What is illeagal & what is legal for an IEP Team to do to you?

Question

My IEP Team has been doing sketchy stuff lately. My therapist (who is part of the IEP Team), manipulated my mom to put me in the psych ward over a suggestive school poem. It didn't even say anything about harming anyone else. This lady who is part of my community won't let me do after school activities (illegal unless I threaten staff/ student) because I go to out of town schools. Also they don't listen to my legal guardian (my mother) to put me in after school activities within my community. But they will let me if I stay "stable" when my therapist manipulated my mother to sending me to the hospital. Also they don't challenge me enough and on my IEP it says to upon request. And in my school I have a crappy teacher who can BARELY speak English and I have always had problems in Math (my main struggle). He is barely competent to teach me and my school won't listen to me. What should I do, quit school? Go to trade school?

Answer 1

Don't listen to Steve..what an idiot...Hang in there, don't quit school, you will regret it no matter how bad it is...my son was in your same position...he was a junior in hs and the spec. ed director talked me into sending him to an alternative school...problem was he was only in 1 fight in hs and it didn't happen until he was a jr...but he had a bad reputation in middle school..so they thought he was going to go back to being in trouble alot...anyway the alt. school was bad..nothing but drug dealers and kids who had prison records...my son didn't have a problem with the law...just school. I pulled him out and put him in cyber school...he graduated and got a diploma...special ed sucks...people don't understand the kids in special ed and I agree they don't teach you anything. My son said he hasn't learned a thing since 5th grade.  Why can't you be in after school actvities? those are great for kids like you...they help build social skills and help with self esteem.! My son drew pictures that they felt were violent, he had to stop that. Can you imagine what would have happened to people like Steven King if they would be going to school now? Hang in there and Good Luck

Answer 2

The IEP team only suggest and offers you services thru the school system.  IEP stands for Individual Educational Plan.  If you need some sort of help then you sould get it.

Answer 3

Growing up is the hardest part of living, and as adults it gets harder. We are all growing, and our experience says allot for what we know, stand on, our beliefs and world views, when we make decisions for the better of those around us, what we say and do are based on all that. If they are wrong, does not make you right, use what God has given you to better things,

your friend in Christ.

Answer 4

There should be a state Rule that states what is legal and not legal........it explains your rights.  First of all an IEP is to help you!  They can not tell you what to do....it's only to try to help you so if you or your parent disagrees you just have to say NO.....especially if you are older......I think in NE once you are 14 you have more rights about your own IEP.......also in NE the rule is called "Rule 51"  I don't know what it is in other states.

Hang in there...... you can do ANYTHING you want to do with the right accommodation's.....ask for another teacher....It sounds like you are in a crappy situation right now....

Remember they can not force your parents to sign anything!  Talk to your mother ....if you are under 18 she of course can sign things that you have to follow......but talk to your mother and tell her how you feel!  REMEMBER YOU CAN DO ANYTHING YOU WANT TO SCHOOL WISE......YOU JUST MIGHT NEED SOME ACCOMMODATIONS!

Answer 5

wow- there are a lot of issues here, and it's hard to give an opinion without knowing your history.  We don't know your previous history or special education label.  

The therapist wasn't acting as a part of your IEP team, I doubt the entire team was present when she advised your mom, right?  If so, the school would have to pay for it.  At my school, the therapists aren't even employed by the school district so they can make whatever recommendations they want, as they represent their own agency.  In other words, they can act on their own behalf.  And for the record, psych wards will review the referral and make their own decision.  They don't just admit folks because one person said so, there has to be compelling evidence, so there must have been some other stuff.  So the school didn't put you in the hospital, your mother did, and the hospital accepted you.  Your mother is just trying to help you.  

The lady in the community has nothing to do with your IEP, although it does seem unfair.   Why can't you do after school stuff at your own school?  After school activities aren't generally addressed by IEPs is what I'm saying- IEPs are to ensure Free and Appropriate Education.  I'm not even sure an IEP would be able to be modified to allow a student to access another district's activities, so them saying they would if you are stable seems weird to me.  In fact, I'd bet most districts would refer to that as trespassing.  In my district, kids who attend charter school can't attend our events because they aren't covered by our insurance.  But check anyway like Jkdk said, perhaps there is discrimination going on.  But that would be fought under the Americans with Disabilties Act- if you are being discriminated against due to your disability.

Finally, the challenge issue- I take it you're in a math resource room.  If you'll have this teacher next year, ask your mom to reconvene the IEP and have that taken out of your IEP.  You can go to regular math classes, but still get support if you need it.  You're assuming regular ed is better, which may or may not be true...  

