Special Education Laws & The School Lying

Status
Not open for further replies.

NeedLegalAdvice

New Member
Just a brief history of the situation Im seeking legal advice on. I've always known my child was different but wasn't aware how it would effect her in school until she started head start, During head start she was evaluated by the occupational therapist employed by the school board. He recommended I take her to be evaluated by a psychologist . I did and she was diagnosed with autism, adhd and sensory integration disorder. The psychologist & her family physician wrote the school board a recommendation for my child to be provided with 'special education' services like speech, occupational therapy and other services. I hand delivered the letters to the school board and her school on 2 occasions. The recommendation was ignored. When she started kindergarten, I again supplied the school with the same letters and nothing was done. After discussing my situation with a family friend who works at a different school I was told a evaluation for special education should have been requested. So I spoke to the director of special education at the school board & in February of 2012 was when the evaluation was initially started. Basically The school ignored the psychologist & the family physician recommendations plus failed to tell me that I could request it myself.

August of this year, my child was found eligible for services.

The issue Im seeking advice on is because of my child's learning disability she is obviously behind other children her age. The school recommended I retain her in kindergarten last year & after speaking to her psychologist about this and I felt like that wouldn't benefit her. I told them I wanted her to go on to first grade. Before school started in August I went in to speak to the principal about the situation because I was unclear of what their plan was , and the principal said that my child would be in first grade. However they had placed her in a Kindergarten teacher's room. When I asked why my child had a kindergarten teacher since she was in first grade and the principal told me that it was actually a k-1 class and that my child was in indeed in first grade. At open house I met my child's teacher and she confirmed that she was a k-1 teacher for a k-1 class. The principal resigned from her position a few days later & is now working at the school board.

I was led to believe that my child was in first grade until 3 days ago. I had received my child's progress report for 'kindergarten', so I wrote a note in the comment section asking why my child's progress report didn't state first grade instead of kindergarten & the teacher told me that she was in kindergarten. I immediately set up a meeting with the assistant principal ( the school doesn't have a 'new' prinicpal yet) and she 'apologized' for the lie & everything. The asst. principal also told me she had no idea where this 'k-1' idea came from. I told her It came straight from the principal & from the teacher. My child's teacher even started a facebook group for student's parents and its titled k-1.
The asst. principal felt my child needed to stay in kindergarten because going to the first grade this late in the year would do more harm than good and she would be way behind the other kids, and that shes struggling in kindergarten. She has a learning disability, she will struggle regardless. Its their place to accommodate her, and provide her 'help' to get caught up. They should be responsible to provide her even more help and assistance considering they've had her doing kindergarten work since school started when I & my child were led to believe she was in first grade, so its their fault why she would be further behind first graders if she was placed in an actual first grade room.

I want my child in first grade, Ive wanted that from the very start, and was lied too and led to believe she was in first grade. I know this can't be ethically right and Im thinking its probably not legally right either. This is why I need legal advice. What can I do legally or what should I do legally? I obviously don't know the laws or even if this situation requires a lawyer. I just don't know what to do. They lied to me about my child's education and caused more harm than good.
 
Last edited:
The law, even if it applies, will not be a quick solution to your dilemma.

A court battle can be long, and often will not achieve the desired result.

I suggest you make an appointment with the school superintendent, or the elementary curriculum director (or assistant superintendent in some cases over elementary curriculum), or the special education coordinator for your district.

You can call your school board's headquarters or superintendent's office and seek that information.

Once you have identified the PROPER person, make an appointment and visit with the individual.

Discuss your concerns, do not blame anyone, be objective, discuss what the psychologist told you, express your concerns for what you believe is best for your child, and aks for a remedy.

While you are waiting for your date with the PROPER school official, speak with your child.

Ask her questions: is she happy, is she learning, how does she feel about school, what can you do to help her, what can you do to support her, etc...

Mom, you know YOUR baby better than anyone.

You care about what is best for her.

If she is held back, (meaning the school won't budge) help your baby do well.

Consider if what you want is for you, and NOT for her.

