School problems

[Chrln_little]

What is the name of your state (only U.S. law)? MD

A little history on the situation: My parents obtained custody of my nieces when they were born. There mother had mental problems that, at the time, the doctor could not distinguish. The two girls were enrolled in our local school district. The oldest, now 10, was enrolled at the beginning of kindergarten, and the youngest because of her speech problems was enrolled when she was 3 and spent 2 years in pre-kindergarten.

I would like to add before I start that I have full access to my nieces' school records and I am allowed to make decisions on their education. I am the person my family has designated now to attend Individualized education plan meetings and teacher/principal conferences.

My parents have been arguing with the same school for the last 4 1/2 years. The problem started when my oldest niece began kindergarten. She had a developmental problem and a behavioral problem that could not be diagnosed until she began school. After almost 9 months of her being in the school she was diagnosed with aspergers syndrome (a type of autism) and ADHD. After the diagnosis, they put her on an individualized education plan. Throughout this 9 months there was a considerable amount of calls (up to 5 calls per week) about my nieces behavior. Regardless of what my parent's tried she was moved to another school to begin special education classes. She is fully capable of speaking and is barely below grade level. We have come to the conclusion over the years that it is better to leave her in the class that she is currently in because the school board is refusing to budge and the principal stated that he would not put it on the record but my niece "would not ever return to this school as long as he was principal."

My youngest niece however, who is now 7, is above grade level in some areas, and at grade level in others.She currently attends the school that we had problems with in the past. We have tried everything to ensure that she gets a good education even though her sister has had many obstacles. We try to stay up to date with the teacher and ensure progress. However, she is not making any even though she can do the work. I receive long notes about what my niece is doing in class other than her work. I have asked the teacher to redirect her instead of taking notes because it is not benefiting my niece to be scolded hours after the fact. She comes home with hours of homework, up to seven hours several times a week. I know she is not the only child who is having trouble because I help tutor 6 other children after school and they have the same amount of homework and amazingly almost the same exact pages.

I have had 5 meetings with the school so far, since September, about my nieces performance. Today, the meeting was horrible. It started out with the principle telling me everything that "I" was doing wrong. The teacher had a horrible attitude. When I brought up that my niece was not the only student having these problems and that I tutor 6 other children every night in the same exact areas, I was told that it was none of my business and I needed to learn where I stand.

When my niece tried to explain that the teacher speaks to fast during instruction for her to understand and that she feels like the teacher is mad when she asks for her to clarify directions. The teacher laughed at her and began asking "Where is your assignment book, I want to see your assignment book right now. I don't see why you are even at school, it isn't like you do anything when you are here."

I looked at the principal, waiting for a response from him. I of course figured he would find the way the teacher had spoken to her as a problem. He just sat there. I tried to be as polite as possible and stated to the principal that I did not feel the way the teacher spoke to my niece was appropriate and that it may possibly be the reason she does not respond positively to the teacher. Yet again, I was told that I needed to mind my own business.

I contacted the local school board only to be met with bureaucratic stalling and useless attempts to diffuse my frustrations. After 5 hours of being on the telephone attempting to get my nieces teacher changed, I was told that the principal would not approve the change and that the school was ran by him and there was nothing the school board could do to intervene.

After this I contacted the state board of education. They stated that there really wasn't much they could do other than put pressure on the principal to make the change. I attempted to try an out of district transfer, which he told the school board he would not sign off on. I tried to get the paper work for home school. I was prepared to teach her myself through a program in Washington D.C. that is based online and is in full compliance with my school board requirements. the principal would not sign the paperwork for the school board to switch her to home school because he doesn't think it would be beneficial to my niece.

I know that someone, somewhere in this mess of a school system, there is someone that can help me. I just don't know who that would be. When is it that I have some grounds for legal action to get my niece moved to a new school. Can someone please give me some direction with this situation?

 

[Isis1]

We have a senior member here that is pretty familiar with the school system, and other parents who have special needs children with IEP's.

Please check back every few hours for some really good pointers. Just one question I do have, aside from the IEP, do you have a regional center of some sort? Attend any autism parent support groups?

 

[Chrln_little]

We have a senior member here that is pretty familiar with the school system, and other parents who have special needs children with IEP's.

Please check back every few hours for some really good pointers. Just one question I do have, aside from the IEP, do you have a regional center of some sort? Attend any autism parent support groups?

