Deviation from IEP

[special mom]

What is the name of your state? MD
My daughter is 6yo and going into the 1st grade. She has multiple disabilities listed as the diagnosis on the IEP. Last year, the IEP team decided that she would be best served in "a highly structured learning environment". So we all agreed and signed the IEP with the intention she would be placed in a small class setting with no more than 5 other children, a 1-1 paraprofessional and a special education teacher for the majority of the her day. Yesterday when I took her to meet her teacher and see the classroom, (they called and asked us to come in a day early so there wouldn't be any distractions) I was informed that they decided to mainstream her and did away with the small class setting. Keep in mind that this an accommodation in the current IEP, so now she'll be in a regular 1st grade class and this was decided last year not to be the appropriate placement for her. I was told the school board made the decision because of funding for an extra teacher and that our county has accepted a grant for inclusion so ALL children MUST be mainstreamed. We did this last year for Kindergarten and it was a disaster. My question is this, can they do this? I've left messages for our advocate but everyone is on vacation and school starts tomorrow. If she begins the school year like this, is that consent for the future placement? Thank you for any help.What is the name of your state?

 

[lealea1005]

hi...in MD the original IEP for a small learning environment cannot be changed. services noted on the IEP must be provided.

if they want to change your daughter's IEP there must be another meeting and the changes must be noted, agreed to and signed by all involved.

lack of funding is not an excuse to mainstream a special needs child.

good luck!

 

[lealea1005]

p.s......i'm hoping you did not sign anything when you went to meet her teacher and that "meeting" wasn't what they may consider an addendum to the original IEP.

 

[special mom]

reply from special mom

Thank you for your quick response. I didn't sign anything, they didn't ask, just told me that the plans had changed. I'm hoping to hear from our advocate soon, he's on vacation until the 31st. In the meantime I've called someone else in hopes of resolving this quickly. The school isn't budging on their stand even though I pointed out that it's not what is in her IEP and that I wasn't satisfied with this placement. They just said, give it some time, I think you'll be surprised at how well it's going to work. It seems to me that they aren't going to listen to just me and I need to bring in someone to whom they will listen. Thank you for your advice, I'll let you know how we fair.

 

[LegalStranger]

special mom do you have your PM on? Iwould like to talk to you.

 

[rmet4nzkx]

There has been a strong movement to discount develomental disabilities and to mainstream children with disabilities against the wishes of their families and providers. With your daughter's diagnosis, there is no way she should be thrown into a regular class without sufficiant notice or due process. Does the school provide a 1:1 aide while she is in school? are there other schools in nearby districts that can provide for her educational needs? Have you looked into some of the specialized schools? Perhaps ones for autism?
www.disabilityresources.org/MARYLAND.html or Kennedy Krieger Institute: Developmental Disability www.kennedykrieger.org/kki_diag.jsp?pid=1080
Maryland Developmental Disabilities Council (www.md-council.org) ...

 

[LegalStranger]

The OP NEVER said her child was diagnosed with autism!

 

[LegalStranger]

OP,
The school is in complete violation of IDEA2004! Your child has a right to a FAPE! (free and appropriate education) Consult a special education lawyer immediately! You definately have a very strong case against the school district.

 

[rmet4nzkx]

The OP NEVER said her child was diagnosed with autism!

https://forum.freeadvice.com/newreply.php?do=newreply&p=1451191

To answer all the questions, . . . .. In regard to my daughter's condition, she has a mass in her left frontal lobe that is believed to be causing a serious seizure disorder. She also has Apraxia of speech, hypotonia, ADHD and the doctors say, but I don't believe, mental retardation. She is a bright beautiful girl who happens to need round the clock care. She is 6 years old, has been in speech, OT and PT since age 18 months, is on medication for the seizures and the ADHD. Unfortunately, the seizure activity is increasing and we don't know why. We don't know what the mass is, but are monitoring it by MRI. It is in the center of her brain and the doctors at John's Hopkins and University of MD Medical Center feel that it is inoperable at this time. If it grows, then we'll go on the assumption of glioma (cancer) and if not, we're thinking damage from previous seizures. . . . . . I spend every dime on her care and am going into debt to pay for her medications and care so I don't have any extra for an investigator. Do you think it will make any difference?

Excuse me, I never said the child had Autism, but schools that educate children with Autism are also equiped to treat students with OP's child's needs and there are some excellent ones in MD. What are your credentials to suggest otherwise?

 

[LegalStranger]

To imply to someone that there child may be better served at a school for autism is ridiculous, when the child has no diagnosis. As far as my crudentials go let's say I KNOW SPECIAL EDUCATION LAW period. What are your crudentials?

 

[rmet4nzkx]

To imply to someone that there child may be better served at a school for autism is ridiculous, when the child has no diagnosis. As far as my crudentials go let's say I KNOW SPECIAL EDUCATION LAW period. What are your crudentials?

Doctorate in field of Neuroscience, expert witness developmental disabilities, decades as advocate for disabled community...
What are your credentials?

 

[LegalStranger]

remet4, if you would like to discuss my crudentials then feel free to PM, however I do not feel that highjacking this thread is the appropriate place to do so.

 

[rmet4nzkx]

remet4, if you would like to discuss my crudentials then feel free to PM, however I do not feel that highjacking this thread is the appropriate place to do so.

I didn't hijack the thread I mearly challenged your basis for questioning my professional opinion. I do not wish to debate this issue via PM or your reasons for discounting very appropriate referals to OP based on questions I asked her on her other thread. You have answered my question by your avoidance, you have no credentials.

 

[lealea1005]

OP...I am a mom of a high achieving special need child. At the time she was in school I was also one of the school nurses working with special needs children in our county. DO NOT allow them to sweet talk you into "how well it will work" if she's mainstreamed. Once she is functioning (regardless of how well) in a regular classroom, it will be next to impossible to get her accommodations again. Also, do not allow them to talk you into changing her IEP to a 504 plan, which requires a physical disability.

I was constantly on the school's doorstep and was lucky enough to have a teacher that advocated for my daughter.

This is a case where I would advise you to get an education lawyer as LegalStranger suggested.

Please feel free to PM me if you'd like. I'd be more than happy to share my experience and depending upon which county in Maryland you may be talking about, I may be able to help.

again...good luck

 

[special mom]

Message from Special Mom

Thank you everyone for all your help. I know that what the school is doing is illegal, I'm currently waiting for calls to be returned from advocates. I went ahead and sent her to school today. She was so excited to go I just couldn't say no, but I've made it clear that my sending her today is not consent to her placement and since I've not signed anything and made it clear to them, I don't think this will be able to be used against us. Who knows how long it will take to straighten this out and I don't want her missing her therapies until then. Also, I called her neurologist who is at this moment drafting a letter stating that due to her medical condition she needs a smaller group environment to minimize her exposure to illnesses which lower her seizure threshold and can be lifethreatening. Again, thank you. This site has been invaluable to us. If any one else has any other advice for us, the PM is on, and I'll write again when we hear something.