Principal trying to block circle time inclusion

[tweedlemom]

Hi! Getting frustrated here. DS6 was diagnosed with autism last Dec. He had been very defiant, aggressive, kicking, hitting, spitting on his regular education classroom teachers as well. He was placed in a self contained classroom, given a one on one aide and a behavioral consultant was brought in to set up a behavior mod system with him, as well to train his aide. He then started to blossom and is doing beautifully. This fall he was placed in a self contained k/1 classroom and is doing magnificently. He is with his regular ed peers for homeroom,lunch, recess and specials. His case manager, teachers, behavior consultant and us (parents) would like to now include him in his regular ed class for circle time, just 10 minutes, every day. Then gradually increase time in his regular ed class. LRE. Everyone agrees he can handle this. We agreed on in at his IEP meeting on Wed. The case manager forgot to write it in, we didn't catch it, but she will add it in his IEP this Wed. for me to sign. PROBLEM? The principal. She wants to refuse my son any more time with is regular ed class. She was not at the meeting and barely knows my son. She knew he had behavioral issues last year, but has not seen him since. She says she will not allow him anymore time with is regular ed class. DOES SHE HAVE ANY LEGAL RIGHT TO DO THIS? I don't want to go to mediation, but I will if I have to...

 

[Eeyores Butterfly]

I can understand her concerns. I am currently teaching special ed half days and we have a coupld of students in my class with behavioral problems including hitting and spitting. It's very tough for us to walk the line of what is best for these children in terms of inclusion while still keeping the other kids safe from these behaviors. If she has not seen your son or have any reason to know that his behaviors have changed, she has every right to be concerned.

However, it is her responsibility and duty to be aware of what is going on with your son. Clearly your special ed program is working for your son since it sounds like he has been able to curb a lot of the negative behaviors. For her to deny it when the entire team is in agreement is unacceptable. It is time to remind her of your rights under due process and find yourself an advocate. Sad to say, but you may end up having to threaten a lawsuit to get her to abide by the IEP.

Before it gets to that, ask her to observe your son in the classroom, offer to sit down with her and go over the most recent eval report. Despite the fact you're probably madder than all get out, try to at least be patient and calm. You don't want to set yourself up as her enemy unless you absolutely have to, otherwise you will find her opposing you every step of the way just to spite you.

 

[bookwormde]

Once it is specified in his IEP she must do it unless she can demonstrate a current pattern of behavior, which is a significant safety issue.

It is actually the responsibility of the IEP team to make sure that the IEP is being followed, so call an IEP meeting and review the situation. Once the IEP team has determined that the school is not following the IEP then the IEP team should advise the principle that she is in violation of IDEA and that if she does not comply that the formal complaint process will be the next step.

If the IEP team is not willing to do this as a group then you may have to file on your own. Be sure to get it in the IEP minutes that the principle is not complying with the IEP.

bookwormde

 

[tweedlemom]

My case manager is trying her best; she is a great advocate. The principal told her she will not allow it. Kind of threatened my CM and disrespected her. The behavioral consultant has been graphing my sons behaviors since January and the differences are amazing! The principal is more than aware that his behaviors have changed; she has copies of all the graphs. Our district is without a permanent head of Special Services right now--another principal of another school in the district is acting as head; she has been somewhat cooperative. I do not know what my son's principal is thinking, but she outright refuses even one more bit of inclusion time.

Would anyone know exactly what part of IDEA she is in violation of? I would really appreciate the info. Thanks for the feedback so far.

 

[bookwormde]

The principal is in violation of the least restrictive environment provisions (LRE) since the team has determined that your child can have this specific portion (circle time) of his needs for an appropriate education met in the general education environment and the principal is blocking this.

If another IEP meeting dies not “fix” things then you should call your state DOE and ask for the IDEA compliance individual (officer) and explain the situation and ask if they can help or if you need to request a formal interpretation ruling from the Federal DOE. This usually gets things moving along.

bookwormde

 

[tweedlemom]

Thank you so much. I will keep you posted.

 

[Luv Bunnies]

Is the prinicipal officially part of your son's IEP team? If she's not, then she can't deny anything written into the IEP by the team. I was wondering of an aide from the special ed classroom will be going to circletime with your son in the other room? This might be a good idea, at least at first, for you son and might make the principal back off. If someone was there to monitor his behavior and give him reminders, if needed, I don't see how the principal could object. Also, does this provision have a time-limit? It might make sense to put it on a 30-day trial period and have the team evaluate how it's working.

Again, if the IEP team signed-off on the circletime, then the principal can't block it. But if a trial period and an aide make her back-off, it might be worth trying. Good luck. It sounds like your son will do just fine!

 

[tweedlemom]

He has a one on one aide, so it just doesn't make sense. She is not part of the team. She is just against the decision and says she will refuse to let it happen.

 

[BeckyScott]

Before you call a lawyer... find the free state advocacy group and ask for their help. Not sure who it is in your state, but every state has one. And call for a meeting with the IEP team, along with the advocate and the principal. And bring a tape recorder. Try that first.

 

[SueM in MN]

Before you call a lawyer... find the free state advocacy group and ask for their help. Not sure who it is in your state, but every state has one. And call for a meeting with the IEP team, along with the advocate and the principal. And bring a tape recorder. Try that first.

check this website:
www.pacer.org

The PACER Center is based in Minnesota, but it is a federal resource. They do have lists and links of the advocacy groups for each state.
We used PACER several times over the years and they were quite helpful.

 

[tweedlemom]

UPDATE!!!
My son's case manager had a chat with the principal AGAIN regarding LRE. Her tune has now changed. I received a letter today, with all of his teachers, the case mananger and the interim director of special services copied on it, saying that my son WILL start circle time with his regular ed homeroom at the end of the first marking period. Papers to be prepped and ready to be signed at the CST meeting in Nov. At that time, we will also map out his future inclusion plans for the rest of the year. I am very happy. I look forward to the meeting and I will certainly tape record it! Thanks for everyone's advice!

 

[bookwormde]

It is great that you made such quick progress, using the “right” terminology often lets the system know that you are serious.

bookwormde