Sent home again...

JJJ

Active Member
Shari,

While homebound would be a very restrictive placement, we did do that with Tigger for two months last year. The trauma at school was making Tigger feel like such a failure that it hurt so much. Luckily, we were in a position that I was able to quit my part-time job and homeschool him. We focused on improving his self-esteem and then added in some academics. If you go that route, feel free to call me.

The difference is my district knew that the teacher and aide were a large part of the problem and had already promised to replace them for this year so it was a short term solution.
 

LittleDudesMom

Well-Known Member
Shari,

this keeps getting worse for wee and the more you post the more we see the illegal activity on behalf of the school.

This is not going to be very popular among the members here, but were I in your shoes, I would pull my kid out of school which would be accompanied by a certified letter to the school, the school board, the superintendent of schools, and the director of Special Education for the district, and the state DOE (making sure that all those cc's showed up on the letter) advising them that your son has been denied FAPE, his IEP (a legally enforceable document) and his BIP were not followed (everyone coming in contact with your son is required to have a copy of his BIP and IEP). I would indicate your son was placed in a closet the majority of the last school year and has been out of school on suspension or "early dismissal" the majority of this year and therefore has been denied LRE which constitutes an illegal change of placement. I would go on to say that you have retained an advocate and an attorney (even though you have not yet retained an attorney and the advocate you do have now is questionable) and request an emergency meeting with representatives present from both the current school and any special education specialists from the district to find placement for your son that insures his legal right to FAPE. You will anticipate this meeting within 10 days or you will pursue legal action. Then see what happens....

You are going around in circles here and the school is leading the parade. They know exactly what they are doing and the para asking wee if he wants you is probably something she has been schooled to do by the principal - first sign of trouble, call mom. I've been there and done that.

Your child should not step one more foot in that building.

That's my opinion.

Sharon
 

Shari

IsItFridayYet?
Confuzzled, on my way home, I think I figured out the missing link you and I are having... I think (emphasis on think) that if the school can say wee's behavior is not his disability, and they say the suspensions are not a pattern, then they can choose the placement without my involvement. That is why I MUST prove its his disability and a pattern.

I also know he's not getting what he needs andd they likely can't provide it. BUt they've been unwilling to provide anymore, either. If they want him mainstream, then they have to figure out how to deal with him. In the most recent testing, he ranks on the 0.3 percentile for working memory for his age...he's a VERY SLOW processor. They have to accommodate for that. Or get him somewhere else. I don't care which, but they can't just magically expect him to make it mainstream if they aren't going bend for what he needs to make it mainstream.

SpEd director comes to all meetings. How much she knows beyond that, I'm not sure. I expect the superintendent to be there Monday, too. I have actually invited the paras to the IEP meetings before. So far, they've not come, but the school doesn't include them. They've got a flowchart of the BIP, and maybe an overview, but that's it.

My conversation with the addvocate was better yesterday. She agrees we should fight homebound now that we had a chance to talk longer. I'm trying to prep myself as much as possible, but I think she might be ok now, we'll see. EI was in a different district, they conracted Wee to that district for those 2 years. Wee's SpEd techer is slated to be out 4 days in the month of March. They definitely have the need for another...

Sharon, I am very close to that. I debated pulling Wee this week, and didn't. I will see where we get on Monday...I am angry and I think I have some good documentation to say, at the least, they've not done what they should have, and they obviously can't provide Wee FAPE unless they make some drastic changes. I may well pull him; but I'm not going to let them be the ones making that decision by saying its not his disability or whatever they may try. Beyond that, I may have no choice but to pull him...eacch incident gets a little worse, and Wee may not get over it enough to move forward there.

JJJ, I got your PM and that is where the advocate came from. Others who have pm'ed me, thank you...I will try to repond this weekend...I'm completely overwhelmed.
 

tictoc

New Member
I would go on to say that you have retained an advocate and an attorney (even though you have not yet retained an attorney and the advocate you do have now is questionable) and request an emergency meeting with representatives present from both the current school and any special education specialists from the district to find placement for your son that insures his legal right to FAPE.

I like Sharon's approach, but one word of caution: If you say you have an attorney, make sure you REALLY do and that you can take that person to the meeting. If you say you have an attorney and request a meeting, the school district will then be compelled to bring their attorney to that meeting. If you then show up without an attorney, you run the risk of that meeting being cancelled. The school district's attorney should, in that case, refuse to go forward with the meeting if you do not have your own attorney.

So, only say what you can follow through with.
 

Shari

IsItFridayYet?
I am with Wee now. When I picked him up from grandma, she pulled me outside.

