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Old 08-15-2005, 10:47 AM   #1
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Default What would you do?????

I'm pissed not at anyone or anything to do with YT. As some of you may or may not know. My stepson(like my own) was killed in a tragic accident on 08/05. We just got back into town on the 12th. My son Ethan who is high functioning autistic missed the entire first week of school due to this and of course he is still upset about his brother, we were in a car accident yesterday I was waiting to pull out of Hardees I went for breakfast and he went with me. I was waiting for the traffic to clear sitting still in Hardees parking lot not moving when a motorcycle did a left hand turn going at least 25-30 mph and slide right into the side of my car destroyed the back door on the drivers side and of course this is where my son was sitting. Well totaled her motorcycle and probably did at least 1500 damage to my car don't know yet. When get the police report I will be calling her insurance company and filing the claim if she hasn't done so by then. Anyway of course the first thing I did was ask Ethan if he was ok he said yes, the police officer on the scene asked if he was ok and he said yes. We gave the officers our information and she told me that I was free to go and that I could pick up a copy of the police report on Wednesday. When we get home and get out of the car the first thing that Ethan says is my ribs hurt. Great, I told him to finish his breakfast and then I took him to the emergency room luckily nothing broken just soreness.

This morning I take him to school to drop off paperwork and see if I need to do anything else where he was gone all week. I was informed when I got there that he had been transfered to another school. I was livid I thought what else can go wrong. He has been at this school since he was 4 years old. I'm not taking this lying down. I'm fighting it. The school they have sent him to will mean an additional bus ride time of 30 - 60 each day depending on traffic. I just don't think he can handle it. He loves school and his teachers and his classmates. I'm just scared to death that he may regress. So I'm fighting it. I'm waiting to hear back from the Autism coordinator but of course she is in meetings all day. My husband thinks I'm making too big of a deal out of this and I told that he was out of it that I would do whatever it took to make sure he stays where he is at. His teachers are as upset about this as I am. I just don't have the heart to tell him that they want him to go to a different school. I'm afraid that he won't like it. I keep thinking why move him from a school that has helped him so much he only has 2 more years there before he goes on to middle school.

What do you guys think? Am I being too emotional or do you agree with me?