I am not accusing or blaming, I am trying to help you make sense of this.

Whatever you do, don't become negative, argumentative, or accusatory.

People do not respond well to threats. So, please don't allow yourself to go there.

Stay strong and remain positive for your baby.

Okay, after you have spoken with the appropriate person, post back.

I'll offer some possibilities for your next step(s).

In the meantime, just help your baby.

How?

Spend time with her, teach her to read, the alphabet, to print her name, reveal her address, date of birth, colors, numbers, count, anything like that.

My mother taught me how to read by using the Bible, labels from cans and boxes, newspaper, junk mail, etc...

She taught me to use my imagination by listening to radio programs.

She read to me from books in our home.

That was before homes had televisions.

There are many things you can do to help your child progress.

But, take it slow, and remember it is what is best for her.

That might not be best for you, but she needs it more than you.
 
I left out very important details...

The day of the meeting with the asst. principal, school psychologist, and special education teachers to discuss the results of their IDEA evaluation (which was awarded in our favor) , the evaluation paper the psychologist read from stated my was in first grade. So it was also acknowledged that day in front of the special education 'team' along with the asst. principal that she was in first grade. I also had to sign this very same paper showing I agreed with the information and their decision.

And another thing In Kentucky we have the No Child Left Behind Act, and I've NEVER gave the school consent and I never signed a papers giving them permission to hold my child back! The school led me to believe my child was in first grade since befoire school started, and practically kept it hid that she was actually in Kindergarten again ** without my consent. This sounds like negligence to me? I feel like I really need a lawyer.
 
I left out very important details...

The day of the meeting with the asst. principal, school psychologist, and special education teachers to discuss the results of their IDEA evaluation (which was awarded in our favor) , the evaluation paper the psychologist read from stated my child was currently in first grade. So it was also acknowledged that day in front of the special education 'team' along with the asst. principal & psychologist that my child was in first grade. I also had to sign this very same paper showing I agreed with the information and their decision.

And another thing In Kentucky we have the No Child Left Behind Act, and I've NEVER gave the school consent and I never signed a paper giving them permission to hold my child back! The school led me to believe my child was in first grade since before school started, and practically kept it hid that she was actually in Kindergarten again ** without my consent. This sounds like negligence to me? I feel like I really need a lawyer.
 
and obviously this entire situation has been very emotionally stressful & draining for me and my child.

If you think they care, you are fooling yourself.
They won't respond to threats.
They don't have to, they spend our tax money to thwart us.
So, as stressful as it may be, concentrate on your baby.

Sure, speak to any lawyer you wish.
You have an undeniable sixth amendment right and privilege to retain an attorney.
That said, did deep into your piggy bank, cookie jar, or can buried in your backyard; because you will not retain the services of one one for free.

Beyond the expense, even if you retained counsel, the issue would languish on court for weeks, months, maybe even years.
None of that helps your baby.
So, please try negotiating with the people I noted above.
They are your first, bets hope, and your baby's, too!
 
You know... I understand what your going thru. This should be VERY easy for your child to go thru if your being a good parent. Children at this age will not understand they were being held back unless they hear you. Have you considered home schooling your child? I have always said when it comes to school it's a partnership between the parent and the school. If during her 1st year in K-1 did the teacher tell you your child was behind the rest of the kids? If so, did you start working with your child to help them progress? Now comes the question of paperwork.... When any of us have enrolled our children into school there was paperwork. When you put your child in school the 2nd year... did the paperwork state 1st grade? I too would be mad that I was lied to.... but also mad at myself for not keeping my child up to speed with the rest of the kids. You know..... Put your child in a private school maybe with less classmates they will excel.
 
You really need to get a handle on the childs capabilities. Pushing the child through school and getting credit for knowledge they have not retained is a very bad start. You need to back off and let the child learn the basics, before being promoted beyond its level of incompetence. Do you suggest the school should drill a hole in your childs head, insert a funnel and dump the info inside!!! It does not work that way. You don't need legal advice, you need a reality check.
 
Status
Not open for further replies.
Back
Top