Anyone Know Special Ed Law?

[Luv Bunnies]

Many of you have read and commented on my thread about my son w/Asperger's starting middle school. That saga continues, but I now have a special ed law question and thought it would warrant a new thread.

Today, my son had a horrible day at school. Apparently, the teacher and aide told him to do his work and he had a meltdown in the classroom. He was sent to the office twice and the principal called me at work to ask if I had any suggestions. (Yeah, I had lots of suggestions but they're not fit to print!)

I talked to the teacher after school to get more info. on the situation and she started talking about requirements for her regular ed. classroom. Apparently, one of the 6th grade English class requirements is that a student shows the ability to read a book, analyze the main character and then connect that character's experiences, qualities or issues with their own lives. She noticed my son was having trouble doing this with a book they're currently reading. Well, he has Asperger's and one of the hallmarks of the syndrome is the inability to connect with others. The teacher understands that, but she's questioning whether or not she will be able to pass him under the standard as it is written. I pointed out that he has a recognized disorder and may not be able to demonstrate that he can "connect" with a character in a book. She said it wouldn't be fair to waive a requirement for him that the other kids are required to meet.

Doesn't that sound like discrimination? Aren't standards supposed to be modified for kids who can't meet them because of recognized and diagnosed disibilities? She claims this standard is written under "No Child Left Behind" and she doesn't think she's allowed to modify or waive it for any reason. Huh? So would a phycially disabled kid be flunked because he can't run a mile and that's what the standard says? I just don't get it! We have an IEP next week and an appointment with a lawyer this week. I will definitely ask her this question, among others. But I was wondering if someone here has ever encountered this kind of situation. Thanks!

 

[Forevryoung]

I know some special ed law (student) and have access to resources that might be of help...

Modifications to testing must be written into the IEP. I've encountered this issue with a family friend- NCLB stinks majorly in that regard.

I haven't said anything in the past but if you want to put up a fight, your school has been out of compliance for the entire school year so far. They are just taking advantage and walking all over you, your family, and most of all, your son.

We are constantly being told NOT to do exactly what your school system has done.

 

[SandrainNC]

www.wrightslaw.com has a lot of information.

Sandra

 

[MightyMom]

Okay. Here is a key question.

Is your son under the "Special Education" umbrella (IDEA) or under Section 504. My guess is he is under Section 504.

Does your son have an IEP (Individual education plan)? Under both Special Ed and Section 504 you can have a IEP.... but the language is vastly different.

Under Special Ed your son would be given MODIFIED instruction. In this instance the assignment could be modified so that he is essentially learrning the same thing, but he would have a different way of testing his knowledge.
A resource room teacher or a special ed staff member would be working closely with the regular ed teacher to modify his work appropriately.

Under Section 504 your son would be given ACCOMODATIONS. His work would not be modified, but rather he would be given accomodations in the class to make access to general cirriculum feasible. For instance, a different place to take tests is feeling stressed in a class filled with students.

Ultimately, it's up to you to make sure your son's rights are being protected. Contacting an attorney familiar with IDEA is heading in the right direction.

Unfortunately.... and please remember this is just my opinion.... under No Child Left Behind I feel so many of our kiddos are being left FURTHER behind. Although I think mainstreaming is heading in the right direction, I believe it is also important to prepare these teachers in regular ed. So many of them have NO CLUE what to do with our special needs children..... and they feel abandoned by Special Ed.

I hope everything works out for you son.

 

[pcparamedics01]

Many of you have read and commented on my thread about my son w/Asperger's starting middle school. That saga continues, but I now have a special ed law question and thought it would warrant a new thread.

Today, my son had a horrible day at school. Apparently, the teacher and aide told him to do his work and he had a meltdown in the classroom. He was sent to the office twice and the principal called me at work to ask if I had any suggestions. (Yeah, I had lots of suggestions but they're not fit to print!)

