School: Know Your Rights!
How to get the best education for your child
The Law
As parents, you must advocate for your child's rights in the
public schools. But first you must know what those rights
are. I encourage each of you to learn what the federal laws
provide for your child's education, then determine what your
state provides by law.
Christian ADHD List Discussion Archive
NOTICE: The following posts are taken from the Christian ADHD
List. The names, e-mail addresses and locations of all
parties involved have been removed to protect their privacy.
The posts have been used with permission, but are copyrighted
by the Christian ADHD List.
I have come to a place of being entirely fed up with the
California public school system and the way they deal with
their ADHD children. One of two things happen. They are
either treated as Mentally Retarded and put in a place where
they are not motivated and challenged becaue they don't want
to deal with the behavioural problems. Or these kids slip
through the cracks or our educational systme. This is what
would have happened to my son had the Lord not directed me
otherwise. These kids are so TALENTED and INTELLEGENT. The
average ADHD child is a born leader and has a very high iq.
Just from what I have read over the years. I don't know about
you but I am not willing to sit down and take this any
longer. It is bad enough my son suffered for 2 years, but I
have seen treatment that is ridiculous. And in California if
you are not on Medical and Welfare you are not in the system
and there is only so much help available.
I need suggestions, letters and statements from anyone, where
I need to go and how to go about making a change. I have alot
of people tell me to let it go. Including my family, however,
I want to show my children we fight for what we believe in
and in this world if we have needs we have to seek the Lord
and be willing to do the work. They are going to do this with
me. What ever it is. Please any ideas would help I cant stand
the though of a child coming into the school system with a
parent that does nto care and there being no help for him
becaue His parent did not care. There has to be a way we can
get something set up so children with this special challenege
will have every need met.
Sweetie, call your state dep of Ed. ask them to send you the
regualtions on special education. This will give you a place
to begin. And if you're anything like me, having that book,
with the laws typed out in front of you = POWER! I don't HAVE
to this anymore, in fact - I'M NOT GOING TO TAKE THIS
ANYMORE! What's even better is if they give you any grief,
you have their "bible" in YOUR hands and you can quote those
words to them, page, chapter and verse! They hate it when you
are able to do that, that means you are informed.
In my experience, any information is power, but when you want
to speak educationese, it's best to come from the source they
consider infalible. Also, and this is VERY important. Keep
EVERYTHING in writing, do not accept phone calls about this,
you need a paper trail - just in case. And if you write a
letter and tell them you must have any further contact
between you in writing, it sends a bit of a chill up their
spine, if you already have a lawyer and just casually
mention, "so that my lawyers can review it", they get
downright scarred! I learned this trick when I pulled the
kids out of school and they tried to give me grief - luckily
I was smart (suspicious) enough of the school district I had
already joined HSLDA - so I could write that my lawyers
needed everything in writing. Then, I screaned all calls, and
when an if it were the school office, I wouldn't pick up,
forcing them to put it in writing. I wasn't real well liked
for it, but they did learn that I'm well informed!
I recommend you get copies of all the federal, state and
local laws that apply to special needs children. Study these
and take notes of things that seem to apply to ADHD children.
You will need to reference official documents when
communicating with your local school system.
Read books on learning disabilities, educating ADHD children
and write down anything that seems to apply to this situation
remembering to reference the original source (footnotes,
bibliography--remember the school term paper?).
That is what I recommend. When you have your information,
send it to the principal in the school where your children
will be attending when you return, being sure to indicate
that it has been sent to everyone else in school government
(cc: County and state school government, school
superintendent, etc.).
I have been doing some surfing, and hunting up links, and
here is what I have so far. When I find more, I will let you
know. Katrina is right, we should first try being nice,
dripping with sweetness, and try the "Carrot" and then, only,
when all else fails, go with the STICK, threat of law suit.
One thing that I did, and the one teacher who came to the
meeting had like, was I printed off the internet, with
permission, info about AD/HD for the teachers. Bob Seay, who
is a teacher in Colorado, is also ADHD, and teaches the
gifted class, has a great site, and he has given permission
to use any info he has, so long as it states where it is
from. On some of the others, that had e-mail addresses, I let
them know what I was using it for, to prepare packets for my
son's teachers so they would know about ADHD, and no one
every replied back that I couldn't use it, so I copied what I
wanted, putting the address on the papers. I will give these
links also.
I was initially in school district in VA and have to say the
-504 did pay off for us. We had what was called an Individual
Development Plan which the school willingly did from the get
go. It wasn't until I requested modifications under -504 that
the teacher was held more accountable. Also, my son's school
counselor was absolutely wonderful & firm in her dealings
w/school admin. We did have some problems to iron out in the
4th grade but thankfully it was taken care of with
persistance and as _____ wrote alot of honey on our part. DH
and I would tag team. If I felt overwhelmed, he'd go and vice
versa.
