My daughter complained of a student touching her inapropiately i complained and the school did nothing instead they suggested I put my daughter back in the same class to see how she acts when I refused to allow that they offered to switche her from that class room or the school all together! I feel as if they don't believe her and changing her class is almost like punishing her she has Autism
(Aspergers Syndrome) she absolutely loves her teacher why subject her to change if she spoke out? I'm confused on what to do next.. And jst so we are clear she is a pre k student!
As a student with special needs, your daughter has the right to a free, appropriate public education (FAPE). If she already has an IEP and the class she is in is the only one that can provide FAPE for her, she has a right to stay put and have the school correct the problem that is reducing her ability to access the services in her IEP and progress in her educational development.
If it is a special needs class, the student who touched her may have similar rights. If the touching was a one time thing and is something that the teachers can prevent from happening again by being extra vigilant, providing additional classroom aides or addressing it with the other student through a positive behavioral intervention plan now that they know about it, they may not be able to move him either.
If what the other child did to your daughter has caused her not to be able to function in the classroom, despite the support of having a teacher she loves, you should ask the special education department to convene your daughter's team to figure out what changes are needed that address your daughter's right to stay put in the placement that provides FAPE while minimizing the risk that she will be inappropriately touched again.
You should also discuss the touching with your daughter's psychologist, neurologist or pediatrician to determine if they agree that changes are necessary to keep or put her back on an even emotional track. It may be that the touching was more disturbing to you hearing about it as a concerned parent than it was to your daughter. She might feel she was being punished by having the other child removed from the class.
If you are unclear about how to go forward, you should consider hiring an educational advocate or a special ed attorney in your area. You can find more information about special education law and a listing of special ed advocates and lawyers through the links in the Special Education section of the Web Resources page of my website, linked below.
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