Parental Advocacy

[CNA]

Given my own unfortunate set of circumstances in this regard and fighting extremely hard, knowledge is always power, I wanted to supply some information for parents that are very active in their children's lives during their educational career, how to be informed, how to advocate for your kids whether they are disabled or not.

If you're having issues with potential inappropriate conduct that you suspect of your child's teacher, here is a link that may get you started on how to check their backgrounds and if the problem is an ongoing issue. There's a few other parents I've been talking with that have reported to me conduct by the teacher inside the classroom and their wanting to know how to go about the most effective way of reporting it, substantiating your claims, and so forth.

If you're not getting any hits for a specific teacher, just type in the State abbreviation and it will bring up the list of teachers who have been disciplined in that state, although it is not an inclusive list. It doesn't give any outside links to articles. But if the teacher you are looking for is listed, you can then Google their name with variations of words such as discipline, sanctioned, reprimanded, etc., to try to pull up any articles relating to that specific teacher. You can also check your state's education website such as the Florida State Department of Education or California State Department of Education as some also make public any disciplinary action against the teachers that are credentialed in that state.

Sanctioned Teachers Search Engine

http://www.heraldtribune.com/article/20080223/NEWS/137999213

http://www.foxnews.com/story/0,2933,317893,00.html

Unfortunately, these aspects are under lock and key in many states and kept confidential which is complete and utter BS. These people are educating our kids in public schools. We have every right to know their backgrounds. This is also critical to know if you are embroiled in very contentious legal issues with the school district and/or the teachers and bringing up these teachers' histories. If there is an ongoing issue with disciplinary actions over an extended period of time against school staff members that are closely aligned with your own allegations, it'll help strengthen and substantiate any allegations, even more so if there are past issues that are against the teachers in the legal arena, not to mention checking their credentials and if they are even allowed to be teaching. It's not uncommon for teachers to not have the appropriate credentials to teach or have very little credentials to teach. The same is true with the school psychologists, although required in some if not all states to have at least a masters, there's many cases where they have only obtained their bachelors and the school hires them to be their psychologist in direct violation of the state's laws.

This is a rather interesting site for reasons I won't state now and the involvement here in regards to my own disputed matters with the school district: Recovery.gov is the U.S. government’s official website providing easy access to data

related to Recovery Act spending and allows for the reporting of potential fraud, waste, and abuse.

http://www.recovery.gov/Pages/TextView.aspx?data=stateSummaryAllRecipients&statecode=CA&title=California%20Top%20Funded%20Recipients

Edited December 3, 2009 by CNA

[CNA]

Since I started this thread on Parental Advocacy for kids in our school system and how to advocate successfully for them, I'm going to continue to add posts with information that may be helpful. A lot of the links I provide will be based on children receiving special education as these kids have more rights and control of their education, how it is implemented, what classrooms they are put in, choosing who their teachers are, and so forth, as compared to their nondisabled peers in general education. Although it is more difficult to advocate and fight for your kids in the general education arena, there are always ways around this and attempting to resolve disputes, issues, and so forth when it comes to your kids' education.

As we know, our educational system is corrupt on so many levels and what they do to these children and difficult to fight such a govermental agency but there are always ways to minimize the damage inflicted upon your kids. If you don't have the opportunity to home school your kids due to your having to work or whatever reason, this thread may prove beneficial for you to whatever degree in how to fight and advocate for them.

The SERR manual below is for California and Code Sections to the IDEA, Individuals with Disabilities Education Act, in regards to the education law in California. You can download the entire manual in a searchable PDF file. The manual is rather lengthy, over 500 pages, so the search feature is very beneficial and bringing up specific words that you may be looking for and so forth.

Special Education

Rights and Responsibilities (SERR)

http://www.disabilityrightsca.org/PUBS/504001SpecEdIndex.htm'>http://www.disabilityrightsca.org/PUBS/504001SpecEdIndex.htm

Disability Rights California

http://www.disabilityrightsca.org/

IDEA, Individuals with Disabilities Education Act

http://www.fape.org/idea/index.htm

In your state and if you are attending IEP, Individualized Education Program http://en.wikipedia.org/wiki/Individualized_Education_Program meetings for your child, by federal law, the school is required to give you a pamphlet of your rights as a parent. Always read this pamphlet to familiarize yourself with the rights that you do have that are outlined under the IDEA laws. If you question the handout they have given to you, go to the IDEA law website and search there. Sometimes the individual school, although required by law to give you the pamphlet of your rights, they sometimes will conveniently to their benefit leave out portions of your rights or will reword it in such a way that is deceptive.

