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That the schools have an affirmative action to provide appropriate intervention for children that need it. And I don't mean by calling the cops to put everything off on Momma!
What I mean is that if a child has an impairment interferes with their ability to participate with and benefit from the educational environment, the schools must address it with appropriate services.
Usually this happens through the IEP plan, for children who meet the specific qualification to be eligible for "special education services". Most people incorrectly think of special education services as something that *only* totally crippled and/or mentally impaired children receive, such as those with cerebral palsy, down syndrome, autism. The truth is that the spectrum of eligibility is well beyond that and indeed includes children with emotional disorders also, such as ADD or Aspergers Syndrome.
Indeed Federal Legislation specifically listed ADD as under the realm of special education protection IF the impact of it was severe enough to meet the qualifications for special education services. Before this, and sadly.. even now, Districts continue to tell parents that ADD isn't covered under special education services, leaving the children and families to flounder with un-addressed impairments often exacerbated by a class environment that ignores the often simple adaptations needed to address a child's specific disability.
Whenever I hear a parent say their kid has ADD and has spent substantial time in the office, I think to myself "this kid needs and most likely qualifies for S.E services". Why? Because, often these children suffer other continual nitpicking issues, due to their inattention, lack of control (or whatever it is) such as continual denial of recess...inability to participate in extra curricular activities such field-trips and dances, etc. If a child is having so many behavior issues as to continually suffer the heartaches listed above, they probably qualify for S.E.
In the cases of children with ADD/behavioral issues, most services take the form of counseling, specific structure for specific activities (notebook documentation help to keep track of homework,etc), group therapy, etc.
A short story (it's late, not much else to do LOL)... Last state I lived in, one of my new neighbors had a daughter with ADD. At least the mom thought the girl had ADD. The school suggested that she did too and in fact did testing that identified the girl as ADD.
This whole time she was getting in trouble in class. Mostly for lying and stealing. A 9 year old who compulsively lied and stole and was so clearly ADD.. well.. everyone knew but everyone kept putting it off on the mother. And the girl of course, she was *always* in trouble, *always* getting suspended for a day here, two days there, and often unable to participate in her classes activities such as the field-trips and end of the year parties.
In this situation the school had an affirmative obligation to identify and address this child's obvious issues that were interfering with her ability to benefit from her education. They avoided this by telling Mom that they didn't have to address it until the girl had an official diagnosis from a "medical" doctor. This despite the fact their own testing showed her highly ADD and unable to function in the normal school environment without better structure. Finally, due to my own experience with s.e issues and implementation, I was able to help mom walk through the hoops to then force the school to do the right thing. And it wasn't really that difficult. Once the school realized that *if* they mandated a doctors diagnosis *before* giving services, this made them obligated to facilitate the child seeing the necessary doctor, they coughed up the needed changes for the little girl and she started doing amazingly in school!
They had used the families ignorance of the system and their lack of resources (both mental and financial) to label the girl as simply a troublemaker when the truth was that she *needs* someone to check her backpack before she leaves class and she *needs* to have access to the school counselor to go to when something is building up inside.
My daughter, she has disabilities related to prematurity which for many years had been addressed without the need for S.E services. But then, as situations changed.. school dynamics changed (mostly going into the dynamic type higher grade atmosphere, quickly moving from class to class) her needs changed and she was suddenly unable to go to school without very specific accommodations. She has needs concerning her vision and also sensory integration issues that impact her ability to vibrantly function within a large and vibrant group. She can't just be thrown into normal type situations, such as a 300 kid graduation.. where kids are noisy, bustling around, semi unstructured.. without getting worried, anxious, confused and upset. REALLY upset like physically noticeably upset (without going into more details).
She obviously needs mental health intervention, no? And the District is obligated to provide it through her existing IEP, in the form of counseling and group therapy or whatever it is that the IEP team decides a specific child needs. In our case, we started out privately providing nearly all the services our girl needed (school in TOTAL denial she had *any* issues) including a full time aid to accompany her to school! Eventually, we were able to get the District to accept their obligation under state and federal law and they started offering services and accommodations that we had been providing privately. We went for some and rejected others, in which case we continued to provide the service privately.. such as with our daughters weekly counselor, she was already established with a great lady and we didn't like the school system offered chat doc so we just stuck with our own.
How privileged we are that our insurance has such good counseling coverage that we are able to get this for a cost of $12 per week. And how privileged we are that we have that $12 per week, there used to be a time in my past that $12 a week would be the difference between electricity or no electricty.
I used to have so much sympathy for school districts and their awful funding issues, and then I REALLY started getting into the nitty gritty and realizing that often Districts purposefully deny the very weakest of our children the most basic support, support needed before then can benefit from what is already being put into them. Support they do get federal funding to provide.
After realizing this propensity in addition to acknowledging all of the S.E dollars that the states regularly do not spend, having to return it to Federal Coffers, well... I am District sympathetic no longer and now consider myself an advocate for S.E children and families.
If your child or that of any other reader has an IEP or a 504 plan, or doesn't, and is struggling with real issues such as ADD, Aspergers (or hundred others) without proper assistance from your local school... feel free to drop me a pm. I love discussing s.e law :)
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