I talked to the teacher after school to get more info. on the situation and she started talking about requirements for her regular ed. classroom. Apparently, one of the 6th grade English class requirements is that a student shows the ability to read a book, analyze the main character and then connect that character's experiences, qualities or issues with their own lives. She noticed my son was having trouble doing this with a book they're currently reading. Well, he has Asperger's and one of the hallmarks of the syndrome is the inability to connect with others. The teacher understands that, but she's questioning whether or not she will be able to pass him under the standard as it is written. I pointed out that he has a recognized disorder and may not be able to demonstrate that he can "connect" with a character in a book. She said it wouldn't be fair to waive a requirement for him that the other kids are required to meet.

Doesn't that sound like discrimination? Aren't standards supposed to be modified for kids who can't meet them because of recognized and diagnosed disibilities? She claims this standard is written under "No Child Left Behind" and she doesn't think she's allowed to modify or waive it for any reason. Huh? So would a phycially disabled kid be flunked because he can't run a mile and that's what the standard says? I just don't get it! We have an IEP next week and an appointment with a lawyer this week. I will definitely ask her this question, among others. But I was wondering if someone here has ever encountered this kind of situation. Thanks!

I believe my advocate had said this is under the FAPE act. Fair appropiate public education that applies to special needs. They can pass him under the standards of how it is written with modifications in the IEP. They do not waive the requirment they modify it and sometimes will waive it all together and present it differently. For example they can still pass a special ed student even when he fails the CRCT standardized test that state if reg ed kids do not pass it they can not move forward. With an IEP in place you can appeal it and pass the child for they know the child knows it and may not test well because of the special need and the child moves forward.

I think you need an advocate Luvbunnies! They will fill in all the blanks for you. It sounds like the school is out of compliance. The teacher should not be wondering if she can waive it because it is not fair. That is the Special ed depts responsibility. They dictate to the teacher what she will do for your child. And what modifications will be in place or to strike that requirement all together.

 

[pcparamedics01]

http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html


Here you go! Everything you need here!

 

[pcparamedics01]

I know some special ed law (student) and have access to resources that might be of help...

Modifications to testing must be written into the IEP. I've encountered this issue with a family friend- NCLB stinks majorly in that regard.

I haven't said anything in the past but if you want to put up a fight, your school has been out of compliance for the entire school year so far. They are just taking advantage and walking all over you, your family, and most of all, your son.

We are constantly being told NOT to do exactly what your school system has done.

You are absolutely right! Totally out of compliance to the point of due process if it is not corrected immediately on there part!

 

[Ms_Butterfly]

I don't know all of the laws and such, but I do know that when I was in high school, I was waived a requirement due to a disability. My school had a graduation requirement that all students needed to take two years of a foreign language. I have a memory/learning disability that makes learning foreign languages very difficult/impossible for me, so for me the foreign language two-year requirement was waived. Actually, I guess you would refer to it as modified - I was still required to take the same number of credits (i.e. if foreign language was a three-credit course, I still had to take a different three-credit course instead of be short three credits), just that I could pick the course to take it in (I did art-related courses, as that's something I'm good at and enjoy).

Also, in English class one year we had to memorize our chosen section (with a miniumum amount of lines) of a play and recite it in person to our teacher. Because of the same disability mentioned above, my teacher allowed me to memorize a few lines at a time each day and recite them to her after school each day instead of doing the whole block of lines at once. It got the required assignment done, just in a different way that meant I would succeed instead of fail.

My school may not have been under the laws your son's school is (it was a private religious school), but I think it is reasonable for them to allow your son to do the assignment/requirement differently, in a way that he actually CAN complete it.

 

[Hasil72]

Luv Bunnies, I'm with PCParamedics on this, you should look into an advocate. Sure, NCLB has standards that each student needs to meet but what's not mandated is how they achieve that benchmark. It's so sad that the teacher seems to be manipulating NCLB in that way. I'm still learning as I go since DS has HFA/Asperger's and I happen to work for the Director of Curriculum in another district. (My office gets the pleasure of completing the NCLB application.) They not only need to provide him with the "least restrictive" environment but they have a lot of room to modify the requirements as needed with his IEP. For example, in NJ all students must pass an exam in 11th grade in order to graduate, so all kinds of modifications are made to assist classified students. In some cases, the students are listed as "exempt" and it isn't held against them for graduation. They have to take it but they don't have to pass it.

What a shame that the school continues to put you through all this. Hopefully you can get things ironed out at your next meeeting.

