School says they have nothing for my hearing impaired son, do they have this right?

Question

My son was going to Alexander Grahm Bell, but this year he must go on to a regular school, I do not want him sent on a two hour drive a day bus ride again this year to a school in a crime infested area. I want him to go to the school a few blocks from our house, but they are avoiding accomidating him. We asked them at the end of the last school year what they could provide for his education, and they didnt get back with us, so my husband went over today to have a talk again, and they called back this evening saying they really cant offer him anything. Now I'm mad, what do I do? who do I call? I know he has rights, and going into first grade he needs a special education just for him. His speech has improved dramatically being around his 3 siblings more over the summer, and I want him mainstreamed, but I fear of him being picked on for being the only kid wearing hearing aids, and unless you have been around him alot, it can be hard to understand his speach.

Someone please help.

Answer 1

The school is required to give your son an appropriate education, even if they cannot provide it themselved. You said a school official said they cannot accomodate him. Get this in writing. This admission means the school district MUST find a program to put your son in, regardless of cost or distance. Your son's IEP should have speech services, teacher of the deaf and hard of hearing services, and use of an FM system in the classroom. As the most important part of the child study team, you can insist that these things are put in the IEP. Making sure they are implimented is much harder, because you are not at the school regularly. I would suggest you get in contact with a local advocacy group, or consult a lawyer. The most important thing is not to give up. My brother had to sue their school district in order to get services for his daughter, and it still took 6 months in order to get something started. Best of luck, and please email me if you have any questions!

Answer 2

Please don't follow the advice that some people have given to call your congressman and go to the school board. You need to attempt to solve this problem with the school itself first, but before you can go in and demand accommodations for your son you need to think about what exactly you want to happen.

You say you want your son to be mainstreamed. That's all well and good, but what does his IEP say? What are the results of his last evalulation? What do his former teachers recommend?

This should be a team decision, and you should DEFINITELY have input, but please realize that a public school is not required to provide services to your son because you want them to. It has to be a team decision, made during an IEP meeting. (I'm assuming he's coming to the school with an active IEP. If not, that's a whole other story!)

Think about the supports he needs in order to be mainstreamed. Does he need a personal care aide the entire day? In our district these people are few and far between, and the argument has been made that if a student needs an assistant all day they're not ready for mainstreaming. What else can help your son be successful? These are questions for the team to consider.

Public schools do not have to provide all services at all schools and they may need to bus your son to another school. Again, this is something that needs to be decided after the team decides what services are needed.

That being said, it is time to call a meeting. If you've already contacted the guidance counselor and haven't gotten answers it is time to talk to the principal or assistant principal. Request a meeting (follow up with a written letter) and set a definite day and time to review your son's IEP and paperwork. It would also be helpful if one of the teachers from his last school could be there or give written or oral input into his needs.

When you say he needs a "special education just for him" what exactly do you mean, especially since you want him in a regular first grade class? You also need to realize that no matter what the school does, or how wonderful the teacher is, he may still be picked on by the other kids. Kids can be terrific, but they can also be cruel, and especially if they have a hard time understanding him, they can be nasty. You need to talk to him and prepare him for how to handle these situations, and make sure that he reports them to you or the teacher so an adult can deal with it; unfortunately, it's probably an issue he's going to run into the rest of his life, and he needs to learn to deal with it now.

Do the best you can to work with the school, talking to the people who will be working with your son first. People in higher positions are just going to turn it over to the principal again anyway, and you'll have made a bad name for yourself at the school as someone who doesn't even attempt to work things out. Get a parent advocate if you think that would help. Some school districts provide one free of charge. Others are available through local agencies that help people with disabilities. Many times their services are free, too.

Don't stop fighting for your son, but have a clear idea of what you're fighting for and the most effective way to do it.

Good luck!

Answer 3

As long as it is a public school, your son definitely has rights to accommodations. If the school is not helping you with this matter, then find some contact info for the superintendent and school board. If that doesn't work, go to the state office of education.

At the school where I teach, the teachers have microphones and there are speakers installed in the ceiling. It was installed for the primary purpose of helping children with hearing impairments. Your son's school should follow suit.

I'm so sorry that you have had this problem. Just know that your son is definitely entitled to accommodations so that he can thrive in the school environment as well.

Answer 4

Okay, here's my two cents....

Schools are not required to give services at ALL schools. They can provide the education provided in the IEP in the school across town, as long as the school provides the transportation.

However, what accommodations would need to be made for your child to participate? If specialists/translators are not required on a daily basis to participate in his regular classroom, I think you could fight this easily and win.
First, I ask for a meeting with the person in charge of special education at the district level.... even if it means you "appearing" at her office at the beginning of the business day. Bring a copy of your child's IEP and last re-evaluation (testing results). Ask her to explain what is holding the child back. If you are not satisfied, ask her to put in writing and ask for a copy of a Parent's Handbook of Rights. Ask her how to you can ask for an appeal/mediation of her decision. It's the quickest way to escalate the situation and getting your child into a full inclusion setting IF your son is eligible for one.

Talk to parent groups in your area, too. Typically speaking parents of children with autism are the best organized in this arena. They may have someone in your local area that may help you be a better advocate for your child. Federal laws are federal laws, but they are interpreted at the state level. Then again, there are local influences, too.

Answer 5

My son is also HOH, you have a vast amount of support behind you, especially the US Dept of Spec. Education. Yes, your school has to accomodate you, especially the one closest to you. Research the many ways, using alot of different listening devices, and the school has to provide them.
Coming from the Bell school, they should have alot of the answers for you. They should be able to point you in the right direction. Your son has more rights than you could ever dream of. And it will be less expensive for your school to accomodate him than not.
My son is 14 and has been the only one in his class w/ aid's since he was 3. Encourage him to participate in everything, and the kids will learn how to understand him. My son is the same way, and now everyone "interprets" for each other w/ him. The more he becomes apart of their everyday life, the more they will help him through everyday life.
Just search.....educating the hearing impaired and all the answers pop up @ your finger tips. http://www.listen-up.org/rights/outrageous.htm This website is full of information, look at it like I do....the more information you arm yourself w/ the more ignorant they look. I would request a meeting w/ the special education director in your school district and let them know what you want. You never ask......you insist....they know they are responsible...and can be held responsible.

Answer 6

Insist on an Individualized Education Program Conference (IEP). Your child has rights under PL 94-142. They have to accommodate him somewhere in the system. It may mean a bus ride for the appropriate placement. Make a fuss.

Answer 7

Review the sections on your child's IEP about LRE and FAPE. It is my understanding that the school can not ask you to send your child away from his home school due to his disability. That is discrimination.You may want to look into hiring an advocate.

Answer 8

PL 142. They must provide an appropriate education for your child. Read the links below.

Answer 9

Unless the school is a charter school, they cannot discriminate against him due to his impairment. A charter school has the right to say, "No deaf people, no white people, no one who likes country music, etc." But, seriously, a regular school can't do this to your son. I would talk to a lawyer if I were you.

Answer 10

Try to find another school nearby that would accomodate him. If not, make an appointment with the school and be firm with them.

I'm not sure about legal action, though.