posted
Our school district won't include homebound tutoring in my daughter's IEP when she is too ill to attend school.
They are standing behind a school policy which states you need to be out two weeks before receiving homebound instruction.
I thought if I brought to them some statistics of school districts including this in other children's IEP we might persuade them without hiring an attorney.
My daughter has just returned to school (now high school) after being home sick for two years.
She's missed 8 days of school so far and we fear that she will not be able to catch up if she misses any more school.
We asked for homebound instruction if she is out for more than 2 days in a row. They refused our request.
They did agree to extended time, but if she is constantly in and out of school all that will happen is she will get further and further behind.
We can't let this happen now that she is in high school. She is still very sick with debilitating fatigue, headaches and some sleep disturbances as her main problems.
If you could either post here are e-mail me separately if your child's IEP includes homebound instruction along with your school district's name, city and state, we would be most appreciative.
Thanks.
Marie
Posts: 9 | From New York | Registered: Sep 2004
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lymemomtooo
Frequent Contributor (1K+ posts)
Member # 5396
posted
Marie, I am sorry..There are some school district horror stories out there..Schools do not want to stress their budgets.
So far we are having mostly good cooperation with our school district in Southern Pa. My daughter is only attending for 3 periods and we may have to fight to get her some more classes..We have not had trouble getting home bound instruction when needed..(All of last year and it is continuing as needed this year)
You need to sign the IEP and you can refuse to sign it until they include all reasonable accomodations..You need to be assertive and if you need a lawyer, get one..But my guess is that there are other avenues..
Since you have an IEP...you can request a meeting. Put it in writing however and ask for if within 2 weeks. Think they are legally bound by that request also..Put in writing your concerns..Tell them she is not receiving a proper education...
Just be prepared for one possible answer, they may say, fine..Then she can have complete homebound with direct instruction..Not sure what it is called...That might be a bluff..Since it would cost them more money..YOu might also throw out the possibility of them paying for private education in a special facility that makes accomodations for illness..NOt sure if such a place exists for just lyme..Maybe worth a bluff...
From experience as an elected school board member...no one messes with a psychiatrist's recommendations...They would have a major problem on their hands if they did and if the case ever made it to a court room..If your child needs any psychiatric suppport, find one and get some help also for the academic issues..
Without proper assistance thru this, your child might not be receiving a free and appropriate eduction.
posted
We've had two CSE (Committee on Special Ed)meetings so far since Sept.
During the first one, they agreed to most of modifications we and Dr J indicated she needed. They asked the counselor to poll teachers willing to do homebound as needed.
When we went to the second meeting, they changed their tune...not at all receptive to any homebound, supplemental help.
They just cited their school policy on needing to be absent for at least two weeks before homebound kicks in.
We are tracking, on a weekly basis, the work she needs to make up. In two weeks if she is further behind, then we will go back to them.
I'd like to take with me some info on what other districts are providing so they can see that our request is in line for this illness and not beyond the norm.
Thanks for your help.
Marie
Posts: 9 | From New York | Registered: Sep 2004
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It doesn't sound right that school policy should override the right to FAPE (Free Appropriate Public Education) under IDEA.
That just sounds way off to me.
Rather than comparing this to other schools..perhaps there is a stronger position for you to advocate from based on NYS Commissioners Regulations under Special Education Law..coupled with your daughters specific needs.
Seems to me that if her illness, backed by Doctors note, will require her to be unable to perform in the school setting for a considerable number of days throughout the year, homebound instruction is medically necessary in order for her to keep up with the curriculum, and holding her to the two week policy in that case is absurd.
You can also call the State regional office for Special Ed and clarify that you are in the right, and that this is your daughter's right in her case.
Also..if you don't want an attorney to clear this up..you can look for an educational advocate to accompany you to the school, and get this into her IEP.
But..in any event..I don't think they are able to hold her to regular education school policies re: homebound instruction.
Also..it is my understanding that a tutor (under NYS Law they are allowed two hours home instruction per day)..don't think they cost more than it does for her to attend school, anyway. Not sure if that is different if she is in and out..but even so..budget is not your concern, and they are given money for each Special Ed student by the State.
Unreal..
..think of it like a chess game. Know when to go for their Queen. Your daughter has Federal rights that they cannot deny, though they will try.
