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Special Ed 101
What are my and difficult child's rights?
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<blockquote data-quote="Martie" data-source="post: 11856" data-attributes="member: 284"><p>Sheila took the words right out of my mouth. Your psychiatrist is your ally here. Whenever my ex-difficult child's middle school wanted to do something that was going to cause big problems--he was like your difficult child, more acting out at home than school until he REALLY fell apart--</p><p></p><p>His psychiatrist would just write a letter stating that whatever (forcing him to go into the cafeteria is one e.g.) is not only an inappropriate action on the part of SD personnel, but also had the potential to exacerbate his situation and NEGATIVELY IMPACT his long-term outcome.</p><p></p><p>Admittedly, I live in a very litigation conscious SD, but the above stopped them cold--visions of either difficult child's increased suicidality causing him to harm himself being laid at their doorstep or our seeking compensation for his long-term care because of their negligience (This is kind of technical--you can't "sue" under IDEA but general negligence laws still apply.) The psychiatrist's letters put them on notice that continuing the behavior would be negligent on their part bec. they had been INFORMED by the treating psychiatrist that their behavior was harmful. This stopped them in their tracks. No questions asked--they just stopped. In addition, when difficult child went to h.s. their half-senile consulting psychiatrist disagreed, ex-difficult child's psychiatrist said--in effect, Fine that's your opinion based on 5 minutes. I've been the treating psychiatrist since this child was 8. The SD's attorney decided to go with our psychiatrist's medical opinion rather than their own consulting psychiatrist. Fear of litigation can be used to your advantage, especially with internalizing behaviors.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 11856, member: 284"] Sheila took the words right out of my mouth. Your psychiatrist is your ally here. Whenever my ex-difficult child's middle school wanted to do something that was going to cause big problems--he was like your difficult child, more acting out at home than school until he REALLY fell apart-- His psychiatrist would just write a letter stating that whatever (forcing him to go into the cafeteria is one e.g.) is not only an inappropriate action on the part of SD personnel, but also had the potential to exacerbate his situation and NEGATIVELY IMPACT his long-term outcome. Admittedly, I live in a very litigation conscious SD, but the above stopped them cold--visions of either difficult child's increased suicidality causing him to harm himself being laid at their doorstep or our seeking compensation for his long-term care because of their negligience (This is kind of technical--you can't "sue" under IDEA but general negligence laws still apply.) The psychiatrist's letters put them on notice that continuing the behavior would be negligent on their part bec. they had been INFORMED by the treating psychiatrist that their behavior was harmful. This stopped them in their tracks. No questions asked--they just stopped. In addition, when difficult child went to h.s. their half-senile consulting psychiatrist disagreed, ex-difficult child's psychiatrist said--in effect, Fine that's your opinion based on 5 minutes. I've been the treating psychiatrist since this child was 8. The SD's attorney decided to go with our psychiatrist's medical opinion rather than their own consulting psychiatrist. Fear of litigation can be used to your advantage, especially with internalizing behaviors. Martie [/QUOTE]
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What are my and difficult child's rights?
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