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This page has now gotten so large we've had to split this
into 2 pages.
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Color Codes
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| Flaky
Excuses and Outrageous statements Made by Educrats |
Comments From The
Outraged |
What
IDEA's Implementing Regulations Tell Us |
- In my IEP meeting, the learning consultant
actually told me that my son couldn't attend a specific out of district
placement because the school bus driver didn't like to drive on the particular
highway on which it was located....
Time and time again OSEP has
issued policy guidance and hearing officers have ruled that "placement
decisions must be made on an individual basis... placement decisions may not
be based on category of disability, the configuration of the delivery
system, the availability of educational or related services, availability of
space, or administrative convenience." Bus Drivers' Preferences, while not
specifically mentioned, just doesn't seem to fit into the criteria for
placement decisions. I'm beginning to believe, judging from the many
outrageous statements I receive, that the IDEA they follow isn't the same
one as what I have access to.
- A parent brought me the IEP the school district
was proposing for her child. The proposed IEP had ONE goal. Child will learn
how to keyboard. This is because of messy handwriting. The parents want
pragmatic language skills, test taking skills and writing skills taught.
The mom wrote down the response, she was so flabbergasted. It was, "we don't
have to teach test taking skills. The new law says we only have to accommodate
them." The parents had the presence of mind to ask for that "law" in writing
and to table the meeting until they got the progress reports on the current
IEP.
- At our IEP meeting this
week, the LEA arrived halfway through the meeting,
left twice to take phone calls, and took a call on
his walkie talkie asking whether a student could
bring their pet poodle to school!
- While working to ensure that the audio portion of
videos shown in her deaf son's classroom were provided in a format her child
could have access to, the teacher involved used the excuse, "I have 30
kids in a classroom, it is hard to make adaptations."
- Give me a break! I doubt OSEP, OCR, any hearing officer, or
any court in the country would accept that as an excuse. Nowhere in the
IDEA or ADA do I see class size as an excuse for not providing needed services.
For further discussion on the requirements for effective communication,
please see chapter 7 of :
- Compliance
with the Americans with Disabilities Act:
A Self-Evaluation Guide for Public Elementary and Secondary
Schools
Office for Civil Rights Department of Education
United States of America
- When asking our local school
how they would handle our son's education...he is deaf, and was transferring
out of a deaf school into a public school, they told me...We don't know of any
interpreters so he will have to "wing it" in his
classes. And we are still fighting them today.
- How about we put this person
in a classroom being taught in a language he didn't understand and then tell
them to just "wing it"? It never ceases to amaze me that just because
someone knows one language, they think everybody else does.
- Parents of child in my child's special ed room
requested I attend their son's IEP meeting yesterday--which I did. The special
ed classroom has a button making business and as of late have been making
buttons that say "Proud to be an American" and selling them and supposedly
proceeds are to go to aid NY victims. They also make all sports buttons, etc.
Father during the meeting brought up concern about special ed students
spending too much time making buttons (this is not an all school project) and
that it was taking time away from son's learning. Various local organizations
have donated money to defray cost. Special ed teachers reply was that their
button business is used to gain extra money for field trips, computer
printers, or needs in classroom. Am I crazy or is this a no, no? I am curious
how SD can justify button business when it clearly has gone beyond
educational/vocational training and becoming an all day business to keep up
with orders. Further, am I crazy or isn't that what state and federal funds
are for--to provide the funding for special education to meet the children's
needs.
- Since when are the kids supposed to fund
educational needs? Sort of takes the F out of FAPE. It appears to take out
the APE too. What's left???? Teacher doesn't have to spend any time planning
either.
- My son is nine years old and deaf and in the 4th
grade. He is still doing math problems like 4 -1 = 3 and reading things like
"See, the balloon is blue." Their excuse is that well he will
always be behind the normal children and that he'll never read as well as
the normal child (Do they think he's an alien from space?). I'm
thinking..."He is deaf, but he still had a brain the last time I
checked!" At home I am trying desperately to get him worked up to his
grade level. And I always tell him that he can do anything. He replies,
"I know." Why must educators just take it upon themselves to say a
child will never be able to do a certain thing? Why do they think they have
the right? -A frustrated mother
- Once at a 504 meeting that was being implemented
before my son got his IEP. The school psychologist and I were going over the
accommodations/modifications my son would need for his APD. When I asked for
the school to reduce the amount of extraneous noise, provide copied of lecture
notes and many more. I was told by the school psych now lets not go overboard
here many of these things could apply to his disability. I was like DUH then
why not provide them!
