School district, mother file over boy's ADHD needs
All Joanie Derry wanted for her son was to have an individual education plan(IEP) that takes into account his ADHD. Unfortunately, her son does too well in the classroom to qualify.
It's sad that this situation ended up with in a
lawsuit, but the truly sad part is the lengths that the Manatee County School District went to in order to prevent her son from qualifying for and IEP.
While I'm not sure about the specifics of the case- somehow using ADHD as an excuse for acting out in class rubs me the wrong way- the courts ruling to order the IEP is a just decision.
Qualifying for an IEP for a child with focus problems can have a significant impact on a child's education. Simply the ability to have untimed tests, an accomodation not allowed without an IEP, can make a huge difference for a child that has a hard time focusing. While many students that are allowed untimed tests still finish within the normal time, the fact that they don't NEED to finish within the required time takes a ton of stress off of the test for the child. This made a huge difference in our house, where anything that could reduce the stress before the test made EVERYONE a lot more calm.
We have worked with a number of parents who found that after our program the school wanted to completely mainstream the child AND take away their IEP. If the child is ready, mainstreaming can be great, but we always advice parents to fight to maintain their IEP. Thankfully none of those parents have had to take their fight to court.
For more info on IEP's, check out this site
7 Comments:
I have been following this story. This boy makes A's and B's and passed the very difficult state test two years in a row. The school district did give him a 504 plan that details a plan to deal with his needs due to his ADHD. Why this mother wants an IEP is that only children with IEPs can apply for a special scholarship for disabled students to attend private schools. The scholarship amount varies based on the severity of the individual students' disabilities.
9:37 PM
This child wanted to graduate from his elementary school like his older brother. Manatee discriminated so much against this child the Due process he won is full of discrimination, humiliation and procedural violations. Manatee is in contempt of the Administrative Law Judges order to give this child an IEP. They have 5 attorneys on the case to fight against this 10 year old. They will spend hundreds of thousands of dollars so Dr. Dearing can ruin special ed in Manatee just like he did in Indian River Florida.
12:59 AM
Did the school board write the anonymous comment? What a spin they have put on a nice kid who was fidgety who the teachers put on the wall in the sun almost everyday instead of going to recess!! Having ADHD and getting discriminated against daily is wrong by the teachers.
1:17 AM
Did the school board write the anonymous comment? What a spin they have put on a nice kid who was fidgety who the teachers put on the wall in the sun almost everyday instead of going to recess!! Having ADHD and getting discriminated against daily is wrong by the teachers.
1:18 AM
No, I am not the school board. I am the mother of a multiply disabled child in Manatee County. I realize that a child who gets A's and B's and passes FCAT each year does not need an IEP. If he is given one, it will hurt all disabled children in the county who truly need IEPs by costing so much that all services to disabled students will suffer. In addition, it only serves to drive a further wedge of distrust between school personnel and parents.
I repeat, the only reason the mother is fighting for an IEP is to be able to apply for the McKay Scholarship. That has come out in the investigation. The value of that is from $5,000-$10,000 with which a parent can send her child to a private school. However, considering her son's level of disabilty and success in school, he would probably not even qualify for it. If he did qualify, that would be taking a spot with this scholarship away from a much more seriously disabled child who is not able to succeed in the public schools.
The point is that this child in question has a 504 plan already. *If it was followed*, he would not have spent 100 out of 180 days losing recess. One teacher said she never even saw the plan. The problem is not that this child needs an IEP. The problem is that the teachers need to see 504 plans, and they need to follow them. The IEP is intended for students who are not succeeding under in a "regular" classroom situation or with a 504 plan. He was succeeding with the 504 plan. Look at his grades. He was doing well academically. The 504 plan was not followed as to behavior concerns. It should have been. The answer is not an IEP that may or may not be followed. The answer is to have all teachers be given copies of the plans and for them to follow those plans. That is the central issue of the case and where the fault with the school system falls.
10:03 AM
Anonymous is a School district employee. In order to have specific court information like the 9 year old child was put on the wall in the hot sun 100 out of 100 days is correct. The teachers both 3rd and fourth had the 504! Yet neither chose to follow it. The grade 4 teacher did not to read the 504 and admitted this right before Thanksgiving. 4 months and didn't read a 504 . The 504 is a legal document!!! Also, anonymous forgot to mention the school refused to test this child!! The school refused to change his teacher!! The school refused to change this child to another school that did not penalize kids for moving!!!
The reason the school is fighting this child is the Superintendent who has fought 22 other families at least with children who needed services for neurological problems.
This family is just one of 22 families this Superintendent has brought to court to deny what the federal and state laws say are right for ALL disabled children!
I think I know Anonymous. You were his teacher at Stewart. You are trying to justify what you did to this child and many others by making children sit and wait for you to get off your cell phone and any disruption was punished. Yes we all know you have a disabled child but state and federal laws are for all.
The school board has paid almost $90,000.00 to fight a 9 year old ADHD child who is protected by state and federal laws. The school board are paid more than teachers. One school board member is best friends with the grade 4 teacher!
Interesting what facts you tell and what facts you hide.
Best Wishes to all.
9:30 PM
wow, this dioalogue is ugly, particularly coming from people who ostensibly love children.
I must comment, though, on the woman who maintains that only severely disabled kids need help from the federal government's coffers. adhd kids wrack hell upon themselves and their families, and they really do need help. it is unfortunate that most people, including most teachers in my experience, just don't understand the condition...
what's with the mentality that we can only help those who are at the depths of need and not the ones who are at need, but not as severely. don't we, as parents, as humans, want to help them all?
I'll say also that getting teachers in many schools to pay attention to 504s, particularly as the apply to ADHD is impossible. it appears to me, as a 504 parent that the iep is the only way to have some accountability.
oh, and i'm from chicago. i have no vested interest in this conversation and wish you all well with your children. good god, we should all be rooting for one another, don't you think?
2:31 AM
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