Beginning of a nightmare

[Alison W.]

I am having what I believe is major trouble with my daughters grade school. We live in Indiana.
My daughter is in 2nd grade and is learning disabled. She has regular special ed classes, does well, and is making progress in that room, but the regular teacher (who is only with her a short time a day) constantly makes comments about how poorly she is doing-tells her she smells and other derogatory comments (my daughter does go to school clean). We have an IEP in place, and this teacher is not following it. There is also a problem with harassment in the classroom, in both the special ed room and regular room. A boy that's been in her class for 2 years has constantly punched and abused her, we have gone to the school a number of times. This past week he went one step farther, and pulled her pants down in gym class. My daughter told me about the incident and I have made calls to the school and still have no call backs. Instead, I get calls about no socks, or other things that seem non-essential to her learning...I am sure many kids who dress themselves forget these things occasionally...just happens that the day they called me on that is the same day she had her pants pulled down-and no one thought to inform me of this...I feel like her civil rights are being broken in a number of ways and just do not know where to go from here.

 

[seniorjudge]

I am having what I believe is major trouble with my daughters grade school. We live in Indiana.
My daughter is in 2nd grade and is learning disabled. She has regular special ed classes, does well, and is making progress in that room, but the regular teacher (who is only with her a short time a day) constantly makes comments about how poorly she is doing-tells her she smells and other derogatory comments (my daughter does go to school clean). We have an IEP in place, and this teacher is not following it. There is also a problem with harassment in the classroom, in both the special ed room and regular room. A boy that's been in her class for 2 years has constantly punched and abused her, we have gone to the school a number of times. This past week he went one step farther, and pulled her pants down in gym class. My daughter told me about the incident and I have made calls to the school and still have no call backs. Instead, I get calls about no socks, or other things that seem non-essential to her learning...I am sure many kids who dress themselves forget these things occasionally...just happens that the day they called me on that is the same day she had her pants pulled down-and no one thought to inform me of this...I feel like her civil rights are being broken in a number of ways and just do not know where to go from here.

What is your legal question for us?

 

[Alison W.]

legal question

My legal question is are they breaking her civil rights, and what recourse do i have to protect her, other than what I have attempted to do already by sending letters and making calls? How can I make this harassment stop, and trouble with the teacher either come to an end or be between her and I on the phone?

I just don't know what to do next...I hate seeing my daughter picked out of a group and harassed by anyone, and I feel helpless when the school will not put an end to it.

Thanks

 

[seniorjudge]

My legal question is are they breaking her civil rights, and what recourse do i have to protect her, other than what I have attempted to do already by sending letters and making calls? How can I make this harassment stop, and trouble with the teacher either come to an end or be between her and I on the phone?

I just don't know what to do next...I hate seeing my daughter picked out of a group and harassed by anyone, and I feel helpless when the school will not put an end to it.

Thanks

You need to hire an education lawyer....

 

[Alison W.]

Education attorney

Thank you for your response Seniorjudge

Will an education attorney address the harassment or only the teacher issues? Or both? I am apprehensive about the after affects of going the legal route, but will do it if that is my only option.

There are other issues between the school and I that we just can't agree on in addition to these. They are requesting I take my daughter to a neurologist, even though they have full records from one she had been seeing already...I respect the DR, and have no need to return according to the DR. Can they force me to pay an extraordinary amount of money for care that is unnecessary?

 

[notsmartmark]

Your state has a brand new antibullying law. Here's a site regarding the expectation for implementation: http://doe.state.in.us/isssa/pdf/bullying_olweus-timeline.pdf

You need to talk to the school's committe to register a complaint.

The school cannot require you to pay for an evaluation. Tell them you cannot afford it. Yoy can enter into an agreement to use your insurance and have the school pay the out-of-pocket expenses.

 

[Alison W.]

Thanks

Thanks for the link.

I did complain verbally, sent letters, just need to send register receipt next.

It goes deeper than what I have written here, but this is the main happenings.
The school has not only allowed the bullying and sexual harassment to go on, but they have also called DCFS because I refused to take her to another neurologist. DCFS of course felt their time was wasted, but had to come here, which I understand-they also never followed thru by giving me a written report (30 day required time frame)-but that is fine.

