Teacher trouble

[Fran011]

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


Hi and thank you in advance! We are adopting a 7 yo little girl. She has a very rocky past life and has a lot of "needy" type behavior. IE will say she needs help to get some extra attention if she is feeling sad or something reminded her about her past. She came highly medicated and with help from her pediatrician and counselor she is totally without meds. Her caseworker and I asked her teacher last October to test her for an IEP since she had been on one before. She then told us she would check her after the Holidays. In January she found out that Madison was off her meds. She then stated she would not but insisted she be placed back on meds and gave me a two week time frame to do it. I refused because she was doing well without meds. I asked about different consequences for not wanted behavior. Teacher said no. Our daughter then a couple of days later asked me why she was the only "brown" kid in her room. I inquired about this to her teacher who refused to move her back or even make a plan. I again asked about an IEP testing and was told later she would. A month later I inquired and was told then that she thought I was right and that our didn't need meds but was too immature for 1st grade. She wanted her kept in first grade this next year. Her grades are passing but just. We have spoken to the principal as well about all of this. We have a letter prepared for the principal and the super. Is there anything else we should be doing?

Thank you!

 

[cyjeff]

Why would you have waited until the last two weeks of school to resolve this?

why does her "needy" behavior have anything to do with getting her an IEP assigned?

 

[Fran011]

We are expected to finalize adoption next month. She is still with the state. No one listened to us. No one listened to the caseworker. The teacher and principal kept playing with us about it. With us not being the custodial parents we kept asking questions of the caseworker and he sent a letter months ago. We haven't "waited" for the last few weeks we have been working on it for months! We have been at the principals office so many times. Her "needy" behavior is from her abandonment issues. Her "needy" behavior is one of the reasons her teacher wants her held back. I didn't know this site existed so please bear with me. We have been trying to get this resolved. Please re-read my post. Teacher said after the holidays. Then no that she wanted her on meds. etc etc. Every week we are at the school or sending letters trying to get her help.

 

[Humusluvr]

We are expected to finalize adoption next month. She is still with the state. No one listened to us. No one listened to the caseworker. The teacher and principal kept playing with us about it. With us not being the custodial parents we kept asking questions of the caseworker and he sent a letter months ago. We haven't "waited" for the last few weeks we have been working on it for months! We have been at the principals office so many times. Her "needy" behavior is from her abandonment issues. Her "needy" behavior is one of the reasons her teacher wants her held back. I didn't know this site existed so please bear with me. We have been trying to get this resolved. Please re-read my post. Teacher said after the holidays. Then no that she wanted her on meds. etc etc. Every week we are at the school or sending letters trying to get her help.

Don't EVER let a teacher tell you that a kid "needs meds." That is NOT up to a teacher to decide, that is a doctor's responsibility. As long as you are keeping up with her doctor, and the doctor feels the child is properly medicated, tell the teacher (politely) that she is not the doctor here. Teachers can get in deep trouble for trying to push meds on their students. And teachers do not get to decide who gets tested for special education, that is up to the recommendation of doctors also. If the doc says she gets tested, make a stink about it happening immediately. I'm assuming this is public school?

"Needy behavior" does not warrant an IEP, however. If she has some type of developmental issue, learning disability, or emotional disibility - then yes. But not just "needy." Speak with the pediatrician about it, they would know what needs to be done.

Who is considered the custodial parent at this point? Are you the legal guardian?

 

[Fran011]

We are still her foster/adopt parents until next month and then everything will be final. BUT it is up to us because no one is doing anything. The caseworker knows we are writing the letter. My DH told the principal that he is on the verge of getting a law suit slapped on them. It's just been a real mess! All at my daughter's expense!

 

[Humusluvr]

We are still her foster/adopt parents until next month and then everything will be final. BUT it is up to us because no one is doing anything. The caseworker knows we are writing the letter. My DH told the principal that he is on the verge of getting a law suit slapped on them. It's just been a real mess! All at my daughter's expense!

Writing letters is going to make this case take longer. Next month, when you are officially the parents, ask the pediatrician what the procedure is for getting the child tested into special education. Don't threaten lawsuits or act hysterically, or no one will take you seriously, because I highly doubt you are going to go to the expense of retaining a lawyer and filing any type of suit. That would not be justified at this point.