- This comes from a special friend of mine:
- They are particularly lacking in training here! They pointed out
to me that I had the audacity to request an IEP BEFORE the
placement decision was made. What an awful Mother I must
be!!
- From
OSEP's
Guidance Letter re: Deaf Students Education Services:
"The decision as to what placement will provide FAPE for
an individual deaf child � which includes a determination as
to the LRE in which appropriate services can be made available
to the child � must be made only after a full and complete
IEP has been developed that addresses the full range of the
child's needs."
- The SLP at my sons' last school gave my son the TACL (Test of
Auditory Comprehension) while he was......wait for it......UNAIDED!
My PROFOUNDLY deaf son, and then dutifully listed the fact that he
had failed, in her report.
- When I asked that IEP services be implemented, the TOD
gleefully pointed out that the word "MAY" was in the IEP
(and indeed to my absolute DISGUST, it WAS) and that the district
didn't need to provide those services after all. (Currently
waiting for new IEP mtg. date to be announced).
- When OT and PT goals were being written, OT proudly pointed
out to admin. team members that all goals are specifically geared
towards classroom only and don't take into account any life
skills.
- School provided keyboard to said child because of major fine
motor delays but unfortunately, there was NO computer to hook said
keyboard to FOR FOUR MONTHS; now that they have the computer, the
TOD decided, by herself, that it is not helping, therefore it is
not used!
- And the list goes on! I could fill UP the That's
Outrageous page!!!
- This mother's tale continues....
- About two weeks ago, I am at
my son's school picking him up. This school is where the District INSISTED he
go because he needs SO many services that it would be impossible for them to
place him at his home school. (YEAH RIGHT!) Anyway, there I am 10 miles from
home, enjoying the clean CO sunshine, (it WAS a beautiful day) when the
Principal walks up to me and says "Oh, by the way, according to your sons'
IEP, he doesn't need the same level of services anymore and will be attending
his home school next year. SO, if you want your son to attend this school next
year, you will have to fill out an Open Enrollment form, and of course, you
know, this doesn't guarantee placement here for him." Now, shoot me if I'm
wrong, BUT, doesn't the IEP Team have to meet (of which I could swear I am an
integral part) and THEN the TEAM decides placement based ! ON THE IEP, AND for
the District to CHANGE placement, it must be done through the IEP PROCESS?!?!?
But, hell, what would I know, I'm only his mother!
- I advocated at an IEP
meeting today where the SLP actually said it was against district policy
to tell parents the progress the students were making on the IEP goals. Actually this may be a candidate
for most stupid thing ever said at an IEP meeting. Anyway, I did ask for
this policy in writing and mentioned that it seemed to conflict with
federal law. She said she often wanted to write more on the progress
reports but was constrained by doing so by district policy.
- �300.347
of the Implementing Regulations for the IDEA state:
- (a) General. The IEP for each child with
a disability must include�
- 7) A statement of -
- (i) How the child's progress toward the
annual goals described in paragraph (a)(2) of this section will be
measured; and
- (ii) How the child's parents will be
regularly informed (through such means as periodic report cards), at
least as often as parents are informed of their nondisabled
children's progress, of -
- (A) Their child's progress toward the
annual goals; and
- (B) The extent to which that progress is
sufficient to enable the child to achieve the goals by the end of
the year.
- I called the State
Dept. of Sped to enquire to whom should I address a Fed. Complaint. Said
Dept. of Sped gave my name and phone no. to a mediator and I suddenly
found myself in the middle of mediation phone calls. HUH? Said mediator, when I was trying to explain
various reasons why I did not want mediation (she didn't want to take no
for an answer) told me that I didn't really need a lawyer present (school
district was bringing one) as it was obvious that I was capable of a
higher level of thinking and that made a lawyer, for me, redundant! (But,
obviously, the School District still needed THEIRS!)
- That the parent's level of
thinking is at a higher level than that of district personnel is merely a
statement of that which is manifestly obvious, and indicative of the norm.
However, if the parent did not bring an attorney to the mediation, which
was initiated without the parent's knowledge or consent, in an attempt to
abrogate her statutory right to file a complaint, she would not be able to
sock the district for the cost of said attorney, after she beats the
stuffing out of those mendacious cretins. Such is unfortunately necessary
in order to teach them a lesson, since the only language they understand
is the language of Green.
