Does a parent have to put their child in Specail Education?

Question

My son is a 6 year old diabetic, he started 1st grade this past september, the school was concerned with his behavior and deffiant behavior. He had an IEP done and although he has NO learning disabilities they do susspect ADHD but can not give him that title so instead of other they titled him as Behavioral Disturbance, they do not have Special Ed in that school, but I do not agree with moving him to a sapecail ed school since he does not have any learning problems and even the teacher says that he is at level and he will be going to the second grade. Do I HAVE to put him into a school where special ed is available if I do not think that he needs it?Once again he is a type 1 diabetic and he can be a little testy depending how his blood glucose is, and they don't seem to want to understand or hear it?

Answer 1

I am just about to leave and take one of my children to a behavioral therapist. He doesn't have diabetes but has been diagnosed several times w/ ADHD and petite mal seizures. He is doing great academically. He is doing horribe socially. This is the worst thing for them. He isn't very good in math but is getting alot better. His teacher told me not to worry so much about academics as I did his social life. This is what really brings children down. If others are making fun of your son because of his behavior then he probaly doesn't have many or any friends. This is so sad because children at this age don't realize that their remarks can destroy another child. The teacher probably just doesn't want to deal w/ him. I can understand that they can't allow a child to be disruptive in the classroom,but if he is, he just has to understand that he will suffer the consequences. He does know that he can't break the rules, but he can't help fidgeting or moving in his seat. SO WHAT? It's no big deal as long as he isn't hurting anyone and he is learning. Is this the only school available for him? Public schools are better than private for this type of thing (generally). I don't know about all the laws as other answerers have mentioned but I know my child and know that he doesn't need to be "labeled" and neither does your son. God love you and him!!!!! (Mother of twin boys 9 and twin boy and gir 8 and divorced and no help)

Answer 2

Wow, I started reading the answers and I couldn't even get through the first five without having to respond. I'm wondering if these people know what "special ed" is!

It IS NOT for "slow" kids or even for kids with a "learning disability." While there are certain classes where the learning disabled are taught, being in "special ed" doesn't mean your child will be with all the "other" slow kids!

An IEP is an INDIVIDUALIZED Education Program... specifically for your child. While it does get tough sometimes getting your child what he needs, there's NO WAY you should just settle for whatever the school wants to do (especially if they want to put your kid in a class which will slow his learning).

My daughter understands things 2 years ahead of her age group... but she can't communicate so she is in "special ed." That doesn't mean they aren't teaching her anything or that they arent' giving her challenging work. Only that she gets "special" services in order to enhance her "education."

The teacher has a LOT of other kids to teach and they can't cater to one or two... especially if there are behavioral issues involved (which my daughter also has because she gets frustrated when people don't understand her). That's why it's good to have a little more individualized attention. Someone may be able to work a little more closely and will know him a little better so they know what level or learning to go to, rather than a teacher who is dealing with 30 kids who can't give your son the attention he deserves and doesn't really know what your son is capable of.

In my opinion, NOT getting him specialized education is doing him wrong by not giving him the education he deserves.

People need to educate themselves and lose the misconceptions they have about special ed. It's not just for the mentally retarded and kids with down syndrome and they don't all get "thrown" in the same group. If the school thinks your child would benefit from specialized services... do what's best for your child!

Answer 3

I can only speak for the state that I live in. And this I know, the school can not make a medical diagnosis such as you have mentioned above. A medical doctor needs to do that. Also, you do not have to put your child in special ed. If he is diabetic, and when his sugars are out of whack he exhibits behavior problems, then that is a symptom of a physical medical problem. It is discriminatory for the school to want to put him in a special ed program for this. You and your child have rights. Especially if an IEP was done on your son. And, the IEP is to be followed to a T. If they do not follow the IEP, they can be sued. Also, you do not have to agree to what they put in the IEP. You also have a right to seek legal counsel if you thing you need help with this situation. Do a search and look up "special education rights of students etc" or something to that nature. Make sure you look under your states area. Read that info carefully. It will explain what you can do to help your child. Once again, they can not diagnose your child with a behavioral problem. If they do, then they have to pay for your child to go see a doc to have the condition confirmed. And, I just don't see any medical doctor, in their right mind, saying that he has a behavioral problem. It's his diabetes that's causing the behavior. These are two totally different things here.

Answer 4

WOW!!!!... I you would think we have the same child! The answer is no. What was recommended for my son was that he has therapy and gets a one on one aide in class. They put diabetes on the table for my son as well and he is going to be tested before the week is out. They want to assume that part of his behavior issues. If your son doesn't have a learning disability (and he doesn't... my son tested at or above average in all subjects.. he's very bright).. DO NOT let them put your son in special ed. There are other alternatives. Make sure you have access to a parent advocate when you talk to your local board of education and build a rapport with the school Social Worker. Get as many people on your team as you can... if you have a personal friend, get them involved too (I called my best friend... she is great at this stuff and her mom is a social worker). DO NOT let the school dictate to you what to do with your son. What's real is he will probably outgrow his behavior, and then he will be stifled in a special ed class where he doesn't belong.

