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Disabled children being denied public education

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C

czanne

Guest
Hello, I'm a parent of four children in Pennsylvania. Staright to the point, here is my situation....

This past June, I called the local public school to enroll my 4 yr old twin sons in Preschool. They have ADHD, Pervasive Development Disorder, Disruptive Behavior Disorder, and underlying Sensory Integration Disorder. When I called the school, I asked to speak with the elementary center principle. The secretary told me she was not available, but she would return my call as soon as possible. I felt it was important to sit down w/ the principle and staff and discuss the boys' medical conditions so that the school could be prepared for their needs. Well, the principle refused to return my phone calls (I called three times in one week), but finally, after the third time, she did call back. I told her I would like to schedule a conference to discuss the issue further before enrolling the boys for the current school year. I was stonewalled. The principle began to literally stutter, and threw the following excuses my way:
1) Our school doesn't have a special ed program
(they in fact, DO have a special ed program)
2) We don't have the funding for special ed services (also untrue, I recently obtained copies of audit reports which show the school was given over $370,00.00 in funding for special ed)
3) I don't know what those disabilities are, so I doubt the pre-k teacher does either
4) The school is really over crowded, there are 50+ children enrolled in pre-k this year, I don't think we have room for the twins, and I don't think the pre-k teacher can handle twins (wtf?)

I got off the phone with her as quickly as possible (mostly so I wouldn't totally lose my patience and tell her off) and called the local intermediate school district. The supervisor there told me what the public school principle did was illegal, but in the meantime, it was imperative that I got the boys' enrolled in some kind of school program. The I.U. unit enrolled them within a week. But, when they were evaluated by the I.U. the specialist that tested them told me that in order to enroll them, they would have to fudge the test scores because they scored too high and technically qualified for public school (for example, they have the language skills of an eight year old). The twins are currently in their eighth week of school, and they are doing incredibly well. I am in daily contact with their teachers via communication books, and for eight weeks, they have received nothing but the highest praise.

There is an upcoming school board meeting at the local public school, and I will be there with full intentions of shedding some light on our situation. ALthough I would not pull the twins out of the I.U. program eight weeks into it, I do want my boys placed in public school for the next school year (The I.U. is a terrific school, but the twins travel 40 minutes each way every day to get there and back, and also, there is no reason why they shouldn't be in public school).

At this point, I'm still trying to avoid a courtroom battle w/ the public school. I think suing them will cause more harm than good because my five year old son attends kindergarten there and I'm worried about possible reprocussions against him, and I'm afraid a lawsuit will take away from the funding and grants the school receives for special education already, so I'm worried that it might take away from any special ed students already enrolled there.

Here are my questions,,,
1) Should I retain an attorney now, and possible have him/her come to the school board meeting with me?
2)If this does go as far as a lawsuit, do I have to sue for monetary value, or can it be for something else, such as enforcing the school district to establish an adequate special education program?
Any information you can provide will be greatly appreciated. The school board meeting is next week, and I want to be fully prepared. Thank you for your time.
Czanne
 


D

dorenephilpot

Guest
The mechanism by which you can fix this is due process. It's administered by your state's department of education.

From your description, the school has violated your children's federal and state rights to a free appropriate public education in a variety of ways.

Find an attorney in your area whose practice focuses on special education law. Don't just take the first attorney who says he/she is willing to take your case.

This is a very specialized area, and you need someone who knows the laws.

Your attorney would submit a request for a due process hearing to the state agency. The agency then assigns an independent hearing officer to hear the case.

Most of the cases (especially one that sounds so egregious) settle. So you might not actually HAVE to go to a full-blown hearing.

If you substantially win, then your attorney fees, expert witness fees, evaluation fees, etc., are ordered to be paid by the school.

Don't let them get away w/this. If they told you this, they're telling other parents the same thing and basically failing to do their job attempting to educate your children.

Check out reedmartin.com and mayerslaw.com to get yourself up to speed about what your rights are.

Best of luck to you!
 

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