This is not a new thing. Parents and advocates struggle every day to get children with special needs the education that they deserve under the law of this country.
The law most pertinent for our kids is a law called the Individuals with Disabilities Education Act. This law governs how special education services are administered to our kids. It addresses the educational needs of children with disabilities from birth to age 18 or 21 in cases that involve 14 specified categories of disability.
The IDEA is "spending clause" legislation, meaning that it only applies to those States and their local educational agencies that accept federal funding under the IDEA. While States declining such funding are not subject to the IDEA, all States have accepted funding under this statute and are subject to it.
This is important to remember, because services varying from state to state, and school district to school district. Nonetheless, all districts that take this money from the state, and therefore, the federal government, and are subject to these laws. For instance, Mishayla attended, while we were living in Nevada, a wonderful program in a school district in the Carson Valley, just south of Carson City. But I was told by teachers that in the city of Carson itself, and the city of Reno, schools were stressed for resources and not as good. So it can be just a few miles that make a difference to what kind of an education a special needs child can receive.
When Mishayla was going to school in California, money was the issue. No money for this, no money for that. Now, we all know that California school districts are taxed to the limit because of overcrowding. Recently, an article was published stating California is only 47th out of 50 states when it comes to how much is spent per child in the classroom. Such a rich state, and such crappy special needs programs, at least in Southern California (can't speak for the rest of the state).
But as a parent, I felt this was no excuse. The state takes IDEA money from the government. Why isn't it using it for special needs kids?
Also, this particular school district, Westside Union School District in Palmdale, California, where Mishayla attended school from pre-school to 4th grade, along with most districts in Southern California, including Los Angeles Unified School District, does not practice any type of inclusion. Special needs children are sequestered away from the general population of students. Again, I was told this was for fiscal reasons. When a special needs child goes into a situation where they are in a regular classroom environment, they must have a aide with them. The district said it could not afford all these aides, I was told, therefore, the children are put in one classroom to save on resources.
They refused to get an aide for Mishayla so she could attend part of her day in a regular classroom, in spite of the fact her teachers constantly recommended she could flourish in this kind of an environment.
I'm sure most of you have heard the term "less restrictive environment" pertaining to children with disabilities.
Here's how it's worded in IDEA:
The U.S. Dept. Education, 2005a regulations implementing IDEA states: "...to the maximum extent appropriate, children with disabilities including children in public or private institutions or care facilities, are educated with children who are nondisabled; and special classes, separate schooling or other removal of children with disabilities from regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."
Knowing the law as I did, I reminded officials at Westside Union District they were violation of this section of the law.
I kept on them. Finally, when Mishayla was in second grade, they agreed to put her in a regular second grade classroom at her home school. There would be an aide with her in the classroom at all times.
What they neglected to tell us was that this one aide only worked part of the day, and that the aide was not just dealing with Mishayla, and maybe a few other children, but that she was dealing with an entire class of children that had behavioral disorders and other problems.
This made it impossible for Mishayla to get the attention she needed, and for her to succeed in this environment. At the age of seven, she was still struggling with toilet training, and needed to be encouraged to use the bathroom on a regular basis. So one afternoon, when I went to pick her up, I found her crying in the corner with wet pants. The teacher had basically left her there, because the aide was gone, and she just didn't have time to take her to the restroom.
Tony and I feel that this was a bad case of sabotage by Westside Union School District. They had no intention of giving our daughter what she needed to succeed. They cared nothing for our daughter, and the only concern they had was their bottom line.
I took Mishayla out of that room, and never sent her back. We were torn. Do we not send her to school at all? Do we send her back to an environment with just other special needs children?
At the time, the best thing for her was just to get her back in school, so she returned to an exclusively special needs class. There just were not any other options, and we felt keeping out of school was not good for her.
Also, unlike schools in other places, including Minnesota, you cannot move your child to another district. The law states the child must attend school in the district where they live. And what would have been the point? They were all the same anyway in most of Southern California.
We contemplated hiring an attorney, but I was a graduate student at the time and not working full time, and our resources were limited. And would it really make a difference? We had already had advocates try and fight for us to no avail.
Please understand I do not wish to marginalize the work of the wonderful special education teachers at Westside Union School District. Mishayla had several that were wonderful, caring individuals. But they were just as frustrated with the system as my husband and I, and because of this, they didn't stay working for very long. In Mishayla's third grade year, she had at least 4 teachers. This was also a cause for concern, since special needs kids need continuity in order to do well. We parents complained again, to dead ears.
As things turned out, we ended up leaving California due to my husband's employment. California is my home, and I admit, I still miss it.
But there was one gem in all the coal: the schools in Minnesota are much better, and believe wholeheartedly in inclusion. Mishayla has had wonderful experiences here, and has made friends with all kinds of kids. She has learned, and I think children in the regular classroom environment have learned from her. She is thriving.
 |
| Mishayla with other 5th graders at a end of school ice cream party, 2010 |
It can be very hard to fight these school districts. They are very powerful, and as you can see, we were not successful in getting what we wanted, and what the law dictated.
But that isn't a reason to give up.
What do you do if you are in a situation like this? What would I have done differently if Mishayla had remained in California?
I would say there are power in numbers. I would have talked to other parents. Maybe in large numbers, we could have changed something in that district. Find out what their concerns are, and advocate in groups.
Also, at the time all this was going on with Mishayla, the internet was not being used as it is now. It is a marvelous tool for advocacy of all kinds. Get online, and bring your voices together. It has been proven that when this happens, people listen.
Know the law, and know your rights. School districts bank on parents not knowing their rights, so educate yourself.
If it gets to the point where you need help, hire an advocate. Most states have agencies that can help, such as here in Minnesota, we have the Minnesota Disabilities Law Center. These people can also educate you about what you need to know!!
Another thing I would suggest doesn't appeal to a lot of people, and they say, in many instances, it's impossible. But you may just need to move. Investigate the school districts, and find one that will meet your child's need. It may be worth it.
You are your child's best advocate. No one knows your child, and what they need, like you do. You know what they need best. They are worth fighting for!!
Keep fighting!!!!
 |
| Mishayla at Twins Game, 2011 |
No comments:
Post a Comment