Bring his meds or he goes home! (ADHD)

[ORMom2Four]

Thanks everyone

 

[bookwormde]

It is totally illigal under IDEA for the school to require you to medicate your child, and them saying this is a very serious violation.

Call an IEP meeting imediately, it sould like his IEP and probably his evaluation needs a lot of work

bookwormde

 

[ORMom2Four]

thanks everyone!

 

[LMC]

I have not had that exact call but DH forgot to medicate our ADHD child last year when I had to have the older child to surgery at 5am and by 9am the school was calling. Luckily, my son gets an afternoon dose so they asked if they could give it to him right then. Of course I said yes because it was best for him.

 

[bookwormde]

Sorry since the med thing is a egregious violation I thought that was the core of it. Yes your child can be suspended or expelled (typically if a safe environment cannot be maintained or disruptions are so sever and continuous that the educational environment cannot function), the procedural safeguards protection pamphlet that they give you at each IEP meeting should have a good summery of the requirements, process and protections that go along with this.

Basically it triggers an immediate IEP meeting and a manifestation determination is made (finding if a manifestation of the disability contributed in whole or in part to the situations that triggered the suspension or expulsion). If it is determined that at manifestation was involved (and it almost always is) then the IEP team must modify the IEP to make sure that the additional supports, modification and accommodations and personnel staffing levels and training are brought in line with your child’s needs.

Without a better feel of what your child’s specific developmental disabilities are it is difficult to give specific individual advice, but in my experience when a situation like this arises it is typically form and inaccurate or incomplete clinical diagnosis and set of recommendations, a poorly done educational evaluation, an incomplete IEP, and under trained and understaffed classroom and other support areas or likely a combinations as many of these items.

Your quote from the teacher clearly shows that she lack adequate training in some very important areas.

I still give the same suggestion, call an IEP meeting mention the IDEA violation that occurred and then get to work on improving the IEP. You need to review every area, from was the initial evaluation compete enough to identify all factors contributing to your child’s needs and did it include specific recommendations and were they implemented in the IEP, to redoing the sensory audit to see it that is a contributing factor to the meltdowns, to making sure the curriculum is appropriate for his EF style and cognitive abilities, to seeing if he need more direct support (a 1 on 1 para), and a review of any of the non academic curriculum (OT, social skills, EF, TOM) areas which are not being addressed adequately addressed.

Again I do not have the specifics but from my experience the most common reason for the situation you are in is an inaccurate diagnosis followed by and incomplete or partially implemented IEP.

bookwormde

 

[BeckyScott]

Yeah.... uh.... I don't think she phrased that exactly right.

If she would have called and said that your son was being violent or disruptive or whatever, and that you needed to come get him, that's one thing, that's legal enough, although there needs to be follow-up with it. The "meds or else" was a big no-no.

IEP meeting. If he doesn't have a behavior plan, I'd say it's time for one. Write the letter requesting an IEP meeting ASAP, and make sure to mention what she'd said and that it was a blatant violation of IDEA. Which it is. (300.174) That should get you a meeting pretty quickly, although the school will be very defensive right from the start so be prepared for that.

If your main concern isn't the meds-or-else, but whether or not they can send him home, yes technically they can, although you'll want to read thru IDEA to make sure you know the exact laws, because it gets complicated. And while they are apparantly clueless as far as part of IDEA, I betcha by the time you get a meeting they will know exactly the law on sending him home from school.

 

[ORMom2Four]

Thanks for all of the advice!

 

[Libbyt]

It sounds like you could really benefit from having a parent advocate help you to understand exactly what the law says, how your local system is set up to operate, and develop a strategy for making sure your son's needs are met. Check with other parents or with parent groups in your community; often (maybe in all states - I don't know) there are agencies like a "Governor's Advocacy Council for Persons with Disabilities" - something like that that can give you some direction.

My first thought when I hear of situations like this is....what must the child be enduring in the classroom? Is the child hearing things like "well, guess I have to call HER again to send the meds" or "this kid is outta here if he comes without his meds one more time" or "did you have a pill this morning? Ah, that's what I thought" - things like that, which have a devastating impact on the child's self-image and confidence. You hate to be known as "that mom" but you have to put your child's needs and experiences first - and absolutely so must the school folks - it's the law!

