Hi Kim - your son kept me up half the night.
Seriously. It just sets my hair on fire when I hear about districts behaving this way. It makes you wonder who is the adult and who is the child. Sigh...
I've gone back and read all of your posts now. I should've done that first - sorry, was being lazy. I have some ideas and suggestions, and also links to information that may be helpful. Take what you can use and ditch the rest. I'm not an expert - none of us are - but I had 2 kids in sped (oldest was classified as "Other Health Impaired" - he has cerebral palsy, a vision impairment, is nonverbal, and has epilepsy, is basically a quadriplegic, and my next child was classified as "emotional disturbance") and I was a decent advocate for them thru middle school. It all went to Hades in a hand basket when they hit high school, but... that's a story for another day.
These are just my opinions, and you get what you pay for.
Again, I hope it will be helpful for you, but if it isn't, please just ignore me. Also, I have a very dark sense of humor - I will try to mute it, but after almost 30 years dealing with "professionals" who are supposed to be a member of my kid's team, it's kind of automatic. I've met a handful of folks in districts over the years that were absolutely on top of things and doing what they were supposed to. I've met a bigger handful of people that just made me pause and wonder why on earth they ended up in education when there are so many other careers that were more suited for their temperament - brain surgeon, rocket scientist, politician, dictator of small country.....
First and foremost, you have seriously got it together. Parents are always the experts on their kids (no matter how unprepared and inept our kids can make us feel sometimes, LOL), and I think you have really good instincts on deescalation tactics and supports your son needs. I mean, *really* good. I think you've also got an excellent feel for dealing with the bureaucracy you're dealing with right now. I actually laughed out loud when I got to your post about how you made them change their "crisis plan." That whole thing was wrong from the get go, and I'm impressed that you called them on it and made them change it. It took me a couple of years to learn to really stand up to them. You are a fantastic advocate for your kid, and you're just starting!!!
So -
here's a link to IDEA. I like this link because all the sections are spelled out. Most states just mirror the IDEA regs in their own sped law, but like I said, some states add perks so it's worth checking out (in your spare time
).
In general, fighting districts over placement and supports and contents of IEPs can be sticky. They have funding for sped attorneys and, well.... it can get nasty real quick. On the other hand, if they don't follow the law's *procedure*, they lose before they even get started. So it's important, especially as you're beginning this process, to keep track of dates, timelines, etc. When you had the initial meeting to get the evaluation process started, you should have received a copy of procedural safeguards. Memorize that thing, lol. If you didn't get one, that's strike one for the district. My elementary district also included a list of advocacy resources, free or low cost. I think that is required, but I cannot find that section of law, but ... yes, I am 99% certain that resources are/should be part of that notification.
Pay special attention to prior written notice. IDEA is *very* specific about what must be contained in PWN and when PWN must be given. It's been my experience that districts don't follow this rule. If they don't, it's a procedural violation and the district has zero defense.
One of the things that kept me up last night was my innate distrust of administrators, lol, and I was worried that you might not even be waiting for a real IEP evaluation. I was extremely relieved to hear you signed consent forms. That's great. So now for the protections. "If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under §300.530, the evaluation must be conducted in an expedited manner." Your child is receiving disciplinary measures, the district is aware he may be a child with a disability since they're doing an evaluation, they *by law* must expedite it.
Please peruse the discipline section. Specifically, a sped child who is removed from his current placement for more than 10 days per school year (and I'd count up every hour he's been out of the classroom - based on your posts, he's darn close to those 10 days) still *must* receive educational services AND where appropriate should receive a functional behavioral assessment (FBA) and behavior intervention plan (BIP) and modifications "that are designed to address the behavior violation so that it does not recur." And modifications are *not* punishments. Ugh.
An FBA was something that crossed my mind last night for your son. District should definitely be getting this done. Involves psychologist observing your son in classroom on multiple days, for an hour or two at a time, different times of days, in hopes of identifying triggers and potential strategies for managing his behavior. The BIP (which is *not* what they wrote without your input) is a *positive* method for managing behaviors. Identify trigger, offer positive strategies for intervening, and method for evaluating success of those strategies. BIP should *never* be based on negative consequences.
I also think he should be getting an assistive tech evaluation. Your suggestion that he be allowed to type was so spot on. I mean, really. What is the goal here? Education or compliance? The person who said that wouldn't "be fair" should be reminded that life isn't fair. (My eyes rolled so hard on that one, I thought they would fall out of my head!!) Yes, he needs to become more comfortable with writing, but get Occupational Therapist (OT) services in there to identify any specific problem and work with him, and in the meantime allow your son to participate in classwork by typing. Problem solved. Common sense.