However, on moving to FL I was not happy w/the school's lack
of assistance. They truly had a defensive attitude from the
get go and did not do but the barest to assist. I must say
they were my deciding factor to homeschool. I had had enough.
I have a -504 plan (fed. level) from when _____ was in 4th
grade. Yes, there may be changes as someone pointed out but
it should lead you in the right direction. Like I've said
initially it's not perfect, but at least it is something.
_____ you have hit on a good point about parents being
overwhelmed with the jargon in these instructions. I fully do
not understand it all myself. Like what will happen if the
teacher does not comply and est. bi weekly mtgs, etc. Where
do you go for back up?
Like I've said we were in a good area when this initially hit
us. I know we would not have been as blessed if this were
hitting us in FL. Parents go in usually divided, or not
totally in support of each other. Plus parents feel guilty
cause they know for real how there child acts at times, yet
if we don't keep this all in prayer and in perspective, that
our children are special and deserve every opportunity
available to them.
Thanks for the IEP & 504 info. I will check into it
further. After reading your post, I realized how very
fortunate we have been thus far with our school.
We have had numerous meetings with principal, guidance
counselor, teachers, etc & have been fortunate enough to
receive special requests for teachers. After having _____
"tested" last year, they said his IQ wasn't high enough to
get into the "Encore" program. It was a "high average" but
not high enough. I don't know if he did poorly on the test,
due to his condition...or if he tested correctly, but we were
disappointed he didn't make "Encore". The Principal was
disappointed also, and started an "Excel" program for gifted
children primarily because of _____.
The school Counselor has met with _____ regularly &
worked on anger management techniques, etc. She has also
observed his class quite frequently. We had a GREAT 2nd grade
teacher & WONDERFUL 3rd grade teacher (hand picked by
Counselor & Principals) & felt very lucky to have
them work with us so closely.
Unfortunately, last year...the teacher they chose quit &
he got stuck in a job share situation where neither of the
teachers really wanted to be there. I could have intervened
more, and didn't, so it's also partly my fault his grades
dropped & last year went poorly.
We investigated the situation & found what I hope is a
"perfect" 4th grade teacher for _____, requested him, and
received a letter saying we got him.
I'm not saying Public Schools are perfect. I think we have
been among the fortunate few. I also feel that he would have
been kicked out of a Private School by now...and luckily
(except some Suspensions) we are still enrolled in school.
Janette is right each state has an adaption of the federal
disabilities act - 504 Plan which allocates some protection for
ADHD children. I've copies fm 2 states and they are pretty
similar.
"I know that most teachers don't know what is allowed and
not, but from my experience here, most don't care, they are
just doing their time..."
You are right here. Granted to you concerned, on-fire
teachers, may God continue to give you the strength and love
to minister to these children in the classroom. However, the
teacher _____ had in 5th grade was biding her time til
retirement and basically no one was going to tell her any
thing different. This is quite sad and frustrating.
I've found that in the small county I now reside its alot of
buddy system going on here. So we don't have the independent,
free thinking counselor involved but rather so & so's
friend fm church, or neighbor. Its allot different here.
But like I've said the parent has to learn the lingo, cause
quite frankly teachers are not all brought up to speed on the
regulations, etc. The one teacher would tell me over and over
how busy she was and that she could not possibly devote so
much time to one student. She even went as far as to put him
in a corral (which I absolutely flipped over when he started
sinking into depression).
I initially called the Superintendant of schools and then in
FL I believe I was referred to a number in the state capitol
which sent me my free copy. I also had an additional copy
sent so I could provide the teacher w/a copy. I don't think
she ever read it though.
Thanks for the reminder, on the IEP (individual evaluation
program) and the 504. I was given the number of the Ohio
State Family Advocacy Agency, and they have, for anyone who
reside in Ohio a free book that covers all the laws, rules,
and regulations that deal with all special needs kids. The
toll free number is 1-800-282-7181. I asked her about other
states, and she said that each state would have it own laws,
although there are federal laws, and for anyone in other
states to call the state family advocacy agency, and ask
them, they should have a copy of the book, with that states
laws in it. Be sure to ask for the up-to-date book.
