Case against school?

[marine03]

First off, I want to thank everyone that takes the time to reply. I'm just going to try to summarize and hit the main points about our situation.

My wife and I are parents of a special needs son. Last year was the first year of a new life skills program in our district. We were very excited about them offering such a program. Educationally it is a wonderful program. Our issue is the environment. This is where it gets tricky. There are 5 kids in there. Four of them are around 10 years old and then another is 6. The child who is six is very far below other 6 year olds. Before I go any further let me say we hold nothing against this child. How could we since we are parents of a special needs child. We also understand that he deserves every opportunity at an education as our son. We are just looking out for the best interests of our son. This other child has no vocabulary and lets out screeches for his communication. On a normal day he will scream well over 100 times and same days over 200 to 300 times. The main teacher admits that some days it's over a hundred but other days it's only a few. We know it is never just a few because 8 other teachers say otherwise. Last October he screamed so loud it instantly ruptured a teacher's eardrum. She said she bent over to help him, there was a blood curling scream, instant ringing and pain, and her ear started oozing liquid. That kind of lets you know the intensity of his screams. We have been fighting since last November trying to get something done for our son. We know that all we can do is fight for our child's education so we told them we want him out of the life skills room and back in the special ed room with an aid. On top of the loud environment our son has Sensory Integration Disorder. Regular noises bother him such as a vacuum or a toilet flushing. When he hears these noises he covers his ears and runs out of the room. He is then frustrated for the next hour or so. This other child also hits others quite often. Our son, who suffers from seizures, has been hit on the head numerous times. During the school year there was a 3 month period where he had 6 seizures. Over the summer when he was away from the environment he didn't have any.

We have had numerous meetings with them with our last being a few days ago. They said they feel that the life skills program is the best place for our son. We don't disagree with them there. We know it's the best program for him but the environment is not the best place because of his Sensory Integration Disorder and just the noise in general. In November we had a meeting with just the teachers and they all agreed it was a huge issue. I asked them if they could sit and concentrate on a book in that environment and they all said no. If an adult couldn't how could a child with special needs? Once the district superintendent got involved is when everyone changed their story. He has a huge temper and does intimidate. My wife is a teacher in the same school so she knows him well along with the other teachers. With my wife being a teacher up there they aren't able to pull blinds over our eyes. She knows what is going on in the classroom. We have caught them in many lies.

Sorry for rambling. It's just a very emotional situation. We don't want to file a case against them if we don't have to but how can we feel comfortable sending our child to an evironment like that? I now our next step is filing a complaint with the state and then due process but is there any other claim we could have against them such as child endangerment? Is DCFS a good idea? There's nothing stopping this child from screaming so loud it causes trauma to our son's or another child's eardrum. Plus, they aren't doing anything about the hitting. Their anwser to us is that this is how this child communicates and that he doesn't hit "that much". We aren't asking them to change anything in this other child's education because we know we can't. We are just asking for our son to be put in a diffrent environment so he can have a safe proper education.

Thank you for any and all replies.

 

[Humusluvr]

First off, I want to thank everyone that takes the time to reply. I'm just going to try to summarize and hit the main points about our situation.

My wife and I are parents of a special needs son. Last year was the first year of a new life skills program in our district. We were very excited about them offering such a program. Educationally it is a wonderful program. Our issue is the environment. This is where it gets tricky. There are 5 kids in there. Four of them are around 10 years old and then another is 6. The child who is six is very far below other 6 year olds. Before I go any further let me say we hold nothing against this child. How could we since we are parents of a special needs child. We also understand that he deserves every opportunity at an education as our son. We are just looking out for the best interests of our son. This other child has no vocabulary and lets out screeches for his communication. On a normal day he will scream well over 100 times and same days over 200 to 300 times. The main teacher admits that some days it's over a hundred but other days it's only a few. We know it is never just a few because 8 other teachers say otherwise. Last October he screamed so loud it instantly ruptured a teacher's eardrum. She said she bent over to help him, there was a blood curling scream, instant ringing and pain, and her ear started oozing liquid. That kind of lets you know the intensity of his screams. We have been fighting since last November trying to get something done for our son. We know that all we can do is fight for our child's education so we told them we want him out of the life skills room and back in the special ed room with an aid. On top of the loud environment our son has Sensory Integration Disorder. Regular noises bother him such as a vacuum or a toilet flushing. When he hears these noises he covers his ears and runs out of the room. He is then frustrated for the next hour or so. This other child also hits others quite often. Our son, who suffers from seizures, has been hit on the head numerous times. During the school year there was a 3 month period where he had 6 seizures. Over the summer when he was away from the environment he didn't have any.

