Need To Know difficult child's Rights

Discussion in 'Special Ed 101' started by AmyH, Apr 2, 2008.

  1. AmyH

    AmyH New Member

    My son started his current school last year. We made a move from a VERY small system (about 30 grads a year) to a HUGE system (900-1000 a year). We thought this would offer more help for both our children academically and socially. Well, difficult child immediately started having trouble, grades went from A-B's to D-F's partly I feel is because at the old school he had had the same teacher since 1st grade.

    He is in general education classes, but is pretty much segerated. He has been placed next to the teachers desks, goes to bathroom breaks alone, leaves class 5 min. early (as not to have runins with bullies) and attention has been called to the fact that he is different. One of his teachers actually said "Blake you are being weird today" in front of the class.

    We have had several meetings with the school and teachers. He was placed on a 504 plan, which doesn't help at all. The teachers do not follow it. I have talked to the teachers and counselor on an almost daily basis. I have been asking for academic or psychological testing for him or both because of what is going on. Well after weeks of hearing nothing on that subject the counselor emailed me and said she wanted an evaluation from the psychiatrist BEFORE she contacted the school psychologist.

    Well, we just started going to the new psychiatrist (only 1 visit). He changed all of Blake's medications and said that he is going to treat him as ADHD and Bipolar but we are just beginning. It is impossible for the psychiatrist to see him 1 time and know exactly what is going on. The school is really hacking me off. It is like they are setting him up for failure because he does not fit the norm to them.

    Ok now to the question. What are our rights to testing? Do we have to provide an evaluation from the psychiatrist first? Isn't that like double testing? What can I do about the out and out segeration and name calling of my son? They have even called him annoying in email's to me! I don't want to push so hard that I cause trouble for him all through school in this district, but I want him to get all the assistance he needs.

  2. Sheila

    Sheila Moderator

    You do not have to provide any type of evaluation.

    If you request IN WRITING and VIA CERTIFIED MAIL for the school district to evaluate your child, the sd must perform the evaluation or give you written denial explaining why they are refusing. ("Because we said so." isn't adequate.)

    There are sample letters in the archives for requesting a Full and Initial Evaluation if you need one. The term Full and Initial Evaluation is right out of the federal regs but states call it by various names.

    The separation sounds like 504 accommodations to me. Are they listed in his 504?

    Calling a child names is never appropriate in my opinion. Have you talked to the principal about it?

    Try not to be overly sensitive to terms like "annoying." It's hurtful, but the fact is, is that many of our kids have annoying behaviors. But turn it around, use this type of information to advocate for services your child needs. Very important to keep emails such as this.

    Get your letter in the mail and then begin self educating yourself about your's and your son's education rights. There's a "getting started" thread in the Sp Ed Archives and lots of other useful information. Also, is a "must bookmark" site for parents of school age children with disabilities.
  3. AmyH

    AmyH New Member

    The 504 outlines help with work such as extended due dates. A daily agenda signed by the teachers. Weekly reports of any missing assignments and able to redo any assignment with a 60 or less scored. Extended testing times and leaving class 5 min early.

    One of his teachers moved him directley in front of her desk, his is touching her's and the other sat him in a corner by himself. In one class he is not allowed to work an any groups because him and several of the boys in that class have had problems. All of the problems are not his fault. He has been hit with a broom stick on the way home, had his bike stolen, food left in our mail box, our house creamed and several other things done by these kids. Not to mention the day to day calling him a fag, fu***** idiot, homo and several other things. When the school was approached about it we were told this is the worst 5th grade class they have had come through there ever. And there are just alot of bullies in it. They are doing everything they can. Well Blake gets fed up with the name calling and and finally goes off. Yelling to leave him alone, "why are you being mean to me" and the teachers think that is antagonizing well I would eventually go off too if kids wouldn't leave me alone. If he is overly happy or talkitive one day kids will ask "did you take your medicine today" Seriously, how is that any of their business. They would not of known about it if the teacher did not tell the class about Blake's situation.

    Just venting!