Basically, an IEP is the child's individual needs in a class,
and the teacher has to comply. Some, really most ADDers, do
not qualify for IEP's, but they ALL do qualify for the 504,
which is a modified plan. That means the school and teacher
DOES HAVE to provide some concessions for the child. Example,
Johnny can't remember to write his homework, so the teacher,
by law, will have to write it in his day planner, or check to
see that he has it written down correctly. If she refuses,
she is basically breaking federal law, and you can, if you
have to, file due process.
And don't let them fool you that the older ones don't get it.
That is what the guidance counselor will try to do with
_____, as I want that wrote down, the teacher is to check and
see that he has all assignments down in his planner, to not
let him leave the room until checked. The counselor said I
can't ask that, but the lady at the family advocacy said that
the teacher has to, it is the law.
Check and see if you can find the book and we need to surf
the net, and see what laws have changed, as the schools and
teachers won't tell us, it will make more work for them. I am
not trying to downplay the teachers we have here on the loop,
and I know that most teachers don't know what is allowed and
not, but from my experience here, most don't care, they are
just doing their time, out of the four he had last year, I
had only one who came to the meeting, and was interested, the
other three said they did not have the time. That it was
basically his and my problem, and _____ would have to adjust
to them. I have news, I wont' adjust, they will.
I wish he would let me homeschool him, but he won't, we
tried, and he refused to do the work. So we are stuck with
the school system, but I will no longer allow the teachers to
tell me what to do, I will tell them what to do. I am sorry
to sound so negative, but out of the approximately 30
different teachers my kids have had since they started
school, I have only had no more than 5 who cared, and wanted
to help them. The rest had said they did not have the time.
The teachers here at my school system, are hired by who they
know, not by their qualifications, and this school district
is in the top category in this county.
Thanks for the information regarding IEP & 504 for our
kids. Another option if your state does not (seem to - no one
seems to know what you are asking for) have a Family Advocacy
Agency (and Alabama does not), is to contact the Student
Special Services Coordinators within the school district. It
is good to know (and remember) that all of our ADD/HD kids
qualify for a 504 even if they may not for an IEP.
Is there a family advocacy group in your area? They can help
you, and the schools will listen to them, when they will
ignore the parents. If you can't find one in the local paper,
check the bigger cities and find one, and they should be able
to help you find one that is closer to home. At the least,
they can tell you what laws and options you have.
There are federal laws that the school has to go by, but they
won't tell you, or they will twist them around. There is a
site, at the Mining Co,
I sent in the link that has info about what the school have
to offer, and on their bulletin board you might find someone
from your home area, who knows of a family advocacy. Bob is
good at helping people find the links to the info needed
also. And as a teacher, he will know the federal laws. He is
teacher in Co., teaches music and gifted and he himself is
ADHD, so he has a great understanding and is on the kids
side, not the school.
You will need formal letters from the doctors, therapist,
psychs and any and all who have dealt with your child in a
professional way. Anything that can document the disorders,
state the troubles he has (it is a boy we are talking about,
I forget, sorry). Also if you can, have them state the area
that he needs help in. See if you can find a 504 and mark the
areas that are needed for him. That is the form that covers
all the areas, such as sitting close to the teacher's desk,
away from windows and doors. Having to do only half of the
math work, instead of all the problems. Being allowed to have
to not write the 3 page story, just a 1 page one. Being
allowed an extra week to do projects, whatever is best for
the child, not convenient for the teacher.
NJ law requires that every parent be given a copy of the
laws. It's quite a thick booklet! But I read it cover to
cover and I highly encourage every parent who gets these to
do the same. I don't know about other states, but here in NJ
we have a lot more rights than I ever imagined!
After fussing and worring for months and the teacher asking
that the child study team check _____, I read the book and
found out if I put a request in writing, it must be looked
into with in 30 days. It worked! Within 30 days they had
observed his class room and determined that yes indeed, he is
a candidate for further evaluation! There were others laws I
had to invoke as well, but the power of educating myself was
awesome!
I fear that so many parents are so overwhelmed that when they
get handed a thick booklet of boring law lingo, it gets set
aside and forgotten about, they've missed a lot of important
information! PLEASE, when and if you get your laws, read
them! You probably have more rights than you realize!
Also, just as important as knowing your rights, is the way
you go about invoking them. My daddy always told me, "you
catch more flies with honey than sandpaper", not that I was
ever interested in catching flies, but it's a good adage to
remember when dealing with people. The other one that's good
to remember is, "a squeeky wheel gets oiled". I combined
these two and got fantastic results!
I called, wrote etc at least once - twice a week, the teacher
and I were in constant contact but I was always really sweet.