Wee told her he was playing tag at recess and another little boy, George, joined in. George got the other boys to gang up on Wee, so he was ALWAYS it. He got mad and quit playing. He told his para("like 14 times"), but "she didn't pay attention". He hid under the slide, but they came under there after him. He finally threw rocks at them to make them leave him alone. The story from there was verbatim what the principal said. Wee said he was mad at the para and the principal because he got in trouble again, and they don't help him when he asks.

I know George from my extensive time in the classroom last year. He used to pick on a little girl last year, under the radar, to no end. I never saw a teacher stop him. He would get all his little buddies and they would gang up on her relentlessly, regardless of the game, in gym or recess. Of course, she gave them a big reaction for payoff, and this wasn't even my little girl, but he was relentless to her. I got to where I'd stay relatively close to her - he bothered her less that way. So I can beleive Wee's story, cause it fits exactly what I've seen this boy do, repeatedly. And Wee doesn't have a history of lying.

Wee repeated the story to me, same story.

So if this is true...and my guess is it is....this just ticks me off to no end.

In the 13 months he's gone to school there, he has had ONE incident on the playground other than today. ONE. (and there's always about 3 kids on the bench for throwing rocks....) And he's usually been without a para out there. And they treat it like some random, arbitrary, "wee flipped out" incident? Whatever.

HE ASKED HIS AID TO HELP HIM!!!!
 
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gcvmom

Here we go again!
Wee doesn't live in a vaccuum, and the adults at that school are treating him like everything is internally triggered -- when clearly it's NOT. And they are NOT paying attention.
 
Confuzzled, on my way home, I think I figured out the missing link you and I are having... I think (emphasis on think) that if the school can say wee's behavior is not his disability, and they say the suspensions are not a pattern, then they can choose the placement without my involvement. That is why I MUST prove its his disability and a pattern.

:-D

oh no, i got it. that most certainly is a necessity for monday. your whole situation bothers me so much i actually read up on manifestation determination. i cant comprehend how things have gotten to this point with one seven year old boy. and unless there is something really wrong with your personnel, i'd bet they feel exactly the same way.

our missing link is that *i'm* playing the school district (maybe i should have said that, ROFL!). to help *you* think...because i'm saying some of what you are going to be up against, and you better have a handy dandy answer to wear me (the school district) down, with lots of proof to back it up. and a plan. again, maybe i'm not familiar with the nuances of your state, but this whole thing is so beyond comprehension...starting with the fact that YOU are actually (unpaid, undocumented) personnel (ridiculously unreal).

i get that you want the best for wee. i think that you want what every kid deserves, and maybe have a hard time admitting to yourself that wee needs more. me too--but a time comes when you have to change whats not working :) and from where i sit, this SO ISNT. sometimes its really, really hard to see the big picture....we get so focused on what our kids need we lose sight of it.

first and foremost you DO need to prove that this is all a direct result of disability...and thats the main focus right now. but keep in mind, even if you win, what exactly did you win if it results in a stay put (which seems to BE the outcome if it IS a manifestation)? finishing out the year exactly as it stands now?? doesnt sound like much of a win to me. obviously, win or lose, this should end in a date for a new iep meeting....but these people cant meet the current one, so i wouldnt expect they will meet a new one (you said you had stuff to add)

i'm now confused that he was "contracted out" to another district for EI, yet thats not an option now...does the contracting district only offer EI, or do they have an elementary ed component? if you've set precedence once before, what the hail is the problem NOW--you have history of documentable success, they paid for it before, and so on...obviously they have no problem "contracting out" when necessary, so they can do so again, to meet his needs. period. but you cant be wishy washy--its got to be more, "based on his current iep, these goals are not being met in the current placement, and unless you can offer a workable solution, i suggest these goals would better be accomplished at Y program (or a program that looks like THIS, since you havent identified one yet, really), for these reasons: self contained, small group placement with consistent routine and personnel and less transition to minimize frustrations (etc, whatever). i've respectfully tried to work within your current programs structure, and its clear that my childs education needs canNOT be met within the constraints of your program. we now need to explore alternatives to get his needs met in the least restrictive setting in which they can be accomplished"

and then i'd whip out my calendar and ask what dates might be good for them to view these alternative options to make sure they are appropriate for wee.;)



but i'm trying to illustrate where this will be going on monday....(based on my vibe from what you've said re these school people). its not so simple as "of COURSE this is all part of a disability"...their agenda will always be different than yours, dont ever think anything different.

for whatever reason, i'm really invested in you guys...i'm SO waiting to open the "wee's most awesome day" thread....
 

Shari

IsItFridayYet?
I appreciate that, Confuzzled. I need to think these things thru like that.