Good luck

Answer 5

The short answer is no, you can not be forced to agree to a placement you feel is unwarranted. That being said, it is time to sit down with the school and ask exactly why they are recommending the placement. Diabetes is not the determining factor here..more than likely his behavior issues are. Is he disruptive in the classroom? Does he leave his desk and refuse to return? Has he at any time struck out or hurt another child or staff member? Has he damaged property such as flipping desks, dumping shelves or tearing up papers? If any of these have occured, it may be the reason for the recommendation. Again, this does not mean you have to accept it! But it does mean you need to sit down and figure out what your son will need. Therapy...both with the school counselor and a private therapist..may be a good place to start. Also, does he have any dietary clauses in his IEP, especially if his behavior is linked to his glucose levels? Finally, when they did the IEP did they come up with a behavioral plan? This is a plan which outlines exactly what the teacher can do in response to certain behaviors and how to proceed if they escalate. These are all things I would suggest and ask for. Request a meeting as soon as possible, do your homework, get together any info from the teacher, your child's Dr., child care providers etc you feel may help illustrate your points. Inform the school you will be bringing a recording device to the meeting (you must inform them at least 48 hours prior to the meeting as they must have the opportunity to have a recording device of their own and to be sure everyone in the room can and agrees to the recording). GO in with ideas of what you want and what you will agree to. Do not go in guns balzing and an attitude of "it's my way or nothing else"...at least not at first. I have worked with many parents in these situations and going in on a defensive, adversarial tone hinders the process more than you can imagine! Finally, while his teacher has spoken to you about his academic level, know that she may not be willing or able to "side" with you openly in a placement meeting. This is nothing to do with you, but is often dictated by district regualtions and the unspoken code of the school..she has to work there. DO not get angry with her, but thank her for the input she does give and, if is contradictory to what she has said to your privately, do not be afraid to ask for documentation. All in all, the process does take time. Your son can not be forced out of his current placement, but it may take a bit of time to get what is needed worked out and in place. Be patient, be supportive, be open. I wish you well!

Answer 6

No, they cannot put your child into a special ed class without your consent. If you don't want it, then don't sign off on it. Sometimes schools want to do that with any "unruly" child, but if your child isn't testing as special ed, then don't put him in that classroom. It's terrible, but sometimes schools don't have the faculty for special ed classrooms. The kids who might need the most help end up with substitutes and part timers because there is such a demand for qualified special ed teachers. Even if my child was testing as special ed I would hesitate to put him in the class because there probably aren't any long term qualified teachers for him once he gets there.

Answer 7

No you do not have to place your child in special education. The school is not trying to help your child, they are trying to avoid responsibility for him. Here's acouple of tips:
1) consider having an independant professional assess your child (for possible ADHD, etc). That will identify any real problems--and put a leash on the attempts to label him. NOTE--even if he does have ADHD, if he can do the work in a regular class, he should stay there--whether the school likes it or not.
2) consider getting a lawyer IF the school tries to force the issue--you can probably find a lawyeer experienced in disability law through local disability advocacy organizations (check your phone book under "disabled" and "disability").
3) to educate yourself, go to wrightslaw.com. This site has a wealth of information on disabiity rights.

Answer 8

nobody have too put there child in special ed. as long as is grade is average and hes passing i wouldn't i work with the school system since my child was in 2nd grade they give a test he passes it then they can't put him in there he has the right too attend regular schooling don't put your child where he don't need to be i understand the diabetic part thats part of why the school nurse get paid to attend to him as well as others leave him where hes at fight for his rights that he have. proper med can handle the adhd school nurse can give med to those who are in need. if they don't comply go to your local board of education and if they can't help get public attention like your local news to broadcast these people for not wanting to do there job. its a law no child is left behind, he have rights you just got to stand up for them, i did my son is 12 now and don't bother us no more about special ed.

Answer 9

You need a lawyer. These laws very from state-to-state.

Federal law requires that a child be placed in the Least Restrictive Environment, or LRE. That means he can't legally be placed in special ed unless is really is the least restrictive appropriate environment for him.

A few things to research: IDEA, Title IX, Section 504. You should be aware that being legally classified as disabled gives him substantial additional rights.

Answer 10

I agree with the first answer...I have first hand knowledge of children who were held back in special ed to make it easier and more convenient for the staff but in the end the child regressed. Therapy and knowing your child's rights and standing up for them is extremely important. I know a mom with a physically disabled child who had to fight every inch of the way to keep him in the regular classroom and this child recently graduated from Cal Berkeley.