Not making any progress

[ohmama]

Does anyone know how IEP accommodations can be affected by budget cuts? We live in Oregon where there have been many cuts to the normal classroom programs. Teachers were laid off, there is no school psychologist anymore, the computer center is on limited availability, many programs cancelled, they've even had to shorten the school day, etc. Now I am told everytime I ask for something that due to budget cuts, nothing is available.

Specifically, I asked to see what self contained classrooms were available to help with the problems we are having in a large classroom. They are over crowded so none are available. There are too many distractions and it is impossible for fireboy to concentrate or learn anything. He spends most of the day in the special ed room with work that is at 3rd grade level, he's in 5th grade. I know he can do better but every time he acts out in the regular class he gets sent to the special ed room, it's like a punishment.

He's not learning anything. He doesn't have any homework. His twin brother who has homework thinks this is not fair. I'm more concerned with him being left behind and wonder what I can do about it when all I hear is "there's nothing we can do because of the budget cuts" or his behavior is so bad that it's preventing his learning.

What should I be asking for to help him with these problems? His IEP is very vague right now. Are the budget cuts a legitimate reason to ignore his needs?

[adhdbpmom]

Ohmama,
I'm not sure but I don't think that this is legal. The law states that he has to get an appropriate education. Giving him 3rd grade work instead of 5th doesn't sound right to me. I would call your state board of education and ask them what should happen and what your rights are. I live in Texas so laws are somewhat different. I do know that here they must be educated in the least restrictive environment. Before we moved my son to a new school with an adaptive behavior program his old school had to provide someone else in his class to help when he had outbursts. Even at the new school he gets most of his work in a regular classroom.
I hope you get some help with this soon.

[Mayleng]

Ohmama, no budget cuts are not good reasons. Your son is entitled to a Free and Appropriate education. Obviously when he is in 5th grade and doing 3rd grade work is not FAPE. To learn more about your rights go to www.wrightslaw.com and www.reedmartin.com

To keep sending him to the Resource Room as a punishment is not right either. If he needs RR, then let them put it in the IEP with the appropriate program for him and the times he is supposed to go the week etc.

Read up on your rights, and then call an IEP meeting and put in measurable goals and programs. If behavior is a problem, you can request they do a Functional Behavior Evaluation and come up with a Plan to address this.

[dmom32002]

You need to ask for the functional behaviour assessment for sure. Even if it is things that shouldn't
be considered behaviour, like getting up out of seat.

I would also contact the special education department
of Oregon, I would look on the net for the phone number and call. Also send a email. Explaining that
they tell you nothing is available because of budget
cuts. I'm guessing they will want it written down,
and i would say at that point you might need to
send a complaint.

ITs definately not a FAPE, or THe Least Restrictive
Environment, hmmm, and hmmm, he doesn't
have a Individualized Education plan either.

And gosh they haven't even touched modifications,
and accomodations,

Let me know if you want the Oregon Advocacy
group, I'm having trouble finding my list but
will locate it.

[e-mail]
[e-mail]

donna

[ohmama]

Thank you for all the excellent advice. I need to spend some time on wrightslaw.com! I have a meeting set for Monday and have requested the two teachers and the head of the special education district office to attend so we can get down to some problem solving. The man who is the head of special education knows my fireboy, he was the wonderful principal at our school last year till they promoted him to where he is now. I always liked him and found him to be very caring so will see what happens.

[d]

ohmama also remember that if it's not in the IEP they don't have the pressure to legally comply with it. Sometimes that is a big part of their resistance to comprehensive documentation.

(and lack of funding is a *completely* illegal reason - even my stupid district isn't stupid enough to actually say that)

d, whose dd has a 504 consisting of ONE sentence listing 4 accomodations

[Mayleng]

Ohmama, kids with IEPs (in Special Ed) are funded separately and the school gets additional money for them. As d. said, using lack of funding is illegal.

[dmom32002]

And if its in the IEP that he/she gets this and you
can prove they aren't doing it. ITs a complainable
issue. To file with the state. The state then makes
the decision.

I filed a complaint last year, the last few days of
school. I didn't realize how extreme it was till
then, I filed on speech therapy. Mainly because the
therapist couldn't wait 5 minutes to hear the VNs
voice. She also hadn't done therapy in over
3 months, but he had so many doctor's appointments
I didn't realize he got none.

I won lots of hours I'm guessing 72 hours

donna

[LurkNoMore]

Wouldn't this also qualify as violating "no child left behind"...I'm not totally familiar with it except as a "buzz word" but I'd look into that too.

sounds a lot of what we went through last year with C...he was sent to the principal's office or RR when he wouldn't do his work. His teacher didn't know how to "handle him" and, therefore, basically ignored him. Luckily, he is very smart and reads a lot, so he didn't lose too much education-wise. this year, he is in self-contained and I am seeing a world of difference in how and what they are teaching him (they are giving him the skills he will need to succeed).

Good luck, I hope your old principal will be able to advocate for you...

[d]

Mayleng said:

Ohmama, kids with IEPs (in Special Ed) are funded separately and the school gets additional money for them. As d. said, using lack of funding is illegal.

The problem is the federal funds usually don't cover the sp ed expenses. Say the feds kick in $100 for the 3 sp ed qualified kids in ADHD Elementary School. The kids' sp ed services cost $90, $150 and $160 for $400 total. The fed gov gave the school $300 leaving the school to fiscally manage that $100 difference - e.g., take it from other areas, low/no cost inventive solutions, etc.

If the school doesn't comply with an IEP, they risk their federal funding. But I don't think that's limited to sp funding, it may be *all* federal funding.

So the wide gray areas are does a child need an IEP and if so what services really have to be documented on it. That's where the happens for all sorts of reasons - agenda & ego, knowledge base, the human factor, how the states interpret broad federal law into specifc guidelines and definitions, minimize services provided, etc. Some schools are amazing, some ok and some are nightmares.

[ohmama]

The meeting went well though it was too short to discuss everything. My old principal was wonderful. He dug up a psychologist and arranged for her to come to the meeting. She also spent a day observing fireboy in both classes and at recess. I wasn't aware of this but it was all because of the wonderful principal pulling strings, he has more power now with his new position although he is the kind of person who can get things done just because of his reputation for caring about the kids. He's one in a million and has never let me down.

This psychologist will be working with the teachers and setting up a positive reinforcement program to help fireboy. She will also meet with fireboy once a month to check on things!

There's more to tell but the husband needs the computer so I have to get off.

[dmom32002]

Man things is make sure that they follow through.

It sounds good, and that makes it easier.

donna