized education plan (IEP) for special education students, schools are beginning to develop an interim IEP approach. While draft IEPs and interim/working IEPs are permitted to establish a proper flow to the development of the IEP, they may not substitute for a final, completed IEP. Failure to develop a final IEP results in the loss of educational opportunity and constitutes a denial of a free appropriate public education under the Individuals with Disabilities Education Act. 34 CFR. Section Part 300, Appendix A, Question 55; See also Letter to Helmuth, 16 EHLR 503 (OSEP 1990). A draft IEP must be used for the purpose of discussion and may not serve as a completed IEP.

Under certain circumstances it may be necessary to temporarily place an eligible child with a disability in a program as part of the evaluation process before the definitive IEP is finalized to aid in determining the most appropriate placement for the child. Letter to Saperstone, 21 IDELR 1127 (OSEP 1993). In such situations, the school district is permitted to implement an interim IEP despite the general requirement that the IEP be in effect prior to providing services. Under the Individuals with Disabilities Education Act it is clear that should a temporary working IEP be required, it must be done as an interim IEP and meet all guidelines mandated under the law.

From the Federal regs:

14. For a child with a disability receiving special education for the first time, when must an IEP be developed—before or after the child begins to receive special education and related services?

Section 300.342(b)(1) requires that an IEP be "in effect before special education and related services are provided to an eligible child..." (Italics added.)

The appropriate placement for a particular child with a disability cannot be determined until after decisions have been made about the child's needs and the services that the public agency will provide to meet those needs. These decisions must be made at the IEP meeting, and it would not be permissible first to place the child and then develop the IEP. Therefore, the IEP must be developed before placement. (Further, the child’s placement must be based, among other factors, on the child’s IEP.)

This requirement does not preclude temporarily placing an eligible child with a disability in a program as part of the evaluation process—before the IEP is finalized—to assist a public agency in determining the appropriate placement for the child. However, it is essential that the temporary placement not become the final placement before the IEP is finalized. In order to ensure that this does not happen, the State might consider requiring LEAs to take the following actions:

a. Develop an interim IEP for the child that sets out the specific conditions and timelines for the trial placement. (See paragraph c, following.)

b. Ensure that the parents agree to the interim placement before it is carried out, and that they are involved throughout the process of developing, reviewing, and revising the child's IEP.

c. Set a specific timeline (e.g., 30 days) for completing the evaluation, finalizing the IEP, and determining the appropriate placement for the child.

d. Conduct an IEP meeting at the end of the trial period in order to finalize the child's IEP.

Just so you know, the second the school district received your letter requesting an evaluation under IDEA/IEP regs, he became protected under the citation of Protections for Children Not Yet Eligible for Special Education .