BLOG
This question was originally posted on www.avvo.com.
Question:
My son is disabled and we have been having a problem with our school system. He has a special ed teacher that has said statements to him like "you will never get your driver's license because you can't read" "you will never get a job because you are too lazy and don't know how to do anything" there has been many other comments. I'm just wondering if I have a case?
My son is 5 yrs old and now in Kindergarten. He was just recently diagnosed w/ selective mutism. He struggles at school socially, I addressed this concern with the head start program last year, they continued to pass it off as shyness. He went the ENTIRE year without speaking to the teacher and/or social worker. The head start program is meant for "early intervention" yet no screening took place. I am concerned for other children who may be experiencing this same problem, tax dollars and/or county money is used for this early intervention program yet they are not properly screening and/or detecting issues that are of concern. Please advise, any help is appreciated.
Federal law provides for expedited hearings in certain situations. In Massachusetts, The Bureau of Special Education Appeals determines whether expedited status should be granted to all or some of the issues. If there are any remaining issues, those will be processed on a non-expedited track. Whenever possible, both cases will be heard by the same Hearing Officer
The Individuals with Disabilities Education Act (IDEA) and its Massachusetts equivalent provide children receiving special education numerous rights and protections. These and other statutes, regulations, and decisions constitute special education law. But the law is only effective if it is enforced.
My son has an autism spectrum disorder. He has problems, and is not in the appropriate special ed class, despite a request to change. He has had CPS called because of issues that are related to his problems, more than once. He has trouble with appropriate urination, which is common in autism, and he has had times where he has been told he stinks even though he has showered and his clothes directly from the dryer. They say it is cat pee, and while we have cats, this isn't the problem. I do everything I can to make sure he doesn't "smell" before he leaves.
The Article:
Sensory processing disorder is real to thousands of kids - The Boston Globe
My thoughts:
I am interested to know what kind of services, if any, Ana receives from her public school. The Individuals with Disabilities Education Act (IDEA) and its Massachusetts equivalent seems like it should apply in this case. I am a special education lawyer and help children like Ana and her parents advocate for their legal right to free and appropriate education. While a DSM addition would certainly help children like Ana receive appropriate accommodations, it is not legally necessary.
The Massachusetts Department of Public Health will hold public hearings on their proposed deep changes to early intervention programs, including increased parent participation fees of 6x (600%), eligibility requirements raised to 40% delay (instead of 30%), and as much as 50% delay in expressive language.