One key factor is always, always, always, record the IEP meetings if at all possible. Notice of your intent to record the IEP meeting must be made aware to the District within 24 hours before the IEP meeting is to commence. To my understanding, there is no specific IDEA law regarding the parents' right to record the IEP meeting but typically it is outlined in your state laws as to whether or not it is allowed. This can be used as what is called the Best Evidence Rule in a Due Process hearing, as well as any potential appeals into the federal district court or civil arena and usually is the most damning against the School District of any potential wrongdoings because most people will completely forget that the meeting is being recorded and will say some of the most idiotic crap highlighting their incompetence or sometimes admitting to their own wrongdoing and the denial of an FAPE for the child.

"Many states have language in their special ed regulations about their policy on audio- and videotaping. Check your state’s regulation about recording. Schools cannot record meetings while prohibiting parents from recording." Wrightslaw

"The OSEP memo cites cases where courts have held that parents have a right to tape record their child’s IEP meeting." Wrightslaw

The link provided below is a blog entry on Wrightslaw website regarding tape recording the IEP meetings, inclusive of the excerpts above, and additional information and links provided therein. If your state regulations allow for tape recordings which shouldn't be a problem because federal courts have ruled that the parents' have the right, and if the school denies you your ability to tape record or will wholeheartedly object to it and will not proceed forward with any IEP meeting because of their fear, yes, their fear, and tries to state to you that it is forbidden, look through your rights, the policies and regulations in your state where it specifically states that the IEP meetings can be recorded and bring this to the School District's attention. They won't have a leg to stand on at this point and will have to allow for the recording. Schools are notorious for misrepresenting the law and facts to parents in order to prevent the parent from advocating for their child's rights. If you do tape record the IEP, this can be used in the lower court's jurisdiction as Best Evidence as well as in other legal arenas. But if possible, actual transcription of that IEP meeting will assist the Judge in making his ruling, although just handing them the tape will suffice.

http://www.wrightslaw.com/blog/?p=1654'>http://www.wrightslaw.com/blog/?p=1654

Wrightslaw Special Education

http://www.wrightslaw.com/

Edited December 3, 2009 by CNA

[CNA]

Wrightslaw online newsletter subscription page -- it is free.

http://www.wrightslaw.com/subscribe.htm

They will send you very useful information regarding the IDEA laws, recent court decisions, changes in law, resources, and so forth.

[CNA]

I have been in preparation for our upcoming case, and waiting for 2 motions of ours to be ruled on, as I am doing more and more research, pulling all the evidence together that we have, I ran across this and am quickly cutting and pasting areas that would be of possible importance for anyone that has a disabled child. I know there are a few here on this forum that have autistic kids. I am posting this because this aspect is very important. I have posted in other areas of the forum about the dangers of restraint and seclusion that they allow in public school systems. BUT you can prevent this to an extent and putting everyone that is involved in your child's education on notice. After this letter is submitted to them, and if the school does it, not only is it a violation of law, but it is also a breach of contract. Unfortunately this form of punishment is used quite often in our school systems...not only is it used on special needs kids but on the general education population as well unfortunately.

In the sample letter below, also make sure someone from the school or district signs it so there is acknowledgement that they have received it (always leave a paper trail), and potentially have another witness sign as well that is involved with your child's education and ensure that this is included in their school files as well as a copy for you. Hell, bring it to the IEP and present it to everyone there and have it signed there. Also, if your child has asthma, include this as well, and state that such restraints, especially a prone containment/restraint and/or supine containment/restraint, poses a very very serious risk of death to your child and that this type of restraint, etc., is forbidden. Outline any conditions the child may have, medically, etc. Also you can outline what needs to be done before the very thought of restraining your child can be done if there is an emergency as can be done in some school's without the parents consent behforehand; such as, the school staff immediately calling the parent(s) to come to the school before such a method is utilized. Also, if the child is acting in such a way that his behavior is extreme to the point they may use a restraint, obviously the child is not in the appropriate environment and is not being offered an FAPE.

I have altered to an extent the format of this letter to also include containment. Containment and restraint are two different forms of this method, neither should be used. I also added a signature line at the bottom for school personnel to sign. You don't want them to come back and say, well, we never recieved this. If they attempt that BS line which is typical, you can quickly fire back with, well, I have a copy right here and it has 3 school staff members' names, signatures, and dates; such as, one being the director of special education services, one of the teacher and one of the aide or what have you. I would also suggest renewing and presenting this form every year to your child's school and throughout their educational career. Although changes have been made, I'll also provide the link of the sample letter below. There are many samples out there but it is just to give you an idea. You can create any type of letter you wish that fits your child's unique needs.