The IEP should protect my daughter, but I almost feel like it is hurting her in some ways.

 

[notsmartmark]

You seem to be doing every thing right.

Does the Special Education Director know that DCSF was called because of an evaluation request? If you haven't informed the Director (or, whatever the title is given), do. If you have, you need to talk to an education lawyer to see if what was done was illegal. It's hard in these forums to know the entire story. If the story is correct and I was advising the district, I would be recommending to the district to issue you a formal, sincere, written apology. The first word in FAPE is free. If the district felt the evaluation was needed for special education identification or services, the district cannot compel you to pay for that information.

I can only imagine that the attacks are much more concerning to you. I only glanced your state’s anti-bullying law, but most states are similar. No law will guarantee that adverse events will not occur. What they typically include are guarantees that steps will be taken when bullying occurs. Your state’s law is so new someone more familiar with it needs to advise, because there seems to be implementation stages.

This could also be an IDEA complaint. You would have to prove the bullying impacted her ability to receive her Free Appropriate Public Education, FAPE. It’s a challenge, but it’s possible.

 

[goodgrief]

I am having what I believe is major trouble with my daughters grade school. We live in Indiana.
My daughter is in 2nd grade and is learning disabled. She has regular special ed classes, does well, and is making progress in that room, but the regular teacher (who is only with her a short time a day) constantly makes comments about how poorly she is doing-tells her she smells and other derogatory comments (my daughter does go to school clean). We have an IEP in place, and this teacher is not following it. There is also a problem with harassment in the classroom, in both the special ed room and regular room. A boy that's been in her class for 2 years has constantly punched and abused her, we have gone to the school a number of times. This past week he went one step farther, and pulled her pants down in gym class. My daughter told me about the incident and I have made calls to the school and still have no call backs. Instead, I get calls about no socks, or other things that seem non-essential to her learning...I am sure many kids who dress themselves forget these things occasionally...just happens that the day they called me on that is the same day she had her pants pulled down-and no one thought to inform me of this...I feel like her civil rights are being broken in a number of ways and just do not know where to go from here.

Have you tried going to the school board? I would make sure I was at the meeting and explain to them the seriousness of this situation and that if they didn't have the time to listen to my complaints, and find resolution, I would take it up in a more public venue. You yell loud enough and somebody is gonna listen if for no other reason to shut you up. Don't let them continue to get away with treating your child this way.

 

[Alison W.]

Goodgrief:
I haven't gone-officially-to the board as of yet, but have talked to a few members. They told me to file a PD report about the incident with the boy, but the boy is 7-8 years old and I just don't think the PD needs to be involved when this is all happening in school.

notsmartmark:
I had her tested (an edu eval) 2 years ago (end of kindergarten-different school) and at the time they recommended occupational therapy, and speech. Not things that need an outside DR in the school system. Her ped DR & nuro at the time wrote letters stating it would be beneficial to her and I had to also...the school did the testing and everything seemed to be fine until this year. Just so happens that next year she will be in 3rd grade...where state testing (ISTEP) will take place and they have failed to bring her up to par (compared to where my 9 year old was) so in my mind and with the issues, I feel this has all to do with money some how.

Your right in saying the attacks are a huge issue for me (and her especially)...she is small-45#'s, that boy is 300#'s +...he has been suspended for 'flipping the teacher off' and cussing in the halls. he's violent and just seems to be progressively acting worse. I plan to go to the school tomorrow...they still haven't returned calls...letters, nothing. But they did send me a letter today on bathing, hair combing, etc...I'm really sick of it. I have been sending her straight out of the shower to school for weeks now just to spare her the hurt feels...she's 7 and should be able to be like every other kid and skip a bath here and there, IMO. I checked with the school code of conduct and it has nothing about a bullying statue, so it must be new. The punishment for harming another student (called plain harassment) is suspension or expulsion depending on the situation...it's all by their discretion. I should tell you she has tremors, that aren't constant, but much worse when she is scared or nervous...so this boy, and the regular teacher, are aggravating this...in turn making it hard for her to learn/pay attention. Days he absent are better, or days she spends more time in the special ed room, when he's not there, are especially productive! So FAPE could possibly help...maybe I should cut and paste the guidelines into my next written letter to them.

