What are my rights?

[Guest guest]

Hi,

I have another question about my daughter Kaitlin. She is 3.7 & has

been going to the speech therapist at school since Sept. She has

therapy 2x 1:1 & 1x 1:3. She has come a long way since Sept. We had

her IEP & they wanted to change it to group only. I had disagreed

because I have seen her in group & she never says a word. The

children in group with her are not apraxic. They want to put her in

group for socialization & because she speaks well (with prompting) in

the 1:1 sessions. The school she attends is 5 days a wk for 2.15

hrs, so I feel she gets plenty of socialization there along with her

playmates at home. They also told me that the sp therapist does not

know is she is apraxic........ " it could be developmental,

phonological or just some articulation problems. " They originally

diagnosed her with apraxia along with Children's Hosp. I said that

if that is the way they felt then she should be reassessed by an

outside source. That you can not give proper therapy if you are not

sure of the underlying issues. Today, I recieved a reply

stating " We would like to offer you one of our two Speech

Pathologists to assess Kaitlin in order to determine her degree of

difficulty and if her speech issues are within the realm of

dyspraxia " I am not sure if I should agree to this. I'm just

wondering why they did'nt have one of them meet with Kaitlin earlier

& am afraid they might just agree with the school since they are

employed by the school. What are my rights? Sorry for rambling

again.........thanks

Eileen

P.S. the whole yr she was taught with an apraxic agenda

[Guest guest]

But you do not have to state why you disagree with the district's evaluation.

Good luck!

Re: [ ] What are my rights?

Hi, Eileen. I think it would put you in a bad light if you refused the

evaluation by the school, since courts generally have found that the school

has the right to do its own testing.

If you disagree with their findings, you have the right to an independent

educational evaluation at public expense (or you can pay yourself and have

the evaluator be on " your side " vs. being " independent " ). There are specific

regs governing this, but basically you have to disagree with the school's

findings and request the IEE, at which point the school must agree to fund

the IEE or else take you to due process to show that their eval was

appropriate.

You can learn about IEE's at <A

HREF= " www.wrightslaw.com " >www.wrightslaw.com</A>, among other sites.

Sandy, Illinois

[Guest guest]

First of all I would have a  new IEP hearing and tell them that I want a half

day for Evan, yes they can do that they did it for my son.  Be firm and tell

them that he is not able to sit for that long a day to start with and that you

will work up to a full day during the year.  They are going to tell you they

can;t do it but you tell them that " if this is what is appropriate for Evan you

must do it or find a half day program for him at school epense.  Next, clearly

you should have the teacher to back you up in getting a one to one aide...if it

is needed they must provide it.  They are going to say that his behaviors

prevent him from going into a gen ed classroom but you should have last years

teacher at the meeting stating how well he did.  If he is writing his name and

knows his numbers I think he is doing really well.  My son did not know all his

numbers when he started kindy.  If they give you a hard time table the meeting

and tell them you will bring an advocate or lawyer with you next meeting.  If I

were you I would take one to the initial meeting to get what Evan needs that way

the school knows you mean business.  I had to take an advocate for three

years...so far since then they have been very agreeable with me.  It is going

to be harder to get him out of a sped placement than to have started gen ed to

begin with but it can be done.  If you have any questions just shout.  Hope

this helps.

 

Loree

what are my rights?

  Hello, I emailed the group earlier about behavoir problems my son has been

having at school. He is in a Special Needs Kindergarten class (included

with regular K only during center time and lunch) that is NOT in his school

district. During his IEP meeting leaving Pre-K, the teacher suggested he

attend this class over the functional skills class at the school which is

presently in OUR school district. I was happy to hear this, as I didn't

want him in functional skills, atleast until I knew how his first year went.

Well I am learning from you guys that he is not in his least restrictive

environment (LRE). That was never offered to me (Evan in a regular K class

in his home school district). I'm not even sure if this is the right thing

for Evan anyway.

Anyway, I have also learned that most kids that are in their LRE are

entitled to their own aide, is this correct? I am asking this because

Evan's class only has 6 kids with 1 teacher and 1 aide. They cannot handle

him and his behavoirs. He is acting very rambunctious. Running out of the

classroom, standing on chairs, etc. Everyday, I get a brief note telling me

this! He did great in Pre-K for 2 years. I really think the long day is

taking a toll on him. Anyway, why is he getting the opportunity to run

around the classroom and out of the class, getting up from the lunch table?

