Kicking my kindergartener out?

[bbsc]

We had my son evaluated by the school district in May, and the IEP was in June. The team decided that the best placement for my 5 year old was in the SDC preschool, because of motor and social deficits, low muscle tone and nonverbal learning disorder. The fact that he was still in diapers at school was also an issue.

I also had applied to a local charter school, but was waitlisted. The team agreed that if he got admitted there, it would also be a good placement for him. If the diaper issue was resolved.

Over the summer, I worked hard to get rid of the diapers, and at this time, he is fully trained for daytime. Which is great!

And he also got to the top of the charter school waitlist, and started there on Wednesday of this week. During the recess of the first day, I asked the teacher how my son was doing in the classroom and she said "Great!" I wanted to tell the teacher about my son's special needs, and she seemed receptive to having him sit up front, etc.

At drop off time the next day, the school principal was very upset that she hadn't heard about my son's IEP, and that they wouldn't hadn't have admitted him if they knew. The principal said that she felt like my son wasn't working out, but didn't say that they were kicking him out.

This morning at drop off, there were no comments from the teacher or principal. But I did get a call from the school psychologist who was in charge of my son's IEP team, and she told me that my son wasn't working out for the school. She wanted me to try him at the SDC preschool for a week to see if he did better.

The main issues are that my son had a very minor tantrum at snack, because his snack fell into the dirt, and had to be thrown away and that he is not readily lining up with the other children and needs a reminder to join the group. To me, these don't seem like huge red flags that he will not be successful in the classroom, and he seems to really be enjoying the new environment.

The school psychologist feels like the school will be kicking him out any day, and maybe today. She also told me that in California, kindergarten is not mandatory and that they are not required to serve him.

I am planning on writing a letter to request a new IEP this afternoon, and hand delivering it to the District Office. Do any of the wise special needs parents have any advice for me? TIA!

[bbsc]

So I just got off the phone with the principal and he is kicked out. I am so upset.

[babygirlie]

No advice just I'm sorry, doesn't seem fair

[Stephenie]

[txbikegrrl]

I'm sorry. Here the charters can determine they can't meet a childs needs and send them back to their home school. It sucks but little recourse for parents...

[cowboyjunki]

Is this a public school? Can they even do that??? That sounds completely discriminatory to me I'm so sorry you and your son are going through this!

[jnet24]

Wow that is awful.. I cant offer any wisdom. I have heard of private schools here doing the same thing. Good luck with you fight!

[txbikegrrl]

Also if the IEP calls for a level of service they don't have then the campus has to send you somewhere else. Of course y'all could have a meeting to decide if the charter could meet the needs in a less restrictive setting but it sounds like they just did not want to deat with "sped issues" unfortunately.

[hadleys_mom]

I'm so sorry! No advise to give but I wouldn't take the word of anyone in the school district as being the only options your son has. If you really want to fight it or find out what your rights are, there are child advocate attorneys that help with that. Again, sorry you are having to go through with this...its why we homeschool! :-(

[bbsc]

Thanks for all the support. I'm just in a state of shock here. I really thought it was going to work out for him to start K this year.

At the IEP meeting, I did agree to the preschool placement, but now that he has matured so much over the summer, I don't think that it is appropriate anymore. Do I need to request another assessment? Or can I just talk about his growth during the next IEP meeting?

I feel like he was removed from the charter school because there was another student on the waiting list, and that they preferred to have her in the school instead of my son. It feels really unfair to me, and not how I thought that public elementary schools were run.

What other options do I have for him? I feel like the SDC preschool isn't right for him, now that he is not in diapers anymore. He will be turning 6 in a couple of months, and it seems wrong to have him in a class full of 3 year olds. I really don't think that he is that far behind. And the school district doesn't have a SDC K this year, otherwise, that could work for him.

The school psychologist seemed pretty adamant that my son can't be accommodated at any K. Ugh, I am just so frustrated with all of this!

[bbsc]

I have to think about how hard I want to fight to keep him at a school that doesn't want to deal with him, you know?

I will certainly take a look at those links and see what I can do. It sounded like they had already offered my son's spot to another student from the wait list too, so it seems like they would just say that there is no space for him anyway.