- Here is an exchange that occurred at an IEP
review one of my son's teachers had requested:
- Teacher: I'm concerned about your son. After
we drew up the last IEP, he seemed to be doing well in class. For the last
4-5 weeks though, I haven't been able to get him to pay attention in
class. I have to go up to him and tap him on the shoulder to get him to
attend to what I'm saying, but within a few minutes of instruction time,
his mind has wandered off again and he has no idea what I'm talking about
in class. I think we need to look at whether this IEP is truly appropriate
for your son.
- Me: Hmmmm......Did the timing of when this
started happening in class correspond to about the same time when you accidentally
flushed the transmitter for his FM system, which hasn't come back from
repairs yet ?
- Teacher: You're right! I never thought of
that. I guess the thing to do then would be to get that FM system back and
start using it again.
- It was all I could do to keep from
shouting out, "Duh!" at the end of this exchange.
- At an IEP meeting for my 5 year
old daughter I inquired about adding a ramp to the playground equipment.
Here are some of the many reasons that were given me for NOT doing
it.
- "If she could get her walker up on the equipment
the other children would have a hard time running around her"
- "If we built a ramp then neighborhood
children might ride their bikes up here, get hurt and we would be
sued"
- "Walking up that ramp would just make
her too tired to walk back into school"
- And my favorite.... "I
don't know how we would put a ramp on the equipment without making the
playground look strange"
- All documented in the IEP! Eventually we got
the ramp and the special ed director called me at home over the summer to
tell me exactly how much the school system had to spend so that my
daughter could play with other children...dramatic pauses and all.
- I think the one about her being too
tired to walk back to school is my favorite. The school expected her to do what, just stand
there and watch all of the other kids have a great time? I would think
that playing with kids would be beneficial to your daughter, in more ways
than one. I'm glad you stuck to your guns and got the ramp. Special needs
kids already feel different enough from their peers. Most of them just
want to be normal. Anything we can do to help them do things their peers
are able to do can't help but be a big plus. Sometimes I think the best
thing that could happen is if these folks had to spend a day in our
child's situation. Let them see what it feels like!
- I got several rather startling statements on
tape:
- Asst. Principal: "Yes, I realize we haven't done an evaluation, but I really think it was your OLD
school's responsibility to do that."
-
TOD: "We don't have to do an evaluation for specific learning
disability because your daughter already has a primary disability.
Deafness."
-
SLP: "Now that we all understand what the district's
philosophy is, we need to go ahead and write an IEP based on that philosophy."
-
TOD: "You guys don't have the only disabled child in this district.
We can only do so much, and that's why we have TC. I mean, I don't understand
why you don't think your daughter should sign. Can you explain that to me?"
-
Asst. Principal: "Sir, have you thought about hiring a tutor for your daughter?
Isn't your aunt retiring this year? I think she could be a tremendous help to your
daughter."
-
Asst. Principal: "You say your daughter is at a 7.6 grade level now.
Well, what if she regresses over the summer? Where will that leave us?
You two need to work really hard this summer to maintain her skills.
LD kids
often suffer regression."
-
And finally...........from the TOD......"I wish we could afford to place every child
where they really need to be. But we can't."
- This one is almost too easy!
- We just a received a note that our
child's IEP was up for review and as we had been to the last one there was no real need
for us to be there.
- Yea right...did you roll on the
floor laughing?!?!?!?!?
- The author of Who Pays for Audiograms Used in Schools? reports
receiving an e-mail from a teacher with a yahoo.com address, who told her that what
she wrote doesn't apply in HER county, because in HER county, parents have the
responsibility to provide the audiograms.
- These people JUST DO NOT GET IT! And
what is the scariest of all, is they are teaching OUR KIDS!!
- Oh, I understand now!! HER county is
not part of the United States and therefore not subject to FEDERAL LAW!!
That's the
only reasonable explanation.
- If they are not subject to Federal Law, then
they are not eligible for any federal funds. They should cough up everything they've
been getting and refund it to the taxpayers, with interest!
- The school contracted with a
stuttering specialist, but since nothing was working they stopped paying the bills.
- Can we stop paying our school taxes since
nothing they do seems to be working very well?
- Objective, under the goal of
personal independence: "Johnny will independently cross the street safely, 50% of the time."
- And what about the other 50% of the time?
- I am going to request our daughter get either
auditory/verbal therapy and / or aural rehabilitation. At our meeting last month,
the sped dir. said she had never heard of these so she didn't think the district should
have to pay for them.