My oldest niece, the one with autism, goes to a psychiatrist and a counselor to learn to deal with day to day life and the frustrations that come with the racing thoughts that she has. She also receives occupational therapy, and physical therapy through the school. We have managed to minimalize her medications to only 3 per day. One for ADHD, one to help slow her racing thoughts, and one to help her sleep. (With out the sleeping pill she would be up for sometimes 3 days straight.) We have several close family friends whose children also have autism, except their children are considered to have "true autism." It is amazing to watch them interact. They seem to communicate on a level that we cannot manage. Somehow my niece always knows what they need, even though they do not have the gift of speech.

My youngest niece, the one I am having the most immediate problem with, only has ADD which she is being treated for. She is in speech therapy through the school and on an IEP plan for that, but nothing else. Her speech problem has almost completely resolved. Her family physician showed us how to do the mouth exercises that they teach in speech therapy so that we can help her at home as well.

 

[CJane]

I'm posting this "by proxy", as the friend who is very knowledgeable on educational issues is unable to access the boards right now... so please, you can quote me and ask questions, but understand... these are not my words and she will hopefully be able to access the boards after work...

********
This is one of the rare instances in this forum that I absolutely agree that you have a legal issue, maybe even a case against the teacher and principal.

If you Google, "IEP" a whole host of resources come up, but the underlying point is that the teacher should be providing the best possible education for the student, and the student should be provided with a fair and appropriate education.

I ABSOLUTELY believe the school, the teacher, and the principal have violated your nieces' (both of them) rights to an appropriate education. The older one should never have been moved to a separate school. She has the right to inclusion (a type of special education where a resource teacher from special ed monitors the student, but the student remains in the classroom) which is the least restrictive environment. Part of the hallmark of special education is that students are not EXCLUDED from education, but included to the best of the school's ability. The school has VIOLATED your nieces' rights.

I would first demand that your oldest niece be removed from the special ed school (where she is very likely not being served to her ability) and either be placed in the current school district, or preferably the other district you have access to. They have violated her rights to a fair and appropriate education, and you could legally prove that, based on the facts you presented here. I don't understand why on earth this principal wouldn't agree to the transfer requests, homeschool requests, or any of your requests. It is absolutely ignorant of state laws concerning special education and appropriate educational setting.

The teacher and principal could be frustrated because of the undiagnosed children, but once they found out the diagnoses, the school should have kicked it into high gear to accommodate these students. They have absolutely violated the law concerning fair and appropriate education and setting, and you need to act on that.

If you can afford a lawyer, you should retain one to at least scare the crap out of these educators and this school district. Even if you could get a lawyer to draw up a letter that you will sue based on all the previous infractions concerning special education law, and that they would be better suited to honor your request of an out of district transfer than pay all the lawyers fees they are going to occur when you retain a lawyer and win. If I had more time, I would draft the letter for you. Maybe I will be able to do that tomorrow.

I am absolutely disgusted with the ignorance of some educators. They are screwing themselves right into the ground by messing with special education law and these children's rights. And the fact that they have most likely injured the older student by placing her in a restrictive setting where she can't maintain at grade level is deplorable. You need out of this district. For sure.
*******

 

[Chrln_little]

Cannot afford an attorney

At this time my family cannot afford an attorney. Any help you can give would be most appreciated. The school is under the impression that we cannot afford one as well. We are not poor, but we are in the working class that makes it from paycheck to paycheck with a little cushion in the middle.

Thank you very much for letting me know I am on the right track. I of course refuse to give up on the grounds that I believe it is their right to a good education. I cringe at the thought of home school, mostly because I feel that they deserve the socialization that they get in public schools. My oldest niece's social skills are already lacking due to being in a class with only 3 students and completely separated from the rest of her school. The only time that she has access to the other children in the school is at recess, but she has been away from a typical setting that she does not know how to properly respond to other children her age.

 

[Chrln_little]

On the phone again

I was on the phone off and on today with my local school board. The superintendent himself stated that he did not feel comfortable moving my niece to a different class room for fears that she may regress because of the change. I tried to explain to him that I did not feel that it would cause her to regress and that I feel that it would benefit her in the long run, even if there was some hesitancy on her part at first.

At this point my mom, who has custody of my two nieces, feels that the battle is hopeless. I however, am willing to fight for these two children no matter how tough it gets. I will move heaven and earth if I have to to make sure that they get the education that they need to be successful in life.

 

[Humusluvr]

Checking to see if I can post now

 

[Humusluvr]

I was on the phone off and on today with my local school board. The superintendent himself stated that he did not feel comfortable moving my niece to a different class room for fears that she may regress because of the change. I tried to explain to him that I did not feel that it would cause her to regress and that I feel that it would benefit her in the long run, even if there was some hesitancy on her part at first.