The DCFS thing...I never got an apology or anything from any of them, although the DCFS lady was very nice, and didn't see any problem-still no report back from her. I was so angry about it that I didn't bring it up in any of my letters to them- but plan to if they will ever get me in for a meeting....it's just not right.
I will check into the IDEA and FAPE...it is a public school system and just by them calling DCFS and not reverting back to her IEP, they broke a few Fed-edu regulations.

Thank it really helps to vent...and i appreciate the advice very much!

 

[notsmartmark]

Not the best week to send the shower letter. I know it means little, but from a school district employee, "I'm sorry." Schools do get rogue teachers and principals. I'm assuming the principal sent the letter. I hope they talked to you about any concerns before sending the letter.

I’ve seen on a lot of assumptions about special education and money. Special education is not a moneymaking department. In my district the sped department spends it's money, the general education money special education students produce and a pile of extra general education money on special education services.

I think their concerns are from the OT, speech and tremors. They seem to be thinking that the tremors are neurological in origin and are related to the OT and speech concerns. It's a good inquiry. I hope they are explaining in detail why they were concerned. Typically, schools will express their concerns and ask you sign a release so that the concerns can be forwarded to your daughter’s pediatrician. Does your pediatrician know about the tremors and sped services? The school might have good intentions, just run way amuck?

I’m assuming your 45lb daughter is not in the same grade as the 300lb student. Have you requested that she is not in the same class at the same time as the offending boy? Schools are in a tough place because they have to serve the boy, but your daughter doesn’t need to be around him, if at all possible, to receive her services.

You need to get a sped lawyer or knowledgeable individual to help you draft a letter with some very specific language that puts the school on notice.

 

[Alison W.]

Thanks,
The boy is in her grade and is the same age (he is just a big boy). They moved him out of the class for 2-3 weeks when he caused all the trouble with the teacher, but since have moved him back in, unfortunately. I do feel for the boy...he needs help! I know I am assuming by saying his family life probably is not the best, this seems like a very young age to be acting out like that.

The letter that was sent was signed by the principal and nurse (stamped more like it) but typed on the school nurses paper and addressed directly to me. Other than the day when they told me about her coming to school with no socks, they have not mentioned it to me before.

I understand the special ed is by far not producing money for the school, but I cannot help to think every special ed kid in the entire school shares the same 2 special ed teachers (and room) for 60% of their day regardless of age or grade level-maybe they save this way…I’m not sure. I did sign an agreement to allow them tobill medicaid for the services...so that should have helped. My daughter has been doing awesome in that class-a huge improvement over last year- I see improvement as a sign that what they have done has helped immensely. Therefore, their concerns seem unfounded to me because of this and I am not seeing the need to go back to a new nuro because they were not satisfied with the first…the first was/is a specialist in ped neurology.

The nuro did run tests (c-scan with dye injected, and came back normal) they did some other testing...basic really with writing and body control at the nuro's office. She has been seeing her since birth...the problem (shaking) started in her eyes and then left the eyes and moved into her head, then finally the hands. She thinks (the nuro) that it is something she will outgrow and it is not severe. The ped and the nuro both agreed that the meds that are available to control shaking (they haven’t called it tremors) are not for her because it only happens when she gets upset or nervous; it is not constant and very rarely do I see it at home. They both recommended the OT and speech...her speech trouble is more to do with her teeth than anything, shaking, when it happens is only in her hands. The OT is supposed to strengthen her hands (at least that's what I was told) but it seems to help...last year I could barely read her handwriting, this year, it's clear as can be...almost as good as my 3rd graders writing-and better than many in her classroom.

I am in the process of finding a DR to do an outside education eval, neutral of the school, but it is tough in IN to find one. If I find one, I am sure they can help write a letter or at least to update her IEP asking that she be able to learn separate from the boy...or some guarantee they will be aware and pay attention to what goes on. I am afraid since he pulled her pants down and no one stopped him, it could happen again or he could do worse to her.