ETA His IEP call for him to attend the special day class preschool, and not the charter that he was attending for this week. I had gotten verbal agreement from the school psychologist that my son could go to the charter school instead.

I think that since the charter is not on the IEP, they aren't required to take him there, right?

[Emmeline II]

Just found this, looks significant:

Technical Assistance for California Charter Schools on Implementing Special Education Requirements (Updated 11-Jun-2009; DOC; 687KB; 79pp.)
Primer meets the need of charter schools to ensure the implementation of compliant special education programs.

Do students with disabilities have a federally protected right to attend charter schools?

Yes. Section 504 specifically prohibits discrimination solely on the basis of disability to public and private programs and activities that receive federal financial assistance. Children who attend charter schools are covered by these civil rights laws in the same way as children in any other public school.

http://sped.lausd.net/
The California Education code §47605.6 (e) (2) (A) states that “a charter school shall admit all pupils who wish to attend the school.” It is discrimination for any school, including charter schools, to unilaterally deny a student admittance on the basis of disability who would have otherwise been admitted to the school.There are students with disabilities who are achieving great success in charter, magnet, iDesign and other alternative school programs.

70w

Charter School Operations and Performance: Evidence from California
Charter schools, although exempt from many state and local regulations,
must still abide by federal regulations regarding the education
of students with disabilities. A number of studies have indicated that
it is a challenge for charter schools to serve special education students
(Ahearn et al., 2001; Finn et al., 2000). This chapter explores a
number of important issues relating to serving special education
students in California’s charter schools.

68w


Helpful Links

http://www.cde.ca.gov/sp/se/sr/

[Emmeline II]

Originally Posted by bbsc

I have to think about how hard I want to fight to keep him at a school that doesn't want to deal with him, you know?

As long as the teacher remains cooperative and understanding it may be worth it. You could start the process then later drop out if it doesn't seem worth it.

I will certainly take a look at those links and see what I can do. It sounded like they had already offered my son's spot to another student from the wait list too, so it seems like they would just say that there is no space for him anyway.

It is your son's "spot." They cannot expel him to create a "spot" without due process.

ETA His IEP call for him to attend the special day class preschool, and not the charter that he was attending for this week. I had gotten verbal agreement from the school psychologist that my son could go to the charter school instead.

From what I have read your son can go to a different school with the agreement of the present school. I would call the psychiatrist as ask if they would write a brief statement that simply says that they agree with your child's placement at that school.

I think that since the charter is not on the IEP, they aren't required to take him there, right?

They already did take him; he was attending and the IEP travels with him. I've read that the IEP only has to be revisited annually, not when changing schools.

I'm very new to this, so I'm not remotely an expert.

[CherryBomb]

I don't know, but this doesn't sound legal to me. Is there anyway you can consult with a lawyer? I'm sorry, it's a really awful situation

[Altair]

If the IEP is specific in terms of a type of placement, then you don't have a legal document saying you have a right to be there. I am a special ed teacher and have found in general that if a school isn't willing to work with you, it is not in your best interest to demand they do because they are not going to try their best. Ugh. MANY charter schools are not equipped to handle special needs students in the way they legally must, and that is one of the reasons why you can't make comparisons between charter school results and public schools.

That said, your district simply can't say that they have NO K classes that would work for him. It's his right to be educated in a way that works for him. If they can't provide that, they must pay for you to go to a private school that accepts their money. Using a smart advocate or lawyer can really help you here. Yes you need a new IEP and you may need to fight them. But I would do it with someone present who can help you clarify your federal and state rights.

[bbsc]

Yes, the school does not want him there at all, and are not willing to work with me finding a volunteer aide, or anything. It just boggles my mind, because at the original IEP meeting everybody's first choice for him was the charter school that he was waitlisted at, but since it was iffy whether or not he would get in, they put down the SDC preschool for him. I wish now that we had asked for that alternate plan to be written in.

The principal is adamant that he is not a good candidate for their school at this time, but did invite me to reapply at a later date, but to make sure that they read his current IEP before they agree to accept him.

My son was so happy attending this school this week, and doesn't want to go back to preschool. He said "The kids at my new school are so nice! They don't hit me!" And it just breaks my heart that he isn't allowed back there.

