Special Education/services for my son
I withdrew my son from school. I am not suing for lack of resources but I know I've a strong case. My son and I have been through so much emotionally, I don't have much strength left to fight. Here's where it gets bizarre. One would think they would be thrilled to not have to deal with this anymore. I asked to continue my son's services as is the law. They want to use entirely new providers not because those providers are more or especially qualified but because these providers are at a school my son isn't even attending but they wanted to switch him to. His previous providers have a good relationship with him and tremendous knowledge and frankly the utility in that continuity given his challenges cannot be overstated, to the point where I couldn't start from scratch unless a previous provider was genuinely unavailable, it wouldn't make sense. Anyway, their position is that the schedules have already been set. I responded that a child can begin school at any time necessitating integrating new kids into a schedule, I don't find their excuse persuasive. They basically said they didn't think he would be leaving school so they set up a schedule for him already and his previous providers already have a schedule. But as I said, if a new kid came into the school district, they're obviously going to use the providers in that school so it's not convincing. It's more of a "won't" than a "can't" and I cannot stress how much my son's challenges necessitate continuity and when something isn't broke...we spent a long time working with these providers, he's been with them for 4 years already. I can't replicate that and would only be on board with new people if I chose them or if they brought something specific to the table but they don't. Anything I can do? Thanks! to be clear
I sent the IHIP over the summer.
My son was denied a FAPE in about 1000 ways but I can't spend tens of thousands of dollars litigating. I called the state they told me to file a complaint letter but they seemed so NOT interested that its discouraging to spend all the time on a letter. I cried telling them what took place and they were cold and stoic. Does the state ever side with parents?
My son doesn't just need services. He is on the spectrum with anxiety disorder, some sensory issues (which they said they don't treat ever) and a minor physical disability. He relates better to some people over others. Its very traumatizing to him to have changes when something is working decently. It took us YEARS to make services something productive for him. I can't start from scratch again nor can I ask him to. He's been through enough transition. He is doing much better so far emotionally but I can't do education and services. I am qualified to do services but I don't have time to prepare. I know what he needs and one of the providers they want to stick him with made no progress with him years ago. What I am saying is I understand the legality but doesn't the law provide for a child's unique needs being met? He was so traumatized at school he wouldn't get off the bus and he started the year THRILLED for school. They did so much wrong. I want you to know they have NO reason not to provide the services with old providers. They said the scheduling was set but they could easily have to accommodate new kids. And the social skills class, that has nothing to do with scheduling, he'd just be another kid in it. My doctor agrees consistency is critical. Is there no legal way to attack this? Thanks in advance
First of all let me apologize for the abysmal attitude of those who profess to have a vested interest in your son, they do not and for that I am very sorry.
The simple answer to your dilemma is to find an advocate that will represent you in his IEP's, there are some who do this ProBono and the best way is to start calling all special education advocates and simply tell your story. You may get lucky.
barring any representation you will need to make a serious decision regarding the best interest for your son. Do you have the time to take on the educational responsibilities and simply move on and away from the public school fiasco that has surrounded you and your son for years? If you do have the time to home school, that might be a good option.
What the school did was in violation to your rights and the rights of your son and their fiduciary responsibility toward ensuring FAPE and his LRE. I hope you can find someone to represent you in this matter but beyond that it might be interesting to re-enroll your son back in school and force their hand to provide the needed services.
I can only imagine what your going through but the political aspects of your dilemma are serious and may be actionably and monetarily recoverable, especially with the loss of educational time and lack of needed services that are plainly needed.
It is obvious from what you've stated that they, the school is in violation in many areas but it will take an attorney or experienced advocate to weed out the problems and advocate for you and your son.
I wish you all the best and please consider home schooling and joining a charter school that might be more amenable to your specific needs.