We have had numerous meetings with them with our last being a few days ago. They said they feel that the life skills program is the best place for our son. We don't disagree with them there. We know it's the best program for him but the environment is not the best place because of his Sensory Integration Disorder and just the noise in general. In November we had a meeting with just the teachers and they all agreed it was a huge issue. I asked them if they could sit and concentrate on a book in that environment and they all said no. If an adult couldn't how could a child with special needs? Once the district superintendent got involved is when everyone changed their story. He has a huge temper and does intimidate. My wife is a teacher in the same school so she knows him well along with the other teachers. With my wife being a teacher up there they aren't able to pull blinds over our eyes. She knows what is going on in the classroom. We have caught them in many lies.

Sorry for rambling. It's just a very emotional situation. We don't want to file a case against them if we don't have to but how can we feel comfortable sending our child to an evironment like that? I now our next step is filing a complaint with the state and then due process but is there any other claim we could have against them such as child endangerment? Is DCFS a good idea? There's nothing stopping this child from screaming so loud it causes trauma to our son's or another child's eardrum. Plus, they aren't doing anything about the hitting. Their anwser to us is that this is how this child communicates and that he doesn't hit "that much". We aren't asking them to change anything in this other child's education because we know we can't. We are just asking for our son to be put in a diffrent environment so he can have a safe proper education.

Thank you for any and all replies.

I can totally understand this being emotional for you. Unfortunately, you can't change anything about the other child's placement. Legally, they really shouldn't be discussing this other child with you. It violates FERPA.

If your son's IEP states that the most inclusive environment is in this life skills program, then that is where he would remain. I can understand why you have safety concerns, so that is where I would take this.

I would write a letter to the principal and superintendent that states that you feel this is an unsafe environment for your son, and that he is being assaulted by another student. You should also state that your child has a right to be in a safe environment, and if the school is unable to provide that environment, you ask that he be given his OWN classroom with life skills training. I would also include that since you have made them aware of the safety concerns, that if they don't address them in that class, you will press charges for assault.

Usually a strongly worded letter with the consequences clearly spelled out will spark them into motion. If it doesn't, I would file assault charges each and every time your son is hit.

Your son is ENTITLED to a Free and Appropriate Education (FAPE). Being hit is not appropriate. Check out this site.

Free Appropriate Public Education under Section 504

Good luck!

 

[Just Blue]

First off, I want to thank everyone that takes the time to reply. I'm just going to try to summarize and hit the main points about our situation.

My wife and I are parents of a special needs son. Last year was the first year of a new life skills program in our district. We were very excited about them offering such a program. Educationally it is a wonderful program. Our issue is the environment. This is where it gets tricky. There are 5 kids in there. Four of them are around 10 years old and then another is 6. The child who is six is very far below other 6 year olds. Before I go any further let me say we hold nothing against this child. How could we since we are parents of a special needs child. We also understand that he deserves every opportunity at an education as our son. We are just looking out for the best interests of our son. This other child has no vocabulary and lets out screeches for his communication. On a normal day he will scream well over 100 times and same days over 200 to 300 times. The main teacher admits that some days it's over a hundred but other days it's only a few. We know it is never just a few because 8 other teachers say otherwise. Last October he screamed so loud it instantly ruptured a teacher's eardrum. She said she bent over to help him, there was a blood curling scream, instant ringing and pain, and her ear started oozing liquid. That kind of lets you know the intensity of his screams. We have been fighting since last November trying to get something done for our son. We know that all we can do is fight for our child's education so we told them we want him out of the life skills room and back in the special ed room with an aid. On top of the loud environment our son has Sensory Integration Disorder. Regular noises bother him such as a vacuum or a toilet flushing. When he hears these noises he covers his ears and runs out of the room. He is then frustrated for the next hour or so. This other child also hits others quite often. Our son, who suffers from seizures, has been hit on the head numerous times. During the school year there was a 3 month period where he had 6 seizures. Over the summer when he was away from the environment he didn't have any.