My priority Monday is to keep him off homebound, unless homebound is for a very short, very specified time for them to implement another plan. I realize that's a minimal "win" at best. Priority number 2 is get them to see this isn't working and why, and get something drastically more in place.

Wee has, I think, SIX IEP goals. SIX. And they are vague and probably not attainable (85 sight words from a list of 100, and he mightbe able to read 20 at this point???). He should have 600, and they need to be specific. What are they going to do to TEACH him those words....not just that he will. I've gone thru the 21 page Speech Language Pathologist (SLP) report and the 14 page Auditory Processing Disorders (APD) report (the results of which I should share sometime - its rather amazing) and highlighted all the recommendations they've made -- not one of which has been implemented at school. EVERY AREA of the adaptive behavior evaluation was significant, yet there are no accommomdations in there as to how they're goiing to adapt the mainstream room to deal with them. Stuff like that, stuff that I didn't know before, and am learning. I'm working on listing out specifically where they've dropped the ball with the IEP/BIP, and I plan to stand up and say hey, you've had a year, you've either half-donkeyed anything I've told you to do, or haven't done it at all...now let's get something that will work. If they won't bring in an behavioral consultant (ps - I brought in a behavior consultant last year, and both he and the dev pediatrician told them "I don't care if he sits in the corner and you feed him jelly beans - the first thing you have to do is keep him in the building".), a trained para (I'm not even sure his aids now are truly paras), offer to pay for Lindamood Bell instruction, offer a small group setting or outside placement - if they don't offer SOMETHING substantially more than we've got right now, I will write Sharon's letter and copy it to DESE. And the advocate agreed, so we'll see.

They can contract out to another district. The district with the EIP does not have any services beyond the EIP that offers any more than what Wee has here. At least that I am aware, and teh EIP director has been helping look in their area (they are south of me). The district with the alternative school is north. I know our district sends kids there for other reasons, so I am making the assumption they could place Wee there, too. And I still hope they will.

FWIW, Wee's morning was AWESOME until recess. And mornings are his hardest time (for obvious reasons)...we haven't had a good morning following a full day in over a month.... I take the success where I can find it. What very limited time he's been on the Intuniv, thus far, has been good. And he feels its helping and feels like he might be in better control of himself, and that in itself is worth a small fortune. He looks like he's strung out on it, but if he feels better...hey. And I am praying praying praying that it will actually work for him because medications are so difficult with him.
 
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Shari

IsItFridayYet?
Hm... remember the day last week that he got sent home, and wasn't suspended, but couldn't come back til the next day???

Its on his attendance record as a half day suspension.
 

SRL

Active Member
Hm... remember the day last week that he got sent home, and wasn't suspended, but couldn't come back til the next day???

Its on his attendance record as a half day suspension.

Every single day that Wee has been sent home at the request of the school district is a suspension, unless he's sick or partial days are written into his IEP. Any other option is illegal as it denies his right to a similar education to those without disabilities.
 

DammitJanet

Well-Known Member
Shari....

This is my take on this and you can ignore it if you want.

Cory got the reputation as the "bad kid" and no matter what went on, it was always his fault. Other kids actually tore his ear away from his head by pulling on it and he got in trouble for screaming on the bus and suspended off the bus. In first grade! I could go on and on about the things that they blamed him for that really werent his fault.

I think what you need to do is show them in a point blank word document (you know, get all his incidents and use those pointed things under each incident and show how his IEP wasnt followed and how it was a part of his disability) then after all that, say...my son needs a small, self contained classroom with a SpEd teacher and ratio of no more than 1:8 and a para with him at all times.

Academic goals are not in the big picture right now. Goals of saying he should be reading 100 sight words are idiotic when they cant manage to get him out from under playground equipment without calling you and sending him home.

How are they teaching him a thing when they send him home?

The first goal is the self contained classroom and they can do that at his school. It may only have wee and a sped teacher they bring in if they have to do that. Fine and dandy. One on one education may be best for him. A para can take him to lunch and maybe recess with his peers but at no point is calling you acceptable. If something happens, back to his sped classroom he goes. No ifs, ands or buts about it. Thats their job.
 

klmno

Active Member
I think I'm with Janet at this point. It appears that they have a label on your wee and just don't want to deal with him and their solution is not going to be what is in his best interest unless you get someone backing you and that's going to have to be a Special Education attny and then the director of pec ed in your sd or someone higher up, in my humble opinion. I'm really afraid that you'll make the same mistake I did and wait to long beofre getting someone on board to help you stand up to the school. When parents continue to play nice and negotiate in situations like this, many sd's take advantage of that.
 

