How do I help my 5yo?

Question

Our 5yo started kindergarten this year...and he's having a really hard time adjusting. We live in NYC. He's in spe. ed class..he should be receiving speech therapy, occupational therapy and counseling...1, his speech isn't where it should be and 2, his behavior can sometimes be very aggressive. Well, school started at least a month ago and he is still not receiving services because the school hasn't hired anyone yet. In the meantime, I have his teacher calling me at work every other day letting me know how he's doing this and that and how he's not listening, etc. I get so frustrated because isn't this something she's supposed to know how to deal with since she's a special education teacher. I'm at a loss and feel so bad for my son. I'm thinking of placing him in another school all together but by now schools should pretty much be filled. Any advice would be greatly appreciated. Thank you.

Answer 1

I'm so sorry you feel this way.  Your child's teacher is acting unprofessionally, and absolutely should not be calling you daily with negative reports.  The first thing that should happen is that she should stop that, and the next time she calls with a negative report, stop her before she starts and suggest that you (and your spouse/partner/S.O.) sit down in the principal's office with her to discuss what she keeps calling you for.  That should stop or at least slow the negativity coming from her...especially after you tell her boss about her thrice-weekly activities and ever-so-subtly question her suitability.

Next, we call the director of special education.  I'm guessing your son has an IEP...therefore the district is legally obligated to provide what is written in the IEP.  I'm not 100% sure about state law in NY, but in Ohio, it's 30 days from signature until implementation.  Hold them to it.  Call the Director of Special Ed.  Annoy his brains out.  Get him/her to do what needs to be done.  

If it doesn't work, call in an advocate.  They are usually free, and work on behalf of children who are denied their legal rights to a Free Appropriate Public Education.  

NYC is a tough city to live in with kids with disabilities, but it is more than doable to get what you need, if you know what your rights are.  There is a website below in my sources that should help.

Best of luck!

Answer 2

Is there a local chapter of ECAC ( Exceptional Children's Advocacy Center)? Call the director of EC in your area. Therapies not being received... do you have an IEP?? ( Individualized Education Plan)  You can take them to court--IEP is a BINDING contract the school has to follow. It's not about "good faith effort"... good intentions...well, we know the road to h**l is paved with them. This child needs help, and NOW!!! the younger the better.

Has the school tested him to determine what the issue(s) are? Or, did you have him tested else where? The diagnosis is KEY for how to treat and teach him.

Updates are great, maybe you could ask the teacher to keep a behavior log for you with the information you want to know on it and send it home daily with the child, and STOP calling you at work, unless it's truly urgent. Complaining to you about what this teacher can't handle doesn't help the child.

Special ed teachers don't know everything about all disorders. Some disorders don't respond to the classical treatment. It's going to be a rough year. however, the teacher should have something in place to know what she's supposed to do with the child when he doesn't listen. There are ways to redirect.  some people just have a good way with children and others shouldn't be teachers. It's cruel, I know, but it's true, nonetheless.

You will have to be more involved than you originally planned with your child's education. The squeaky wheel get the grease. You'll have to complain repeatedly and check up on the school to make sure they are doing their job. You can't just send the child off to school and hope for the best.

I can't work, b/c my child needs me to advocate for her in the school setting. No, I'm not rich. It's hand to mouth for my husband and I... but, I have to be available for my child.

but, yes, the school needs to get up to speed with the therapies.

Answer 3

In addition to what has been said here,every school is required to have a section 504 coordinator.  Ask to speak with them and ask them to assist your child's teacher in meeting his needs.

Answer 4

Considering your son is in special ed., he should have an IEP(individualized education plan). In his IEP, you should see something looking similiar to this:

Special Education and Related Services [ space to write ]

Start Date[ space to write ]

Location[ space to write ]

Frequency[ space to write ]

Duration[ space to write ]

Supplementary Aids and Services [ space to write ]

Start Date[ space to write ]

Location[ space to write ]

Frequency[ space to write ]

Duration[ space to write ]

That is where it should be listed that he is to receive speech therapy, occupation therapy, and counseling. If it is not, then you need to call an IEP meeting and have his IEP revised to include those services. I'm leaving some info for you from the US Dept. of Education's IEP Guide, this should be useful to you.