We have had numerous meetings with them with our last being a few days ago. They said they feel that the life skills program is the best place for our son. We don't disagree with them there. We know it's the best program for him but the environment is not the best place because of his Sensory Integration Disorder and just the noise in general. In November we had a meeting with just the teachers and they all agreed it was a huge issue. I asked them if they could sit and concentrate on a book in that environment and they all said no. If an adult couldn't how could a child with special needs? Once the district superintendent got involved is when everyone changed their story. He has a huge temper and does intimidate. My wife is a teacher in the same school so she knows him well along with the other teachers. With my wife being a teacher up there they aren't able to pull blinds over our eyes. She knows what is going on in the classroom. We have caught them in many lies.

Sorry for rambling. It's just a very emotional situation. We don't want to file a case against them if we don't have to but how can we feel comfortable sending our child to an evironment like that? I now our next step is filing a complaint with the state and then due process but is there any other claim we could have against them such as child endangerment? Is DCFS a good idea? There's nothing stopping this child from screaming so loud it causes trauma to our son's or another child's eardrum. Plus, they aren't doing anything about the hitting. Their anwser to us is that this is how this child communicates and that he doesn't hit "that much". We aren't asking them to change anything in this other child's education because we know we can't. We are just asking for our son to be put in a diffrent environment so he can have a safe proper education.

Thank you for any and all replies.

Sorry...I perhaps missed the US state you are in?

 

[marine03]

Thanks for the quick reply.

We live in Illinois.

We are well past a letter to the superintendent. I sent him an email back in February. He has been attending the meetings since March and is very involved in all of this. We feel he is a lot of the problem due to intimidation. Once he learned of our situation the teachers all changed their opinion on everything. This guy has a temper and I can see how he would be intimidating. At a meeting last May when we were sitting at the table he leaned forward towards my direction, pointed his finger at me, and was yelling accusing us of disriminating against another child with a disability even though we never once said that child shouldn't be in the classroom. We just want our child in a safe and proper environment so his needs can be met. Everyone now says it's a safe environment. They school is denying the ruptured eardrum even though we know for a fact that the aid filed for work comp and was approved. She also has a doctor report. (which I assume would be needed anyways for a work comp claim)

We have already requested that our son be removed from the environment but it was denied in a meeting that we had a couple days ago. We even had a letter from his pediatric neurologist stating how she has noticed changes in our son and that he should be removed from the environment.

What they have pretty much done is have turned it around saying how our son has a behavior problem. We never once heard of any behavior problems until March which was 7 months after school started. Once they new we weren't going to let any of this go they then took that approach. In the daily notebook where the teacher would write how the day was it never once mentioned anythign about behavior even though we are very involved and asked them to let us know if they noticed any behavior or aggression. All we ever got was that everything was going great.

I think a lot of this comes down to money. There are many teachers that have had this other child in the past and say he needs to be in a school where his needs can be met. I know this is out of our control and that's why we are only fighting for our son's rights. None of this was ever said in a meeting but between my wife and a few of her friends that also work there. But, if they send him to another school it would be out of district so they school would not only lose the extra funding for this child but would have to pay out of district fees. The superintendent already told us that they started this new program to save money. It seems to me that all it is is an "overflow" classroom and they just assume it will work for all children that can't be mainstreamed.

I visited the classroom in February and witnessed the same child hitting a girl on the head about 5 times. My sister, who is a special ed teacher at a different school, also visited the classroom and couldn't believe what she saw.

All of this is just so saddening. Not only for my son but every other child in there including the one that screams. When I visited 4 children were sitting at their desks listening to a lesson plan while an aid was in the back of the room on the floor playing with this other child with a stuffed animal just trying to keep him from screaming and trying to teach him to not throw things. There's just such a learning gap between the other 4 and this child. If this child could be somewhere where the teachers are properly trained to handle his needs he could get so much more out of it.

