For 432 new kindergartners in the Lemon Grove School District this fall, a world of learning opens Sept. 6 with their unforgettable first day of school.
In one case, the excitement and emotions of that milestone could be overshadowed by unresolved issues stemming from a mother’s dedication to achieving the best for her special-needs son, and the harsh realities of public-school budgets at a time of painful cutbacks.
Robin Driver’s son, Josiah, has been diagnosed with autism and Neuro-Immune Dysfunction Syndrome, which affect his cognitive and bodily functions. Driver said Josiah, who turns 6 in September, can succeed at Lemon Grove’s San Altos Elementary with support from a specially trained aide providing him with one-on-one assistance.
Driver said state policy and law, which call for special-education students to be taught in the same classrooms as others wherever possible, affirm her right to the support. But after a half-dozen meetings on the matter since June, Driver said the district is planning to assign a generalized aide to her son’s classroom, someone who she believes may not be qualified to deal with his special needs.
“Without the support, he will not be able to succeed in general ed,” Driver said.
Gina Potter, district assistant superintendent for business services, said she can’t discuss the Driver case because of confidentiality issues.
Driver said district officials have told her there are budget considerations to her request for specialized support, and that it’s within their discretion to decide what kind of aide to assign to Josiah’s class.
The district is faced with drastic reductions this school year—its operating budget for 2011-12 is $3.9 million less than the previous year, requiring extensive cuts in its clerical staff.
At first, Driver said the district wanted to put Josiah in a special-education class, with other special-needs kids. She adamantly resisted that idea and just recently succeeded in having her son placed in a mainstream class.
In his final year of preschool with a general-population class of about 24, Driver said Josiah made huge strides—an outcome she attributes to the kind of specialized behavioral support, provided at the district’s expense, that she wants continued in kindergarten.
In Josiah’s case, that meant dealing with a child who sometimes hit or pinched himself and suffered severe gastrointestinal problems.
“They understand how to deal with the behaviors and how to modify things on the spot,” Driver said of the specialized behavioral support aides. Sometimes an aide might need to work right alongside Josiah; other times it would be more appropriate to pull back a bit so he could be a little more independent.
Driver has hired an attorney to help her press her case with the district; school administrators have proposed at least one more meeting to try to resolve their differences.
The law states schools are to provide a Free Appropriate Public Education to fit the childs individual and unique needs. For this child, it seems that his unique needs have been met through this specialized support. Shame on Lemon Grove School District for ignoring this childs individual needs.
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following components required by IDEA regulations at 34 CFR § 300.503(b) Content of notice. The notice required under paragraph (a) of this section must include – (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of any other options that the agency considered and the reasons why those options were rejected; (4) A description of each evaluation procedure, test, record, or report the agency used as basis for the proposed or refused action; (5) A description of any other factors that are relevant to the agency’s proposal or refusal; (6) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice in not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and (7) Sources for parents to contact to obtain assistance in understanding the provisions of this part.
SHAME SHAME SHAME. We will remember how our children are treated next election!!!
Keep fighting the good fight, Robin. Maybe some of these school districts will do away with six figure salaries for their superintendents...and petition to repeal the monumental failure that is No Child Left Behind. I'm sure that would keep the coffers filled a little more. :)
http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html Within Section 504: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, BE DENIED BENEFITS OF, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . .” "An appropriate education will include...education services designed to meet the individual education needs of students with disabilities AS ADEQUATELY AS the needs of nondisabled students are met...The quality of education services provided to students with disabilities must equal the quality of services provided to nondisabled students.... Teachers of students with disabilities MUST BE TRAINED in the instruction of individuals with disabilities. Facilities must be comparable, and appropriate materials and equipment must be available...."
I too am having difficulties with this same District. Lemon Grove School District does not support inclusion efforts, and does go out of the way to make things hard for parents seeking basic education rights to their children. A lot of tears, frustration, and money has been a result of their refusal to support our kids adequately. We need to get our stories out to expose how Lemon grove see's money first, and the child last. I would like to welcome all moms and/or dads that are having the same problem with the Lemon Grove School District to come together and raise our voices.