You need to have a sit down with the principal, let them know you don't appreciate the teacher's input about your child's medication process, and ask the principal how to get the child tested for an IEP. It could be the child just needs your extra attention, and not intervention by the school. You need to educate yourself about the process. Start here:

Archived: Guide to the Individualized Education Program

 

[PQN]

Here is the process for getting the IEP process rolling:

Send a certified letter to the school district (sample letter):
Student Advocacy Center of Michigan: Special Education Evaluation Request

This evaluation will not take place until next year as it is so late in the school year. You will need to decide if having her redo first grade may give her some valuable time to catch up. We had two of our children (also foster-adopted) repeat 1st grade. Due to their chaotic starts in life, they weren't ready. Both are A/B students now, one in special ed and one in regular ed.


Here is a link to many other sample letters you may need during this process.


Student Advocacy Center of Michigan: Sample Letters

While a dx from an MD helps, it is a full and complete evaluation showing negative educational impact that will qualify her for an IEP.

As foster parents, ask your agency for a list of when the next educational advocacy classes are. They will help a lot.

 

[SingleMomAZ]

First off, the child wouldn't get tested "for an IEP" but instead she would get tested for a possible learning disorder. I do not know the process in FL but, in AZ what happens is if the teacher finds that the student is failing and is just not catching up, they turn in paperwork with evidence of their failing grades and classwork and that can possibly turn into a meeting with the teacher, school psychologist, district psych. and the parents. Several things can happen. 1) the child can test low academically yet their IQ is normal which would result in resource help or 2) the child tests low academically and the IQ is low as well which means no resource help but, rather, the child will just be behind because they cannot function normally compared to their peers. Choice 2 sucks and is very frustrating but that's what happens here. I'm sure something similar happens throughout different states.

I would discuss your concerns with next year's teacher and try to get them on board with you that way the teacher can put in the concern and hopefully something comes of it.

You will also need to take her to the pediatrician to get tested for possible learning and attention disorders to see what you can/cannot rule out.

No, the teacher can't "play doctor" BUT, if she is supposed to be on medication then she needs to be taking it. You may feel she is doing fine without it at home but, it could be different at school so give it a chance.

 

[PQN]

First off, the child wouldn't get tested "for an IEP" but instead she would get tested for a possible learning disorder. I do not know the process in FL but, in AZ what happens is if the teacher finds that the student is failing and is just not catching up, they turn in paperwork with evidence of their failing grades and classwork and that can possibly turn into a meeting with the teacher, school psychologist, district psych. and the parents. .

Learning disabilities are not the only way to qualify for an IEP. The school needs to do a Full and Complete Evaluation to see if there are any factors that are negatively impacting her education. A child may show that their behavior or emotions are negatively impacting their education. Since she was on meds, that would imply a psychiatric diagnosis and she could qualify under OHI (other health impaired)

Several things can happen. 1) the child can test low academically yet their IQ is normal which would result in resource help or 2) the child tests low academically and the IQ is low as well which means no resource help but, rather, the child will just be behind because they cannot function normally compared to their peers. Choice 2 sucks and is very frustrating but that's what happens here. I'm sure something similar happens throughout different states..

In case #2, they may still qualify for an IEP. A child can also show scattered sub-scores with a negative impact coming from one section (even if full scale and academic achievement are equal).

I would discuss your concerns with next year's teacher and try to get them on board with you that way the teacher can put in the concern and hopefully something comes of it..

A parent report can help alot with this. You may want to have two versions of it - one for the teacher limited to issues that may impact school and one for the psychiatrist that includes everything. Here is a good outline for one: Parent Input / Multi-Disciplinary Evaluation

You will also need to take her to the pediatrician to get tested for possible learning and attention disorders to see what you can/cannot rule out..

A neuropsychologist or a developmental pediatrician would be able to do more complete testing. A regular ped doesn't have the extra training and would likely only screen for ADHD.

No, the teacher can't "play doctor" BUT, if she is supposed to be on medication then she needs to be taking it. You may feel she is doing fine without it at home but, it could be different at school so give it a chance.

It is illegal for the teacher to tell a parent that she needs to medicate her child. She can lose her license for trying to practice medicine. If a parent decides to not medicate her child, the school must still provide an education for that child including any special education services for which the child qualified. Federal law (IDEA 2004) prohibits a school from requiring that a child takes medication in order to receive special education services. http://www.wrightslaw.com/idea/idea.2004.all.pdf