Disabled 12 yr old SIGNS documents without parents knowledge or presence-LEGAL?

[HolleyK]

What is the name of your state (only U.S. law)? VA
The school is not happy with me because they are out of compliance with my 12 yr old son's IEP and they know that we know it and are considering futher action due to no one correcting the issues. My son has the following diagnoses: Autism, bipolar, ADHD, OCD, anxiety, asthma, allergies, esoniphilic colitits, esoniphilic espoghatitis, and hypohroidism. He was suppose to be receiveing AT services since 9/09 and didn't start until the end of January and that was with only one device. It has taken until Feb 22, 2010 to offer him all the devices and services to benefit his education in a LRE. My question is this; some of the services and devices didnt work and my son doesn't want to use them. He tried them and states they are "too hard" or "too childish" but the point is, he TRIED them. I emailed the school and told them that we would like the devices removed from his IEP in an addednum that my husband and I would be more than happy to sign. We felt if the devices were not beneficially to our child, they should not be in his IEP. Instead the teacher typed a note that says this:

I, ___son's name_______________, REFUSE the accomendation of ___device_____________ on ___date_________.

student signature _______________________

teacher signature _______________________

IS THIS SERIOULSLY LEGAL???? Even if my child wasn't disabled, isn't there a law against minors signing documents without parents presence or at the very least, knowledge beforehand??????? And then to combine the fact that my child has multiptle mental disabilities, how is he capable of making an informed decision about what he is signing?? I am a nurse and in my code of ethnics, doing such a thing would be compared to me making a patient with Alzheimers sign their will and testament....this would NEVER hold up due to their illness.

And even if I did allow him to sign, he didn't "REFUSE" anything. He tried the devices and didn't feel they were helping but only making the situation worse. Isn't there a difference? Shouldn't they have worded in another way then to make my child seem beliergerent or as if he was being difficult? Maybe by using the phrase "trial of devices completed and were not found to be beneficial in assisting" (my son)??

I need help FAST!!! The school is very rural and basically run by the Supervisor of SPED and the Superintendent. My fear is they are trying to kick him out of sped because I asked the school for a copy of his records. That's when everything went REALLY down hill and they started doing these things to 'COVER" their butts. They also wrote a note saying that they tried to train him on the devices but he was absent and the training had to be rescheduled. They actually dated the note 2 months ago. It looks like they just went back and saw when my child was absent from school and said "Oh yea, we were going to train then, but he was absent." I don't understand how they can get away with these two things, much less everything else I have documented over this school year.

I live in Virginia and am low-middle class. I can't afford an attorney. I called every Legal Aid in the state and there isn't one that covers both educational law and my county. What am I to do??? The school will certainly have an attorney, which the Supervisor of SPED has probably arlready contacted.

Please someone give me some legal advice that I can pull up on the net and have in print??? That is all my SPED supervisor will back down too as he is a "Dr" and is very high and mighty, always a power struggle with him. Thank you all who read this and please any help at all would be greatly appreciated.

PS. Not to mention the fact of the burden it caused to my child, as he came home very upset that they made him sign the paper. He takes everything very literally and when he read the word "refuse" it upset him to tears because he states that he didn't refuse them, he tried them and didn't find them to help him. Sounds to me like the perfect definition of coercion???

We have spoken to the general ed and special ed teacher, case manager, vice principal and the Supervisor of Special Education without any results. We don’t want to file a complaint but everyday it is something different in that they are violating his rights. We were told by the vice principal that the Supervisor of Special Education made them type the notes up and have our son sign and that “it’s okay because it is not part of his legal record.” WHAT???

HELP!!!!

 

[Antigone*]

Triple post warning. Be patient

 

[Humusluvr]

The proper way to handle this situation is to immediately request an ARD (a review of the IEP). Go through each item, each modification, make them explain, have them make alternative suggestions to what your son has "refused" or found unhelpful. They CANNOT make changes to your child's IEP, or refuse him ANY SERVICES unless there is an ARD, at which you LEGALLY must be present. If they try to hold an ARD without you, they would have to notify you by certified mail.

Nothing your son "signs" would be legally binding. Make sure to remind them of that if they try to say your son is non compliant.

Go into this meeting clam, print out any info you can from the internet about IEP's or mods your son might have for his IEP, and ask them to explain everything. Knowledge is power here, and I am pretty sure they aren't trying to trick you, but you should be knowledgeable too.

Good luck

 

[GaAtty]

GaAtty

You are exaggerating the importance of what the teacher wrote. She is not an attorney. You are acting as if you cannot change or add to what she wrote. This is not true. Just mark through where it says "student signature" and write "parent signature" and sign your name. Or sign his name where it says "student signature" and put "by parent" beside it. As for the word "refuse", you are being a little overconcerned about that, also. If you don't like "refuse", then mark through it and write "decline". If you want to write a sentence under that which states something like "Student declines the accommodations because the accommodations were not helpful," then do that. Make a copy of whatever you end up with, before you give it back to the school. You don't need an IEP meeting for this. The 2004 IDEA amendments have a provision that makes it so that the school and parent can change the IEP without a meeting if the change is in writing and the school and parent agree.

 

[Humusluvr]

You are exaggerating the importance of what the teacher wrote. She is not an attorney. You are acting as if you cannot change or add to what she wrote. This is not true. Just mark through where it says "student signature" and write "parent signature" and sign your name. Or sign his name where it says "student signature" and put "by parent" beside it. As for the word "refuse", you are being a little overconcerned about that, also. If you don't like "refuse", then mark through it and write "decline". If you want to write a sentence under that which states something like "Student declines the accommodations because the accommodations were not helpful," then do that. Make a copy of whatever you end up with, before you give it back to the school. You don't need an IEP meeting for this. The 2004 IDEA amendments have a provision that makes it so that the school and parent can change the IEP without a meeting if the change is in writing and the school and parent agree.

The fact that they are even TRYING to make the child sign things, and that there are mods that need to be done to the IEP because they are "too hard" or "not working" means the NEED an ARD. Neither mom nor child should sign ANYTHING.

The IDEA 2004 would only be in effect if both the parent and the school AGREE. It seems here that the school and parent are NOT on the same page, so an ARD would be the most proper course of action.

Mom is NOT the expert here, so she needs to attend the ARD and make sure she understands what each modification entails. The school needs to properly modify so that the student can be successful.