It requires a lot of give-and-take and a lot of intense negotiating, but you have to strive for a day-to-day solution that everybody is happy with - both you and the school staff. If everybody doesn't feel like they've won, your child is never going to have the optimal environment. Hang in there, and know that there are THOUSANDS of other parents out there fighting the same fight - try to find some of them and share in their wisdom & strength!

 

[Ali]

I love when I learn things here!

As a teacher who has been through one day so far with chair throwing and every day with cursing and toy throwing I always wonder exactly how to phrase the conversation - did your child take meds today - and now I have learned what not to say. It's funny how we don't receive training on these things!

 

[bookwormde]

Remember that a “behavior plan” is not just about what your child needs to do but what it takes to create and environment where he can flourish, including social and TOM skills training, adequate staff including often a 1on 1 para, properly trained staff, curricular modifications and support for his EF system and so forth. Anything that has an impact on his behavior should be in it.

With saying that he is “book intelligent” with language skill deficits tells me that there is a lot more going on than ADHD (if he even actually that since to the unqualified clinician EF differentials can mimic it). What did his auditory process evaluations show and are they following its recommendations)? How are his social skills? What is his EF style? How are his anxiety levels (this is a big issue since any behavior issues are greatly compounded if this exists). These things need to be formally evaluated and good clinical recommendations made.

I know a lot to think about especially mixed with the neurofibromatosis, which I assume was noticed from the typical subcutaneous bumps and confirmed as impacting the brain with scans. In addition to that any impact of the in-utero drug exposure. I guess my concern is that there may be assumptions made as to his neurological variations coming form these sources when it is completely possible that they are from an unrelated source.

bookwormde

 

[Schmeck]

Just to note - the school can suspend for up to 10 days without having to redo the IEP, but they still have a meeting. They can also suspend for up to 45 days if a weapon was brought to school or was carried at school. Would tossing furniture be considered a weapon?

I agree that the teacher didn't phrase the situation correctly, if that was all she said (or all you heard). If she said "he's tossing furniture around and we can't get him to calm down, and it's a threat to the staff and students, bring his meds or he has to go home" then that's totally different.

At our school, you wouldn't even get a chance to bring in the meds - tossing furniture (especially around other students) gets you a ride to the nearby hospital, courtesy of the police and fire department. You'd get a call that would explain the situation, but I don't think you can intervene. It's part of our critical response protocol. A full review of the IEP would also be done, of course, as well as a ton of support from the medical community, DSS, and the school system.

It doesn't sound like your child is getting the support needed in the school to be successful, I hope you find the right support, and that you don't have to jump through rings of fire to get it. No child should be so distraught at school - it should be considered a safe, controlled environment, especially at the elementary level!

 

[KirstenB]

Our older dd went to k and 1st grade with a little boy who had "rage issues". This was a regular class, not special ed. His learning ability was right on grade level track etc. He would fly into a rage at with seemingly no provocation. At first, they would pull him out of class and have him talk to a counselor, or the school psychologist. (there maybe was more help there, I was a volunteer in the classroom a couple of times a week, so what I saw was limited).

Late in the k year, they would call his mom and ask her to come get him. Our dd was really frightened of him. He'd tip over desks, sweep things off desks etc. Finally, in first grade, he had probably the best teacher in the school. She was in her 29th yr of teaching and was adored throughout the community. I was subbing next door one day, and she suddenly appeared at the door and asked if her class could join mine. This poor kid was in a rage, and she was afraid someone would get hurt.

That year, they did place him at another school in the county, in a classroom with a teacher who specialized in kids with that type of issue.

OP you sound like you understand both sides. I can hear empathy for the teacher in your posts.

Finally, my long-winded story does have a happy ending. Our older dd just started middle school, so 3 elementary schools are merged. She recognized the boy in her science class. She was afraid to embarrass him, so she didn't immediately go up to him. After a few days, he said, aren't you Andi? I remember you from 1st grade? She said he seems to have outgrown whatever was going on, and she was glad to say hi.

Anyway, I know you have bigger issues, but on a practical level, is there a policy where you can leave a few tablets of his medicine with the school nurse? I know sometimes things are hectic, and maybe this would be a backup?

 

[locolala]

Jenny, I would also recommend you get in touch with a NF support group. I have NF, and I've been fairly lucky with the behavioral/learning side of things, but my brother isn't so lucky. I also have two cousins who have it, and they're fairly seriously affected by the NF. My one cousin is 13 and act like he's about 7. Anyhow, the NF group might give you some more insight on how to deal with the various behavioral problems that go along with NF. Many hugs.. pm me if you need to!