My main question is this: Since Evan is in a Special K class, is he

ENTITLED to a one on one aid? Apparently, the one in Evan's class isn't

enough. His OLD Pre-K teacher is coming to his classroom today to see if

she can help his NEW teacher with some behavoir strategies. I found out

yesterday from the VP of the school that this is only their 2nd year with

the Special K program at their school. My husband went to open house

lastnight and asked the teacher if she has ever taught children with down

syndrome before and she told him " yes, a few, but they were more (husband

couldn't remember the exact wording she used, but he took it as if Evan was

more low functioning). How could he forget the word she used!!??? Anyhow,

I don't know how low functioning my child is. He learned his numbers, how

to spell his name and how to follow routines in PreK which I thought was

great. The teacher thought he did " well " so she recommended the special K

class over the functional skills. Well, I'm assuming if he were high

functioning, they would have put him in the regular ed class with an aide?

There is a boy in my neighborhood with down syndrome and autism and is

presently in the functional skills class in the county. His mother told me

that she had to hire a lawyer to get him a one-on-one aid and he really

needed one. Did you parents have to hire a lawyer to get a one-on-one aide?

I personally feel my son can learn, but not in an environment where he can

run around and stand on chairs, etc. I feel that a one-on-one aide could

solve this. I don't want them to put him in a functional skills class

because of his behaviors because I know this is not his normal behavoir. I

am very stern and consistent with him at home and don't let him get away

with anything. Ofcourse he tries, but he doesn't get away with it!

I'm sure we will have a meeting planned soon, so I would like to know what

Evan is entitled to. What I have read from IDEA is that he is entitled to

the least restrictive environment if it is agreed upon between the educators

and parents (that is appropriate for the students needs). Well, if he isn't

in his LRE (regular ed classroom), can he still be entitled to a one-on-one

aid in a Special-K class since there is already a class aide for 6 students?

His old prek teacher said that she would be giving me a call after her visit

today, I will keep you updated.

Thank you for taking the time to respond. This has been a very emotional 4

weeks for us. I feel like I'm sending Evan off to la la land to go play at

school.

Rene (mom to Evan, 5)

[Guest guest]

Entitlement is a tricky word. He is entitled to LRE, but what is his

LRE? LRE is a term, not a place, and is different for each one of our

kids. It may involve a 1:1, it might not... depends on where the LRE

is. It's more likely that if a child with a disability is fully

included in a regular ed setting that they might require a 1:1 to be

successful, but I'm sure that aides are provided in a variety of

settings... that's they beauty (and frustration) in the " I " of IEP. The

thing is, before placement is decided on at the IEP meeting, all options

should be discussed, and you should have been given an opportunity to

visit and observe the possible placements and have an idea of where you

wanted your son, starting with regular ed as the truly " least "

restrictive and investigating inclusion and mainstreaming, then special

day classes, then life skills classes (and your district and area may

have other possibilities too.) Now maybe this happened, and at the

time, you agreed, but either way, it sounds like you'd like a discuss a

possible change of placement, which will require a meeting (and probably

a struggle.)

1:1 aides are a tricky thing, and different schools have different

" conventions " that they seem to follow, some without regard to LRE and

placement discussions. I don't think you can say he's entitled to an

aide per say, but if his LRE is full inclusion, for example, and for

this to work, would require a 1:1, then they would have to provide one.

I would suspect that they will fight you on a 1:1 in a special K class,

just out of principle, since the ratio is already low (adult:student)...

not saying this is right, just what I'd imagine. But, if everyone

agrees that his proper placement is the special K class, yet his

behaviors require additional support for his success and safety, then

they may be willing to provide a 1:1 for him, or at least add another

aide to the clasroom until he's settled into the routine (since you

indicate that these are not his typical behaviors.)

So, what you need to do is look at all the possilbe placements for your

son... visit them, talk to people, and see where you think your son

would best learn. Get comfortable with your decision, and then call an

IEP meeting. It may be to stay where he is with more support (1:1 aide,

behavior plan, going down to half day... maybe only part of the year,

maybe all year... would something make this the best placement for

him?), or to move to a different placement (could be more inclusive with

more support, different school, different program, whatever.) I have

found that when I am confident that what I am fighting for is the right

decision for , it's much easier to stand up to these meetings

and stick my ground. Having different ideas that would meet your

criteria for your son (without a major compromise to what you want)

makes you seem more accomodating and agreeable, which can sometimes go

far (not always, don't feel like you need to give in.)

