[Lorraine123]

My dd's psychiatrist and therapist have written a letter to the school stating that some of the things they are doing are detrimental to her mental health and dangerous for the other kids. The school refuses to stop their actions. They are saying that they have their own psychologist and therapist and they see no problems. Can the school directly go against what a psychiatrist recommends? Does any one know of any way I can enforce what is best for my child?

[athikers]

A lawsuit to get the specific actions written into her IEP against the schools wishes. That is all I know to do... and look dreadfully on toward the day when I will be doing exactly that for my son.

[stevenstwin]

Originally Posted by Lorraine123

My dd's psychiatrist and therapist have written a letter to the school stating that some of the things they are doing are detrimental to her mental health and dangerous for the other kids. The school refuses to stop their actions. They are saying that they have their own psychologist and therapist and they see no problems. Can the school directly go against what a psychiatrist recommends? Does any one know of any way I can enforce what is best for my child?

May I ask what kinds of damaging things they are doing? With our kid, it was fairly minor stuff - like getting them to stop the charts/stickers/ rewards system they'd been using for 9 years (completely unscuccessfully, go figure) and teaching them not to take anything he said at face value. I think that would have been regarded with suspicion if I was not already a teacher in the same school - you know, the whole thing about "if I tell them my child is a liar, will they assume I'm trying to hide something?"

[Lorraine123]

She is currently in a self-contained classroom. They have mainstreamed her for two classes and are planning on mainstreaming for another one next month. She sexually acts out and tells us what she plans to do to the other kids. She admits it to her psychiatrist and therapist, but at school she denies it. They refuse to listen. I have given them a signed letter from both the psychiatrist and therapist stating that they do not recommend mainstreaming due to safety.

[ajjhmf]

Lorraine,

I wish I knew what to tell you. You might try calling julie B. at ATN and get her take. She seems to know the IEP rules fairly well.

[crick]

What you might consider is getting the letters from your team and sending them to the district team. Let them know the school's team is not following the plan or your wishes regarding your dd.

Since the school has been an uhmmm..."frustration" since the beginning, it might be time to just go to the district instead of even hassling with the school anymore. They've clearly shown they don't feel there's a safety issue. I bet the district won't like hearing from you that if other kids are at risk due to the school's incompetence and refusal to implement the safe procedures that you will have to personally notify each and every parent at the school.

[MamaS]

Crick has a good idea. If you want to take it a step further, have your lawyer draft a letter saying that your child's psychiatrist and parents know she is a danger to other children in situations A, B. and C. Therefore, if the school insists in putting your child in those situations -- against your wishes and against the advice of the psychiatrist -- then the school administrators and also the school system accept total legal and financial liability for any injuries to your daughter or to other students. Threaten the pocketbook and they will sit up and take notice!

[Lorraine123]

MamaS - I have given them a letter to sign saying that I am absolved of any liability and they are taking on all risk. They refuse to sign it because they say there is no risk.

[saranbr]

If this were me, I'd have an attorney draft a letter to the school stating that they are violating the professional recommendations of your daughter's team and then send copies to the school and up the chain to the superintendent and well as whoever is in oversight of them at the state level.

[Barksum]

Um...if there is no risk, why not sign??? These people make me want to poke a finger in their chest, get nose to nose and then kick them in the shins.

Wow. I never thought I was all that violent of a person.

[teacher-mom]

Due to Federal mandates and now state counts requiring certain percentages in each catagory, the school district is required to attempt "least resrictive environment" for students, obligating them to allow all students as much contact with their general education peers as possible. However, some students are not safe in a general education environment either personally or to others. If your daughter presents as a sexual predator, she might be more at risk of offending with the potenially non-verbal, less functional students in a life skills class than her general education peers. I have seen sexually acting out or predator students be successful with a 1:1 para support in the past. This said, if you are in conflict with the IEP team, here are some steps you can try.
1. Bring in knowlegable peer support, such as a PAVE advocate.
2. Request mediation with an out of district mediator.
3. Contact your state Dept. of Education Special Education office and find out if they have an ombudsman or parent advocate service they offer.
4. Go on-line and try to find a lawyer who specializes in Special Education law and have him/her work with you.

Before you start, I would offer the team a very clear idea of exactly what you feel her day should look like and why. Keep in mind that you might not know who else is in the self-contained classroom and why they might want her somewhere else. Perhaps there is another sexual offender there or a victimized child. In my opinion, there is usually a way within the legal perameters to have a successful program for a student. Some teams are better than others! Good luck.

[stevenstwin]

Completely irresponsible. And can you imagine if you were a parent with a child in that class? I can hear it now - well, the parent warned us she'd do this, but we ignored her, and now your child has been harmed...

[Lorraine123]

I think part of my problem is that I DO NOT want her in the least restrictive environment. So I am going against what is normal. Most parents are fighting for the opposite. I am throwing them for a loop.

I was referred to a Special Education Law Center in my state, and I put a call into them. They should call me back this week and I am interested in hearing what they say.

I want one of two things: 1. Keep her self contained with a one on one aid, or 2. Have the school sign a document that they are knowingly going against what her team of professionals recommend.

So far, they refuse to do either.

I guess I want to know if I am making a ridiculous request. The school says that I am. They say that the public educaton system doesn't work that way, but I can't get a clear answer on how it does work (I am suspecting it goes back to least restrictive environment).

[zebramom]

I don't think you're being unreasonable in the least. I think you are being a responsible, well educated parent!! I also agree with Crick. Go over their heads. As Jenny said, talk to Julie. She knows the laws inside and out.

S is just plain scary. She is a master manipulator and places both adults and children in danger every day. This is how good sociopaths are made. They manipulate people by being charming. That's why Ted Bundy was able to kill so many women. He was charming and they willingly went with him because they didn't see him as a threat. Even his best friends had no clue what he was truly like. They (the adults at the school) are teaching S how to be like him. You are absolutely right to advocate for her safety as well as the safety of the other children. It's called being a good and strong mom, and you are!

[ajjhmf]

I just had a thought.

Every time they mainstream her, it SHOULD be considered a Change of Placement. I have ALWAYS had to sign off on those. Are they having you do this? If not, they may be in violation of her IEP.