 

[bookwormde]

Locolala,

Great idea on the support group (I had no idea that this condition was common enough to have local support groups). Thank you for the information.


Schmeck,

No a chair is not a weapon under the law (it is specifically defined)

“I agree that the teacher didn't phrase the situation correctly, if that was all she said (or all you heard). If she said "he's tossing furniture around and we can't get him to calm down, and it's a threat to the staff and students, bring his meds or he has to go home" then that's totally different.”

This is still the same violation of IDEA regulations.

The proper way for the teacher to express this is that the child’s actions are unsafe and the child cannot continue in class until we can develop a way to make the environment safe. I am calling an IEP meeting to see if we can improve our understanding of your child’s needs and the supports both educationally and clinically that will allow him to receive an appropriate education.

As for the police and fire department removing a first grader from school for even these behavior issues I know in my area they are will enough trained to know that unless a weapon is involved or there is significant physical injury on expressed continuing intent to hurt someone it is just not going to happen (and should not). The school is supposed to have procedures in place to handle these situations and unless it “came out of the blue” should have had the supports in place so that it would never have happened in the first place.

bookwormde

 

[BeckyScott]

I am wondering, since this has sort of been brought up but the OP didn't mention it (wasn't told)... if the problems started spontaneously that day, or if there was a lead-up to it that they ignored.

That would also really make a difference as far as a behavior plan.

She did mention 3 evaluators in the room. Were they doing testing, somehow? Were they "bugging" him and he got upset? Did he have something upset him first thing in the morning, and instead of dealing with it, the school thought to just sit him in the corner (or whatever the regular protocol is) instead of doing the appropriate thing for him?

That's what your behavior plan is for. (which by the way, should go to the school special ed coordinator, if you don't know who that is, take the letter to the office) Many of the mainstream discipline approaches don't work on our kids. Our schools use BIST, and it misses the point with youngest DS completely.

You do need to have a big sit-down with them. When they tell you they want to shorten his day find out exactly what happened. And find out their exact discipline policy-- probably when you hear it explained, it will be perfectly obvious to you that it isn't right for him. What happens at that point will kinda depend on the resources of your school district.

 

[Mickey'snewestfan]

I can see two sides of this.

On one hand, what she said is unacceptable. The way she phrased it is unacceptable.

On the other hand, as an administrator who has made the difficult decision to suspend children, including children with disabilities, I make that decision based on 3 things:

1) Will suspension be a consequence that is a meaningful deterrent to this child (with a child this young the answer is almost always no).

2) Will suspension motivate the parents to change their role in this. (e.g. if I have a child who is coming to school exhausted and acting out because parents can't be bothered to put him to bed, or a child who desperately needs services but whose parents have failed to show up to every meeting to make a plan to evaluate him, etc . . . then I'm more likely to suspend in hopes that the parents will be inconvenienced enough to change their own behavior.).

3) Is suspension necessary to ensure the immediate safety of this child and/or classmates, and buy us time to make a plan to ensure their future safety?

The last question is the one that I think applies. If I write a behavior plan that works, but that's dependent on a child exhibiting skills such as impulse control or listening to directions, or reading a schedule, and suddenly the child is in my classroom without the medication, or hearing aides or glasses that they need to be able to do those things, and as a result the behavior plan isn't working and children's safety is being jeopardized, then I either need to fix the lack of skill or I need to come up with a new plan. And sometimes I might need a child removed from the environment for a few hours while I do that. I can't require a parent to provide medication, or a hearing aide, or glasses for their child, but if behavior is "suspension worthy" I can ask them to take their child home long enough for me to write a new plan that doesn't assume skills the child doesn't currently have.

On the other hand, if I decide to suspend a child, in order to buy this time, and I call the parent and inform them of my decision and the parent says "Oh my goodness, I forgot his meds this morning! I'm so sorry!" I might say "if you're able to bring them to school and wait to make sure they take effect, then I can waive the suspension". After all, in that case the immediate safety concern would be taken care of, and the need to make a new plan would be eliminated. Although the tone of voice in which I'd say that would be entirely different, the message would be the same: "Bring his meds or he goes home."