If your mom is having trouble with the IEP team, she might do well to get an educational advocate.  This is a person who knows the law, and what is appropriate.  That way you can have a person to support your mom and help her make good educational decisions for you (which still may not be exactly what you want, in the end).  How much more time do you have in school?  I hope you are able to fight through this and get what you need to move on!

Answer 6

certifications Bootcamp-

http://ccnatutorial.com/

Answer 7

The first thing I saw in what you wrote is "it didn't even say anything about harming anyone else" which tells me (correct me if i'm wrong) that you probably mentioned harming yourself. And that's probably why they put you in the hospital. I had an IEP myself. And I've also had a math teacher who didn't know what the heck he was doing. It's hard. Have you sat down and talked with your principle?  Let him know how you feel. Maybe they can switch what class your in. Give you a different teacher. Or, get you a better tutor. I think if you talk with your principle, your mom, and possibly your guidance councilor (not your therapist) in a meeting you might be able to work things out.

Answer 8

I think you will be ok and that chrissy gal seems like a wonderful person.

Answer 9

Typical crappy illegal stuff that public schools do concerning special ed. Really, MOST schools are crappy when it comes to special ed.

First thing is, your parents need to understand and use the laws that mandate special ed. It's called IDEA 'individuals with disabilities education act'.

The best site to learn them  www.wrightslaw.com

What sketchy things are they doing? Nothing will surprise me.

Putting you in the pysch ward was ILLEGAL  *IF* the WHOLE IEP team did NOT agree IN WRITING for you to do this.

Does your parents have any legal papers with signatures of the whole IEP team agreeing for you to be in this hospital?

Who paid for it? If your parents did, you can get the school to pay them back, but it will take a LOT of fighting.

You wrote -- This lady who is part of my community won't let me do after school activities (illegal unless I threaten staff/ student) because I go to out of town schools.

Your parents need to write a letter to who ever is OVER HER and ask WHY can't you attend and to give them a copy of their legal policy that states REASONS a person/child can not attend these activities. It can NOT be just because she 'says so'.   This is discrimination and she can get in a LOT of trouble if your parents wanted to pursue that.

When they get the policy and if it does NOT state the reasons WHY she is keeping you out of activities, you can use this to then be INCLUDED in activities.

About your IEP stating 'upon request', this is another boatload of c**p that schools dish out.

THEY are the ones who are SUPPOSE to know WHEN you need the help, NOT YOU!!

If YOU KNEW when you needed the help, you would not need it to begin with!!  THE IDIOTS.

What you need to do is get together with your parents and make a list of ALL the problems you are having in school.

Also gather any proof that shows you have these problems.

THen, make another list of what you think the school should DO to HELP with these problems.

Then, your parents need to write a letter to the district sped director requesting an official IEP meeting. Date the letter and keep a copy for yourself.

The school has to have the meeting  10-15 days from the date of the letter.

In this meeting, take ALL the papers and lists you have written. Ask them for the things you want them to do to help you. If they refuse, there is more you can do.

And by all means take OUT the ' upon request' out of the IEP plan. If they refuse, there is more you can do.

Here's a GREAT message board with a lot of knowledgable people who can help you --  

http://millermom.proboards107.com/index....

State laws DO rule special ed in schools, BUT even the state laws are mandated by the FEDERAL IDEA law. State law can not be more restrictive than federal.

So following federal law is better than state law.

babiesonboard wrote -- So the school didn't put you in the hospital, your mother did, and the hospital accepted you. Your mother is just trying to help you.

From what the poster wrote, the mother didn't really want to put her in psych ward, they just pushed her mother into it which is a violation of IDEA law - preventing parent from advocating.

I think the school intimidated the mother into this so the school can come back and say that she decided this 'unilaterally'  instead of with the IEP team, so they can now say they do not have to pay for this pysch ward, even though in truth they DID want this. Sneaky and dirty.

Typical of schools.

Then again, if parent pursues the school to pay her back (that is IF she paid for psych ward), I'm not sure how it'll play out because it IS the school that originally wanted this, so you can use that to prove the school HAS to pay for it.

Answer 10

Before You go to trade school you need to go to the district office for that school. The IEP was design so students can have an input in their curriculum. The IEP team should welcome the fact that you are speaking up. GO to the district office and voice your concerns. You seem to be up on things, when you do go please be respectful and express your self in that manner. Remember you are already lable as the one with a problem so  do not represent yourself in that manner. Ask them about your rights as an ESE student ask them to test you ect.

Hope this helps  * check out what babies on board has to say