[savithny]

Originally Posted by cowboyjunki

Is this a public school? Can they even do that??? That sounds completely discriminatory to me I'm so sorry you and your son are going through this!

Welcome to charter schools and the privatization of the public school system. This is often how charters keep their statistics looking so good compared to traditional publics. Even if the law says otherwise re: disabilities.

[Emmeline II]

Originally Posted by savithny

Welcome to charter schools and the privatization of the public school system. This is often how charters keep their statistics looking so good compared to traditional publics. Even if the law says otherwise re: disabilities.

Eh. My son was in a regular public school for K and the only "help" I could get from them was endless behavior chart configurations. He is now in a charter school and they couldn't be more helpful.

[Sierra]

I am a mom of a kid with an IEP as well as someone who was working on a charter school startup a while back.

I know laws may vary state to state, but in the process we went through, it was made very clear that a charter school must use the same standards as public schools in admitting kids, in that zip code and lottery number would be the only things that could limit a child's chance of being admitted. It is not legal for a school to accept any federal funding whatsoever, which charter schools do, and discriminate.

Originally Posted by bbsc

The principal is adamant that he is not a good candidate for their school at this time, but did invite me to reapply at a later date, but to make sure that they read his current IEP before they agree to accept him.

Now, the district might make the argument that kindergarten is not mandated in CA and therefore they have no obligation to provide a kindergarten classroom at this time. I am not sure on the exact legalities of that, though I would absolutely agree with others that you should *not* let the school district tell you what is allowed and isn't allowed. I'd consult with a lawyer.

However, the above statement is what makes me say, the school is asking for legal trouble. Because applying at a later date might mean next year. In first grade, he'd be mandated to be in first grade. They can't discriminate. They legally have to admit him according to whatever lottery/waitlist process they have established. If the principal is telling you she would have to consider the IEP before admitting your child, she is saying something illegal. Personally, I'd fight for that reason. She needs to be called on this.

Is there a charter school board? How does it work where you are? If you choose to pursue this, you need to be working your way up the ladder, both in regard to the IEP team and in regard to the particular school and district. And get everything in writing as you go.

I'd also let the school district know you are consulting with an attorney based on the principal's illegal claim that she needs to see the IEP before an admission decision could be made in the future. Do it in writing. Send it certified mail.

Originally Posted by txbikegrrl

I'm sorry. Here the charters can determine they can't meet a childs needs and send them back to their home school. It sucks but little recourse for parents...

It is definitely more complicated than this, at least where I am. As a public school, certain standards have to be met before a child can be moved. As someone else said, the IEP moves with the child, not the other way around.

Originally Posted by bbsc

I have to think about how hard I want to fight to keep him at a school that doesn't want to deal with him, you know?

Absolutely. You are going to want partners at whatever school your child ends up at, and having a supportive principal can make a world of difference for a child. On the other hand, I've leaned in the direction of making it clear with the district that I am a force to be contended with, and I am glad I have...it has served my child well on several occassions.

Plus...

Originally Posted by Emmeline II

As long as the teacher remains cooperative and understanding it may be worth it. You could start the process then later drop out if it doesn't seem worth it.

I still think this principal needs to be called on her baseless and illegal claims that she has a right to review your child's IEP before making an admission decision.

It is your son's "spot." They cannot expel him to create a "spot" without due process.

From what I have read your son can go to a different school with the agreement of the present school. I would call the psychiatrist as ask if they would write a brief statement that simply says that they agree with your child's placement at that school.

They already did take him; he was attending and the IEP travels with him. I've read that the IEP only has to be revisited annually, not when changing schools.

Yes, yes, to the above.

[bbsc]

I'm trying to come up with a plan for next week. I am in contact with SPIN in my area, and they feel like it would be a bad idea to try and keep him at a school that doesn't want him because they will not do their best.

Can I take him to school on Tuesday? I don't want a scene where they ask us to leave, because it would be very upsetting for my son.

I'm planning on faxing a letter to request a new IEP meeting to the director of special ed, and filing a discrimination complaint against the principal. Or should I write a letter to request due a due process hearing? What's the best way to track down a lawyer who could advise me in this situation?

Thanks again for all the support!