why do schools not want to evaluate troubled kids?

Discussion in 'Special Ed 101' started by brandyf, Oct 26, 2007.

  1. brandyf

    brandyf New Member

    why do we have to send the certified letter and end up getting into it with the schools over this? my child messes up their day just as much as mine. wouldnt they rather find out where the problem lies? what is the main reason we have to fight with the schools so much?

  2. busywend

    busywend Well-Known Member

  3. SnowAngel

    SnowAngel New Member

    $$$ MONEY$$$

    and their precious TIME. :teacher:

    It requires more WORK on their part, way to much effort than they want to contribute. :surprise:

    Keep advocating and get what your difficult child needs, deserves and by law is entitled to!! :thumbsup:
  4. SnowAngel

    SnowAngel New Member

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">why do we have to send the certified letter and end up getting into it with the schools over this? </div></div>

    The CERTIFIED letter is to protect you and your difficult child. This is YOUR proof that they know there has been a request made to evaluate. Plus it gives them a strict time frame to complete the IEP process.

    Check out the Special Education archives. Really good info in there.
  5. SaraT

    SaraT New Member

    in my humble opinion it is because schools don't want to use their money to provide needed services that are required by law if a child is shown to be of need.

    Keep fighting. It took me 2 years and a diagnosis from a pediatrician before school gave my difficult child an evaluation and then IEP.
  6. Sheila

    Sheila Moderator

    Money, or lack thereof, would be at the top of my list.

    Another would be the lack of aggressive enforcement by the feds and SEAs. The way IDEA is designed, it's usually parents that do the real enforcement via the Courts. In order to "enforce," it usually requires a parent that has a good working knowledge of the Federal law and has dotted all the i(s) and crossed all the t(s). with-very obstinate school districts, said parent(s) typically must be big on principle and have very deep pockets.

    Another would be lack of personal accountability and liability. As a general rule, it's very difficult in many states to sue an individual educator (such as a principal or Special Education Director) even for flagrant, blatant non-compliant IDEA issues. I'm not an attorney, but I believe the non-compliant issues would have to be connected to criminal offenses, e.g., assault and/or battery connected with-improper disciplinary measures might be one example. I haven't specifically researched "remedies" in IDEA in years, but the best I recall is they are ordinarily limited to Due Process procedures as set out in Procedural Safeguards. (See http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6, .)

    If you do much research on suits involving special education brought by parents, you'll find the majority are styled something like John Q. Public, Next of Friend for Minor Child vs XYZ Independent School District or styling to that effect.

  7. SRL

    SRL Active Member

    To a much smaller degree there are some teachers who don't cooperate because they think it makes them look bad if they can't handle or help the child.
  8. Martie

    Martie Moderator

    A very good question...

    Under Federal law, educators cannot be held liable for noncompliance under IDEA...so what Sheila is saying is correct: if they are personally liable, it is for an offense that any teacher would be liable for: gross negligence, misconduct, malfeasance, etc.

    The SOLE remedy under IDEA is Due Process....however, there is a loophole: "any party aggrieved" of the hearing officer's decision, may appeal in federal district court. As Sheila said, this takes VERY deep pockets so that almost all Special Education case law is built either by very poor children and parents represented by advocacy rights groups, i.e., Cory H. in the 7th Circuit or the recent Supreme Court decision in which the father was a multi-millionaire and went to the Supreme Court on principle for OTHER kids' sake...it would have been far easier for him to just pay his kid's private school tuition--which he could have done a hundred time over. But what about the kids whose parents can't afford private school?

    Since 1975, the Supreme Court has heard more Sp Ed cases than on any other single topic...the intent of Congress in establishing Due Process procedures was to keep disputes out of court. That idea did not work...but the idea of FAPE has worked, but unfortunately usually only for kids whose parents are well-informed and willing to fight at the SD level for what their child needs.