RE: Due Process-long post

[Guest guest]

AJ,

I have been to due process but for

different reasons. My 13yr old ASD, gifted, ADHD son sounds very familiar to

your case. We moved to get out of one district; we threatened Due Process but

settled. I didn’t know then what I know now, we finally had the means

just to get away from this district. I did my homework before we moved and

spoke to the board about “Autism” in their school district. We are

still in the same state, just different district/county. They told me they had

knowledge and it was the best place for him to be. They also said he would go

to the following school-which was out of district- because he needed serves

that it would be better. This was the “hub” school. (Basically, if

you are unfamiliar with hub, it’s where students are that need a variety

of services (mainstream-regular school) but because of the professionals that

need to service a wide area it’s better on them to narrow down how many

different schools they need to go to). The former school we moved from there

were many problems. I believe the biggest problem was they didn’t know

how or what to do with him. My son was not attentive but very smart. The

teachers were drama queens when they saw me coming. This particular school did

not have an onsite gifted class and because he was the only youngest gifted

student he could not be bused to the technical school where all the older gifted

students were. Instead, they sent him material to work on. I believe that this

was not a good idea, it just meant more work for him and he never got the hands

on experience like most others did. They saw him as smart but not paying

attention. He’s listening but they kept on him like he was not hearing

them. He began to shut down and was misunderstood. I believe this was the

beginning of disliking school altogether. I also believe it caused a lot of

depression, isolation and feelings of nobody understands me so therefore Im

just going to sit here no matter what they say and do nothing.

Once we moved, I had given him the option

to stay with his grandparents and finish out the school year. He was ready to

go, ready for change, all for the new school. I worried because it was a

transition and the middle of the year! Atleast the school was better (not

great) than where we came from. He was in the ACE (gifted) class where he could

play chess and basically be more challenged and excited about learning at the

school with others. However after that year ended (about four-five years ago

today) summer came and the district sent a letter. The letter stated “ALL

students not attending their LRE School will go to their LRE School”.

By this time my son was ok with this because; he met a few people in the

neighborhood and realized this is where they would be. So now he didn’t have

to explain why he went to another school. The problem was the letter mentioned

two different schools either this or that school. They said I should call to

see if he would be on either school’s list. Because I was worried about

another transition, I did call both schools throughout the summer. Neither

school had him on the list. I called every week, frustrated, I called the district.

I could never reach anyone there. The day school started, we still DID NOT KNOW

which school to attend. We waited for a bus, I finally took him myself. I took

him to a school when we walked in, my son was recognized from the principle.

What we didn’t know, the school he left from she was the vice principle

there now she was principle here. She states, “what are you doing here?

We do not have a gifted program here, let me go and make a call.” I’m

so frustrated at this point, im biting my nails but remained “nice”.

I knew this was a terrible problem that they could have fixed during the

summer, after all it was their idea to change schools. Now we are making a

change, another transition and he didn’t even have a chance for

orientation. This is when it all fell apart.

The principle later tells us what school

we should go to. I asked where his records were, that they should have been transferred.

I was so upset I just went home with my son. He would be entering 5th

grade. I got a call from the district and told them my concerns. They didn’t

listen yet offered for him to start a week later. My son is now excited he’s

attending where all the neighborhood kids are going. He started and this

particular school was getting 5th graders ready for middle school by

changing classes every subject. This sent him into a whirlwind! He was

depressed, I hospitalized him and as you, I wished I had never done so! It was

a nightmare within itself and not helpful. They said; “if he remains in

public schools he will be in and out of hospital”. I begged for them to

write letters to help me with this but once he left hospital, they would have

nothing else to do with him because he was no longer their patient. I don’t

think the hospital helped at all, I felt as if it was a revolving door and they

would offer no further help even with me asking before he left. The counselor

said “have you ever heard of Time magazine article “failing our geniuses”?

That’s about the basic help I got and furthermore I had a

difficult time taking him off some meds that had terrible reactions too. The

doctor would not take him off after he left the hospital-they wouldn’t

help at all. It was not the right kind of help he needed and how frustrating

for us when you desperately need the right help and cant find it. I thought to

myself, and this is America?

Where is the help for our children? The story gets even uglier from the

school. I had warned them, begged them almost on my hands and knees to change

their program and look what happened. They blamed us, the parents not just the

school but the SPED director “its whatever your doing to him at home”.

They played really dirty…really dirty. I couldn’t believe it was a

sped director! We were advised from his neuropsychologist and he wrote a letter

stating he needed home bound services for atleast six weeks (this was due to

medication problems he wasn’t ready to attend school again). They totally

ignored the doctors letter as begged from home, where are the teachers? The

school basically threatned me and told me truancy laws would be held against me

if he wasn’t back into school. My advocate advised differently yet

because they threatned me we were holding them responsible for whatever

happened. IT didn’t take a week until we had major problems and this is

when we actually placed him into the hospital. Then after they denied home

schooling, they wanted their hospitalization-claiming he was in a crisis-HE WASN’T!

