Is this an LD--what are the child's rights?

My friend's daughter was recently diagnosed with Selective Mutism. She is an extremely bright little girl who is now in Kindergarten. She does well one on one with the teacher and on written tasks, but will NOT participate in class, nor will she interact/communicate with other children. This disorder is not voluntary. Apparently when the child experiences anxiety her ability to speak actually shuts down.

I suppose in kindergarten participation is a big part of the grade, and the teacher has said that it is a problem that she is not participating in class. The class has a teddy bear that each child gets a turn to take home, and this little girl is just DYING to have a turn. My friend asked the teacher when her daughter would get a chance, and the teacher's response was that each kid only gets a turn when they have had a "good" week. Well, this kid is an angel! She just won't talk---correction, she CAN'T talk. So, it seems that she is being discriminated.

I am personally familiar with this teacher. She was my son's kindergarten teacher last year and was wonderful. My son has a pretty profound case of ADHD, and she was very helpful in addressing many of his issues. We spoke to her often, and she had a very loving and gentle demeanor with all the kids in the class. If I were a 5 year old, that is who I'd want for a teacher. I assume she has never had any experience with this neurological disorder, and simply doesn't understand that it is not something under the control of the child. The mom did a really smart thing and printed out a pile of info on Selective Mutism so that the teacher could better understand her problem. But I have a feeling that she is going to have to go through the same thing every year.

We live in New Jersey, and I understand that you're not all going to know our specific laws, but what do you all know of other than the Americans with Disabilities Act that would protect my friend's daughter from unfair discrimination. We wouldn't expect a kid without legs to play kickball in gym, so we can't expect this girl to talk when her brain simply won't let her. Would a kid as smart as this one benefit from IEP? If so, in what ways could an IEP help?

Thanks so much!
Hayley

It sounds like the teacher is not only unwilling to help this child but also is probably unable to on her own (because of the lack of information). If this is the case then the parent may want to involve the principal so that the child has more of a chance of getting help. The child is in fact diagnosed with a condition that the school is responsible to accommodate to. An IEP may sound like a bad idea because the child is so bright, but it is not just a way to accommodate slower learners but an "Individualized Education Plan" that could aid the teacher in teaching specifically to this child's needs. If an IEP was in place than there would be plans on how to use other things in place of participation to see if the child is learning the neccessary curriculum. You said that you fear this happening in every grade level, so I think a great way to put an end to it now would be to create a plan for this child to learn in the most appropriate way possible for her. Also, don't be afraid that just because an IEP may be an option for this child that she will be labeled or isolated from the class...many children in general or inclusion classrooms have IEP's and are very successful. Another suggestion may be to have the person or persons who diagnosed the child come in and talk to the teacher about the diagnosis and make suggestions on how to help her become more successful in the participation area of the classroom.