Sorry for getting off topic. So much has gone on over the last 10 months I get to rambling. We gave them all of last school year to try their "new ideas". They were just hoping we would back off and let it all go. Now the new schoo year has started and they want to try some more "new ideas". The only resolution we see is getting our son in a different environment but they will not budge. The school is just sticking to, "we feel this is the best education program for him". We don't disagree with that. We just disagree with the environment. We have yet to send our son to school and are getting ready to look at other schools in the area. We just hate to separate him from his friends but we feel his safety and mental wellbeing come first.

We are at a loss. They just want this program to work for all students and we feel it's obvious it not. There is nothing appropiate about this environment. Not only for our son but for every other child in there. These children have enough trouble learning in a quite environment. How are they suppose to learn in a noisy one?

Is it too late to file assault charges for hitting from last school year? We do have emails stating that our son was hit. We also have a notebook that the teacher would send home everyday explaining how our son's day was. I believe it states in there also when he was hit but I'd have to check with my wife on that.

Any recommendations would be appreciated!

 

[Humusluvr]

If he's in danger, get him out now.

Look at a different district, make an appointment with the other superintendent, and figure out how to make the switch. It isn't about cost, because your son's education and IEP requirements are paid for. Get a new school district figure out how to transfer him.

Call the police (in a non-emergency fashion) and ask about filing charges.

Collect every single piece of information/evidence, print out emails, and put it all in a three ring binder. You may eventually need to hire a lawyer, and keeping excellent records is important.

Your sons safety is tantamount. Get him out of a potentially dangerous situation.

 

[marine03]

School started last Wednesday and we have kept him out since then. If we do send him to another district our district already said they wouldn't pay the out of district tuition fees because they have a program that is suitable for our son. We'd be looking at over $10,000 each school year. Don't get me wrong, I would spend every last penny to do what's right for my son but I think we would be better off moving.

What about filing child endangerment charges against the school? They aren't providing a safe atmosphere and doing nothing to make it safe even after a ruptred eardrum and the hitting.

If we file assault charges, who does that go against? Is it on the school or the child? The child honestly doesn't know any better but that's no excuse. Assault is assault, correct?

 

[Humusluvr]

School started last Wednesday and we have kept him out since then. If we do send him to another district our district already said they wouldn't pay the out of district tuition fees because they have a program that is suitable for our son. We'd be looking at over $10,000 each school year. Don't get me wrong, I would spend every last penny to do what's right for my son but I think we would be better off moving.

What about filing child endangerment charges against the school? They aren't providing a safe atmosphere and doing nothing to make it safe even after a ruptred eardrum and the hitting.

If we file assault charges, who does that go against? Is it on the school or the child? The child honestly doesn't know any better but that's no excuse. Assault is assault, correct?

You're working on advice that YOUR district told you. I wouldn't believe anything this intimidating superintendent told you. Start making your own calls, call other schools, speak to other people in programs and say, "How do we get this paid for? We are in truly a scary situation."

Your child was only assaulted by hitting, it wasn't HIS ear drum that was ruptured. You can't do anything about that - that was the teacher. It wouldn't be evidence in YOUR case, unfortunately.

Call the police department and ask them. You could file charges against either the school or the person who assaulted your son, as far as I know. But the police would know better. If they give you the run around, call and speak to supervisors.

Listen, of course your own school and district are going to cover their own a$$es. They are only going to tell you what works for them. It's time for you to stick up for your son and say, you don't get to do it this way.

Here's the link to the Illinois State Board of Ed Special Ed division.

Special Education Services

Start contacting them about the problems you're having. Report this BS, or your home district will keep pushing you around.

 

[marine03]

We've been sticking up for our son but she had to quit due to personal reasons. We now have an advocate and are in the process of finding a new lawyer. We've told them numerous times that we won't allow our son to be in this environment and at the current moment he's not. The district superindentent makes the call on whether or not they pay for out of district tuition. They won't because they say they have a program that is educationally suitable for our son. We know this because we have been down that road before when we had our lawyer. I called the president of the school board, whom I have been in contact with, and waiting for a return call. I honestly don't see that going anywhere but you never know.

This is why I questioned child endangerment.

"According to the Journal of Child Abuse and Neglect, child abuse is "any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, an act or failure to act which presents an imminent risk of serious harm"

They are failing to act on a situation that presents an imminent risk of serious harm. I know our son's eardrum wasn't ruptured but there is a possibility it could be. There's also emotional harm of having to listen to screaming all day that's loud enough to rupture an eardrum. We noticed a change in our son last year and that's why we investigated further.