Seriously, no matter how angry I got with the hoops you have
to jump through, I remembered to be sweet because the
attitude they approached _____ in, and maybe even the results
themselves will be highly determined by their feelings about
him, the only thing they knew about him was through my
contact with them - so be sweet! I was so syrupy sweet
sometimes, I thought I was going to get sick! It got to be
funny, I'd just sit there writing and all the sudden burst
out with "YUCK! this is grose!" DH would just laugh and tell
me I must be doing a good job then! Then he'd read it and
would hold the paper out and pretend to shake things off of
it, he tell me, "you're right, it's so syrupy it's dripping,
but they'll like it!" I even felt like I was lying sometimes
because I would at times be enraged with them as I wrote
these syrupy letters. But the sweetness and persistence
worked, not to mention a TON of prayer!
If it were up to me, I would have just told them off, but the
Lord gave me the strength to be sweet, I can do all things
through Christ who strenthens me - and HE kept it in the
forfront of my mind, when I thought to myself, "is all this
really worth it?" HE reminded me, "your child is worth all
this and more if you need to, I have plans for him".
"_____ you have hit on a good point about parents being
overwhelmed with the jargon in these instructions. I fully do
not understand it all myself. Like what will happen if the
teacher does not comply and est. bi weekly mtgs, etc. Where
do you go for back up?
Like I've said we were in a good area when this initially hit
us. I know we would not have been as blessed if this were
hitting us in FL. Parents go in usually divided, or not
totally in support of each other. Plus parents feel guilty
cause they know for real how there child acts at times, yet
if we don't keep this all in prayer and in perspective, that
our children are special and deserve every opportunity
available to them."
That reminds me of something. When we are worried about our
children, we tend to want to get things done right away.
Often, more times than not it seems, Moms will notice
problems first. Dad will, typically, go into denial. Mom
pushes and gets testing started, this builds resentment in
Dad. Please! This is a difficult enough time. I'm speaking
from experience here! When it comes to dealing with your
child, in almost any area, but especially when bringing in
others, keep your priorities straight. If hubby is reluctant
it would probably serve wives well, to be patient, don't push
so hard, instead, spend that time in prayer! Pray that you
would become like minded, not that hubby will see your way.
It is very important that other you deal with see that you
are united in this. A house divided will fall.
I encourage you to spend time in prayer before starting any
letter writing campaigns, or requesting testing at all. Talk
with your spouse, have open, honest communication. Maybe
spouse needs to be educated, maybe you're hitting the panic
button a little early. But most of all give it to the Lord,
go together in behalf of your child, seeking wisdom and
guidance and to be like minded. Then let go and follow where
HE leads.
I know I've tried to do it all myself and then went to God
and said, "Please Lord, fix this mess!" More or less. Let me
tell you, it's a lot more complicated that way. I've learned
the hard way, the old adage that I see on bill boards with a
Bible lately, "if all else fails, read the directions" is
wrong! WROOOOOONNNNNNNNNNNG! Truth is, and what we need to be
constantly thinking about is: Read the directions FIRST!
Didn't mean to preach. This is something the Lord's been
working on me with. I've got a long way to go, the rest of my
life in fact, but I've come a long way too. Let me tell you,
if you seek God first, life will be easier beyond all
imagination!
Seek ye first the kingdom of God
And HIS righteousness
And all these things will be added unto you
Ask and it shall be given unto you,
Seek and you shall find
Knock and the door will be opened unto you
Once again you have given wise counsel...too often I go off
"half cocked" as my Mom would say...trying to do what I think
is best, but not considering all of the options, or more
importantly what dh thinks...he is so easygoing and quiet
spoken that I forget to ask his opinion. Truth be known, I
would love for him to stand up to me and question some of the
things that I am pushing for, maybe play devils' advocate to
make me see through the implications of what I am doing...
(but feel would never happen if I didn't push...push...push)
(Do I know where Em gets some of her ADHD characteristics
from? You betcha!!! Persistent Mama to the rescue!!! - like a
dog with a bone!! :-)) But more to the point, your comment
about being "like minded" in all things regarding our
children is so on target.
I did this too! One day dh looked at me and said he wasn't
comfortable with _____ being on medications. I realized that
I had been going forward without even talking to him (not all
my own fault, BTW). I needed to stop and communicate with him
what I was doing and why. I still tend to trudge forward
leaving dh in the dust, mostly because I feel he is so slow.
You know what, the Lord has used that caution and slowness to
save us from some really bad mistakes, and when he wasn't
cautious, we got into trouble.
So ladies, submit the situations to your husbands for
consideration, involve them in everything as though you had
to sell a new program to the President of a company, and you
will find much more peace in dealing with all the "stuff" of
ADD/ADHD. Thanks for reminding me of this. I still don't like
to wait...
|
