lymeladyinNY
Frequent Contributor (1K+ posts)
Member # 10235
posted
My nephew has had Lyme diagnosed for one year. He has missed a lot of school and has been tutored. He's in sixth grade.
He has maintained a 90's average and is not behind in his work.
His school sponsored a field trip today for all honors students. The principal informed my sister earlier this week that my nephew would not be allowed to go. My sister wanted to know why and the answer was that he hasn't attended school enough.
My sister said, "So you're punishing my son for being ill?" My nephew, listening from the hallway outside the office, burst into tears and didn't want to talk to the principal when she tried to "explain" her position.
So, today, while most of his classmates enjoyed the field trip, my nephew was required to sit in the principal's office with reading material until noon, when my sister went to pick him up.
At the end of this school year my nephew's classmates are going to New York City on a class trip. My sister has already been informed that he won't be allowed to go.
Further, the school nurse had been calling my sister daily and telling her to "be a parent" and send her son to school. After my sister blew up at her the calls stopped.
This school wants to put my nephew in special ed. They want to discontinue tutoring. They have even threatened to fail him.
He's been upbeat and brave this whole year but he's angry and hurt about today's field trip and the upcoming trip to NYC. He is also aware of and upset by the school's talk of putting him in special ed. classes.
My question is, isn't this school discriminating against my nephew and breaking the law? Calls to the school superintendent go unanswered. My sister doesn't know what to do. She is ill with Lyme, too, and is exhausted.
I am so angry about this, and I feel so helpless. I told my sister to call a lawyer, which she did today. The lawyer is to call her back but I don't think he has yet.
Any advice, thoughts, information would be greatly appreciated!
- Lymelady
-------------------- I want to be free Posts: 1170 | From Endicott, NY | Registered: Sep 2006
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posted
If the school wants to evaluate him for special education I would go for it. The family is part of the IEP (individualized education plan) that will be developed and it can be written in that these missed days do not count against him.
The IEP actually offers protections. Check around for an advocate in her area.
It sounds like he would qualify under other health impaired and then his school work would be tailored to his needs.
He shouldn't be kept away from these activities. The school can't push him into a IEP that they family doesn't agree to, this is the chance to get services and accommodations that he needs and protection from this type of thing.
-------------------- Lucy Posts: 342 | From Hawaii | Registered: Nov 2005
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posted
I would recommend having his mom talk to his teacher(s) individually and one-on-one. I would have her bring with her documented studies on Lyme, and highlight the symptoms that your nephew suffers from.
I am a teacher, and for the first time this year had a mother do this. It was very valuable. Her son also has an IEP (from conditions brought on by side effects from chemotherapy that he had over 10 years ago).
As kids get older, seldom do parents, take the time to explain what the kids are going through on a personal level, and how that effects school work. For example, this mother explained how he cannot read and have things put into memory, but if he hear it, he can remember. Also, she explained that he may stare off into space, but he's trying to recall the information rather than not staying on task.
As far as the suggestion to get an IEP....I would say I have some mixed feelings about that. I know you can always sign out of the special education programs so after your son was well....
However, so many children have IEPs now that I'm not sure he would still get the understanding that he requires.
Good Luck!
Posts: 49 | From Holly Springs, NC | Registered: May 2007
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Geneal
Frequent Contributor (5K+ posts)
Member # 10375
posted
Call the school Monday and tell them you want him evaluated for Other Health Impaired.
If he is keeping up with his school work and has no other issues
(Sorry, I know Lyme is a Major Issue), then he doesn't need to be in a Special Ed class.
We don't do that down here anymore unless a child has a major handicap.
Even so, they are mainstreamed into the regular classroom.
An IEP can have "social goals" on it that specifically say participation in
Field trips, school trips, football games, etc. depending on the age of the child.
In Louisiana, they don't offer homebound without starting an eval.
Go figure.
Check with the attorney. Make sure they specialize in Educational law.
My advice is to pursue it. It does fall under the label of Special Ed.,
But then so does Gifted and Talented....which he could be too.
So sad when our system "fails" our children for struggling to be well.
Hang in there.
Hugs,
Geneal
Posts: 6250 | From Louisiana | Registered: Oct 2006
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hshbmom
Frequent Contributor (1K+ posts)
Member # 9478
Please send this information to your sister. I hope you find something helpful.
Feel free to critique the content.
If you are in the midddle of a school year and are having some problems with attendance, you may want go ahead and send a WRITTEN request for an evaluation to your child's school.
It sounds like a 504 plan with accommodations may be all your nephew needs. It takes at least 3 months from the initial request for evaluation to implementation of an IEP. If you do request the referral now, you won't waste 3 months of the next school year trying to get it done. You and your child may feel more confident about starting a new year and dealing with new teachers when you know the 504 or IEP is in place.
If you don't need the plan, you don't have to use it. It is nice to have the plan to fall back on in the event of a relapse. You can declassify your child when you choose.
This is discrimination. The Office of Civil Rights deals with discrimination against students with disabilities. They also deal with violations of 504 plans.
Posts: 1672 | From AL/WV/OH | Registered: Jun 2006
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posted
I had the same problem with my daughter in high school. I did some research on the disability act and sent a letter quoting particular passages.
I cut and pasted passages used in my letter. These passages should be used in an attachment as reference.
The letter was very powerful and got me the response I needed. In fact, for the rest of her high school career the school bent over backwards to provide Nicole with what she needed.
CUT AND PASTE THE FOLLOWING INTO A REFERENCE ATTACHMENT TO YOUR LETTER
"Individuals with Disabilities Education Act"
"Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education..."
"Public entities... are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination..."
"The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs."
"IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student."
"IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion."
"If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency's decision to State or Federal court."
"Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations."
THE LETTER:
Start the letter with a brief description of the childs disability (use the words "medical disability", not illness, sickness, etc.) and diagnosis.
Next a brief description of the improper actions taken against the child.
Next a brief but specific list of the changes and services you desire. Try to find a good balance in tone between insisting (which you must do) and antagonism, such as "The following actions must be taken immediately". Short and sweet.
Next state that the Americans With Disabilities Act provides protection for your child against the actions which have been taken against him.
Next state that the Act mandates that the actions you are requesting be provided to your child.
Next state that it is in direct violation of the Act for any agency, organization or individual to participate in, foster, encourage, or FAIL TO PREVENT punitive response or an atmosphere of hostility regarding the disability or required response to such disability.
Dara
Posts: 93 | From Illinois / Ontario | Registered: Jan 2008
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lymeladyinNY
Frequent Contributor (1K+ posts)
Member # 10235
posted
Wow, thank you for the great responses.
My sister is currently out of town but I will direct her to this thread when she gets home at the end of this week.
My sister spoke to the principal again - seems the principal is apologetic but her hands have been tied by someone. I think Sis needs to find out more.
Again, thanks very much!
-------------------- I want to be free Posts: 1170 | From Endicott, NY | Registered: Sep 2006
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