- Oh, this is RICH! I can see it now,
"Well, your honor, the District feels we should not have to pay for this.
Since
I have never heard of this stuff, it cannot possibly be appropriate. Yes, your
honor, 'appropriate' is defined as stuff I know about, and feel my budget can afford.
- These aren't from Educrats, but I think they
deserve a place on this page anyway. The following are two Supreme Court rulings released
on the same day.
- "Employers who did not know
their supervisors were sexually harassing employees still can be held legally responsible
for such misconduct."
- "School districts are not liable when teachers sexually
harass or abuse students unless some administrator knew about the misconduct."
- Does this mean that teachers are
not employees of the school districts in which they work? Or does it mean that teachers do
not supervise students? Or does it mean that the Supremes are again granting school
districts "most favored entity status," consistent with its ruling that
teachers, unlike other professionals, cannot be sued for malpractice, thus supporting and
perpetuating the notion that school districts are not subject to the laws established for
the rest of the nation?
- I was told repeatedly that it was against the
regs for our daughter to have any other problems because of her hearing problem.
(Unless of course she was blind or motor impaired.)
- I think these educrats forgot to send God a
memo about their regulations.
- "Let's not put that in the IEP because then
we're required to provide it. If we leave it out, then it's optional whether we provide
the service or not."
- Well, they are half right.
- Testing this year was done with tests normed on
hearing-impaired children. Based on test results, our child may no longer qualify for
services since he no longer scores 2 deviations below "standard".
- Since when does qualification for services
depend on testing normed on those with the handicap? We are talking apples and oranges.
If they want to know his ability to benefit from regular education, then they have
to use testing normed on the general population! See our document Educational
Evaluation of Deaf Children.
- Occupational therapy and physical therapy denied
(our child cannot use the left hand very well as a result of partial paralysis). Reason:
Our child does not need the left hand for educational purposes. Gross motor problems could
not be seen by the school PT, since our child did not have any problems on the swing and
on the see-saw, in addition our child was able to walk!!!, jump and run. Coordination
needed for going down the stairs or dribbling a ball while walking are not considered
needed for educational purposes. Doctor's certificates and PT eval disrespected.
- This is in the realm of the absurd. Did you
request an independent evaluation at the school's expense? I mean really, can you see them
trying to sell these flaky excuses to a hearing officer or a federal judge? I really am
convinced the sped administrator school (The Little Hitler School of Administration and
Management, dontcha know) offers intro, intermediate and advanced courses in "Flaky
Excuses." All this absurdity IS on tape and well documented, I trust.
- They told me they don't have to provide an
interpreter all the time because my child has "other issues" besides deafness.
- Is he deaf only part of the time because of
his "other issues", or all the time? If he's deaf all the time, that's when he
should have an interpreter.
- How do they
figure out which hours of the day your child is experiencing deafness and which hours of
the day he is experiencing his "other issues"? What if you promise that he
has his "other issues" at home and will be deaf 100% of the time he is at
school?
- When offering justification for wanting to
send my son to a "cluster" site instead of allowing him to stay in his
home based
school, she told me they wanted to put him with other deaf children to "enhance his
lip-reading ability!"
- Didn't you know - speech reading is
contagious!!
- "What the parents are asking for is an
impermissible maximization of services."
- Silly us, we thought it would be a novel idea for
the interpreter to
communicate in our son's language.
- I had a principal "refuse" to authorize
his staff to attend another IEP meeting. I laughed out loud for that one!...not very
lawyerly of
me I suppose! And he said it on tape!
- When a SPED Director was trying to convince the
parents of a 2nd grader that retention was needed, she commented that "he was so
immature that he (child) doesn't have all his teeth yet"
- The father replied, "is that why reading is
so 'tough' for him?"
- When a parent inquired about whether the IDEA
Amendments were in effect, a SPED Director replied, "they haven't been grandfathered
in yet".
- Sometimes I wonder where Educrats get their
training.
- We are at this meeting and the sped director
says, "Geez, why are you picking on us, we aren't the only school district which
isn't
providing ESY. There are 400 other ones that aren't either."
- Having anticipated this not-so-clever comment, I
said, "You know, I thought you might say that. And let me tell you why I am picking
on this particular district on ESY. There are really three reasons. First, my client
happens to live in this one. Second, you happen to be a well-known sped director and
whatever you do will certainly "get around." And third, I've calculated it out
and in my lifetime I could never get to all of the other 400 districts even if I work
night and day so I've decided just to focus on one and then the others will probably have
to follow suit because they won't be able to say that all the other districts routinely
deny ESY because this one won't be doing that anymore, will it?" You know he's never
used this reason again with me.