 

[Luv Bunnies]

Once again, thanks to everyone for all the great advice! We do realize that we need professional help on navigating the system. I continue to be amazed by some of the comments the teachers make and it just goes to show that they are sadly misinformed about special ed requirements.

We have an appointment with an attorney who specializes in special ed law tomorrow afternoon. Last night, I spent 3 hours printing out all of the e-mails, making copies of the IEP forms and writing a summary of everything that has happened since June. When I look at everything layed out like that, I can't believe what we've been through so far and it's only October!

On Friday morning, we are touring a private school that has a dedicated program for kids with Asperger's. So after meeting with the attorney and touring the school, we will decide whether we will ask for the private placement or continue fighting for appropriate services at the public school. Luckily, the attorney will be attending the IEP with us next Thursday.

Thanks again for all the great info. I'll keep everyone updated!

 

[chaoscent]

Smart move bringing in an attorney. I love wrightslaw, as mentioned above. Best of luck in finding the best program for your son. Penny

 

[Schmeck]

Just remember, as I've said before, and by no means do I want to deter you from doing so, but once you bring a lawyer into the mix, the school district will also step it up a notch, and they have pretty unlimited resources to work with. Just be prepared to see the school district have a lawyer at every meeting from now on, one prepared with stacks and stacks of documentation on your child.

I'd really like to hear what you think of the private school - from what you've mentioned before, it sounds awesome!

And most of all, I hope the meeting goes well and your son gets the services he needs to be successful.

 

[Michigan]

I second Wrightslaw.com everything you need can be found there.

 

[pcparamedics01]

I would have to agree with Schmeck regarding the District bringing their Atty if you have one. They have to. If it was just an advocate they would probably not have one present. They will be concerned that you want the District to pay for his private school because they have not provided adequate support for your child. As they should be!I have been to enough IEP's to know that they realize they screwed up. That is fine though. You will see a lot of changes after this IEP. When I first started out fighting with an advocate they deemed me a problem parent, and were so happy I left the District I know they threw a party only I was not invited. Like I said before that was the old District. We were heading into Due Process before I left. With this District I have the same advocate and they love her to be there. We have developed great relationships with the District and IST, and things are going wonderful! In Middle school I have to start over with a new District Representative and basically start over. I am not looking forward to that!!!! I am forever worrying about that!!!!! Good Luck!! Please let us know how it went!!!

 

[pcparamedics01]

On Friday morning, we are touring a private school that has a dedicated program for kids with Asperger's. So after meeting with the attorney and touring the school, we will decide whether we will ask for the private placement or continue fighting for appropriate services at the public school. Luckily, the attorney will be attending the IEP with us next Thursday.

QUOTE]

Be careful with a Special needs school Luvbunnies. I had a friend that did this and she found out one year later that they do not get a regular diploma but a Special Ed diploma. In my opinion, get the district to do what your child needs to be successful. You have a great case! There can be a whole other set of issues in a ASD school. I can remember one mother telling me that she paid for a PS and her son was Aspies and by the end of the year her child was peeing in his pants because he saw others do it and thought it was funny. It took her a year to straighten that out. Just be careful and make sure the classroom he is in is one that he can learn from others in and they are all on the same level academically and emotionally. View the classes several times!!

 

[Luv Bunnies]

Here's today's update: We met with the attorney this afternoon. She confirmed that the district has basically messed up our son's program. They didn't take any of the proactive steps that we suggested months ago and now he's floundering. She has worked with our district before and knows our special ed director and how he operates. She's pretty confident that she can negotiate with him to get what we need.

We are either going to ask for the private school or for a very specifically-designed trial program in his current classrooms. It would include getting him a highly-qualified aide, setting specific goals for how they handle him during the day and doing an assessment at the end of 30 days. If the program isn't going exactly as specified, he would placed in the private school. The district may choose to go directly for the private school. If they don't, we will have lots of documentation showing what his program needs to include such as behavioral support, modified classwork/homework, etc. If they set this up and execute it well and our son does well, great! If not, we'll look at other options.

Of course, this all depends on whether or not we like the private school and we'll find out in the morning. We did put the attorney on a retainer so she's working for us now. I'm not concerned about the school district bringing their lawyers in. What we've been doing is not working and we need to do something completely different. Thanks again for all the comments and support!