Sorry I just still had some venting to do

Sheila

Last edited by shecass; 08-15-2005 at 10:52 AM. Reason: change title
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Old 08-15-2005, 10:53 AM   #2
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No, I think that what you are doing is in the best interest of your son. So much has changed for him right now and probably what he needs most is stability. I just don't understand why they would transfer him. I think if he's doing well at that school then there should be no reason to transfer him.
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Old 08-15-2005, 10:56 AM   #3
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I agree with Ponyup and I like you would fight this transfer. The poor boy has gone through enough. Best wishes for you and your family.
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Old 08-15-2005, 11:17 AM   #4
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Sheila,
Stick to your guns with this one !!! He has had enough trama in the past couple of weeks. With autistic children they don't except change well anyways, right? He needs to feel comfortable in his surroundings and to top that off he only has two more years at this school why make him transfer.... You are not emotional you are thinking of your son's best interest. I guess it would have been a little different if they told you at the beginning of the summer, so you could have prepared him for a change. Don't take this laying down, you pay their salaries !!!
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Old 08-15-2005, 11:19 AM   #5
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What is their reason for moving him to a different school? I'm not saying this to disappoint you but my friend's brother is autistic (somewhat) and also has some other issues that doctors can't seem to address anyways he hasn't gone to a "special school" just special classes in public and private schools (classes that help him in his areas of weakness) not to put the blame on the parents but they shuffled him for school to school b/c of bulling, kids teasing, thinking he wasn't getting the "help" he needed. Everytime things got ruff they jerked him out and put him somewhere new. Now, I do not agree with bullying and teasing kids period and it really irritates me when they mess with disabled kids but in a public school setting it's going to be there. Back to the point, once they finally let him stay in one school he was fine he had the help of teacher parents and friendswhen it came to kids messing with him and things are good for him now (he is 14). I agree you should fight it in any and every way possible. Changing schools could be a big challenge for him. Why didn't they even give you notice ahead of time. I don't think that's right. Please let us know the outcome. (Sorry for the long story)
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Old 08-15-2005, 11:40 AM   #6
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this is totally wrong........... i speak from experience, i have WORKED in autistic clasrooms and also as a one on one with an autistic child. autistic children DO NOT deal well with change, was there any reason for the change of schools???? is this a special ed school or is yorue son mainstreaming into regular ed classes? You dont need to stop at the autism coordinator, you COULD go above her head and go to HEr superior. I dont know what the specification are in youre district but in california we haev a "schools of choice" program which ENABLES you to choose which school you would like youre child to go to (the only exception is that YOU have to be responsible for getting them to school........ HOWEVER, because youre child is autistic the district MUST provide transportation)....
an important thing is to relax..... by getting pissy and irritated you are only going to get attitude back at you , so remain calm....... i think that you will probably be able to get him to stay at the school he is at given the circumstances.......
so why did they transfer him anyways? and are you going to go ot the insurance company with "injuries" ????
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Old 08-15-2005, 11:46 AM   #7
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I think you're doing exactly what you should. You had a family emergency to take care of and if the school doesn't understand that...then they are in the wrong profession.
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Old 08-15-2005, 11:53 AM   #8
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Quote:
Originally Posted by kp&nala
What is their reason for moving him to a different school? I'm not saying this to disappoint you but my friend's brother is autistic (somewhat) and also has some other issues that doctors can't seem to address anyways he hasn't gone to a "special school" just special classes in public and private schools (classes that help him in his areas of weakness) not to put the blame on the parents but they shuffled him for school to school b/c of bulling, kids teasing, thinking he wasn't getting the "help" he needed. Everytime things got ruff they jerked him out and put him somewhere new. Now, I do not agree with bullying and teasing kids period and it really irritates me when they mess with disabled kids but in a public school setting it's going to be there. Back to the point, once they finally let him stay in one school he was fine he had the help of teacher parents and friendswhen it came to kids messing with him and things are good for him now (he is 14). I agree you should fight it in any and every way possible. Changing schools could be a big challenge for him. Why didn't they even give you notice ahead of time. I don't think that's right. Please let us know the outcome. (Sorry for the long story)
Gwinnett Co GA has a wonderful special needs program in the public school system so he goes to a regular school just the special nedds(special ed) but, all of his needs are being met here and they have been since he was 4 he is now 9. All the kids interact with the special needs classes and help out he goes to a regular class room every day for at least an hour a day. The other kids are wonderful with all of the special needs kids, they are used to them being there and it's a normal thing for them, not like when I was in school, we had no interaction with our special ed students.

Ethan has no other issues that can't be met at this school his main problem is speech and social skills which both are steadily improving he's not mean to the other kids, all the staff brags on him all the time about how polite & sweet he is. Of course he has his moments just like other 9 year olds.

Their reasoning and I have yet to talk to the coordinator that did this we've been playing phone tag. Is he is not in his home school but he is in his home cluster school meaing that there are 3 or 4 different elementary schools in this area and when the kids graduate to middle school they all go to the same one. Now he is in a totally different cluster. I still don't completely understand but I'm not going down without a fight. I talked to his teacher when I picked him up, he was at his regular school today not the new one and she told me it was a complete and total shock to her and she told them that I would not be happy and that I would fight it. So, I'm fighting it tooth & nail, I definately will not go down without a fight.

I'm not sure why I didn't get notice ahead of time, and that is going to be the first thing I ask and if I don't like the answer than I'm afraid I'm going to go off.

Sorry this is so long.

Thanks for listening.

Sheila

Last edited by shecass; 08-15-2005 at 11:57 AM.
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Old 08-15-2005, 12:01 PM   #9
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Quote:
Originally Posted by orinskye
this is totally wrong........... i speak from experience, i have WORKED in autistic clasrooms and also as a one on one with an autistic child. autistic children DO NOT deal well with change, was there any reason for the change of schools???? is this a special ed school or is yorue son mainstreaming into regular ed classes? You dont need to stop at the autism coordinator, you COULD go above her head and go to HEr superior. I dont know what the specification are in youre district but in california we haev a "schools of choice" program which ENABLES you to choose which school you would like youre child to go to (the only exception is that YOU have to be responsible for getting them to school........ HOWEVER, because youre child is autistic the district MUST provide transportation)....
an important thing is to relax..... by getting pissy and irritated you are only going to get attitude back at you , so remain calm....... i think that you will probably be able to get him to stay at the school he is at given the circumstances.......
so why did they transfer him anyways? and are you going to go ot the insurance company with "injuries" ????