I hope I'm making sense here. I realize this is a very fine line, and I'm not making excuses for what sounds like very unprofessional behavior on the part of the teacher, just adding another perspective.

 

[Schmeck]

As for the police and fire department removing a first grader from school for even these behavior issues I know in my area they are will enough trained to know that unless a weapon is involved or there is significant physical injury on expressed continuing intent to hurt someone it is just not going to happen (and should not). The school is supposed to have procedures in place to handle these situations and unless it “came out of the blue” should have had the supports in place so that it would never have happened in the first place.

bookwormde

So, you are saying a child should be allowed to throw things and scream all day, be out of control, and that others should be put in harm's way to accommodate the family? That's not the policy in our district, thank goodness. Our first responsibility is to be sure the learning environment is a safe one - anyone out of control gets shown the door, with police and EMT escort. Violence of any kind is not tolerated.

And for those of you who think a first grader can't do much damage - I beg to differ. I've been gouged, bitten, scratched, and kicked. Some first graders in our district weigh 70 lbs or more!

 

[Mickey'snewestfan]

So, you are saying a child should be allowed to throw things and scream all day, be out of control, and that others should be put in harm's way to accommodate the family? That's not the policy in our district, thank goodness. Our first responsibility is to be sure the learning environment is a safe one - anyone out of control gets shown the door, with police and EMT escort. Violence of any kind is not tolerated.

And for those of you who think a first grader can't do much damage - I beg to differ. I've been gouged, bitten, scratched, and kicked. Some first graders in our district weigh 70 lbs or more!

No, teachers should be given the training and skills to deal safely with children with challenging behaviors, and access to trained professionals who know how to design and implement programs to help children learn appropriate behaviors. They should do this not to "accomodate parents" but because we as a society have a responsibility to educate children, ALL children including those with disabilities. As educators that's our job.

I've been teaching for 17 years, my specialty is young children (3-8 year olds) for whom self-regulation and behavioral difficulties are a component of their disability. I've worked in setting where I had 6 students in my class, and in settings like the one I'm in now where I have 450 children that I work with. In all those years I've never seen a child "throw things and scream all day". I've seen children lose control and regain control with the help of skilled compassionate professionals, and learn through the process so that the next time it becomes easier for them to regain control. On a few (OK 2) occasions I've been part of a team who made the decision that this particular child would be best served by a visit to the emergency room, but never with the cavalier attitude you seem to have.

Working with children to help them learn acceptable behavior, and taking the time to do it right isn't "tolerating violence". Allowing children to be ostracized and not form relationships with adults because they're excluded from the community when they show they need help, can be a contributing factor in school shootings and other serious episodes of violence.

 

[LauraAnn630]

My niece has autism. Any time she gets out of hand they call my sister to come get her.

Its terrible. I thought they were trained to handle children with disabilities.
It seems like all they do is call the parents to come and get there kids.

 

[bookwormde]

Mickey’snewwestfan,

Your approach is perfect and in the best interest of the child and in keeping with IDEA protections. Thanks for giving such a great set of examples. Oh by the way, how do we clone you? Thanks for all your time and effort on our children’s behalf.

Schmeck,

If the violence is a result of a manifestation (which is required to formally be evaluated) then it is a failing of the IEP and by extension the team that put it together and the school that administers it. After stabilizing the situation the second thing an educator should do is to adapt the IEP (often if it is not an isolated situation by calling an IEP meeting, which actually has to be done anyway for a suspension and manifestation determination). Is your school doing this since it sound like you have many more serious issues than would be expected in a program that following any reasonable standards. And yes even 1st graders can do damage but it sound like your school lacks the training and procedures to properly handle the situation. I know that most police, EMS and DAs who had a school that was calling them regularly for situations which involved the manifestation of a disability, would be calling the governing organization to see if neglect or abuse or just plain failure in competency do their job was the reason and would make sure that proper administrative procedure were put in place to overhaul the organization. I know as an emergency manager I would not put up with a situation like this for very long and neither would the police that we work with.

LauraAnn630,

There are times when it is in the best interest of the child to change environments to reduce anxiety and allow for decompression, and most commonly that is with a supportive and knowledgeable parent. This does not alleviate the schools responsibility to evaluate the situation and make modification to see that it is not a regular occurrence. IF it is a regularly occurring situation then the school is failing in their responsibilities.


bookwormde