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Special Education & Section 504 - Right or Wrong?

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eleanor1995

Guest
:mad: Is there anyone who can and/or will help me find answers and/or resolution for my 17 year old child, in a longstanding issue in Special Education and/or Section 504?
My child enrolled in Kindergarten in Maryland, hard of hearing. The SEA was notified verbally and in writting, followed by medical documentation. There remained a dispute between SEA and parent concerning appropriate services. The SEA failed to fully inform the parent of all and all [Section 504] educational right's, responsibilities and services available throughout Elementary School, and opted to mistreat this child as avoidant in lieu of hard of hearing! He was physically abused in grade 4 at age 9, whereby an art teacher did misperceive his gross hearing impairment as avoidant, defiant and oppositional behavior, and she did, in an effort to get his attention, kick his chair, verbally humiliate him in the full presence of his classmates, grab him and shove him into metal filing cabinets, and recruit several other teachers to physically restrain him, as he panicked in fright to separate himself from her and seek help, and the administrator did confine him in a locked room for the remainder of the school day, without notice to parents! The SEA did then begin to scapegoat this child as a problem-child - even alleging him to be a gang member! Local Police seemed ignorant of how to respond to this serious school incident, advising parents to seek SEA conflict resolution. Child developed social anxiety, mood and sleep disorder. Parents obtained counseling in an attempt to help the child problem-solve school issue's. Parents sought mediation, to no avail. M-Team and/or IEP process was delayed throughout Middle School. SEA focused attention on alleged avoidant, defiant and oppositional behaviors. He was again physically abused in grade 7 at age 12, whereby a substitute science teacher misperceived his hard of hearing impairment as avoidant, defiant and oppositional behaviors too! He was engaged in what appeared to be a power struggle, following an order that he did not hear, back-handed across the face, fell to the floor, carried mid-air from the classroom to the main office by the belt loops, detained after school, and returned home with a black eye and scuffed chin (from the back-hand and fall to the classroom floor). And again, the local Police seemed ignorant of how to respond to this serious school incident. Despite 7 separate interviews confirming this child's account of thiis SSI, the local Police and SEA alleged this incident to be a racial issue!?! Mid-way through Middle School, evaluations to determine handicapping condition were finally initiated, after years of delay, debate and educational deprivation via multiple suspensions on allegations of avoidant, defiant and oppositional behaviors! Special Education and Section 504 was determined and recommended - as this child developed and was hospitalized 11 days out-patient for depression, attempted suicide, and self-mutilation! Discharged with recommendation to pursue both counseling and legal closure for educational abuse and deprivation. Family medical and financial hardships developed during this M-Team and IEP process. Family relocated to East TN in search of affordable costs of living.
East TN SEA immediately rejected MD IEP recommendations for Special Education and Section 504. East TN SEA stated, "We do things different here, and we do not recognize other jurisdictions." They also laughed as they denied parent request for Due Process. Parent received no reply from State Board of Education regarding this complaint of educational wrong. Multiple alleged disciplinary reports and suspensions followed as this child was misperceived as a problem-child in lieu of hard of hearing and other health impairments. Following parents complaint to the Federal Dept of Education, OCR determined 'multiple educational wrongs.' Inclusive of county-wide Section 504 deprivations. FDE-OCR advised county SEA to initiate Section 504 services or lose funding. Mediation followed to afford SEA opportunity to make good faith efforts to resolve this child's complaint and right's in education. SEA set aside parents request for residential program in favor of lesser means [a computer without technical support and/or repairs and maintenance, and half-baked services] and (an emotionally impaired and uncertain, and certainly uninformed) child's desire to stay put (close to home). Interim homebound instruction provided by 3 inept teachers. Coincided with incomplete HLC remedial math. Although HLC remedial math was showing promised success and potential, this was withdrawn upon private school placement during initial independent psychiatric evaluation and treatment. [Child now suffers hearing impairment (hearing aids), ADHD, social anxiety, mood and sleep disorders. Subject to thoughts and feelings of failure, hopelessness and helplessness.] Parents were not fully informed of and did not understand Private School placement, which later proved to be designed for 'troubled teens' and failed to cooperate and/or work more fully with parents and local district SEA to ensure all and all IEP components for this student. Student was discharged from PSP, and placed in G.E.D. program, with inept transportation services, that left him unattended 1 hour before class. Local SEA then placed student in Proficiency Math class on an abbreviated school day in the local high school, as a means of securing TCAP scores, to determine future full day program placement at the high school. Child requests for IEP Review fell on deaf ears. IEP Review further delayed beyond semester turn over while M-Team members attended work shops. SEA current proposal is to provide student with a regular education diploma via fast track graduation (May 2002), derived solely from TCAP and ACT scores, without high school academic credits and transcripts, with empty promise to promote 4 year college plan at MTSU. SEA is using bribery tactics to encourage student agreement with this plan proposal, i.e. driver license endorsement. SEA is using discouragement tactics to entice this student to accept a fast track graduation in lieu of a true education (i.e., 3 months versus 3 years, without guarantee or promise of personal ability and/or success). And SEA is failing to fully inform student of college requirements and SEA responsibilities, or other services that may ensure true academic success-achievement - beyond high school, in college or in the work force. SEA is setting this child up for failure and relapse! SEA is also attempting to intimidate parents into agreement via threats of manifestation and/or truancy court, and age of consent relevant to student's right to 'quit.'
State funded legal representative has done an about face from original confidence and course to secure this child's rightful education in whole - not in part, and has now provided uncertain and vague advise. From advising me that I can name my price for 'money damages' if the SEA fails to fully and/or wholly accommodate this student in education, if they're effort's prove not to be in good faith - to telling me that naming my price for money damages may prove to be an uglier educational battle than I may be able to cope, that the SEA has a right to make good faith effort, and that this child has to accept equal responsibility, which he has not and cannot. Thereby forfeiting his right's? And now advising me that because of the educational deprivations, my child has limited choices?
Can anybody tell us if this child has to settle for less than a true and rightful education? Because he is other health impaired? Because the local SEA believes they have made all the good faith effort's they intend to?
 



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