Remember also that an IEP is a living, breathing document, and must be changed with your daughters needs.
Mo
[This message has been edited by Mo (edited 10 October 2004).]
Posts: 8337 | From the other shore | Registered: Jul 2002
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Lyddie
Unregistered
posted
We also found the in and out situation different from a situation in which our daughter was home all the time for months at a time.
I ended up consulting a lawyer (just paid for the appt. and let school know we'd met, didn't end up needing to pay for lawyer to meet w/school- my meeting with the lawyer was enough to get cooperation in this case).
Anyway, the lawyer helped me come up with a form that the principal then approved to be given to every teacher every day, whether my daughter was there or not (mainly becasue they couldn't seem to notice or remember if she was there or absent!).
Every day, all teachers filled this form out wiith info on class work, homework, attached notes, readings or tests/quizzes, and noted any grades missing.
My daughter's plan is a 504, not IEP, so the school nurse actually collected these forms each day and got them to my daughter or to me. A SPED aide could do the same.
Our school had a policy in which you had to be absent two whole days before getting any missed work from teachers. Since she was in and out, and missed time at school virtually every day w/out meeting their criteria for "out two whole days," we were experiencing a nightmare trying to keep up.
My daughter likes the current system better than home-tutoring, because she can work when she feels up to it. Even if you use a home bound tutor, if your child is in and out, it will be complicated for the tutor to keep track of which classes your child missed, if your school is anything like ours!
This is an unusual situation for schools. They are institutions and not very flexible. Their policies assume attendance if well, home if very sick. Going to school as much as possible is a great goal for kids with Lyme, and the schools need to think outside the box a little- with a little help from us and our lawyers!
Another option suggested by our superintendent was homeschooling with a twist: our daughter could attend any classes she could w/out worrying at all about grades. This let the school of the hook financially (no tutor included) and took pressure off my child.
She could also do normal papers and tests when she liked, and not when she wasn't up to it. This would still be under "homeschooling" as she wouldn'g get a final grade, but could get as many individual grades to evaluate her work as she could muster.
I found our school was so anxious to avoid the cost of tutoring, they were willing to do almsost anything else! We had to do some work (I had to do some teaching too) but it really worked out for us, and earned us a good working relationship with lots of concessions from the school later on.
posted
I used to teach in PA before I got this disease. I understand your problems with schools. Just keep after them. Don't give up. Do what you have to do. Don't give up.
Posts: 560 | From PA | Registered: Apr 2001
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ArtistDi
Frequent Contributor (1K+ posts)
Member # 2297
posted
My son, who doesn't have lyme, was having problems in school, and despite my requests to have him neuro-pysched tested (since kindergarten and by then, it was second grade), the school didn't comply. So, I went outside of the school to have him neuro-pysch tested.
He is on a 504 plan now, and I think it may help to have a neuro-pysch evaluation, either through the school (which takes forever) or privately. The school couldn't deny my son what he needed.
You may want to contact your State Board of Education to get some backup, and also, you could have your daughter homeschooled. See if that is an option as well. The school would have to approve the homeschooling curriculum, I believe.
Schools are red-tape arenas, and it helps to keep a paper trail. I have file on my son, and I bring it with me to all appts. with new teachers, etc. That is my ammunition to make sure the school provides him with what he needs.
Look into your State Board of Education, as one of my friends (who is a teacher) told me to do that if I didn't get further with the school.
[This message has been edited by ArtistDi (edited 11 October 2004).]
Posts: 1572 | From Hatfield, MA, USA | Registered: Mar 2002
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My daughter is a senior in High School and has two classes left to take. Since she had previously been diagnosed as Bi-polar, she had modified schedule and excusable absenses for two years.
This required a 504 plan. If I am correct, IEP is effective for Learning Disabilities and the 504 is for health related changes.
My daughter starts IV antibiotics Thursday and had attended only 4 days of school so far this year because of herxing with oral antibiotics.
With much chagrin, we determined that if necessary, she would spend her senior year healing her body, mind and soul. Getting cured was crucial to her future success.
This one step was really tough for me because my picture of her life and future (formed prior to her birth) did not include dropping out of high school. Actually it also did not include lyme disease either....