SRL

Active Member
Academic goals are not in the big picture right now. Goals of saying he should be reading 100 sight words are idiotic when they cant manage to get him out from under playground equipment without calling you and sending him home.

How are they teaching him a thing when they send him home?

The first goal is the self contained classroom and they can do that at his school. It may only have wee and a sped teacher they bring in if they have to do that. Fine and dandy. One on one education may be best for him. A para can take him to lunch and maybe recess with his peers but at no point is calling you acceptable. If something happens, back to his sped classroom he goes. No ifs, ands or buts about it. Thats their job.

I wholeheartedly agree with Janet that Wee's emotional well-being must come first right now, but I wouldn't let the academic argument drop either. Because Wee is already an IEP student, use it as leverage. When a student doesn't meet their IEP goals year after year, the school district is extremely liable and can face some very hefty remediation costs if parents choose to go after them legally. Wee's academic progress--including meeting his IEP goals--won't happen if he's not emotionally stable.

The key here is that the district needs to believe the parent is willing to hold them legally accountable, or else they can pretty much do what they please.
 

Shari

IsItFridayYet?
I agree, every time they send him home is a suspension, but on that one particular day, they actually marked it as such. All the others are listed as just "out - verified by parent".

Per the conversation with the advocate on Thursday, she agrees that they aren't even close to providing what he needs, and said if they won't make some drastic changes on Monday, that we need to file a complaint with DESE.

We'll see if she sticks to her guns on that one. If things go south and she doesn't? I will. I have no idea what I'm doing, but by God, I am doing something. Even if I have to publish some of their incident reports and Wee's BIP in the paper...the little local gossip sheet would LOVE stories of the use of a seclusion room...

Just her presence got their attention last time. I hope that's part of it this time, too.
 

Shari

IsItFridayYet?
One thing they are gonna holler about, tho, if I push them to make changes to keep him...Safe Schools Act.

Any suggestions on how to respond to that? They say they "have" to suspend Wee because of the safe schools act. I say BS, because in the safe school's act, there is a provision just for this reason, that the incident can be overlooked if there are extenuating circumstances. I beleive, in this instance, they are suspending him to make their jobs easier, and keep all the "typical" parents happy, but I need a good come back for that argument.
 

SRL

Active Member
One thing they are gonna holler about, tho, if I push them to make changes to keep him...Safe Schools Act.
Any suggestions on how to respond to that? They say they "have" to suspend Wee because of the safe schools act. I say BS, because in the safe school's act, there is a provision just for this reason, that the incident can be overlooked if there are extenuating circumstances. I beleive, in this instance, they are suspending him to make their jobs easier, and keep all the "typical" parents happy, but I need a good come back for that argument.

1) They routinely aren't following the BIP that they put into place.
http://www.wrightslaw.com/heath/disc.behave.why.htm

2) If Wee's presence in school compromises school safety in any way, then THEY are legally and financially responsible for providing an alternative setting. Even when kids are on long term suspension or expelled for serious offenses in our district, the district sends in instructors, whether that be at the home, juvenile detention center, hospital, or residential facility if they don't have teaching staff .

The more you explain, the more I'm seriously convinced they are waiting for you to move him out and foot the bill yourself.

On the 11th day of Wee's being "out verified by parent" aka suspended, he was entitled to educational services:
http://mpsportal.milwaukee.k12.wi.u...ageID=38291&mode=2&in_hi_userid=2&cached=true

School Suspensions or Disciplinary Removals

If a student with a disability is suspended or removed for disciplinary reasons, school administrators should follow the same due process procedures that are established for all students. Though there is no statutory limit on the number of days that a child with a disability may be removed for disciplinary reasons or suspended over the course of a year, students with disabilities have specific additional rights at the time of the eleventh day. For example, the school is obligated to provide educational services to children who are suspended more than ten (10) days, while the student is out of school. The IEP team or subsection 504/ADA team should meet to discuss the need for changes in the IEP or subsection 504/ADA plan. The provision of education services to students with IEP's beyond the tenth day of disciplinary removal must be documented.View the Students the Rights and Responsibilities page.
 

DazedandConfused

Well-Known Member
I know I'm a bit late with this...

I wanted to make a comment regarding the Para's being clued in regarding the IEPs. In the vast majority of cases they're not, even though they have most of the hands on day-to-day with the students. If a Para specifically asks about it (and way too many don't), the teacher will most likely give them the information in the IEP that is relevant to their job.

Para's don't come to the meetings because they are paid by the hour and the most districts will not pay for them to attend. I know the one I work for wouldn't. Especially, with so many budget cuts these days.

(((supportive hugs)))
 
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