I am not sure what a sped attorney is...is it the same as an education attorney?

 

[sisymay]

You can go to www.wrightslaw.com and on the home page there is a link for 'yellow pages for kids' and on that page you can find a listing of educational (special education) attoryneys listed by state.
If a school wants any testing done, they are suppose to pay for it.
You allowed the school to bill medicare for their services? The school is suppose to pay for any services and testing themselves. If you do talk to a laywer, show him/her the agreement you signed for this. This should be illegal.
Why is the school wanting more tests? You should tell them to put their reasons in writing. Make a written request to the school for a 'prior written notice' stating what they are wanting to do and WHY they are wanting to do it. According to IDEA laws, the school is suppose to give this to you.They can't just say 'do it' they have to have a legal reason for this. Plus, THEY are suppose to pay for it.
You as a parent are a part of the IEP team and you can call an IEP meeting at any time to request anything you would like put on or took off the IEP. A doctor does NOT have to do this, you can. When you suggest anything to be on or off the IEP, and the school does not agree with your suggestions, again they are suppose to give you this 'prior written notice' stating what their decision is and WHY. Schools usually don't want to do this because most times their reasons are illegal. So if they don't give you this letter, you can then file a state complaint, and the state will make them put their reasons in writing.
You are exactly right, it ALL has to do with money somehow. Schools will fight you to NOT help your children. This is rampant all over the country!!
If the school does not reply to your letters I would go on up the chain of command. Superintendent, then the state dept. of education.
I would also document a letter to the school stating every detail that has happened, what the boy did, that you wrote letters, that the school never responeded. And, in this letter ask why you were not informed of what this boy has done and also ask was he discliplined for this.
Cc a copy of this letter to principal, and superintendent.

 

[dallas702]

You need to quit wasting time with the bureaucracy and get a lawyer. The cretin who calls her/himself a "teacher" while criticizing your daughter should look for other employment (I won't suggest where). If they can't guarantee the safety of all the students because of some bully, then the bully needs to be removed and placed in another setting. It's so simple, and yet school adminstrators make it so complicated. Don't let them make their problems into your problems. Your daughter certainly does have rights in this matter. A lawyer will make them very clear to the people who can't seem to understand the big picture.

Do it now.

 

[Alison W.]

Ok, update...
I sent letters...until yesterday I had no other occurrences, or responses. My daughter came home from school and told me her teacher picked up her shirt to look at a 'bruise' the 'bruise' is really a rug burn she got playing at the neighbors house sliding down the steps with her friend almost 2 weeks ago. I sent another letter telling the teacher it is inappropriate of her to be pulling her shirt up for any reason. I explained how the rug burn got there and where it happened...the neighbor just happens to by the mayor of my little town. Today I received back a nasty gram from the teacher telling me she did not touch my daughter..I never said she did. And that she has a responsibility as a teacher to report any marks on kids..which I completely understand....but at the same time she NEVER contacted me about it or obviously believed my daughter when she told her how she got it.
They have finally moved that boy from sitting next to her after another incident of her not being able to do her work because he was sitting so close...he had her shaking so bad as the nurse said that she couldn't hold her pencil to write. Yet they are ignoring the fact he pulled her pants down and will not acknowledge any letters or statements I have made to them in that regard except to say they didn't see it so it must not have happened...UGGG...it ticks me off so much that I want to scream LISTEN TO WHAT I AM SAYING PLEASE! They wont and the only thing I can do at this point is hire an attorney...and I am having such a horrible time at finding one.
I have written letters, made calls to the school nurse about the other trouble I have been having..she's the only one to listen so far. I am sending off a LONG letter to the super tomorrow morning...maybe I will get a response this time...I just don't know if I should mention hiring an attorney...or leave that for a surprise for inaction later. I somehow feel if I mention it they will react to me..in a positive way if they are truly concerned for my daughter...or in a negative way if they are feeling like retaliating for all my comments.

what do you all think?