Luckily, when we discussed pulling her out of school (apparently the school system did not want another dropout) the school team came to her rescue promising classes via the internet.
Now we are in the middle of the paper signings and setting up this opportunity for our child. Hopefully things will continue to click.
We live in NC not NY so there might be state to state variances.
Perhaps the new legislation on No Child Left Behind can help your daughter...just an idea.
Hang in there!!! Parents are the child's best advocates....
Please keep us posted....
be wild, celebrate life, hug, snuggle and cuddle the ones you love cc
Posts: 16 | From Holly Springs, NC, USA | Registered: Sep 2004
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mlkeen
Frequent Contributor (1K+ posts)
Member # 1260
posted
Morning Marie-
It's good that you feel your daughter will be able to learn while she is home sick.
Our experience last year(9th grade) was that my son was too ill to do anything most of the time he was out sick ( 50 days) and many more at less than well. Then he needed lots of sleep and took longer than allowed to make up the work. The school and I went round and round about this. Even with a IEP or 504 it is so hard to enforce modifications.
This year we are doing a cyber charter school with two classes at the regular school. It is working well. James worked hard all week-end on two projects and will probably sleep all day today.( I could tell he was going down hill on Saturday)
I have no more school angst and he feels better about the whole thing.
I hadn't even heard of cyber charter schools until a few months ago, but had the sense that it could be a better experience. Just somethin gto think about.
Jordan has an IEP based on "Other Health Impairment".
Jordan is enrolled in 2 classes at school (Science and Math) and has homebound instruction for 2 more classes (English and Health). He hasn't been at school for the past 3 weeks, so we are really struggling to get his homework done.
Our school district started online classes last year. Jake has been completing credits this way.
Before our school district started online classes, they told us that Jake could enroll in a different school district that offered online classes. (Minnesota has open enrollment.)
posted
Couple things for those involved with the thread, differences of 504 and IEP.
Sweet Basil..an IEP is available to students with health conditions, and is not just learning disabled related..though, with health issues, a child is somewhat "learning disabled" in the sence that they do not have the health and vitality required to perform at regular levels as a student..therefore deserve supports.
A 504 can offer the same in accommodations and modifications as an IEP, though, decidedly, an IEP has "more teeth"..teachers inclined to adhere more..in most districts.
The other main difference is with an IEP, instructional support is provided. For my son, this will be simply a resouecs room teacher available daily to coordinate work, tests, ongoing projects and assignments between student, teachers, and home. This teacher also will be available to assist the regular teachers in modificarions and accomodations, as well as help student get on track in any particular subject they have fallen behind in.
The two catagories that LD kids can fall under is OHI (Other Health Impaired) or TBI (Traumatic Brain Injury). OHI is most commonly the catagory for LD, considered a "high incidence" classification. TBI is low incidence, and includes significant cognitive impairments due to medical condition, including encephalopathy.
The same supports are available to all regardless of the catagory once classified.
Enother note, it can be written into an IEP that a student is not required to make up all claswork missed due to absence, and also be written in that less homework be expected of these children.
You can advocate for class participation to take the place of homework when necessary..which could alleviate the pile of back work they face when out. Isn't fair that they should have to make up everything.. they should just be supported in keeping up with the curriculum, and exibit they are grasping concepts.
When they are well, they will work up to speed, when not well..they cannot, and should not be expected to.
I can see where this would be a pain for teachers, certainly..but when it comes down to it, according to Law, they have no choice in the matter.
The difficulty is, as parents, we often don't know what the kids are entitled to. The job is to find it all out, and then advocate. S Special Ed teacher as a point person can help keep all this organized for both teacher and student.
NCLB looks good on paper, but unfortunately has not been adequately funded, therefore leaving a huge gap between the standards set, and the teachers and children left scrambling to met them..this has a very detrimental effect on education in it's present state. Especially for kids who are not classified, of which there are many, who absolutely NEED (and have rights to) modifications! Hoping this changes..
..and is another reason to get as much into the IEP as your child may need re: testing.
SO FAR..I believe classification with an IEP will offer children with disabilities proper modifications on State tests and Regents exams. Hoping that DOESN'T change.
Mo
[This message has been edited by Mo (edited 11 October 2004).]
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