What about neglect? I'm just hoping to find something we can pin on the school so it doesn't look like we are after this other child. By no means are we trying to go after him. We are just trying to advocate for our son. Although if we have to, we have to.

I greatly appreciate the replies and suggestions. I will contact the police but it will probably be county. We live in a small town and only have a couple officers. Not sure how much help they will be. I guess I should start with them first though.

 

[Humusluvr]

We've been sticking up for our son but she had to quit due to personal reasons. We now have an advocate and are in the process of finding a new lawyer. We've told them numerous times that we won't allow our son to be in this environment and at the current moment he's not. The district superindentent makes the call on whether or not they pay for out of district tuition. They won't because they say they have a program that is educationally suitable for our son. We know this because we have been down that road before when we had our lawyer. I called the president of the school board, whom I have been in contact with, and waiting for a return call. I honestly don't see that going anywhere but you never know.

This is where I think you're wrong. If the STATE decides the program at the current school isn't meeting the needs of your son, and that to be in a FAPE setting, then this bully superintendent DOESN'T GET TO DECIDE. The money comes from the state. The state can choose for your son to be in a different district.

Quit thinking local level - take this a step up to state level.

This is why I questioned child endangerment.

"According to the Journal of Child Abuse and Neglect, child abuse is "any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, an act or failure to act which presents an imminent risk of serious harm"

They are failing to act on a situation that presents an imminent risk of serious harm. I know our son's eardrum wasn't ruptured but there is a possibility it could be. There's also emotional harm of having to listen to screaming all day that's loud enough to rupture an eardrum. We noticed a change in our son last year and that's why we investigated further.

This is where you'll run into problems. There's lots of things that COULD happen. ANYONE could get a ruptured eardrum. You can't take in possibilities, because possibilities are endless. If your son is being assaulted by this child THAT'S a reality. That's actionable.

What about neglect? I'm just hoping to find something we can pin on the school so it doesn't look like we are after this other child. By no means are we trying to go after him. We are just trying to advocate for our son. Although if we have to, we have to.

Not neglect, unless having this student in the class is causing the children to not be able to eat, be changed, go to the bathroom, your son is getting sores, etc.

Stop dealing with the local people. Go to the state level, and start calling emailing everyone you can.

 

[tranquility]

While I know people who know a LOT about this, I do not. Don't rely on what I say for the law on this matter in any way. But, I have heard many stories, many stories of stories and met many people who have gone through these struggles and have a sense of things.

I think Humusluvr has given some great advice. I'd reread it, carefully, again. The posts were not casually written and were not meant to be casually read with certain outcomes in mind. There were some "if"s contained.

That is where I'm struggling a little. One of the ifs had to do with true concerns. While I see mention of fear of assault in the posts of the OP, that is not the sense of what this battle is about. I'm not going to disagree with the OP reasons for wanting what she wants. I'm certain her concerns are genuine and should be reasonably addressed. But, I don't read an imminent fear of physical harm to her son as the real reason for the impasse.

I do understand that things have escalated. The OP special needs child is being withheld by the parent from school. I'm pretty sure school is mandatory. Because of this problem, the OP needs to have a legal reason for the impasse. That is where the assault mention seems to come in. Not as a point, but as a defense against whatever crime it is to withhold your child from school. Because of all the escalation, the OP needs an attorney and is in the process of getting one. I suggest this should be done immediately. Before the sheriff comes knocking on the door wondering why little Billy's behind is not in a place where the state gives the school money for it being there.

I also suggest the probable result in the short term, absent a true belief the child is in any danger, is:

If your son's IEP states that the most inclusive environment is in this life skills program, then that is where he would remain.

 

[marine03]

I greatly appreciate all of the advice and responses. It's nice to know there are people out there willing to take time out of their day to help someone they don't even know. For that I am grateful. Thank you!

We do realize it's only a matter of time before the school does call a truancy officer to come knocking on our door. We do have a letter from our son's pediatric neurologist, which the school has a copy of, that states our son should not be in that environment due to risk of seizures. She explains the reasoning behind it and the changes she saw in him over the course of the school year. The district just told us that a doctor can't make an educational placement.

