How to get and what rights are avalible to children w/spec needs (lisa m..please)?

Question

Lisa m, I'm interested in the 6 organizations in my area, please e-mail me off my profile!! I don't feel comfortable posting my e-mail in a question.

I'm having some problems with my son's school this year. They've already sent a letter stating they may want to hold him back (3rd grade). Not due to his acedemics, but his sleeping in class and therfore missing lessons and or improperly completing work or not completing it. I've been working on his sleeping for years now and until being on this website didn't know to even ask his doc about sleeping meds. We tried melatonin this year and he was actually able to go to sleep. Apparently it was a good start, but still the sleeping in class. I'm thinking maybe he's not getting a "restfull" night sleep even though he's actually sleeping now. We just started clonidine and althogh it took longer to kick in, he didn't sleep in class.

My point, I've asked his teacher how he is doing (sleeping/not sleeping in class).

Answer 1

hi!

sorry to hear about your problem.

i work for a special ed school in the UK. when we get the new year 7's (new starter) we ALWAYS speak to the school they use to go too. i think it would be a wonderful idea if you could get his old school/teacher too speak too his new school/teacher.

I've found that giving pupils like your son more physical task during the lesson (passing the books out, taking something to get photocopied) and between lesson (football, emptying recycling tubs) helps keep them awake and in voled.

hope this helps

Answer 2

Well..you do have rights.  i don't know where you live but you need to first contact the asessment team in his school.  Does he have an iep?

  They cannot leave him back, because he falls asleep in class..Is he up to par with his work?  Is he in special ed?  maybe he needs to be is a 12-1-1 program where they don't expect the norm...only until he grows out of this... If they are giving you a hard time, how about looking into a private school..if you make a big stink and hire a lawyer..fee is $2500..you can than attempt to sue the board of ed for harrasing you and not understanding...I am in the middle of suing for montessori school..i live in NY  My lawyer is regina skyer..usually you win because parents have alot of rights..You can not allow him to get left back..his self esteem will be awful and being bi-polar has enough self esteem issues that he has to deal with...If it was me, I would put him in private school and sue the board of ed for the tuition....

Answer 3

Has your son been diagnosed with any type of disability or medical condition?  I don't know what the laws of Canada are, but in the US a school cannot give special services unless a disability or medical condition has been determined officially.

I am adding this because I read further about ODD and bi-polar disorder.  Does your child have an IEP in place?

Answer 4

I live in minnesota.. I had some problems with the school contacting my doctor instead of myself, as well.  The first thing I did was withdraw my consent for the school to speak with the clinic without my permission..  I allow for them to contact the clinic by mail, fax, or email instead...

These people at these public schools think they are the parents and they are running things.. They look for things like child abuse, and talk behind our backs to our childrens doctors..  Thats the reason the teacher isn't telling you and the school is calling the clinic behind your back...

I'm not sure where you live, however here in the states we have 504 accommodations and certain rights through IDEA and Individualized Education plans, as well as Individualized Health plans that allow for accommodations to be made for your child in the least restrictive environments...  

Also, the schools have something called Special Education qualification through the Chronic health disability clause, which allows for accommodations with notes from your doctor when multiple diagnosis is in place and THE  MEDICAL CONDITIONS INTERFERE WITH THE CHILDS LEARNING..

So they have to accommodate this child if he has medical problems....    Angela

Answer 5

I had to do the same things with my son Ryan and you can get a copy of his students and your parents rights at your board of education. They are suppose to give you a copy of those at any and every parent teacher conference they do give them to me at all my parent/teacher conferences both with Ryan and then again with Chad now as well. Also you can request weekly reports they gave me them weekly and daily with my sons and they had to bring them home so I could sign them and send them back the next day its alot easier to keep in contact with his teacher and his progress.

Answer 6

Is he currently on an IEP and if he is what category?

Is his sleep disorder documented by a medical professional?

What are his grades like in school?  Many times even with a diagnosis if it does not have an 'educational impact' schools can do little.

Schools are required reporters - even though you know your situation is one you are working through imagine the trouble a school would be in if they ignored sleeping in school and later found out the child was homeless.

If your son is on an IEP - you would have a case manager who could work with both you and the classroom teacher.

If your son is not on an IEP.  Write down these words and send them to school. " I would like my son evaluated for special education services."  Lots of different people in school will be involved in this - you need to work with them and share information so that they can create the best plan. There is assistance out there but you have to ask for it OR a teacher can request it.

Good luck.

Answer 7

What is the condition that is causing your child to sleep in class?  You mentioned that he is bipolar and ODD, but neither of those cause sleeping in class.

If your child has medical issues he may need a 504 plan to help deal with his limitations.  You will need doctor documentation that he has a condition that causes him to sleep during class.

If this is the case you might want to consider asking for homebound services.  This means that your son won't go to school and a teacher will come to the house or meet you somewhere, like a library, to teach your child.  This way he can sleep during the day without disturbing anyone else.  It is unrealistic to expect that he be allowed to sleep during class without consequences, one of which may be retention because he is not completing assignments, which is his academics.

The teacher may not be comfortable talking to you for whatever reason.  Maybe she feels you've been unreasonable, make excuses for your son, blame her, want unreasonable accommodations made for him, or maybe she feels like talking to you is not helping the problem, so she's asked the principal for help.  A written daily log might help, something that can be checked off to let you know when he's sleeping during the day, and then you will also have documentation to show the doctor.

If you don't want her talking to the doctor take back your consent and let the teacher, principal, and doctor know, in writing.  She wouldn't make the time and effort to call the doctor if she didn't care about helping your son.  Give her the benefit of the doubt and try to work together.

As for talking with other teachers he's had before, you can try to get them to talk to her, but quite honestly, I think it's ridiculous to allow a child to sleep in school, and I don't know how they could have passed him if he didn't do the work.  They did him no favor by passing him along for doing nothing and it's going to catch up with him, like it's doing now.

I really think that homebound might be the perfect solution, if you can find a doctor to sign off on it.

Answer 8

I am sorry I did not know your location.The Laws I am referring to are U.S. Laws. I would think Canada has similar ones.Cally our school board and ask for Special Education Dept.,then ask them for a Parent Handbook-you can either pick it up or they can mail to you. in the back there is a listing of the Parent Advocates and Children's rights advocates.

I worked many years with Children with Special Needs and I feel for you and your Son.He needs an environment that will help him and he probably is very bright.There are many great books on O.D.D. try Amazon.com they have good used copies also.Good Luck and let me know if there is any more I can do.Lisa