At this point my mom, who has custody of my two nieces, feels that the battle is hopeless. I however, am willing to fight for these two children no matter how tough it gets. I will move heaven and earth if I have to to make sure that they get the education that they need to be successful in life.

At this point, have you had evaluations by the special ed department? How big is the district? What has happened at the ARDs?

 

[Chrln_little]

At this point, have you had evaluations by the special ed department? How big is the district? What has happened at the ARDs?

I have tried to get the school to administer testing to my niece. So far we have not had any testing done. Her primary care physician feels that by her "dibbles" test scores that she is performing fine. The dibbles test Dynamic Indicators of Basic Early Literacy Skills indicate that she is at grade level in most areas. They do say that her work does not prove accuracy with her dibbles scores.

Could you please tell me what ARDs is?

 

[Chrln_little]

School district size

The school district is relatively small, as we live in a rural area.

I forgot to mention that in our last election, the principal's brother was elected pretty high up in the board of education. However, I do not know what position he holds.

 

[Humusluvr]

I have tried to get the school to administer testing to my niece. So far we have not had any testing done. Her primary care physician feels that by her "dibbles" test scores that she is performing fine. The dibbles test Dynamic Indicators of Basic Early Literacy Skills indicate that she is at grade level in most areas. They do say that her work does not prove accuracy with her dibbles scores.

Could you please tell me what ARDs is?

ARD is the meeting process where they make changes or implement strategies for IEP's. It's the Admission, Review, and Dismissal process. In these meetings should be the student, admin, teacher, you, and the special ed staff. You should be looking for the fairest, least restrictive environment for the students. If they haven't had one, but the student has an IEP, there's something seriously wrong. Like illegal wrong. Is there an IEP for both girls?

 

[cyjeff]

Just for the sake of clarity, what was the nature of the disruption the principal described?

Was the child, for instance, violent?

 

[Chrln_little]

ARDs

The school has not called a meeting for my youngest niece at all. The last time we had an IEP meeting was at the beginning of school. I have asked for an IEP meeting several times since she was diagnosed with ADD. However, I was told that since her IEP only included speech therapy, there was nothing to modify. This was told to me by the school principle several times and once today in front of the "student liaison for the school. I stated that is why I needed the IEP meeting, if there is a condition that could become a severe behavior problem over time, I wanted to prevent the problem. The teacher stated that my niece already has a behavior problem at school. I asked if the teacher has witnessed a behavior problem, is that enough to warrant adding behavior modification of some sort to her IEP. The principal stated that he did not have anymore time he had a few matters he had to take care of and if I did not mind could I finish the conversation with the Superintendent.

My oldest niece has an IEP meeting on the 15th of this month to finish addressing an incident that occurred about a month ago. A teacher's aide in her class grabbed her by the arm and jerked her. The school's psychologist intervened and found the claims to be founded. However, the incident was not large enough to warrant the teacher's aide being moved to another class. So the school psychologist held a meeting of the teacher, the teacher's aide, and the principal to express her concerns and tell them not to put their hands on my niece. During this meeting they will decide if my niece will move to yet another school. (This will be the 4th school for her.) However, this school has special programs to teach students with autism and all spectrum disorders like autism life skills and independence that they cannot learn in a traditional school. Things such as learning to care for themselves and learn about money. But like I said before, she is barely below grade level and I think sending her to a special school for autism is a very rash decision. We are allowed to give our input, but ultimately it is up to the IEP team, or at least it has been so far. We asked that she not be moved the other three times that she was.

 

[Chrln_little]

Just for the sake of clarity, what was the nature of the disruption the principal described?

Was the child, for instance, violent?

She was never violent to other students. She would hit her head and vocalize her frustration. She is able to tell you how she feels, however, if she felt attacked, lets say a teacher grabs her by the arm and redirects her, she will jerk away and say please don't touch me.

There have been other students in the school who have gotten along fine. However, they had severe autism and medicaid paid for a special one-on-one teacher for them.

 

[Chrln_little]

Missing point

After conferring with my mother, she decided that there was an important point to add.

There was a time that their mother lived with my parents. The children were very young. My mother had to remove my sister from the home because she was abusive to them. She would grab them by the arm and jerk them or when no one was in the room try to lock them in the closet. As soon as my mother found out, she had my sister arrested and placed in an independent living arrangement. Which she has since left.

This is why my oldest niece does not like her arm touched. My youngest niece responds to anything that a child could mistake as aggression as well.

The school is very aware of this as well.