2 special needs boys rights are being violated

[Helpmy2boys]

our two wonderful sons are special needs and medically challenged. Christopher our 4 1/2 year old son came home on four different occasions from his special ed preschool with signs that he was either being abused or neglected at school. After we confronted the school several times and got no where, we took him to the Dr and we're advised to contact special victims and cps, which we did. After the authorities got involved the school kicked Christopher and Christian out. So since the end of January Christopher has not been in school nor has he had any of his specialized services that he desperately needs. Now Christian (2.5) is without his school and desperately needed services as well. please help us get help for Christopher and Christian, life is hard enough for them on a regular basis without them being abused/neglected at school and then having everything that they know and need taken away from them for no reason.

 

[FlyingRon]

If CPS and the school district won't step up, you'll have to obtain an attorney. There are lawyers who specialize in education law especially when it comes to exceptional students.

 

[HRZ]

I am not up on preschool IEP issues ...but in general a change of placement /denial of IEP services without due process is a big big legal problem in education circles , if your children have IEP services .

it's unclear what steps took place in any proper manner ...you really need some help from somebody skilled at education law matters .

 

[FlyingRon]

At the age of 2.5 and 4, if they're getting school services at all, there's already been a determination on the kids. Believe me, my wife was a special ed teacher and we had a special needs child.

If there is actual "abuse" then you need to report it to CPS or the Police. Frankly, if you raised the issue with ANYBODY at the school, they are mandated to do the same.
As for "level of service" issues, in most districts the squeaky wheel gets the grease. Don't take no from an individual school teacher or administrator. Proceed up the chain to the school board itself, if necessary. In addition to IEP issues, if the children have physical disabilities, consider a 504 action. However, if the district stands their ground, you WILL need an attorney. Oddly, I've found that schools often change their attitude once an attorney shows up.

 

[stealth2]

The state involved would be helpful.

 

[Just Blue]

our two wonderful sons are special needs and medically challenged. Christopher our 4 1/2 year old son came home on four different occasions from his special ed preschool with signs that he was either being abused or neglected at school. After we confronted the school several times and got no where, we took him to the Dr and we're advised to contact special victims and cps, which we did. After the authorities got involved the school kicked Christopher and Christian out. So since the end of January Christopher has not been in school nor has he had any of his specialized services that he desperately needs. Now Christian (2.5) is without his school and desperately needed services as well. please help us get help for Christopher and Christian, life is hard enough for them on a regular basis without them being abused/neglected at school and then having everything that they know and need taken away from them for no reason.

In what U.S. State is this happening?

 

[xylene]

are we talking about public school

 

[t74]

Look at the Department of Education's Office of Civil Rights website. You might try talking to someone at the regional OCR office as well. The woman I spoke with was very helpful; I may have just gotten lucky but was very pleased with her explaining the process.

In my area all education law specialists represent the schools and not the students. You might have better luck with a disability law (not SSDI) specialist. Check with your local support groups for references to attorneys.

If you file a complaint with the OCR, be sure to include everything. We found that approaching the problems one at a time was not as effective (per the mediator) as if we had included all violations in the first complaint.

 

[HRZ]

AS requested , state would help...and clarification is critical as to if these are children covered by an IEP created thru a public school or LEA...even if the services are provided by a contracted provider.

OP ...many of the issues concerning IEPs are matters set by Federal law and regs ...and there are some strong levers at your disposal IF this is a covered situation. And the law provides for your attorney fee recovery IF the school is ultimately held to have done it wrong...and schools know this , but sometimes you need to clearly remind them ...many a public school has a whole staff devoted to " special education " ....start making calls today and follow up in writing .IF this is a covered situation. Some early intervention services as provided via an IEP ...I don't know about if a 504 is yournsituation...it's a much weaker tool especially as to due process.

IF this is a covered situation, I would be seeking correct immediate placement. PLUS make up services ..measured on services missed and or necessary to catch back up.

 

[FlyingRon]

While the IDEA and several other related laws are FEDERAL, the state and local rules dictate how the least restrictive environment and the like are implemented.

Again, absent knowing the state (and likely the district), it's hard to give a better answer than I have already done.

 

[HRZ]

We need to know what kind of program and state.

IF IF it's an IEP I disagree in part with FlyingRon...the Federal rules set a floor and the states are free to do more but not less, and to boot a student apparently wo due process is way on wrong side of any rules. There are some emergency provisions but we have few clues as to what's going on and where.

 

[HRZ]

IDEA also covers 3-5 as minimums...if the state or LEA extended it to 2 or whatever ..it is super likely that all due process rights and duties apply to an IEP for the younger child as well . ( Been there done that kind of battle )

 

[Just Blue]

It would perhaps be wise to wait and see if OP is even in this country.

 

[FlyingRon]

We need to know what kind of program and state.

IF IF it's an IEP I disagree in part with FlyingRon...the Federal rules set a floor and the states are free to do more but not less, and to boot a student apparently wo due process is way on wrong side of any rules. There are some emergency provisions but we have few clues as to what's going on and where.

I didn't say anything of the sort. I said it is the states/individual districts that are responsible for implementing the IDEA and other such acts. What due process you can and must avail yourself of first is not in the federal law. We need to know the district to provide useful information rather than throwing petty pedantic barbs at each other.