They said they would pay, but once we got to hospital it was different, we

packed up and went home. The following day they reported “me” to

DHR for neglect. They said he needed to be hospitalized (he was not in a crisis

state but this is how they were going to get their own testing). I was advised

to go along, if they wanted hospital, they were paying, then I must corporate

with them. I cried all the way there, so did he, we each knew it was not needed

I went to due process much later, the

first request of DP they made a “deal” with me by: dropping the

charge against me and they agreed to hire the specialist I brought in whom done

the testing. They agreed to pay her to work with me and the school. (Although

the sped director later made it sound to all other teachers it was for OUR

family, not teachers). What our reason for the next DP was because we needed a

full neuropsych testing and we asked the district to pay. They ignored this as

well. I went with my son, traveled to get this comprehensive testing done and

wrote to the school that they were eligible for payment because they did not

follow the law. We lost but I represented myself, with many encouraging words

on how well I done from the judge himself, however we did not collect. I had

documents that proven we deserved this. The hearing was UNREAL how the school

staff lied under oath and regardless of my signed documents I hand delivered

and stamped received-they claimed unbelievable things!

The following year he started middle

school. Today he is in the 8th grade and is doing ok. I was worried

about him and the transfer to middle school, where he did have troubles again,

they did not understand him nor did they know how to deal with him. He’s

not much trouble, he just refuses to do some things. I also believe this is

related to his giftedness and teachers gets so frustrated with him because they

are constantly re directing him yet they think; he knows better because he’s

so smart! So each year it’s a different group of teachers whom get to

know him sorta-in the middle of the year. Sad.

Somehow he made it through the sixth grade

with troubles but we expected another hospitalization, we were warned. Because

he “made it” they claimed they were right and patted themselves on

the backs. Im glad he made it myself but I still felt as if he was left behind

and did not receive the services he needed. We had everything mapped out and

GAVE them the neuropsych report with all kinds of “cheap”

recommendations they refused to follow. SO basically they got this for free and

it sets in his file collecting dust. Unreal right? Today he feels like he is

doing good…and he is. His grades are moving up and this year they FINALLY

know him a bit more, they don’t allow him to do homework-which is

something we had major problems with and would beg and plead in the past. This

is one of the reasons as to why he is doing well, no homework! He’s able

to ace the test and appears not to be listening when he can multi-task and he

is now “allowed” too. But guess what? High school is next year…what

is next?

BTW: I wanted to hire a lawyer this year

because I wanted him to go to a private school that I couldn’t afford. There

was none here but if I can’t get his needs met after the nightmare we

have been through-moving, being made to transfer, hospitalizations and the

underhanded treatment we received from the district. Today the SPED director we

once had has moved on THANK GOODNESS! I would go through it again if I thought

we stood a chance but since hes doing ok and my family cannot be strained again

such as we done before we settle for doing ok for the moment. The lawyer was

hired, said she could help us but once she received paperwork-documents I had

written to the school, from the school, she called to say, she cant help me.

That she thought it was impossible to get what I was asking for-private

schooling. I don’t agree but whatever. Fight for what is right is my

advice. Your child is WORTH it!

Deb’s

From: Autism and Aspergers Treatment [mailto:Autism and Aspergers Treatment ] On Behalf Of ajayb165@...

Sent: Thursday, December 02, 2010

10:17 PM

Autism and Aspergers Treatment

Subject: Due

Process

Has anyone gone through due process

hearing to fight for less restrictive environment for their child with ASD?

Our son is 13, Aspergers, ADHD,

generalized anxiety, NVLD, sensory issues. I have written before

about situation we are in with our son who was kicked out of an " open

enrolled " school district shortly after school started. We had

him in a partial hospitalization program for 3.5 weeks which was a huge mistake

- med trials that were disastrous, caused weight gain, rages, etc.

We have now taken him off all meds except Tenex. He is doing remarkably

well.

HOWEVER, he is not in school. He is

currently on home bound instruction but we want him in a school ...he wants to

be in a school.

The enrolled district won't allow him

back - they feel he needs a more restrictive (Level IV) setting and want to

place him in that school with class size of 3-4 boys. We feel he

can be served in a Level III setting where he will have some access

to " non-disabled " peers. Our " home " district -

where we live, will not allow him back as there is some law regarding

" desegregation. " Ideally, we would like him in a school that

serves those with Asperger's and HFA but they currently do not have any

openings. We did find another school that has a program within

their middle school for ASD students. They mainstream as much as is

tolerated.

So, we are looking at a due process

hearing against the " open enrolled " school to fight their level IV

placement. We do have a behaviorist who stated that our son could be

successful in a Level III with the right supports and that he needs to have

contact with non-disabled peers. He needs to be around " kind "

students who will be open to mentoring him rather than bullying.

I am just wondering if anyone else out

there has had experience with due process that would be willing to share their

experience.

Thanks.

aj