The adversity was the struggle, for our son and our family, the hardships he endured and the pain we experienced the past year at school, some of which may still remain until change has had time to be realized and implemented on the school level, but the opportunity of equality and the possibility of change is now visible through the investigation results we received today.
Our son had a wonderful experience his first two years at school. He attended a blue ribbon school of excellence school, a school with some really wonderful teachers and students, friends and community members, yet his experience last semester, in second grade, was far from wonderful. Our son has high-functioning autism and had a positive school experience in kindergarten and first grade. He had wonderful teachers who loved him and supported him, and he loved being at school. Second grade was an opposite story for him.
Our son did not have a positive relationship with his general education teacher this year, and after I advocated for a para pro, he was finally given one in October. This person had no training with special needs children when hired. When I questioned the decision, I was told that the system did not have funding to hire someone with special needs qualifications. After receiving the para pro, our son's school schedule and environment immediately changed.
He was removed from the general education classroom daily and taken to the conference room at the front office where he was isolated from his peers and classroom academic instruction. He was not given access to the sensory room or resource room when needed, which were resource settings listed in his IEP. He was not given access to assistive technology services, which were resources listed in his IEP. Our son was not allowed to go on his class field trip with his peers.
It was suggested to us that our son begin a half day school schedule in November, which I agreed to, but there was never an IEP meeting held regarding this decision and his IEP was never amended to reflect this change, even though I asked for an amended IEP. While our son was being confined in the conference room, he was restrained by untrained, non-personnel.
At an IEP meeting in December, I was told that our son could no longer go to school. I was told that he could receive after school instruction or in home care, which I refused.
The lack of resources and the negative, inappropriate school schedule and environment that our son had been placed in daily were the ultimate contributing factors to the downfall of his school experience.
The law states that every child has a right to a free and appropriate public education, a right to be in the least restrictive environment, and a right to be around peers. Our son was not receiving an appropriate education, he was in the most restrictive environment, and he was rarely around his peers.
The law also states that students should only be restrained if they are a direct threat to themselves or someone else, and in that case the approved county hold should be initiated by school employees. Our son was restrained multiple times while confined in a conference room with someone he didn't know, an untrained, non personnel, when he was uncomfortable and wanted to leave the room.
The law states that a child's IEP should be followed, including resources and resource settings listed in the IEP. Our son was not given access to those resources or resource settings.
The law states that any change in a child's academic schedule must be agreed upon by all parties at an IEP meeting and that the IEP must be amended before any change can go into affect. There were changes made in our son's school setting and schedule that were never decided on at an IEP meeting and were never reflected and updated on his IEP.
The law states that every child should have access to extracurricular activities and field trips and that appropriate aids should be implemented in order to allow all children the right to attend. Our son was denied this right, an opportunity that the entire second grade class received.
Take a moment to imagine that this student was your child, and imagine how you would feel. How would you feel if your child was not given the appropriate resources and settings that he/she needed to be successful? How would you feel if your child was confined in the conference room daily? How would you feel if your child was restrained by untrained non personnel? How would you feel if your child was not allowed the right to attend the class field trip? How would you feel if it was suggested that your child should only go to school for half a day? How would you feel if you were told that your child no longer belonged in school? "No child left behind", right?
Now imagine that your child does have a disability and that your child experienced all of this.
Your child was discriminated against for having a disability.
I knew that what our son was experiencing at school was illegal. His rights were being violated.
We withdrew him from school and filed a formal complaint with the Georgia Department of Education and the Civil Rights Division.
Today, I received the results from the Georgia Department of Education.
Through tears I read the results . . . fact upon fact of documented investigation details.
The GaDOE investigated these concerns:
(1) Least restrictive environment (LRE) requirements
(2) Implementation of the individualized education program
(3) Development, review, and revision of the IEP
The findings were that:
(1) The district is not in compliance with regard to LRE requirements
(2) The district is not in compliance with regard to Implementation of the IEP
(3) The district is not in compliance with regard to development, review, and revision of the IEP
The state is requiring that the district shall review and revise its policies, practices, and procedures regarding:
(1) Least restrictive environment requirements, including the continuum of alternative placements, placement decisions, and the provision of nonacademic and extracurricular services and activities
(2) Implementation of IEP
(3) Development, review, and revision of IEP
The district is required to train all administrators, general education personnel, and special education personal at the school on how to implement these procedures through documented practices.
The civil rights division with the US Dept. of Ed is currently investigating improper use of restraint and unnecessary use of restraint on our son at the school.
Opportunity through adversity . . . the negative experiences that our son endured in school and the heartache and pain that our family experienced this year had a purpose, opportunity and possibility at school for all students.
I hope that in the future other students with special needs will be protected in our school system because of what our son endured.
The school district and the school are now being held accountable for their illegal actions by the state.
I hope that in the future other students with special needs will be protected in our school system because of what our son endured.
The school district and the school are now being held accountable for their illegal actions by the state.
For now, I am homeschooling our son, and we feel that this is the best decision for now. We do not know what the next steps are educationally for our son. Until we have seen that policies and procedures for children with special needs have been changed and implemented at our local school, we will not be able to return our son to this school, but I know now that there is possibility for positive change through the implementation of these investigation results.
It takes us as parents and teachers to speak up and voice our concerns. Children with disabilities should not be discriminated against at school. I am thankful that through the pain, we have found purpose in this moment.
It takes us as parents and teachers to speak up and voice our concerns. Children with disabilities should not be discriminated against at school. I am thankful that through the pain, we have found purpose in this moment.
Our son's negative experiences will ultimately create positive experiences for himself and other children like him in the future because we saw the injustices and held the school and the school system accountable.
My deepest desires are that the school and school system do not try to take away another student's right to go to school and that they do not continue to isolate students with special needs in the front office.
Individualized education plans which list resources and resource settings were created for a reason, to ensure that no child is discriminated against and that every child has the right to a free and appropriate public education, a right to be in the least restrictive environment, and a right to be around peers.
Individualized education plans which list resources and resource settings were created for a reason, to ensure that no child is discriminated against and that every child has the right to a free and appropriate public education, a right to be in the least restrictive environment, and a right to be around peers.
We would like to thank our friends and family who have offered us support during this time.
You know who you are.
