Is there any laws/bills re: children with mental disabilities?

Discussion in 'General Parenting' started by Jena, Oct 1, 2008.

  1. Jena

    Jena New Member


    I have to wonder as I read the various posts, the struggles we all have had with schools, ieps, 504's, teachers, staff it just seems like this never ending battle for alot of us. Also with most of us in different states.

    I've spoken to my own therapist regarding this, different legislation trying to be passed, etc. it just seems as though there are no laws besides standard stuff, in regards to all of this.

    If us as parents are able to show documentation, have doctors (whether there is clear cut diagnosis or not) supporting our statements via letter or verbal, we have our own experiences as parents and our own input, documented experiences from teachers........what right do these either schools, or Special Education committee's have to grill the parents, simply put jerk us around with following provisions while difficult child's are in their care clearly stated on such ieps and 504's, all sort of issues i have seen here clearly stated by many many of us parents.

    It just seems a bit ridiculous, i do get that with any type of anything there is never going to be perfection, yet this to me seems like absolute insanity.

    Isn't it rough enough for us parents just parenting our children, finding the right doctors, the right combo of medication's, figuring out how to handle the issues at home with our other children, that ontop of all of that we have to push, and fight, and document, and blah blah blah...........

    Does anyone else see this as absolute insanity for us? Now granted i have not done the research here i'm just throwing this out there without knowledge if anything is out there, yet i would think if it were we wouldn't all be struggling so hard.
  2. jal

    jal Member

    It is insanity, but it all comes down to one thing...MONEY. They fight you and challenge you because if they granted every IEP that crossed their desks the SD's would be broke. If they grant the IEP then they have to hire extra staff, pay for testing/evaluations, possibly out of district placements and transportation. That alone can cost a school district $25,000-$35,000 a year.

    I have to say though that I haven't encountered the hostility, the run arounds, the insanity that most of the folks here have with their schools. I started with them when my difficult child was 3.5 and they "evaluated" him and said he didn't have a problem. I kept up with them every six months or so. By the time we got to Kindergarten they knew to watch for him and not even 1 month into school I got an IEP and a one on one para for my son, which meant they had to go out and hire another for the class ($). Then later came the behavioral functional assessment (more $). Then came the summer I went back to them and asked for a para to accompany my kid to summer daycare - they actually gave it to (even more $). Now my difficult child can't even function mainstream in a first grade classroom and we are waiting enrollment in an out of district placement for kids with-emotional/behavioral issues. Now that means they have to transport him from our home daily and pay the school a tuition.

    I never thought is would come this far, I always thought he'd be able to function mainstream, but I do believe they tried, they aren't just writing him off. They gave us so much in terms of support and specialists and they adhered to every letter of the IEP. I am fortunate, I know, because I read others struggles here and I know of friends who have problems too (they are not in the same SD).

    But my true believe why all the grief is it comes down to not wanting to spend that money. I do know that my son's elem school has 3 others already placed out of district and are footing the bill.

    I am sorry it has been such a struggle for you.
  3. Charmedpea

    Charmedpea New Member

    Hi Their,

    After 3 years of this on going behavor and none of us knowing what is going on. And since my difficult child is newly labeled adhd and odd. And after hospital stay because of over dose. Day 4 of high school they expell her for 80days, during that expellion I mention her diagnosis everything turned round they did an emergency testing to get her an iep. It was completed last friday was the last test we had a meeting today and her explusion is over turned and she returns back to school tomorrow morning with an IEP.

    YEP IEP. She finially got one. this is what kills me.

    My son's coach who has know my son for years, my son has spoke with this teacher/coach about his sister (difficult child) and tells him what her diagnosis is and this coach/teacher also had my daughter one year for Social studies, said his comment I knew something was wrong she just wasnt acting that way because.. UMMMM HELLO if you new something was wrong and that was 2 years ago why didnt you say something, why didnt you as a teach and someone that also has a child that has adhd say she needs tested? That just blows my mind.

    anyway, court is in two weeks. I'm hoping they give her community service to make her realize that she is responsible for her actions and their will be a price to pay and the world doesnt revolve around her, and she has to follow the rules they do apply to her.

  4. Lillyth

    Lillyth New Member

    Jal is right.

    It ALL comes down to money...

    I have heard from other parents in my SD that their clearly Learning Disability (LD) kids come back "fine" Every parent I know who finally got their kid an IEP for their disability had to spend money out of their pocket to get the proper evaluations.

    I have also heard on kids who sat in a corner, drooling, who had NO language whatsoever being blown off by our SD, as not being autistic.

    It pisses me off that so many of us have to go through this.

    What pisses me off EVEN MORE, is that the schools are FEDERALLY MANDATED to provide our children services -- but guess what?!!?!

    The Feds DON'T PAY FOR IT!

    So, in essence, the Federal Government says that the states must pay for this, and give them next to nothing for it.

    I think THAT is the major problem here. The Federal Government is bearing NO responsibility to pay for the things they are making the states do.

    Perhaps what we need to do is band together and get some legislation passed that would REQUIRE the Federal Government to pay for all of this, that way the broke SD won't feel so compelled to tell us our kids are doing fine, and pass kids who only complete 25% of their work...
  5. Marguerite

    Marguerite Active Member

    I knew it was Federally mandated, but I thought in the US that also meant the Federal government paid for it?

    That IS what happens in Australia.

    OK, it is administered through our local school district (which answers to state dept of ed) but all they have to do is fill in the paperwork and the money flows down from Federal budget.

    And here I've been, envying you lot...

  6. klmno

    klmno Active Member

    Jen, the laws are very different for juveniles and vary from state to state. For instance, here at least, a juvenile is supposed to be read his rights before being arrested and has a right to an attorney and/or parent prior to be questioned. However, I've never heard of a single case where that happens because the policemen intimidate the kid into believing all sorts of things- one told my son that they had tried all day to find me and I could not be located. That was a blatant lie. I was home except for about 1hr 45 min at school for a meeting. And, caller ID never showed ONE phone call. I double checked phone records to make sure they were consistent with caller id, thinking maybe my phone hadn't been working correctly. Then, if the kid doesn't spill his guts, the policeman tells the judge that the kid was "uncooperative". Whereas, as an adult, "uncooperative" verges on meaning that someone caused a problem or was lieing, I think.

    As far as school, check on line and see if you can locate your state dept. of education's regulations for Special Education. I found some useful things on our state's web site that helped me in dealing with the school. State regs should be fairly consistent with federal law and their compliance impacts how much federal funding they get. I found that the state dept was a lot more interested in being in compliance than the actual school was.
  7. Stella Johnson

    Stella Johnson Active Member

    I'm not quite sure what laws you are asking for. There is the American's with- Disabilities act. If the school is not following the IEP there are ways to escalate your issues. Several on this board have done this.

    You will always have to push and fight for services. Just the way it is. The system is overwhelmed.

    What is it you think you are bein jerked around about?

    I think you need a plan of what you think your difficult child needs. Then you talk tot he professionals on how to get it done or listen to what the professionals think your child needs.

    Please don't take this the wrong way but in my experience, being combative with the school will get you no where. You need them to understand you are doing what you do for the good of your difficult child and you want their help. It goes over much better. ;)