Check to see if your district/state has jumped on the
Positive Behavioral Support bandwagon. Even if they haven't, this program is endorsed by the
Office of Special Education Programs (OSEP - good resource, federal agency responsible for helping states implement IDEA, an ally for our kids and ourselves).
I think it's good that you are seeking outside evaluations, but please be aware that while the district is required to "consider" any outside evaluations you have done, they are not required to follow any recommendations or even accept the findings of those evaluations. You also may want to think about how those evaluations are shared with the district. Most will ask for a blanket release of authorization from you so they can get results and even speak with the physician/professional/whatever. I would recommend caution (but I'm horribly cynical). It didn't take me long to become a gatekeeper when it came to sharing information. Everything had to come through me first. I got tired of nasty surprises and manipulations.
Independent educational evaluation at public expense. If you disagree with an evaluation by the district, you can request an IEE at public expense. Section 300.502. It's important to know about the options covered here.
I found a great handout from NC on
seclusion, time outs, and restraints. While it's specific to NC, it gives a good overview. Laws vary by state. In IL, they were required to provide me with written notification every time my ED son was restrained (I got a lot of those). I think it also may vary by state as to requirements re: training of person doing restraint. Bottom line, seclusion and restraint may *never* be used as a punishment, and if they are using those strategies, criteria and method should be spelled out in IEP/BIP.
A half day is "against school policy." My eye. When they make statements about "policy", put on your best "goodness gracious" face and ask to see said policy. In writing. I also would've been hard pressed not to ask why they were violating their own policy by removing your son from classroom for a half day or more, but I have been known to get snarky when I'm pushed.
I understand you not wanting to "tattle tale" to the district every time the school staff blunders. It sounds like you have at least one ally (Dir of campus operations) in district admin. Nurture that. Also realize that the *district* is responsible to comply with IDEA, with all those irritating timelines and pesky procedural rules. Technically the district could face serious state/federal consequences if they've got a rogue school that is not in compliance. Now, I've yet to see noncompliance seriously enforced but... even having the state/feds sniff around for compliance issues will send districts into a tizzy. You're not tattle taling. You're advocating.
I also seriously understand your wondering what are you fighting for. I've already touched on a ton of info here, you've got a kid who is miserable, you've got adults who obviously don't have a clue of how to educate your kid, and I'm sure you're close to having a Pavlovian response when the phone rings at 8:00 in the morning. Only you can know if the battle is worth it to you and your son. Personally, while I did homeschool my ED kid for about 6 weeks during middle school, I really just don't have the temperament to do that. I also believe even more strongly in hindsight that the socialization in a school setting is just so incredibly important for our challenging kids. And as much as a battle as it may be, schools *do* have access to better resources for our kids than we do (unless we win the lottery, which, alas, never happened here
). You have to weigh it for you, your son, and your family. There's no shame in homeschooling if that is the best for your kid (though I see that as a win for the district because they avoided having to do their job, but I'm a bit salty at this point). It is what is *best* for your kid and family that matters. And I did throw in the towel when my kids hit high school. I just couldn't deal with evil school district attorneys and retaliation against my kids and fighting Every Single Day with whatever "professional" decided to punch my button. I made sure my kids were safe (as best I could), happy (as much as they could be), and... I gave up the fight. I don't regret it for a second because I was losing what little was left of my sanity and, realistically, even if I had prevailed, it wouldn't have changed the outcome. Follow your gut, always.
OMG, my computer just crashed and I thought I lost this book!!! So, I guess that's the sign I should wrap it up, LOL.
My ED kid had similar behaviors as your son (and what is the deal with crawling under desks???? Is that just a 6-year-old thing??? Honest, my kid was doing that throughout first grade, though he added growling animal noises just for fun). I actually was a lousy advocate for him because I couldn't wrap my head around the fact that I had
2 kids who needed sped services, and they needed services that were completely different. I mean, could Life actually be doing that to me???? But once I got over myself and got with the program, while I can't say things necessarily got better for my ED kid, we at least did have a plan and having a plan, even if it doesn't work, is a start.
My ED kid had a rough go throughout school - defiant, violent, noncompliant, and at times just pretty much impossible to contain much less educate. He ended up dropping out of high school. He's 25 now. A licensed EMT. Living on his own, has had some long-term relationships, has friends, and is delightful. I'm so incredibly proud of him. And this was always the goal - getting him to be a law-abiding, self-sufficient, independent adult. Makes all the tears and battles and feelings of hopelessness and incompetence on my part totally worth it.
Hang in there. I hope some of this stuff will be helpful for you.
Gentle hugs.