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safety needs vs. truancy laws for special needs kid
Maple Valley, WA
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Posted about 1 year ago in Education
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I am in dire need of help for my special needs son - he is 13 yrs old - and non verbal with autism. The public school LOST my son - he was spotted by a consrtuction worker in the road - school staff had no idea he was missing from the classroom. An aide basically flipped him the bird while I was present. Aide physically man handled my son becuase he did not want to do an academic task. My son came home with scratch marks. Another time my son came home sobbing. I demanded that daily video tape be taken of my child for the entire time he was at school - I recieve a single 25 minute video that shows him laying on the floor, as part of his education. All of these safety have never been reported to the cops or CPS, despite the fact the school staff are required by law as mandated reporters to call them. the latest issue has been the fact that my son seems to be desperate to be out of that classrooom - the school staff report that he is being uncooperative and acting ill -- the staff are upset that I send him to school - and wrote or called me every day stating that I should not have sent him when he isn't feeling well - the school staff claim that he is sick because of headaches, maybe wantingt o grind his teeth and ear wax -- called and asked me to pick him up on 10-30-07 -- the school marked him as ill - I then kept him home - they claimed he was ill - but then after the fact they mark him as truant and file for truancy court -- the court would not order an alternative placement for him due to the fact that he is a special needs kid -- implying that the court would help him if he is non disabled -- now we are set for another court date on may 9th, of 2008 -- this time for a contempt of court hearing - There must be some sort of Civil right for my son to be kept safe -- I can not agree to send him back into a place where all the red flags point to the facts that he has been mistreated and negelcted. WHAT can I do to KEEP my son SAFE?
Cherie - Is this your question? Add additional information Answers (2)
Alec Scott Rose
This attorney is licensed in California.
Posted about 1 year ago.
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I don't practice in Washington, and I recommend that you see an experienced education law attorney in your community. Although I'd like to tell you there is a way to force your local school district to respect your child's rights to a Free and Appropriate Public Education, your District is either unwilling or unable to provide FAPE to a child with your child's needs. Rather than tear your hair out with litigation, speak to your child's doctors about what school districts in your area have good services for your child's needs and move to that District. I know it's not the "legal" answer, and I wish I could encourage you to sue your school district until they follow the laws, but its better for you and your son in the long run to just find a district that's willing to be compliant.
Lana Lea Traynor
This attorney is licensed in Washington and 2 other states.
Posted 8 months ago.
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While I cannot provide legal advice to a non-client, general principals of education law dictate the following:
(a) I assume that your child is on an Individualized Education Program (IEP) because he has special needs, is on the Autism Spectrum and is non-verbal. If he's not on an IEP, then something is amiss here (unless you opted him-out of an IEP). (b) As a child on an IEP, he is entitled to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). No child should ever be lost. Period. I know that things like this (losing a child from a school or a school function) do occur, but he is entitled to safety, first and foremost. (c) A meeting request for an emergency IEP meeting is in order under the facts outlined above. These issues, every one of them, need to be addressed in a systematic fashion. (d) Truancy issue - Something definitely doesn't add up regarding the truancy issue. It's difficult to ascertain what is going on when a child is nonverbal, but does he have some way to communicate his needs? Does he use sign language or a Picture Exchange Communication System (PECs)? How does he communicate with you at home? (e) If it truly is unsafe for your son to be in this situation, then you may have some additional options with respect to returning him that specific setting. (f) Personnel issues - No school personnel should EVER "flip...the bird" to a child. Period. We all deserve (and are entitled to) the same level of respect and dignity, regardless of disability. First and foremost, if I were in your shoes, I would document this complaint in writing and submit it to any and everyone (teacher, principal, Director of Special Education, Superintendent, etc.) who needs to know about this situation. Were then any other witnesses to this incident? If so, I would be documenting that information, too. Good luck. Lana Traynor www.traynorlawfirm.com |
