Stabbed in the back by school - vent About This Page:

[Christine43]

I am so frustrated and angry right now I feel like crawling out of my skin. Perry, who's Autistic, goes to middle school and is in a separate class because of it. He will never be mainstreamed (with non sped. kids). His school likes to mainstream spec. ed. kids for specials (art, gym etc) and for a myriad of reasons I told them I did not want Perry mainstreamed for these and made sure it was in his education plan and it was very, very clear to his teachers, aides, principal et al. Perry comes home today and tells me he's been going to mainstreamed tech ed. and gym. They deliberately went behind my back and did what they wanted to do even though they had to legally commit to the agreements in his ed. plan. I am furious! I called our advocate and she and I are calling the school tomorrow and dealing with this and requesting a meeting. I am currently waiting on a pro bono lawyer b/c Perry needs to be transferred to a private school which will meet his needs better and I can't believe they'd pull something like this knowing that's going on! I am so sick and tired of dealing with all the dog doo from the school system! I just had to get that out, thanks for listening!!

[lukeandbrookesmom]

It's in his IEP and they totally disregarded it? That's not right I'm glad you have the advocate working with you to address it tomorrow. I hope you are able to get it straightened out right away.

[omd]

I'm sorry that the school has done this to you and Perry.

[home4us123]

[NanaTink]

I'm glad you have the advocate going with you! Mainstreaming is NOT the answer for every child!!!

[B.M.]

Lots of prayers and I've also had IEP's disregarded in the past. Its frustrating and ILLEGAL! Keep us informed...

[Lorraine515]

[Colexis Mom]

[benjiboo25]

Speaking as a person who does middle school scheduling (please dont hate me) and as a mom to a child on the spectrum...could it have been an oversight, easily corrected with a phone call? For much of the schedule, kids are "mass assigned" to classes. Then an individual has to go through and "tweak" it. Sometimes, the person who knows the IEP the best is not the one doing the tweakings. Often, a knowledgeable guidance counselor will know as much (or more) about her (or his) student needs and know the particulars. But ultimately, the case manager is responsible for communicating that information. Is has also happened in my school, that a principal, or someone else not familar with the kids, goes through the schedule to balance things, often reversing the particulars that we planned. (That is frustrating!). If its in the IEP that he cannot have mainstream classes, then he cannot. That is final.

Is is possible that they created an adaptive section (we have adapted PE, and Art) and many of the kids feel like they are going to a "regular" class like all the others. Hang in there and good luck to you and your son.

[rescuesk]

[Teresa]

Originally Posted by lukeandbrookesmom

It's in his IEP and they totally disregarded it? That's not right

It's not right, but it happens a lot! We were always fighting the school to keep to the IEP. The schools here found that most parents wouldn't fight them, and it's easier and cheaper to mainstream.


I'm sorry the school is doing that to Perry. How is he feeling about being put in a "regular" class? Many, many pixies for you and Perry. I hope you find some resolution.

[Cam22]

[Luvsun]

[Pax]

Originally Posted by Christine43

[...] for a myriad of reasons I told them I did not want Perry mainstreamed for these and made sure it was in his education plan and it was very, very clear to his teachers, aides, principal et al. Perry comes home today and tells me he's been going to mainstreamed tech ed. and gym. They deliberately went behind my back and did what they wanted to do even though they had to legally commit to the agreements in his ed. plan. I am furious! I called our advocate and she and I are calling the school tomorrow and dealing with this and requesting a meeting.

This is very very unfortunate, and I can fully understand your frustration. However, even though I am not an attorney, I think I know what they're going to wave around as justification for their actions:

603 CMR 28.06(2)(c):

Least restrictive environment (LRE). The school district shall ensure that, to the maximum extent appropriate, students with disabilities are educated with students who do not have disabilities, and that special classes, separate schooling, or other removal of students with special needs from the general education program occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

If they do, what you need to respond with is:

603 CMR 28.06(2)(d)(2):

The school district shall not delay implementation of the IEP due to lack of classroom space or personnel, shall provide as many of the services on the accepted IEP as possible and shall immediately inform the parent in writing of any delayed services, reasons for delay, actions that the school district is taking to address the lack of space or personnel and shall offer alternative methods to meet the goals on the accepted IEP. Upon agreement of a parent, the school district shall implement alternative methods immediately until the lack of space or personnel issues are resolved.

Their lack of immediate and written notice to you is a violation of the law. And yes, CMR = "Code of Massachusetts Regulations", and since you're in Quincy Massachusetts, they have full force of law over your school district. You can review these provisions of law [url=http://www.doe.mass.edu/lawsregs/603cmr28.html?section=01#start]here[/urlk]. That is, in fact, a government website; it doesn't get more official than that, on the internet.

I am currently waiting on a pro bono lawyer [...]

I presume you've contacted your local Legal Aid Society?

Regardless, your next step will (from what I am reading) involve contactign the Bureao of Special Education Appeals for either a mediation, or a Hearing. Again, I am not a lawyer ... but I suspect you iwll need the added force-of-law inherent in going for a full Hearing, and thus, having the ruling of an Administrative Law Judge in place - rather than them (again) agreeing out one side of their mouth, and then when your back is turned, again ignoring the provisions of your son's IEP in favor of their own convenience.

I found this list of resources for parents with special-needs children who need legal or other assistance; calling one or another of them may speed up your efforts to get the assistance and advice of an attorney:

Disability Law Center, Inc. Mass. Advocacy Center
11 Beacon Street, Suite 925 100 Boylston Street
Boston, MA 02108 Boston, MA 02116
(617) 723-8455 (617) 357-8431


Federation for Children with Special Needs Department of Education
1135 Tremont Street, Suite 420 Problem Resolution System
Boston, MA 02120 350 Main Street
(617) 236-7210 (ph)Malden, MA 02148
(800) 331-0688 (in MA) (781) 338-3737 (ph)
(617) 572-2094 (fax) (781) 338-3394 (fax)
TTY:
N.E.T. Relay 1-800-439-2370

Bureau of Special Education Appeals
350 Main Street
Malden, MA 02148
(781) 388-3300

Massachusetts Bar Association
Lawyer Referral Service
1-800-392-6164

Lastly ... does your school district have a PAC (Parental Advisory Comittee) ...? They'd better have one, because it's required of them, by law. They too can be a good source of information, referrals, and advice. Get in touch with them - or make careful note of the lack of such a body, if there isn't one; your attorney will be certain to bring that omission up as some very damning evidence against the school district. And will probably thoroughly enjoy it, too.

[Tricia Davids]