A fresh start

We moved to a new school district and things have been so much easier where we live now. Though we are about 15 minutes from our other school district the difference is night and day. Aidan has been adjusting well to the changes. We truly couldn't ask for anything more.

Aidan is happy playing soccer this season and of course going to school at the same place he did before. He has a new teacher this year and about 5 classmates in his classroom.

We are blessed.

Mediation

I cannot say much of anything except to say that I no longer need funds for Aidan's defense fund :)

Our school district sued my son. He has autism.

Our school district sued my son. He has autism.

The Alta Loma School District is suing my six year old son who has autism and needs special education classes. They are also suing my husband and me.

I got the notice a few weeks ago. The school district wants a judge to declare that the district offered my son what federal law says it must provide him: a free, appropriate public education in the least restrictive environment.

One of the difficulties you run into when writing about the education rights of disabled children is that the real importance of these issues can get lost in all the official language and alphabet soup.

So I’ll try to explain as simply as I can:

Federal law says a child in special education is to be provided a free and appropriate public education. This education should be in the least restrictive environment. There are a lot of rules that determine what’s free, appropriate and least restrictive. That last term generally means that a child in special education should have the chance to learn alongside his non disabled peers to the greatest extent possible.  

Next step: When a child is in special education they are supposed to get an Individualized Education Plan each year.

The plan is both a legal document as well as a blueprint for the services the special education child will receive, and where and with whom the child will go to school. The plan is supposed to be written with contributions from all the planning team members. That team is normally comprised of parents, a general and special education teacher, a speech therapist, an occupational therapist, a special education director, a psychologist and sometimes others.

But these plans become the subjects of disputes between school districts that want to minimize their spending, and parents, who want an appropriate educational opportunity for their children, without going broke providing it.

When my son’s plan was presented in April, the district’s special education director made an offer for a school placement which she considered to be both a free and appropriate placement in the least restrictive environment.  Rather than signing the plan at the meeting I always go home and after rest re read it.

All parents should as well. The parent has the ultimate power to sign the plan and with some options: The parent may agree wholly to the plan; agree somewhat to the plan, taking certain services and agreeing to them and not others (like an a la carte’ menu) or disagree with the plan.

My husband and I agreed somewhat to the plan agreeing to one service and not agreeing to the rest of the offer.  We agreed to a service of Applied Behavior Analysis. We did not agree to placing him at a county school because we do not feel it is appropriate for our son, nor do we feel he is likely to receive any meaningful educational benefit in that placement. 

We currently have our son in a non public school. Here he has daily interactions with children who do not have autism from local charter and home schools, he uses touch screen computers, assistive technology, and highly educated people work with him one-on-one, which is something he requires. We are not asking our son’s school district to pay for this school. We have written to the district letting them know that our son was at this school.

On May 19, 2010 we received legal papers in the mail. It was a due process filing from the school district’s attorney, evidently to obtain a judge’s declaration that the school district’s offer was sufficient – that is, that it was free, appropriate public education in the least restrictive environment.

Our reaction to this is frustration and anxiety.  If we want to attend the hearing with an attorney we must spend money to retain one and this is money that we obviously haven’t budgeted for. Life with a child with special needs is already filled with complications and adding harassment and retaliation from a school district would obviously increase stress for a family.

So the district is choosing to file against my family and spend money on attorneys to sue us rather than to wait up to two years to see if we will file due process against the district.

And here’s what hurts all of us whose children need special education: The money that is used on attorneys to sue a family comes out of special education funds. 

This means that in the district’s quest to make certain that they can cover themselves against a potential future due process filing by my family they are, in essence, taking away taxpayer dollars designed for special education programs and services and using these dollars instead on law firms and attorneys to sue a family such as mine.

What are your thoughts on this? If you are going through this, or have questions about this process, I’d be pleased to chat with you here on The Freeway.

Rally to Promote Change of Leadership in San Bernadino County Superintendent of Schools

On Saturday May 29th from 2 to 3 PM parents residing in San Bernadino County came together in Rancho Cucamonga to rally for change in education and vote out incumbent San Bernadino County Superintendent of Schools, Gary Thomas. Though Gary Thomas has been touted by various news outlets endorsing his campaign for his “financial oversight” and vast experience in the “financial realm” parents in San Bernadino County know better. Gary Thomas runs the San Bernadino County Schools with a lack of transparency, wastes tax payer dollars and is fiscally irresponsible. Our message as parents to those who desire fiscal responsibility and a transparent government is this: when you go to the polls to vote for a San Bernadino County Superintendent of Schools, throw incumbent Gary Thomas out!

