Child Diabled..... school district not helping?

Question

my son has had bipolar and was diagnosed in the fifth grade. He has minor problems that are more irritating to people than outright bad. I asked the school districrt for a IEP or BIP in writing and in person they had 10 days to answer. In those 10 days they suspended my son for the remainder of school year for sagging pants,and sent him home in a police car WITHOUT calling me.This school year they suspended him for switching lunch lines 180 days. Does anyone have any suggestions. My child is being dicrimnated aginst and denied his education..please help he is 15 and now his spirt is broke. Plus now that they got rid of him they are picking on my 11 year old who has NEVER been in trouble. Im planning on moving but my son cant go to school anywhere because this district (in Missouri)suspended him. plase help...mean answers are not needed

Answer 1

Bipolar disorder is described in the Diagnostic and Statistical Manual DSM), now in its fourth edition plus.  The DSM terms like bipolar are therein given broad descriptions or sypmtoms.  These terms are used by mental health folks as they file for insurance payments.  Bipolar is not specifically mentioned in the Individuals with Disabilities Education Act (IDEA).  Sometimes the school folks and the psychiatric community just talk past each other.  

To work with schools, you probably will want to use IDEA terms and procedures.  A good place to read about IDEA and Serious Emotional Disturbance is http://www.nichcy.org/pubs/factshe/fs5tx... While these are the pre-2004 rules, the language is good and the piece communicates existing rules well.  The current rule can be found at 34 CFR 300.8.  The following is a quote:

(i) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

(ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.

That last sentence is troubling for kids who just seem to break the rules in a consistent manner. Kids in trouble for sagging and breaking lunch line every day are probably more likely to be seen as having troubles with rules than as having disabilities like emotional disturbance.  The 2004 version of IDEA gives school folks more leverage with which to handle youngsters who are socially maladjusted, and widens the practical gap between them and youngsters with emotional disturbance.

To get this resolved you may want to WRITE a registered letter to your local superintendent and to your state superintendent (1) asking for an evaluation and (2) complaining about the delays. If you do not hear back from them in forty days or so, you can complain to the US Office of Civil Rights or to the Office of Special Education Programs

http://www.ed.gov/about/offices/list/ose...

Now with all this said about rights, the best thing you might do for your son is to locate the school psychologist for the local district and schedule an appointment.  Schools psychologists generally know both the psychiatric language / reality AND the school language / reality.  Your situation sounds like a tough one and a good school psychologist would have about all the knowledge needed to help you develop a sound plan.

(This from a retired teacher, principal, district admin, and parent of a young man who had emotional issues in his school years).

My heart goes out to you and may God bless your son.

Answer 2

You can also contact the Office of Civil Rights.  There should be a contact in your state capital.  Just give them a call and explain the problem.

Answer 3

Write a letter to the editor of your local newspaper for this to be put in the paper to let everyone know what's going on.

Write a detailed letter of everything that has happened and give a copy to EVERY member of your district school board. They are the big guys who decide where the money goes.  

Write a letter to the STATE  superintendent of schools.

Since you can't afford an attorney, call your state dept of education and ask for the phone number for the  'federally funded parent advocacy agency'

You don't have to tell them WHY you want this info. Every state has this and they are FREE for parents. I used ours for 8 months and they were wonderful.

Answer 4

Have you spoke to the principal directly?  I would keep record of all attempt to request and IEP and all attempts to make arrangements to get assistance with his education. It took me almost a year to get my daughter an IEP also, stop by the special education office in your area and they will give you a list of your rights and such and alot of the time they have advocates to help you further understand, the IEP process and will help alot with your request.  I am in California, but if i remember correctly I had to have a specific area that my daughter lacked development in.  Hers happened to be speech, so i went directly to the speech therapist at the school district i am in.  Depending on what area he needs help in i would make an appointment with the person it would be directed to..

Answer 5

They cannot deny him access to an education. Under Missouri Law 167.164 - Suspension or expulsion not to relieve duty to educate--district to pay costs of alternative education--voucher--district may contract for alternative education services. Go to this website:

www.dese.mo.gov/schoollaw/LegFolder/Sa...

Your son is eligible for special education services under the category of  emotional disturbance. Here are the requirements:

In order to be seriously emotionally disturbed, a child must be determined to have a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance.  The student must demonstrate:

    ÃƒÂ¢Ã‚€Â¢ An inability to learn which cannot be explained by intellectual, sensory, or health factors;

• An inability to build or maintain satisfactory interpersonal relationships with peers and adults (the federal definition uses teachers instead of adults, 34 C.F.R. § 300.5 (b)(8));

    ÃƒÂ¢Ã‚€Â¢ Inappropriate types of behavior or feelings under normal circumstances;

• A general pervasive mood of anxiety, unhappiness, or depression;

• A tendency to develop physical symptoms or fears associated with personal or school problems.

