School IEP violation complaint to the state?

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parentofASchild
Butterfly
Butterfly

Joined: 20 Jan 2018
Gender: Male
Posts: 15
Location: Midwest

20 Aug 2018, 1:02 am

Wanting to hear your thoughts & opinions! So my ASD child went to a preschool at the public school for over a year and half. That school's special ed teacher in prek class wasn't good at all. I will list just few of the red flags to make my story short. 1,I would email her in advance when my child is sick , has appointments. After few months, i get a letter from the main office warning me of consequences for unexcused absences. I resolved the matter with the school saying I did notify the teacher every time, maybe about 7 times in a year and she didn't advice me to send absence letter. The teacher didn't even apologize to me and instead says she was lectured by main office blahblah. 2, when i explained to her about potty training we do at home and they do the same at school. He came home with wet diapers. most of the time they just change his wet diaper to dry one . She would lie to me about this.3, She would complain to me about my child's autistic behavior with notes in back pack saying he would throw, drop books or toys on floor while laughing. I consulted with his speech therapist and she wrote recommendation letter for the teacher saying what he is doing is no aggressive behavior, and ways to deal with this , to understand. She got furious and sent me back the letter. 4, During field trips. she would send me note saying one of us has to come or he doesn't need to be sent to school that morning for field trip ride that day and thus no field trip. During 2nd year IEP meeting at school, I raised the issue of not getting support with toileting and no understanding or behavioral intervention support by the teacher even though she was supposed to be special ed teacher who should have some knowledge about autism. IEP was recreated. And his toilet training got improved a bit and I thought maybe now they are starting to do the right thing. I politely warned the principle that I will notify the state board of education if my child is not getting the support he needs as laid out in his IEP. THEN, one morning 2 hrs after class start time, i get an email saying he has a bruise on his cheek. I replied he didn't have it with us until we send him in the bus and something may have happened in the bus or somewhere in school by someone. The next day we got a call from child protection service saying there was a complaint about abuse or neglect and ordered us to get evaluated at a hospital. He hardly had any bruise when we picked him up from the bus that day. The doctors didn't find any abuse and we had to answer to DCFS agent and months later, the complaint got unfounded via the decision. Now we have zero doubt they created something at the school and made this false report to silence us and to forget about their neglect and IEP violation and to make us worry about child abuse case. This was to punish us for advocating for our child by making bogus, intentional false call to DCFS. Then we contacted the principle for meeting to discuss to get to the bottom of this and parents right to know about what happened. She wouldnt reply instead asks us if we want to fix the IEP. Just before the school ended in June, they called us and sends a letter saying he is transferred to a neighborhood school that is one block closer to us then his school and they have same special ed program and they should be better for our child. This really once against surprised us but we thought we wanted to try the new school anyway so we registered him for start in Sep. We have contacted law office and the meeting we set up was to discuss any possible action against the school for violation of his IEP and ignoring parent's rights. We unfortunately can't do much against them for the false child abuse report and we were " unfounded" by the DCFS so nothing to worry.

After reading all the above, you think we should go ahead with meeting a lawyer to discuss action against that school, mainly about iep violation?
thank you



DW_a_mom
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Joined: 22 Feb 2008
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Posts: 13,687
Location: Northern California

21 Aug 2018, 4:47 pm

My instinct opening your email was that you should always work within the school system first, but it sounds like you have passed a point of no return with that administration. I would meet with the lawyer. I am not a fan of lawsuits so I am not going to add "with the intention of pursuing a lawsuit," but sometimes just having a lawyer involved gets a school to jump up, take notice, and sit down with you to figure out how to communicate better and avoid such problems in the future. I hope that will be the case here.


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Mom to an amazing young adult AS son, plus an also amazing non-AS daughter. Most likely part of the "Broader Autism Phenotype" (some traits).