I haven't really figured out why they are wanting to transfer him. something about a new class that with Ethan there is 3, if he were having issues where he is now and not thriving I would not say anything but he's not he has improved by leaps and bounds every year. Anyway I did met with the other teacher this morning and told him, this has absolutely nothing to do with him or his school I just felt in my heart that Ethan needs to remain where he has been ever since he has been in school, and that this is not a personal attack to him.

I'm not stopping there. I'm trying to remain as calm as possible and not have an attitude and just emphasize what I want done and that I'm not giving up. She dosen't know my child and what he is and is not capable of to her he's just a number or a statistic. I have to admit they have a wonderful special needs program in the public school system. Ethan has been in it and the same school since he was 4. I will probably have to go through all kinds of meetings but I will do whatever it takes. My husband thinks I should just let it go. I told him I can't that I will do what I have to and he can just stay out of it.

Last edited by shecass; 08-15-2005 at 12:04 PM.
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Old 08-15-2005, 12:04 PM   #10
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Deffinatly see if there is a schools of choice program in youre district, and they should have given you notice , that is so stinky i hope you can "win" although i dont see how they can deny you....... if all else fails then you can claim that "only the facility of such and such has the ability to deal with my childs needs" (this works all the time with our interdistrict transferrs) goodluck
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Old 08-15-2005, 02:04 PM   #11
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Sheila, I'm so sorry you're going thru all this. It sounds like you have gotten some great advice above. I'd fight it. I'm not a professional, just a mom, but your son has been thru so much in such a short time. Let them know you're fighting it. Find out what the procedure is to do that. And don't back down. I don't know why, but sometimes husbands are too laid back about these things. Mine is the same way.
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Old 08-15-2005, 02:28 PM   #12
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THEY CANNOT TRANSFER HIM WITHOUT AN ADMINISTRATIVE REVIEW IT IS ILLEGAL!!! The law is very clear a handicapped child cannot be removed from his/her educational setting until there have been approriate administrative reviews. There is a law called the Education of the Handicapped Act, included in this law is a stay put provision, 20 U.S.C.A. § 1415(e)(3), it is very clear he cannot just be removed at the school's wimb! If there is a modification to his educational plan that is substantial it warrants review, if you get administrative review and are displeased with the outcome then he is still entitled to stay in his school pending an equitable review by a district court. YOU HAVE EVERY RIGHT AND GROUNDS TO FIGHT THIS!!!

Tell them you are aware of the law and you are getting an attorney that specializes in special education law! That may get them to back down.

If not I do reccomend an attorney damage awards in these types of cases are often high enough they are taken on contingency basis and because they have the potential to produce public impact litigation attorneys love them...

I know of one firm in Georgia that handles this:
Gray, Rust, St. Amand, Moffett & Brieske LLP
Atlanta, Georgia 30309
(404) 870-7376
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Old 08-15-2005, 04:20 PM   #13
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Quote:
Originally Posted by Bruce's_Mom
THEY CANNOT TRANSFER HIM WITHOUT AN ADMINISTRATIVE REVIEW IT IS ILLEGAL!!! The law is very clear a handicapped child cannot be removed from his/her educational setting until there have been approriate administrative reviews. There is a law called the Education of the Handicapped Act, included in this law is a stay put provision, 20 U.S.C.A. § 1415(e)(3), it is very clear he cannot just be removed at the school's wimb! If there is a modification to his educational plan that is substantial it warrants review, if you get administrative review and are displeased with the outcome then he is still entitled to stay in his school pending an equitable review by a district court. YOU HAVE EVERY RIGHT AND GROUNDS TO FIGHT THIS!!!

Tell them you are aware of the law and you are getting an attorney that specializes in special education law! That may get them to back down.

If not I do reccomend an attorney damage awards in these types of cases are often high enough they are taken on contingency basis and because they have the potential to produce public impact litigation attorneys love them...

I know of one firm in Georgia that handles this:
Gray, Rust, St. Amand, Moffett & Brieske LLP
Atlanta, Georgia 30309
(404) 870-7376
yeah but are the laws the same from state to state?....... could you list a website on these laws in the state where she is from? that way she can print it out and throw it in their face
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Old 08-15-2005, 04:40 PM   #14
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I would fight for my kid and I do all the time! Why are they moving him?
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Old 08-15-2005, 04:42 PM   #15
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It is a federal law. Every state MUST comply in order to recieve federal education $ http://www.law.gwu.edu/Burns/Researc...b+Research.htm

You can find most federal statutes thre, but you really have to know the case law to understand how the laws are interpreted, later I could try to find some on westlaw.
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