 

[pcparamedics01]

Here's today's update: We met with the attorney this afternoon. She confirmed that the district has basically messed up our son's program. They didn't take any of the proactive steps that we suggested months ago and now he's floundering. She has worked with our district before and knows our special ed director and how he operates. She's pretty confident that she can negotiate with him to get what we need.

We are either going to ask for the private school or for a very specifically-designed trial program in his current classrooms. It would include getting him a highly-qualified aide, setting specific goals for how they handle him during the day and doing an assessment at the end of 30 days. If the program isn't going exactly as specified, he would placed in the private school. The district may choose to go directly for the private school. If they don't, we will have lots of documentation showing what his program needs to include such as behavioral support, modified classwork/homework, etc. If they set this up and execute it well and our son does well, great! If not, we'll look at other options.

Of course, this all depends on whether or not we like the private school and we'll find out in the morning. We did put the attorney on a retainer so she's working for us now. I'm not concerned about the school district bringing their lawyers in. What we've been doing is not working and we need to do something completely different. Thanks again for all the comments and support!

Great News! Let us know how you liked the PS!

 

[tw1nsmom]

It looks like you have a handle on things. For others who may experience similar things...what I tell DS's teachers/team is that it's an INDIVIDUAL education plan that's federally mandated and that I don't give a rats behind what's fair to the other children, or what the other children need, only what MY son needs to obtain a FAPE. I also don't care about NCLB. I let them know that the testing for that is their problem and that it's designed to see if they're doing their job adequately, not if my son is doing his job. They started to give me a hard time about accommodations they may not be able to use during next years testing. I reminded them that we were discussing this years program, and if my DS failed the test next year it would have no bearing on his success per his IEP. It would pull their precious school scores down, but that was their problem not mine, and I suggested that they look a little harder for ways to include the accommodations during testing if they were that concerned (there are ways...just a lot of hoops to jump through and they're not used to integrating their special needs kids into the general education classrooms therefore are unfamiliar with the protocol..again, their problem, not mine).

 

[pcparamedics01]

It looks like you have a handle on things. For others who may experience similar things...what I tell DS's teachers/team is that it's an INDIVIDUAL education plan that's federally mandated and that I don't give a rats behind what's fair to the other children, or what the other children need, only what MY son needs to obtain a FAPE. I also don't care about NCLB. I let them know that the testing for that is their problem and that it's designed to see if they're doing their job adequately, not if my son is doing his job. They started to give me a hard time about accommodations they may not be able to use during next years testing. I reminded them that we were discussing this years program, and if my DS failed the test next year it would have no bearing on his success per his IEP. It would pull their precious school scores down, but that was their problem not mine, and I suggested that they look a little harder for ways to include the accommodations during testing if they were that concerned (there are ways...just a lot of hoops to jump through and they're not used to integrating their special needs kids into the general education classrooms therefore are unfamiliar with the protocol..again, their problem, not mine).

You said it!!! Hey I use to live in Buffalo I see your from upstate! I did not have to fight so much in Buffalo but then again he was not in school yet at the time. He started getting services there at 18 months.

 

[tw1nsmom]

You said it!!! Hey I use to live in Buffalo I see your from upstate! I did not have to fight so much in Buffalo but then again he was not in school yet at the time. He started getting services there at 18 months.

I live in the eastern half of the state. Closer to Albany. Some of the schools in our area are progressive in their integration techniques and some are more interested in separating the special needs kids out so that they don't "bother" the "regular" kids are throw off the testing. If a child's in a self-contained class it's easier to get a waiver for testing and then the scores aren't pulled down.

One other thing in reference to the OP's situation. This may actually be more applicable to the younger years, but still may be used later. If a school is talking about retaining a child, and you are against it, tell them that the research doesn't prove the efficacy of this remediation method. I helped a friend in Florida who's son was being considered for retention. I got the info off the Wrightslaw site. She told them that the research showed that when you retain a child even one year that they are much less likely to be successful, ad if you retain a child two yeas they almost never graduate. Because IDEA 2004 states that the methodology must be research based you can use it to your advantage here. Again, I'm not sure how it would work for upper level individual classes.