Special Education Law: What Every Parent Needs to Know - Information for Parents of ADD, ADHD Children

Written by HealthyPlace.com Staff Writer

junebotto: I live in NY state. My son was referred in Sept of 1998 and we did not have a Children with Special Education meeting until the following Sept. 1999. I would like the Special Department and the school to be penalized for this but according to my Esq. I have no recourse. Do you agree?

Pete Wright: It would all depend on very specific facts. Did you know of timeline being extended and not act on that. Courts uniformly say, one who sleeps on their rights, waives them. Or, in the alternative: what type of penalty were you thinking about? If the delay did not create harm, Courts say, no harm, no foul, thus it is very fact specific, and also, sometimes you may have a good claim, but to exercise it in the end may create damage to the child. And if your attorney handles special education law, then that person may be advising you based on the totality of the situation. What could you really recover has to be the real question.

David: And again, I think it's important to stress here, when something doesn't go the way we like, as a parent and an individual, we'd like to see some sort of punishment. However, I think what Pete and Pam are saying is, you are better off working within the system, than expending emotional and financial energy trying to fight it, if you can. Here are some more questions.

midwestmom: My son's IEP designation is currently "OHI"; our school district has suggested that if we change it to MI my son could qualify for more services. Are some categories/labels more "powerful" than others? Should I care?

Pam Wright: Child should receive what the child needs, regardless of the "label". The revised IDEA says child should get services, even with NO label!, up to a certain age.

Pete Wright: Label does not drive either services or the IEP. The law was changed in 1997 and is very clear about that. Policies within school districts may not have changed however. If your child needs the services and suffers from the new, unknown, wrightslaw syndrome, and a heretofore new disturbing label, should that exclude the child from some services and open door to others?

Pam Wright: I imagine the school has Program A for kids with one "label" and Program B for kids with another, and isn't individualizing the IEPs enough just trying to fit the child into their pre-existing program?

Kerny1: I have a daughter with borderline mental retardation IQ. She is in a regular fourth grade class receiving push-in Special Education services. She is having difficulty mastering the grade level subjects. Can she go to fifth grade and have her program modified to her level even though it is NOT grade 5 level work as the other students? We live in NY.

Pete Wright: To kerny1, issue is acquisition of the basic reading, writing, arithmetic and spelling skills, as primary over all other issues, such as 5th grade vs. 4th grade vs. other curriculum. It is important to master the basic skills, which can be done, but may require more intense services. Children with Down's Syndrome can read on age level. So often expectations are too low. In other words, are you sure you really want work modified, or the total program intensified? That's what I recommend

Pam Wright: Because of the standards movement, and state testing, the issue Kerny brings up will affect many kids.

Pete Wright: What if Helen Keller was in the system today, what would she get to acquire basic reading, writing, arithmetic skills?

Pam Wright: Helen Keller went on to write books, speak, and lead a movement.

David: Pam, as a psychotherapist who has a lot of experience with special needs children, does a child have to get everything from the school system or can tutoring and other special programs work too.

Pam Wright: The most important thing is to ensure that the child gets the services he or she needs. In many cases, its better to get tutoring than to fight a war, if you can do so. The problem is that many people don't have other resources.

David: From the audience, I'd be interested in getting very short responses to this question and then I'll post it for everyone to see. If you've been successful in dealing with your school system, what do you attribute that to? Here are some of the audience responses to my question:

seisen: Success with school system....persistence and information

Dabby: Always dangle the carrot before you bring out the stick! Don't anger them. Try to know more than they do before you go to a meeting. If you feel to close to the situation bring someone with you who can be objective.

brandi valentine: Knowing my rights! Also, having them over a barrel helped a little to :) However, I would never have known they had crossed that line if I hadn't known my rights.

Childsvoice: It came from acquiring as much knowledge about our rights as I could get my eyes on! Many thanks to Pete and Pam for their web site and their publications.

CarlaB: Knowing the law, and following the strategies set forth on the Wrightslaw website :-).

bpmom: Only success we've had (too few) were due to being the "squeaky wheel" and knowing the law and knowing how to make "subtle threats".

Mathilda: Our county school system is fully in support of its SED (Special Education) kids; but it is under contract with the local mental health agency, who is less than supportive, to put it mildly.

green9591: I haven't been. Superintendent cares only for saving $ not the kids.

David: I noticed Brandi Valentine is in the audience tonight. Just wanted to recognize her. She's well known on the internet and also has her site in the HeatlhyPlace.com ADD Community.

Pam Wright: I think Brandi had one of the 1st web sites on the internet. Glad to see you. It contains a wealth of information.

Pete Wright: Re Tutoring: So often private sector tutoring after school can be far more valuable. That is what worked for me. Two years, one-on-one, every day, after school. I was no longer considered emotionally disturbed and borderline mentally retarded. (The story is at our wrightslaw.com website.)