You can find the original here: http://www.bridges4kids.org/IEP/NoRestraintLetter.html#top

NO RESTRAINT LETTER

Drafted by Calvin and Tricia Luker of the Respect ABILITY Law Center (248) 544-7223

PARENTS NAME

ADDRESS

CITY, STATE ZIP CODE

TELEPHONE NUMBER

Date

(Name of Special Education Director)

(Name of School District)

(Address of School)

Re: child’s name and birth date (DOB 8-11-75)

Dear (Name of Special Education Director):

My child, [insert child’s name], is a ________ grade student at ______ school. [insert child’s name] has autism and has been receiving special education services since s/he started school.

We are concerned that [insert child’s name] behavior challenges now are being or might be addressed in part through the use of physical management and containment/restraint. I have NOT authorized and WILL NOT consent to any activity that involves physically or mechanically containing/restraining my child while at school or going to and from school. I know that special education law requires the use of functional assessments of behavior and positive behavior support plans to address behavior challenges. If the school feels [insert child’s name] behavior is such that physical management or containments/restraints are being considered or used, it is obvious to me that we need to follow the law, do the assessment and develop a positive behavior support plan.

I am sure you are aware of the number of news reports in recent years highlighting the death of children with autism during or after having been physically managed or contained/restrained. Given that special education law requires the development of behavior plans, and given the known risks to children – and to [insert child’s name] – of the use of containment/restraint, I need for you to be clear that I will weigh all legal options if containment/restraint activities will be used or have been used against [insert child’s name] are not terminated immediately.

You may consider this letter a request to convene a behavior support team meeting to discuss [insert child’s name] behavior and possible approaches to address his/her particular needs. You also may consider this letter my request and consent for the performance of a functional assessment of behavior across environments and across time, provided that I am informed in advance and my consent is given and that the functional assessment of behavior is going to be conducted and I am permitted to participate in the development and implementation of the assessment.

I want to work with you and with [insert child’s name] teachers and professionals at _____ school to be sure that [insert child’s name] learns to develop positive behavioral skills in an environment that is safe for him/her, for his/her peers and for school personnel. I am certain that you also share my concern for student safety where physical intervention has the potential to result in the student’s death. I, like you, want my child’s school to be a safe and secure environment where all students can learn. I want to work with you to help create that environment for [insert child’s name.]

Sincerely,

(Your name)

(Your address)

(Your telephone number)

___________________________ __________________________ ___________________________

Signature Date Signature Date Signature Date

cc: [insert child's name] special education file and cumme file

cc: (insert names of school personnel who are receiving copies)

Edited December 3, 2009 by CNA

[CNA]

I have been in preparation for our upcoming case, and waiting for 2 motions of ours to be ruled on, as I am doing more and more research, pulling all the evidence together that we have, I ran across this and am quickly cutting and pasting areas that would be of possible importance for anyone that has a disabled child. I know there are a few here on this forum that have autistic kids. I am posting this in the utmost importance. I have posted in other areas of the forum about the dangers of restraint and seclusion that they allow in public school systems. BUT you can prevent this to an extent. And if it is done, not only is it a violation of law, but it is also a breach of contract. Unfortunately this form of punishment is used quite often in our school systems...not only is it used on special needs kids but on the general education population as well unfortunately.

In the sample letter below, also make sure someone from the school or district signs it so there is acknowledgement that they have received (always leave a paper trail), and potentially have another witness sign as well that is involved with your child's education and ensure that this is included in their school file as well as a copy for you. Hell, bring it to the IEP and present it to everyone there and have it signed there. Also, if your child has asthma, include this as well, and state that such restraints, especially a prone containment/restraint and supine containment/restraint, poses a serious risk of death to your child and that it is forbidden. Also you can outline what needs to be done before the very thought of restraining your child can be done if there is an emergency; such as, the school staff immediately calling the parent(s) to come to the school before such a method is utilized. Also, if the child is acting in such a way that his behavior is extreme to the point they may use a restraint, obviously the child is not in the appropriate environment and is not being offered an FAPE.

I have altered to an extent the format of this letter to also include containment. Containment and restraint are two different forms of restraint, neither should be used. I also added a signature line at the bottom for school personnel to sign. You don't want them to come back and say, well, we never recieved this. If they attempt that BS line which is typical, you can quickly fire back with, well, I have a copy here and it has 3 school staff members' names, signatures, and dates, one being the director of special education services, one of the teacher and one of the aide or what have you. I would also suggest renewing and presenting this form every year to your child's school and throughout their educational career. Although changes have been made, I'll also provide the link of the sample letter below. And it is just to give you an idea. You can create any type of letter you wish that fits your child's unique needs.