- Your list of accommodations prevents the
teachers eliminating your son's ADHD.
- Now if they can do that, I'd like to market their
talent.
- "We can't let him have a water bottle,
they're not allowed in case they bring vodka in them."
- Are we talking about the kids or the teachers
here?
- "ALL Middle School kids have social
skills problems. They just learn by watching their peers."
- So THIS is what our kids are learning in school?
- "During the Adaptive PE evaluation he
was worn out after 15-20 minutes. I will be seeing him twice a week for 50 minutes a
session."
- Sounds like this one needs a basic lesson in
math. Maybe working up to 50 minutes a session...but to start out with 50 minutes?
- "We don't have anyone who can do
that."
- Then they better get somebody. This is no excuse!
- "We don't have any place he can go. We
have a space problem here."
- Same applies, it's no excuse. If it's needed for
the child to receive FAPE, they have to find the space.
- "Can the parents do that? Insist on
staff training for the disorders?"
- This one should be a "no brainer". We
shouldn't have to insist upon it though. It should be the school's responsibility.
- "He doesn't really have to learn
cursive. All he needs to do is learn how to sign his name."
- Then why do the kids in regular ed have to learn
it?
- When a parent of a sped child asked for him
to be placed in a class with his typical peers, the IEP team coordinator stated, "But
then we would have to place him in a class that had all Down syndrome kids in it. Those
are HIS typical peers."
- This is certainly a creative interpretation of
the IDEA.
- Although the school district and
director of special education had verified the child's disability and entitlement to
receive special education services under IDEA, it was the school district's position
(prior to hearing anyway) that they would not provide the child with an interpreter until
the child "stopped using her disability as a crutch to get attention from her teacher
and classmates".
- At the conclusion of the due
process hearing, the school district was ordered to provide the child with an
interpreter.
- At a meeting called to evaluate a child :
- Parent: You need to get your Dr. on staff/retainer to do some
medical testing.
- School: We don't have a Dr. on contract.
- Parent: Well, I am requesting an IEE (at which point the
parent showed them supporting documents in the CFR and the Fed. Regs.)
- School: Oh, we don't do that here.
- The parent was dumbfounded and asked them if
they still considered Florida to be part of the Union.
- My family does not
drink milk. Understanding that the school lunch program offered orange
juice as an alternative to milk, I sent my daughters for hot lunch that
day. They were told they could not have OJ because they did not have a
"note". When I called to ask about the "note", the
school administrator told me that they couldn't provide OJ to just anyone
because then "all the kids would want it" (ohmigosh...it
will be anarchy!!) and OJ is only available
to children who have a note from the family doctor stating they are
"SEVERELY lactose intolerant". So...I
guess mildly or moderately lactose intolerant is okay???
- PARENT WORKSHEET
� 1991
- HEALTHY KIDS: The Key to Basics
79 Elmore Street Newton, MA 02459-1137
(617) 965-9637
They put this together so that parents would know
what NOT to fall for and can prepare answers to many of the flaky excuses they may be
given.
- He looks fine to us. Why are you so worried?
-
How can you expect us to teach him if you load him up with medication all the time?
-
I'd like to but we don't have the staff (or it is against school policy,
the school nurse is here only one morning a week, there isn't any
precedent for it...)
-
No one else has ever complained about this (or asked for that....)
-
We've seen a lot of children with this problem. Don't worry.
-
We're not doing any worse that other schools.
-
If you didn't baby him so much he wouldn't be having his asthma problems.
-
The child is complaining just to get out of work.
-
Allergies are just an excuse.
-
The child is manipulating you with his asthma. Just leave him to us.
-
If she gets special treatment, the other children will resent her.
-
There are no provisions to watch a child who must stay inside at recess.
-
The school policy does not allow for administering medication.
-
If the child is well enough to come to school, she should be well enough to do everything
everyone else does. If she isn't up to it she should stay home.
-
If we make exceptions for her, we would have to make exceptions for
everyone.
-
We think the child should be weaned off medication.
-
We have so many children to be responsible for, we can't pay special
attention to yours.
-
You can't expect the school to take responsibility for his medicine. This isn't a
hospital.
-
All you mothers are overprotective.
-
It is too confusing. Our teachers are doing too much already.
-
My nephew has asthma and never has to take medication in school.
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