IEPs and Legal Issues

School Negligence Continues ....

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Joined: Jun 07, 2010
Posts: 4
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Posted Jun 23, 2010 at 11:41:46 AM
Subject: School Negligence Continues ....

We are still having problems with my son's school. This is his third week of summer school (only one more week to go). Yesterday he got in trouble. He forgot to take his medication. I was very sick with the stomach flu and was not able to help him get ready for school.

Got a call from one of the many summer school principals (they keep changing every few days). She told me that any more trouble from my son and they will expel him from summer school (they have a no tolerance policy).

I asked the principal to try implementing some of the strategies and accommodations to help my son. She asked me what I wanted to do! I told her to just do what my son's 504 Plan says, and what teachers usually do to help the kids. She was not even aware that my son has a 504 Plan!

I told her that I have contacted all of my son's teachers (including his three summer school teachers) several principals and several administrators, and reminded them that my son has a 504 Plan. I had a good talk with one of my son's summer school teachers (1st period). His 2nd period teacher contacted me the second week. They both acknowledged that my son has a 504 Plan and they will implement the strategies and accommodations to help my son. Still have not heard back from the 3rd period summer school teacher ....

Even though I communicate with the teachers and other staff about my son's serious medical problems (ADHD, hypoglycemia, serious emotional trauma, and other medical issues), it seems as if the teachers basically just do whatever they want, like ignore my son's special needs, and ignore my son's 504 Plans, and ignore their duty as a public school teacher to help my son!

I filed another complaint with the California Department of Education. Today I am expecting a call from the Learning Director (another one of the summer school principals). I really believe that this school district is negligent, and not taking my son's condition seriously.

One of my son's summer school teachers would not allow him to use the bathroom. She has a very long list, and my son was on the bottom of the list. My son told the teacher that his 504 Plan allows him to use the bathroom when he needs to, but she insisted that he must wait!

Supervision at this school seems to be very shoddy, and not fair. My son is frequently harassed by other students. When my son reports the problems, he gets into trouble.

There is also a serious lack of communication between the various staff members. This is all very frustrating ....

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Joined Mar 29, 2011
Posts: 5

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Posted:Mar 29, 2011 5:54:20 PM

I was wondering if you would be willing to fill out a questionnaire that I am required to create on the quality of services your son is receiving in his special education program. It seems to me like you would have very interesting feedback because of all of the challenges you have faced.
If you are willing to help me out, will you please email me at JuliaKLarson@gmail.com
or JLars003@fiu.edu (my school email)
I would really appreciate it.
Julia Larson

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Joined May 05, 2008
Posts: 424

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Posted:Mar 30, 2011 5:38:34 PM

2 things....

1. Are you sure he forgot to take his medication? Because, if he has been on his meds for ADHD for over 3 years, then the medication has stopped functioning as a behavior modifier. Studies show these drugs are only beneficial to behavior for upto 3 years. So, it might be, he did take it and it has simply ceased effect his behavior?

2. Public education always bites for those with LD. My parents, were rather wealthy and i have no idea where you are located or what your financial situation is. So i am going to throw this out there just in case it can be useful to you or to someone else that is having similar issues. The Carrol School, if it still exists. It is a private school that offers a very good summer school program specially tailored to LD children.

As for your issue with the bathroom, this is fairly standard in public school which tends to be more of a prison than an educational institution especially when you take into account that roughly 32% of our students graduate meeting the very low standards of education necesary for graduation in the USA. When compared to other countries in the western world the USA is scoring an epic fail.

It may be beneficial to arm your child with some sort of recording device. So that if he is picked on he can prove what happened and if he is penalized for it you can go to the school with the recording and say "excuse me? You going to fix your error or do i need to call my lawyer and the media and sue you to kingdom come and hang you out to dry in the news paper?!" Stuff like that is the only thing in my experience that gets any sort of legitimate and improved response from these public institutions.

Another thing you can always do eventually if it comes to it is, if they continue to fail in meeting the needs of your child, take them to court and force them to pay for private education at an institution specifically geared towards meeting the needs of children like yours. It is what my parents had to do. It worked. And i am better off that they did.

Best of luck to you and your child. I hope some of this is of some use to you.

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Joined Apr 05, 2011
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Posted:Apr 06, 2011 10:00:48 AM

Each school has a district 504 coordinator. Find out who it is. Call the state board of education or the local board. Request a meeting with him. Take a written complaint as detailed as you can get it with you to the meeting. State that everyone is discriminating against your son and refusing his 504 plan. You need to be armed with detailed accounts of each incident, each teacher adn administrator involved, and documented proof of contact and issues that have not been resolved. You also need documented proof of his grades and how he is being effected in the classroom. Word of mouth does nothing. I only communicate with my daughter's school through email. I tape record every meeting with the recorded in the middle of the table. I keep 2 binders. 1 is filled with school work and testing for that academic year and all copies of meeting papers and transcripts from meetings and contact logs. The 2nd binder is filled with contacts and information published by the county, legal rights, etc. I have titles and contact infor for all school personnell, administrators, county people, etc. I have publiches handouts from schools regarding rights and safeguards. All of this stuff should be available at the school, school website, couty website, and state education website. I also have articles printed from other places, etc. Arm yourself. Present a case to the 504 coordinator that shows you have tried repeatedly, your son is being effected, and they are violating the signed 504 agreement. State this meeting with him is the last resort before you file a formal complaint and take it to due process.

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