You can find the original here: http://www.bridges4kids.org/IEP/NoRestraintLetter.html#top

NO RESTRAINT LETTER

Drafted by Calvin and Tricia Luker of the Respect ABILITY Law Center (248) 544-7223

PARENTS NAME

ADDRESS

CITY, STATE ZIP CODE

TELEPHONE NUMBER

Date

(Name of Special Education Director)

(Name of School District)

(Address of School)

Re: child’s name and birth date (DOB 8-11-75)

Dear (Name of Special Education Director):

My child, [insert child’s name], is a ________ grade student at ______ school. [insert child’s name] has autism and has been receiving special education services since s/he started school.

We are concerned that [insert child’s name] behavior challenges now are being or might be addressed in part through the use of physical management and containment/restraint. I have NOT authorized and WILL NOT consent to any activity that involves physically or mechanically containing/restraining my child while at school or going to and from school. I know that special education law requires the use of functional assessments of behavior and positive behavior support plans to address behavior challenges. If the school feels [insert child’s name] behavior is such that physical management or containments/restraints are being considered or used, it is obvious to me that we need to follow the law, do the assessment and develop a positive behavior support plan.

I am sure you are aware of the number of news reports in recent years highlighting the death of children with autism during or after having been physically managed or contained/restrained. Given that special education law requires the development of behavior plans, and given the known risks to children – and to [insert child’s name] – of the use of containment/restraint, I need for you to be clear that I will weigh all legal options if containment/restraint activities will be used or have been used against [insert child’s name] are not terminated immediately.

You may consider this letter a request to convene a behavior support team meeting to discuss [insert child’s name] behavior and possible approaches to address his/her particular needs. You also may consider this letter my request and consent for the performance of a functional assessment of behavior across environments and across time, provided that I am informed in advance and my consent is given and that the functional assessment of behavior is going to be conducted and I am permitted to participate in the development and implementation of the assessment.

I want to work with you and with [insert child’s name] teachers and professionals at _____ school to be sure that [insert child’s name] learns to develop positive behavioral skills in an environment that is safe for him/her, for his/her peers and for school personnel. I am certain that you also share my concern for student safety where physical intervention has the potential to result in the student’s death. I, like you, want my child’s school to be a safe and secure environment where all students can learn. I want to work with you to help create that environment for [insert child’s name.]

Sincerely,

(Your name)

(Your address)

(Your telephone number)

_____________________________ ________________________

Signature Date Title/Position

_____________________________ _________________________

Signature Date Title/Position

_____________________________ _________________________

Signature Date Title/Position

cc: [insert child's name] special education file and cumme file

cc: (insert names of school personnel who are receiving copies)

Edited December 4, 2009 by CNA

[Selene]

Angie is correct.

Anyone else who deals with this system, mark the record, e-mail, signing for the letter, always get whoever delivers the letter to give you an generic affidavit of service.

You can use the generic Federal affirmation:

I affirm, under the penalty of perjury,

Paper trails are critical. Also, if you have a case in a civil court, go to the county clerk's office and have the "record" certified. It might go by another name, for example, in most counties in New York it is a "minutes of inquiry".

The reason that you do this is to have a procedural "snapshot" of the precise documents that are in the file as of that date. It becomes much more difficult to "miraculously" "find" a document and stick it in the record.

Adam

[CNA]

Well, hell, can't get rid of the duplicative post up above. Been here so long and still a complete newbie at this whole thing. Oi. The second posting regarding the letter is the one that I wanted posted and there have been a few changes made between the two postings.

Adam,

Exactly right. That's one of the means on how we nailed them with ours and my persistence. I'm glad I had enough foresight and making sure everything was documented through emails from day one and starting from Jan 22, 2009. The paper trail we have is immense, not to mention their own records of a lot of wrong doing that they didn't take out of his school file before handing copies of his school records over to us. They screwed themselves royally there. But most definitely, always leave a paper trail. If not, it then becomes a he said, she said deal. If you copy numerous people in the school in your emails, one can't say, well, I never received it. If necessary, forward those emails to other school district personnel. It is going to be highly unlikely that ALL recipients in that email didn't receive it and claim, well, the 8 people that that email was sent to was never received by any of them. Whatever.

Also, anything that you have written to the school, even just to the teacher, under IDEA laws is to be kept in his school files. When you make the records request and if these emails are missing or letters are missing, it now becomes a compliance complaint issue with the State Department of Education.

Edited December 4, 2009 by CNA