Yesterday, my dh had to go to school and pick up our son. He was having a meltdown in PE. Today, as my son got off the bus the driver handed him a letter addressed to us. He was told that since he was written up for the meltdown, he would not be able to attend his fifth grade graduation. He of course had a severe meltdown. I contacted the school immediately. No one could come to the phone. I then went to the school. I sat in the office for over an hour and waited to meet with the principal. His response was that if written up then no graduation even though no consequences were being taken(which is a first usually suspension). I tried to get the point across that a write up for a meltdown related to his disability was unfair. According to the principal my son does not have a disability. I then reminded of him of a meeting in December that I provided him with a letter from the doctor with the dx PDD-NOS. He looked at the letter again and just shook his head. He then said that the school does not have a dx. The school is in the progress of doing their own testing. They refuse to acknowledge the 2 evaluations that I have.
Sorry it is so long but I am just so frustrated. I had a nice breakdown and now I am ready to fight again. Thanks for listing to my venting.
Lori
Send a certified letter to the school principal noting that you are CC'ing the School Districts , the local news paper, and any attorney's office you find in the phone book. Explain in the letter about their receipt of the previous diagnosis and there current testing and advise them that under the American with Disabilities Act they are discriminating against your son and that under the due process clause of the 14th Amendment they are denying his due process rights. Then state 'this letter is a demand that you cease and desist your acts of discrimination against my disabled child or I shall be forced to seek legal action against the district and yourself for injunctive relief and punative damages'.OUTRAGEOUS.
And I agree -- what GENEVA says!
Please tell us the outcome.
After contacting several board members last night, I got a call from the superindendent this moring. He could not find the documentation that stated my child had PDD NOS. He wanted to talk with the dr., which I said would be wonderful. He also said that my son would be able to participate in graduation. It is amazing that they can just throw out the door what we do and then drag their feet in completeing their assessements. If is so frustrating. If the superindentent does not get this rolling I am going to get the media involved. It does not make sense that children can just be pushed aside and go downhill while they take their sweet time.
Thanks for the support>
I'm glad he can attend the graduation...but u should still make a hullabaloo - not to irritate ppl but to make them aware that this is completely outrageous - it will be thru your voice that so many others will be heard.
That's absolutely rediculous. When we were having our children diagnosed, it was something encouraged by their teachers and therapists at school. I vividly remember them telling us they could not diagnose autism. (I know the schools can diagnose "educational autism" after their testing.) They felt it would be in the best interest of our children to obtain a formal, specific diagnosis from a doctor because it would open other doors. (With the diagnosis, we were able to apply for our state's waiver program to obtain ABA therapy.)
I agree with ShelleyR. Make a fuss! The treatment of your son is unfair.
A school disrtrict has CHild Find resposibilities and that means that they have an OBLIGATION to find ALL the children who have a disabilty in the District. I would send a letter TODAY asking for a meeting to have your child registered as a child with a disability under section 504. That way, they cannot discriminate against him. Ask for the written discipline policy in your District. You can get the 504 NOW bc it does not depend on testing. Just on the written dx. Then he can get the IEP later. 504's are WAY faster to get and they protect the child from discrimination. Kids with disabilities are prohibited from being punished for behavior that is an outgrowth of their disability. However, that provision does not kick in until after 10 days of suspension throughout the school year. If you've picked your son up early on more than 10 occasions, that counts. However, if you haven't, it might not be possible to negate the current punishment. I'd contact a good local advocate.He already has a 504 and has been suspended 16 days not counting the days he was picked up early. I was told that the only way the days count are if they are consecutive days. I would love to reinform them. Please help.
Lori
The days can count if they are NOT consecutive if they are from the SAME issue. For example, if a child gets suspended for 3 days for using the F word and then gets suspended for 4 days for saying the S word and then gets suspended for 5 days for say the A word, that couns as more than 10 days's supension and a Manifestation Determination Hearing MUST take place. However, this is all difficult in our Post-Columbine world, so I'd DEFINITELY get an advocate involved.
The truth is, if your son is getting suspended this much and is having so many meltdowns, a good advocate should be able to show that it is all part of the SAME issue. The very first thing I'd do ASAP is request an IMMEDIATE Functional Behavioral Assessment be conducted. What your son's behavior is communicating is that his current IEP is inadequate and his placement may be inappropriate. Something has to be done IMMEDIATELY. If your district is being intractible, don't go it alone. Get an advocate immediately.