RALLY to Promote Change of Leadership in San Bernadino County Superintendent of Schools May 29th 2 PM Rancho Cucamonga (Haven and Foothill)

Join us for a RALLY to Promote Change of Leadership in San Bernadino County Superintendent of Schools

Saturday, May 29, 2010
2:00- 3:00 p.m.
North East Corner of Haven & Foothill (by Panera), Rancho Cucamonga


The following occurred under GARY THOMAS, current Superintendent of San Bernadino County Schools:

WESELPA (West End Special Education Local Plan Area) in Rancho Cucamonga, California agreed to continue at non reduced rates the contracts with three law firms that are contracted with the sole purpose of litigating against special education children and their families. Last month the WESELPA cut by 2% their contracts with Non Public Agencies as well as Non Public Schools for children with special needs.

One of these law firms, Fagen Friedman and Fulfrost, has a foundation rooted in deceit and poor ethics as well as school district/SELPA and therefore taxpayer dollar waste.

WESELPA and Alta Loma School District decide to pursue litigation against a family that is not asking for anything. This is a waste of taxpayer dollars. YET, WESELPA reported at the Community Advisory Committee (CAC) meeting that California is looking at a “$3.8 billion special education funding shortfall.”

The Daily Bulletin endorsed the campaign of Gary Thomas for County Superintendent because of his “financial oversight” and vast experience in the “financial realm.” PARENTS OF CHILDREN WITH SPECIAL EDUCATION CHILDREN KNOW THE TRUTH! A VOTE FOR GARY THOMAS IS A VOTE FOR FISCAL IRRESPONSIBILITY!!!!

Time to throw the incumbent Gary Thomas out of office!

Vote Art Delgado Superintendent of San Bernadino County Schools!!!

Children are WELCOME!

Education industry lobbies Congress in favor of seclusion and restraints for children

Education industry lobbies Congress in favor of seclusion and restraints for children

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Embryonic Stem Cell Research Vs In Vitro

I have been thinking a lot about how embryonic stem cell research is really all that different from those who do in vitro fertilization. Obviously to perfect in vitro fertilization I am certain some "fetuses" had to die during the research process. The scientists probably said it was for a greater good because ultimately they would be able to help create babies and push them into existence and help millions of parents worldwide with their research and technology. How is this any different than embronic stem cell research? The one person I know doing this in India for instance used only one embryo for her research and has duplicated from that to help thousands of people with their diseases ranging from MS, diabetes and more. Why is it morally correct to the vast majority of Christians to utilize in vitro but incredibly morally incorrect to utilize embryonic stem cell research? Is this once again an example of what I have heard others call "love the baby, hate the child?" I am not convinced that either of these is something God has an opinion on but then again I didn't hear him speak too often of autism either in the Bible. Then again vaccines were never mentioned but they are often widely taken on as gospel by all. I was one of those. Like sheep the slaughter, Anyway of this I am sure, God has a plan. He uses all for his glory. What that will ultimately be in either of the two modalities above we shall see.

Made it through the Holidays, just barely!

Well this year I asked my mom during her annual cookie day to see if she could look up a recipe that would work for Aidan and by golly she did! I am very proud of her and this first step she made. We will have to perfect the ingredients list a little better next year (coconut oil and no oatmeal) but overall it was lovely to have her step up and research a recipe and complete it just for Aidan.

The holidays were not so horrible. Thanksgiving we went away to Knotts. And Christmas we went to my parents Christmas Eve to have a feast I brought over from Trader Joe's, tamales and beans and chips and salsa. And Christmas day was the toughest at my aunts for a feast mostly none of which Aidan could have including tons of deserts all except his cookies he couldn't have. Keeping him away from the low table of these was hard. We had some external external family show up and something happened that was disturbing to me and reminiscent of my youth: every family but mine the kids were invited over for a sleep over. That was a bummer. This happened at my Christmas eve with my dad's side pretty much every Christmas where plans for a Big Bear trip not involving my family was discussed across the table in detail between the other brothers and sisters but not my dad. I am trying to decipher whether my son wasn't invited because well plainly he has autism and would be a handful and I would've said no anyhow etc etc or because simply they are just plain rude. Probably a mixture of both I suppose. What can you do. We didn't stay too long made it through food and opened presents outside with the kids and took some photos and that was our Christmas day there. Aidan did well overall.