Is this a form of discrimination?

Vikki - posted on 02/11/2009 ( 9 moms have responded )

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My son who is ADHD and Bipolar is 9, this is the first year we've had him in public school, because "they can give him the services he needs" HA! What a joke, his IEP is not being followed, he is doing worse in this school than he was in a Christian school where the work was a full grave above what he is learning now (his younger brother is still at the Christian school, and does harder work) Nikolas is not dumb but he learns differently and some things come really easy and some really hard. He gets "resource" help part of the day, and is mainstreamed most of the day. Becuase his teacher doesn't know how to teach or deal with a BP kid (even though her mom is BP..) she is refusing to allow Nikolas on a field trip unless my husband or I go. Now,I have no trouble helping, chaperoneing, whatever, but I do have an issue with being told my son CAN'T GO unless I do. Nikolas has had some meltdowns in class, but has only been sent home once, but he has never had a problem on a field trip. Other parents have always told me how well behaved he was in their car or at the event (I taught pre K at his old school). Do have a legitimate concern here? I'm ready to go kick some butt at the school tomorrow. Any advice is greatly appreciated!

Thanks

Vikki

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9 Comments

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Amber - posted on 02/17/2009

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I hope not to be the bad guy here... but I am a teacher and I can understand why the teacher would say he wasn't able to go unless he was supervised by a parent or other caregiver.  Field trips might seem like a simple day but are the extreme opposite.  Field trips are very stressful and tiring.  If the teacher is in charge of all her students and one is in constant need of supervision then it is best for you to be there.  As far as the IEP goes... you are doing the right thing by meeting with the principal.  It is very important for you not to let your child slip through the cracks in public school. 

Vikki - posted on 02/16/2009

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I will begin my battle with the school tomorrow, the principal was not aware that the teacher wouldn't allow Nikolas on the field trip without a parent and told me that she was wrong and he could go.  I have, in writting requested a new IEP along with other things, and bascially demanded he have a one on one aide based on the teacher's progress report comments, the *request* of a parent attending field trips,and all the emails she sends detailing how much time she spends just trying to work with Nikolas  (copies of all attached), and a letter to the school psychologist, principal, the Superintendent of Pupil Services, and the Superindendent of the district.... I'm ready to get my son what he needs and will not give up until he gets it ;)  Thanks for all the advice and support.



 



Vikki

Nancy - posted on 02/15/2009

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i agree u should go to the principle if that doesn't  wrk go to the school board association i know with three special need kids  i constantly figth with the schools to let them have every rigths to proper education and the iep are to be followed in my town we calll one on one aide an ea she makes sure that my sons is safe and learns with everyone else keep the figth they  will know u r serious gl

Sheri - posted on 02/15/2009

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Fight for the one on one aide! If they believe he needs you on a field trip then they also should feel that a teacher needs the aide as well. You do have ground to fight on. Here in Texas I've learned to use the term, "TEA" texas eduaction agency. It is our governing agency that ensures that our children whether sp ed or general ed needs are met. Another agency to just check in with is. The US Education Department, I've even learned to write down the name and do some name dropping as needed. The Justice Departmant is also good for making a point. What I've learned is that unless a parent knows their child's rights and is able to access them, many times a school district will not provide the neccesary education for that special needs child. I always go "hat in hand," but I also have the ability to quote where the law is found if they need some "Help" is finding it. This means doing my homework before I go and when I write my letter to the Super Intendent of the school I am able to give the references to which I am speaking. The most important thing to remember is that you have "1" year to file a complaint. That is one calendar year from the time the law was broken. I just always act as if I am doing them a favor by pointing out where the law has been broken and let them know that I know that the person who is not following the IEP is just not educated on the law and that I know that the person will be informed. It has worked so far... I refused to be made to feel less than b/c I have a child with special needs. I am there at the school enough that I have made friends with the teachers and staff. It's hard to treat a person badly when they treat you as sweet as sugar. I kill them with kindness.

Kerri - posted on 02/12/2009

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I would definitely go for the one on one aide...and use what the teacher said about the field trip as information to support his need for one on one care.  My son had one when he was in elementary school (actually she had 2 children that she helped) and it was wonderful.  His grades improved drastically and so did his mood towards school.  As far as the IEP, I would know exactly what I wanted before I walked in and have it written down.  The parent advocate will help - they can tell you what you need to ask for.  And it is my understanding that the IEP can be changed at any given time to support a need that your son has. 

Vikki - posted on 02/12/2009

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Thanks for all the info everyone!  We are trying to meet with the principal tomorrow or Wednesday, I'm not signing Nikolas' progress report or the field trip notice until I make my comments about the IEP (or lack thereof!) and meet with the principal.  I'm looking into finding a parent adovocate.  And I did suggest that he have a one on one aide since he needs so much attention, but....  it got dismissed thinking the resource classes would be enough.  So I'll be ready for battle now.  Thanks again.



 

Perri - posted on 02/12/2009

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I know that I've determined to get my bp/adhd daughter out of the general education classroom. If they are out of compliance with the IEP - USE that term: YOU ARE OUT OF COMPLIANCE. Re-read your parents' rights handbook. You can insist that the director of student services attend the IEP. In addition, if the IEP is insufficient, demonstrate that by showing lack of progress or regression in academic and/or social functioning. Bring relevant work samples and show them while you make your argument. Think about what he needs: write out what his program should look like, regardless of what's available. They need to fine the program that works for him, not fit him into what's available. You can explore other schools or SDC classes in your SELPA district. Please email me if you want to talk in further detail. I've been through it a lot!

Katharine - posted on 02/12/2009

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The school's failure to implement any part of the IEP is unacceptable and illegal.  Keep hammering that until you get satisfaction.  In my experience, once they believe that you will sue them, they will comply.  Until then, you have to keep fighting.



As to the field trip, I can understand why they would prefer that you came along but requiring it is too much.  However, I can't help but wonder if this is a battle you need to expend energy and resources on.  If you can go, I would do so and save yourself for the really tough fights.  Not only do you have bigger fish to fry, you want to avoid being labled a "problem parent" as much as possible.  It hurts and it's not fair but if the school doesn't want to deal with you, everything will be made more difficult for you. 



Please know that I am thinking pragmatically.  You are right and they are wrong, as far as I can tell.  It's just that being 100% right and winning the war are often mutually exclusive.

Kerri - posted on 02/12/2009

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Vikki,  This has got to be stressful to deal with.  What state do you live in?  Are there any parent advocates at your child's school?  Have you looked into having an assistant assigned only to him for help with things like field trips, etc?  In my opinion, saying he cannnot go without you is wrong.  Have you spoken to the principal or superintendent about this situation?  Also, I noticed you mentioned that the IEP is not being followed - you can do something about that.  Schedule another IEP meeting or address it with the school board.  Luckily I live in an area where the school is very protective to students with disabilities, however I have heard horror stories about other schools.  I truly believe that how well our kids do in school depends solely on the abilities, patience and understanding of the teachers that are with them every day.  If you are not comfortable with his teachers maybe you could get him into another class.  I hope some of this helps.