The IEP for each child with a disability must include... a statement of the special education and related services(listed below) and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child.

The IEP for each child with a disability must include . . . the projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications.

The type and amount of services to be provided must be stated in the IEP, so that the level of the agency's commitment of resources will be clear to parents and other IEP team members.

The amount of time to be committed to each of the various services to be provided must be appropriate to the specific service and stated in the IEP in a manner that is clear to all who are involved in both the development and implementation of the IEP.

The amount of a special education or related service to be provided to a child may be stated in the IEP as a range (e.g., speech therapy to be provided three times a week for 30-45 minutes per session) only if the IEP team determines that stating the amount of the services as a range is necessary to meet the unique needs of the child. For example, it would be appropriate for the IEP to specify, based upon the IEP team's determination of the student's unique needs, that particular services are needed only under specific circumstances, such as the occurrence of a seizure or of a particular behavior. A range may not be used because of personnel shortages or uncertainty regarding the availability of staff.

A school district must ensure that all of the related services specified in the student's IEP are provided, including the amount specified. The district usually decides how the services listed in the IEP will be delivered to the student. For example, the district may provide the services through its own personnel resources, or it may contract with another public or private agency, which then provides the services. Contracted service providers must meet the same standards for credentialling and training as public agency service providers do.

The Individuals with Disabilities Education Act Amendments of 1997 (IDEA '97) mandates that "...all children with disabilities have available to them a free appropriate public education [FAPE] that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living".

School districts may not charge parents of eligible students with disabilities for the costs of related services that have been included on the child's IEP. Just as special and regular education must be provided to an eligible student with a disability at no cost to the parent or guardian, so, too, must related services when the IEP team has determined that such services are required in order for the child to receive FAPE and have included them in the student's IEP. If your school cannot provide the services needed for your child, then it is their resposibility to provide the services to your son from other resources at no charge.

Related Services:

A child may require any of the following related services in order to benefit from special education. Related services, as listed under IDEA (Individuals with Disabilities Education Act), include (but are not limited to):

Audiology services

Counseling services

Early identification and assessment of disabilities in children

Medical services

Occupational therapy

Orientation and mobility services

Parent counseling and training

Physical therapy

Psychological services

Recreation

Rehabilitation counseling services

School health services

Social work services in schools

Speech-language pathology services

Transportation

If a child needs a particular related service in order to benefit from special education, the related service professional should be involved in developing the IEP. He or she may be invited by the school or parent to join the IEP team as a person "with knowledge or special expertise about the child."

Answer 5

Here are somethings you might want to do if you have already discussed this with the principal and have not had any satisfaction.

Call your special education director and discuss the problem with him or her and demand that the IEP be implemented. Your son's behavior problems may be directly the result of not getting the services he needs. If he cannot satisfy you, then call your state Department of Education and complain. Special ed departments just hate this!

Ask to observe in class. Take your IEP with you. Make sure he is being taught according to his IEP goals and accommodations. Many teachers, even special ed teachers, want to teach whole group activities that are not appropriate to the child's needs. They do not want to take the time and effort to individualize the instruction. That is the most frequent cause of misbehavior. Also, make sure the class size is not too big.

If you child is still not getting what he needs you can do two things:

1. Call for a new IEP meeting and get what your child needs put on the IEP if there is something more that he needs. During this meeting, request that the school district perform a Functional Behavior Assessment to look more closely at the cause of the behavior problem.

2. Read the Procedural Safeguards booklet that you were given at the IEP meeting and follow the steps required to file a due process complaint. You can base this on your child not receiving FAPE. In the re-authorization of IDEA, this means that your child is entitled to a free and APPROPRIATE public education. When your child is not receiving the services described on the IEP, he is being denied FAPE.

A good website to see is wrightslaw. This give a lot of information on special ed legalities and how to advocate for your child.