In IL you have through September to register your child with the state for home schooling. We plan on registering him for home schooling for this year until we sell our house and make a move to another district. My wife is a teacher and I have a sister who is a special ed teacher who will help out. We will also be bringing in a speech pathologist to help in that area. Our only regret about this is that he won't be around his peers which we feel is very important. We plan on making sure we have "play dates" on a regular basis. This will only be for this school year or part of the school year.

My wife, who is very nonconfrontational, has had it out with the special ed director during work hours due to the director seeking her out in the hallway to talk about the situation. My wife is going to seek employment elsewhere.

We have decided to move instead of going due process because during due process the child has to stay in the current placement. My wife and I just can't allow our son to go back to that environment.

Maybe we are jumping the gun on all of this but we've been dealing with this for way too long. It has effected our lives in many different aspects especially due to my wife working at the same school.

Once again, I thank you all so very much for you time and advice!

 

[Zigner]

I just wanted to add that, when dealing with the school/district, you should avoid using the phrase "...best for my child." The district doesn't have to do what's "best" for your child...only what's "most appropriate".

 

[marine03]

Thanks Zinger.....I read the same thing at the IDEA website and even mentioned it to them after they said that they feel that the life skills classroom is the "best" educational placement for him. I told them that they aren't required to give our son the "best" education, just an appropiate education which he isn't getting. They just all sat there with blank faces and didn't say a word.

Another to add from the meeting we had this past Monday. I mentioned that they said they wanted us to allow them a 6 week trial with the new schedule. They said they would get us a copy of his new schedule so we could review it before making our decision. They said to get back to them no later than the end of the week with our decision on whether or not we agree with everything. My wife has been asking all week for a copy of the new schedule and we have yet to recieve it. Their 6 week trial was the only option they gave us so I feel as if they think we have no other choice but to agree to it. I also wonder if they thought that us losing our lawyer to her personal issue was actually us getting rid of our lawyer and they view it as a sign of weakness on our end thinking that we wouldn't pursue it any further.

We lost our lawyer at a really bad time. We were hoping some progress would have been made before school started. Now that it has we feel we can't hire another to fight this because he would have to stay in his current placement until it is all figured out and we can't put him back in that environment. Even going due process might not help considering it's a unique situation being that our concern has to do with another child that also deserves an appopiate education.

What I don't get is that there's a child in kindergarten at the same school who has an IEP but is not in the special ed or life skills room. He won't stay in his desk and is constantly talking, yelling and hitting other kids. They school already told his parents that if his behavior doesn't get any better that the school will probably have to send him to a different school that deals with behavior. If they won't allow this to go on in another classroom why is it okay in a life skills classroom? We actually asked the superintendent that question last year. His reply to us was that the life skills classroom is a unique classroom. We understand that it's a unique classroom and that there is going to be more noise and outbursts but shouldn't the line be drawn somewhere? It almost seems as if they feel that since this child doesn't know any better that it's okay.

 

[tranquility]

In IL you have through September to register your child with the state for home schooling. We plan on registering him for home schooling for this year until we sell our house and make a move to another district. My wife is a teacher and I have a sister who is a special ed teacher who will help out. We will also be bringing in a speech pathologist to help in that area. Our only regret about this is that he won't be around his peers which we feel is very important. We plan on making sure we have "play dates" on a regular basis. This will only be for this school year or part of the school year.

It certainly solves some problems, but, at a cost which only a few can afford. Pity all cannot agree what level of services are available (In a specific sense and not just broad theory.) which fullfil the government's promise to insure the OP's son's civil rights.

Just out of curiosity, long ago, how did it all get started? Did you have an advocate or attorney up front, or did you have someone from a regional center or other resource mediate?

 

[marine03]

This all started last October when our son came home and stated that he didn't want to go to school because "other students name" was too loud. This really caught our attention because our son has never voiced his concern about anything. He doesn't have the level of thought process to hold much of a conversation or give us a reason "why". He's never even complained of a headache, being tired, etc. So for him to actually tell us something he didn't want to do and why, really got us looking into the situation. My wife, who works as a teacher there, talked to some other teachers and found out about everything that was really going on. It all escalated from there.