Your son cannot be excluded from school on the basis of a dress code violation. I suspect that there is more to it than that. Usually students who are expelled have violated some part of the Safe Schools Act. Nonetheless, they are still required to provide your son with an education.

To get a better grip on IDEA and its application, go to the Wright's Law website. They will discuss problems with schools lagging on testing for special ed. Right now, your son is not covered by IDEA, however.

You need to go to the school and talk with the principal about getting the special ed process going.

Finally, don't absolve your children in the part that they are playing in the problem. This isn't good for them and it reinforces their problem behaviors. Schools don't tend to pick on kids. They do come down on kids that misbehave. Make sure you hold your kids accountable for their part of the problem. Remember, it takes two to tango.

Answer 6

Seeing your having big problems with the school, There are many lawyers you can at least talk to free! and if they feel you have a very good case against the school, most of the time they will take the case on at no charge until the case is settled! I would say you would probably have a good lawsuit case! and with them targeting your other son! You would probably have no troubles suiing them for quite a bit of $$$!

It's against the law to suspend a child with disability problems! There is no court system that can protect the school from the suit! Try writing the President and Vice president of the United states and tell them what the school is doing to your boys!!! Send a letter to your governor of your state and to the Newspapers of your state, Show the school you are not happy what there doing to your boys and now they will be sorry they did!!!

All kids have a right to education, and there's No school that can stop them!!! It's the Law in every state in the United States! I would go back and talk to the person in charge of your school, and tell him or her, that if something isn't done immediately and your son re-entered into school and your other son left alone, that you will take all actions to make sure they abide by the laws of schooling!!! and if it means suing them you will!

You must get your story into your home town papers and see if the news media will take the story! Do what you have too, Make sure you don't just let the school shove you around anymore! What they are doing is very illegal and they will have to suffer the consequences for being bullies and pure idiots!!! Many schools forget who pay there paychecks and need a rude awakening once in a while!!! Show them your not backing down and that you mean business! See about getting all envolved fired from the school!!

I would also check in to see if maybe you could do some thing about the policeman who took your boy out of school too! Go have a talk with the policeman's boss! I don't think he was to be the schools little puppet either!

And go to Montel Williams website and tell Montel your story about your boys and there school, he may do something about it too! He hates when schools don't follow laws!

Answer 7

your not far from me. Our school system has what they call an aleternative school... Can he go to it. You need to get away from this district anyway... they have already labeled you and your other child due to your sons issues. I am a firm believer that the PARENTS should be called and also have input on what to do with students who have issues. even though he is 15 you still should have been called to come there before the police unless he physically hurt someone and they wanted the police there to keep him from injuring himself. go eagles.....

Answer 8

I agree with the above answers regarding documenting school contacts and contacting advocates, etc.  I would also contact the local newspaper and TV stations and ask them for help to get the ball rolling.  Tell them you want your child to receive his education and he's not getting that...in violation of federal law.  I'm sure some attorney would love to apply his required pro bono work in exchange for his name in the spotlight.  :)  

I would also start calling the head superintendent (spelling?)  directly.  Go for the top.  Daily if needed.  You've tried the school level and they aren't taking care of the issue.

Answer 9

See if you can find a child advocate group in your area. They are generally free services. I went through a similar situation several years ago. rather than fight a dysfunctional school system I was in a position to put my son in a private school. Because your son has a medical diagnoses of bipolar he should automatically qualify for a 504 plan.  When he was suspended did they offer alternative school for him?

Answer 10

Contact Legal Aid today.  Your son has a right to a free and appropriate education.  Once a lawyer gets involved the school district will wise up.

Answer 11

You need to get a children's advocate ASAP!  Every state has agencies that will intervene and help you with your parental rights.  The best place to find an advocate is through your state education department.  In NY, our agency is called VESSID.  Hope this helps.

Answer 12

I'm going to add a couple links at the bottom of this email that should give you free assistance in this matter. What they are doing is against federal law. Keep everything they send you. Do not go to see them alone. Have an advocate with you. Tape any phone conversations. Whatever they say to you, tell them you want it in writing. If they say they cannot do something due to a law or rule tell them you want to see the documentation to support their statement. I don't care if they drag it out til he is 18. They will have to pay for compensatory education and kids with disabilities are allowed in school til age 21 here in PA and I believe that is a federal mandate.