Some of our kids with DS are fabulous mimics, and being in a placement

where there are other kids with serious behavior issues can cause our

little mimics to start acting badly... have you observed in his

classroom to see how the other students behave? It's best if you can do

it without him knowing (I know I've hidden behind bookcases and watched

's class in kinder and 1st because if she or the other kids

know I was there, they would not act typically.) Of course if you ask

the teacher, it will only be your son acting up,but I'd want to observe

that for myself before I made any decisions... sometimes one look at the

classroom can tell you a lot... for example, at Back to School night, I

learned that they were not really supposed to be having that much

homework in social studies because the teacher gave them lots of time in

class to do it, which I thought odd b/c had a couple hours

each time. Yet, being there (and confirming with classmates in my girl

scout troop) I learned that (1) the teacher has a VERY loud voice, I

almost covered my ears at Back To School night AND (2) he plays loud

music in the classroom during their homework time. Well, has

sensory issues and hates noise, so I totally understand why she doesnt'

get anything done in there (again, confirmed with trustworthy girl

scouts.... E is sitting in the back of the room, right next to the CD

player??? What is the aide thinking????).... IEP tomorrow to discuss

this and other things, but had I not been their (and communicating via

email with the teacher, didn't hear his voice) I'd have kept on her " why

are't you getting this done in class! "

Good luck, and this group has lots of experiences to share, so keep us

posted!

, mom to (14), (12 DS) and Sammy (11)

On 9/22/2010 6:23 AM, Troy and Rene Vaughn wrote:

>

> Hello, I emailed the group earlier about behavoir problems my son has been

> having at school. He is in a Special Needs Kindergarten class (included

> with regular K only during center time and lunch) that is NOT in his

> school

> district. During his IEP meeting leaving Pre-K, the teacher suggested he

> attend this class over the functional skills class at the school which is

> presently in OUR school district. I was happy to hear this, as I didn't

> want him in functional skills, atleast until I knew how his first year

> went.

> Well I am learning from you guys that he is not in his least restrictive

> environment (LRE). That was never offered to me (Evan in a regular K class

> in his home school district). I'm not even sure if this is the right thing

> for Evan anyway.

>

> Anyway, I have also learned that most kids that are in their LRE are

> entitled to their own aide, is this correct? I am asking this because

> Evan's class only has 6 kids with 1 teacher and 1 aide. They cannot handle

> him and his behavoirs. He is acting very rambunctious. Running out of the

> classroom, standing on chairs, etc. Everyday, I get a brief note

> telling me

> this! He did great in Pre-K for 2 years. I really think the long day is

> taking a toll on him. Anyway, why is he getting the opportunity to run

> around the classroom and out of the class, getting up from the lunch

> table?

>

> My main question is this: Since Evan is in a Special K class, is he

> ENTITLED to a one on one aid? Apparently, the one in Evan's class isn't

> enough. His OLD Pre-K teacher is coming to his classroom today to see if

> she can help his NEW teacher with some behavoir strategies. I found out

> yesterday from the VP of the school that this is only their 2nd year with

> the Special K program at their school. My husband went to open house

> lastnight and asked the teacher if she has ever taught children with down

> syndrome before and she told him " yes, a few, but they were more (husband

> couldn't remember the exact wording she used, but he took it as if

> Evan was

> more low functioning). How could he forget the word she used!!??? Anyhow,

> I don't know how low functioning my child is. He learned his numbers, how

> to spell his name and how to follow routines in PreK which I thought was

> great. The teacher thought he did " well " so she recommended the special K

> class over the functional skills. Well, I'm assuming if he were high

> functioning, they would have put him in the regular ed class with an

> aide?

>

> There is a boy in my neighborhood with down syndrome and autism and is

> presently in the functional skills class in the county. His mother told me

> that she had to hire a lawyer to get him a one-on-one aid and he really

> needed one. Did you parents have to hire a lawyer to get a one-on-one

> aide?

>

> I personally feel my son can learn, but not in an environment where he can

> run around and stand on chairs, etc. I feel that a one-on-one aide could

> solve this. I don't want them to put him in a functional skills class

> because of his behaviors because I know this is not his normal behavoir. I

> am very stern and consistent with him at home and don't let him get away

> with anything. Ofcourse he tries, but he doesn't get away with it!

>

> I'm sure we will have a meeting planned soon, so I would like to know what

> Evan is entitled to. What I have read from IDEA is that he is entitled to

> the least restrictive environment if it is agreed upon between the

> educators

> and parents (that is appropriate for the students needs). Well, if he

> isn't

> in his LRE (regular ed classroom), can he still be entitled to a

> one-on-one

> aid in a Special-K class since there is already a class aide for 6

> students?

>

> His old prek teacher said that she would be giving me a call after her

> visit

> today, I will keep you updated.

>

> Thank you for taking the time to respond. This has been a very emotional 4

> weeks for us. I feel like I'm sending Evan off to la la land to go play at

> school.

> Rene (mom to Evan, 5)

>

>

>

>