Special Education Law: What Every Parent Needs to Know - What Every Parent Needs to Know

Written by HealthyPlace.com Staff Writer

David: Here are some more audience questions:

jackie R: My son is in a section 27 class, and will be loosing his placement after June because the school is for kids in residence, and he moved home. :-).

David: What can Jackie do about that?

Pam Wright: Assuming son is 14 or older, he needs a transition plan.

Pete Wright: Jackie, I'm not sure what the question is? Should he be home or at the school? Is there a more appropriate one nearby. Need more info please. The IDEA focuses on the fact that school is a mean to an end so kids need assistance in making transitions.

Pete Wright: PS What is section 27?

Pam Wright: Assuming son still has a disability, son still needs an appropriate education, although he may not need residential placement. BUT placement decision cannot be made until after Individualized Education Plans goals and objectives.

cadkins: What does the IDEA say about Time Out closets in EBD rooms? Is it legal to place children in there for long periods? Can children without IEPs be placed in there?

Pam Wright: Short answer is that school districts are being sued over this. We have 2 cases on our site about this. I think they are abominable and there have been a flurry of $$$$ dollar damage lawsuits because of them?

Pete Wright: Read some of the cases and get some community organization and a lawsuit going.

Pam Wright: The Witte case in Nevada and a recent case in KY or TN.

Pete Wright: There are often very strict state standards for that type of placement in a state mental hospital. Are the standards missing with schools?

Pam Wright: That just came out. If child has a behavior problem, needs to have a functional behavior assessment per IDEA. Another question?

David: Here are some additional responses from the audience to my question about how to deal successfully with the school system.

hsiehfriel: I work closely with the teachers, the school psych and the principal. I met with them even before my child entered first day of class to let them know I was an involved parent, interested in building a team approach.

SED teacher: I am curious about restraints. I have taught in NY, VA, and now FL. This is my first experience with "hands-on". I was trained and continue to use verbal de-escalation and have not used restraint. I am overwhelmed by the frequent application and intensity of hands before words. This is very disturbing personally and professionally. What is my recourse?

Pam Wright: We are getting many questions from special education teachers about things like this, too many children in classes. Can you get help from CEC or a special ed or education group?

Pete Wright: I am amazed by the use of physical force.

Pam Wright: Who can teachers turn to when asked to do things that are illegal or immoral or just plain wrong?

Pete Wright: I worked several years in a juvenile training school as a houseparent and we did not have to use force with rapists, killers, very disturbed children. It was me and 20-25 of them, locked in a cottage ward, or sometimes in an unlocked cottage ward. It seems that some schools are gravitating toward almost a sadistic cruel way of working with children that they do not understand.

Pam Wright: I think special ed teachers are going to have to take a stand against this.

Pete Wright: But the question is, what is your recourse? All I can offer is for you to see if you can get literature and perhaps try to set up some training programs for staff and administrators regarding behavior control without use of force and timeout locked closets. It is done out there and the alternative may be a very large $$$ damage lawsuit. That fear of litigation can be a powerful motivator to change behavior when all else fails.

Shar: I cannot get the CSE Committee to understand the relationship between NVLD and anxiety and that children with learning disabilities can achieve excellent grades while overcompensating. Any suggestions with limited resources in rural USA?

Pam Wright: If you are on a special education teacher list, you may get some help from others. You will need to get a psychologist or evaluator to write recommendations as to what child needs. As a parent, you have little or no credibility when you are dealing with school people so you need someone else to make the recommendations.

Pete Wright: You are a parent, they will not hear you. Bring books, videos, etc, they will gather dust. Have someone else, private sector psych or whatever, be the lightning rod and catalyst for change. Have that person write a letter and send material and advise that they will do a follow up call to see if the info is helpful, for starters.

Julie C: Under the Special Education laws, are children with learning disabilities entitled to a tutor paid at the school districts expense if the child is in need of more educational instruction?

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.)

Pam Wright: BTW: Mel Levine's work is excellent in this area. He is in NC.

Pete Wright: Nothing prohibits payment of private tutor, except tradition, policies, never done it before, this is the way we always do it, and other such reasons.

Pam Wright: Some public school supervisors will believe you have insulted their staff, who are of course, the best!

Pete Wright: Gerry Spence's book How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday, at our website talks about how to change perceptions.

Pam Wright: It's How to Argue and Win Every Time and it's about persuasion, not argument.