EMERGENCY INJUCTIVE??

[dcourtney2006]

THOUGHTS?......
1. It is joint custody and joint responsibility.
2. The school is public and he has been there since k-6th grade.
3. The NJ quit her $54k a year job to limit my after school care I provide. That was against the Order and I alredy filed CONTEMPT on that. I told her Thursday since I do not see our son that day and she won't do it.
4. Yes I have a copy of the IEP and yes I did participate. I did refuse to sign the IEP stating the NJ is making the diagnosis up. Even when the NJ was telling teh IEP staff, they all went, "why."

[dcourtney2006]

grgr.....

1. I tried making an appointment for Nemours Children Hospital. They do the eval plus did his last one in 2006. Which showed he was normal.

2. The NJ refuses to give me the Base ID that the son has so I can transport him onto the base. I have to get the referral for the eval from his Family Doctor which is on the Base. Hence....why NJ refuses to give me Base ID.

3. I took the son to a different psychiatrist and he said the kid was normal......He asked the same questions the NJ psychiatrist did. But the NJ told her psychiatrist about all the mumbo jumbo and she believed it. The NJ's psychiatrist did no evaluation at all. SHe just asked about 8 questions.

[chereeda]

So, wait, this is confusing...your child has an IEP based on the strength of one letter from a psychiatrist and mom's word? That just doesn't happen. Either the school system is screwed up beyond belief or something else is going on here. Schools only do an IEP because students have a intellectual special needs issue that is affecting their performance at school in an academic way or a social special needs issue that is affecting their performance at school in an academic way. they don't formulate IEPs based on a letter and mom's word. An IEP is a federal, legal document, they don't throw them at parents just to appease them.

Call the school psychologist and ask for a copy of the testing the school performed to qualify the kid for special ed. services. The school would have have performed this testing themselves or gotten testing from another school district if you transferred. What is your child's diagnosis on the IEP? It should be on the first page. In the end, it doesn't matter what mom and some letter said, if nothing was affecting his school work, then no IEP happens. They are only to deal with issues that affect academic work at school.

In my district the only kids that qualify for special diplomas are those that are so low functioning they have trouble carrying on a normal conversation. If your child is functioning on grade level academically and his social skills teacher says he's social and doing great (in comparison to same age peers), then something's really rotten here...

donna

[chereeda]

Find a lawyer who is well-versed in Special Ed. law, preferably someone who has sued your school district before, and go and lay all this in front of them...

donna

[dcourtney2006]

Chereeda..

1. I already confronted the school and they stated as long as the NJ has a letter from a licensed psychiatrist, that is all the school needs. Even though I told them the NJ doctor shopped until she found a psychiatrist that would write the letter.

2. Here is the big mind boggle...The son is GIFTED in all classes and in the top 1%-2% of his school. How can a boy be so GIFTED and then the NJ state he is so screwed up, he needs to spend less tome at the Father's home??

3. The NJ states autism, asperger's, motor tics, torrets, ADHD, OCD... The school, states he is above average in all subjects, DOES RECEIVE EXTRA TIME DURING TESTING, visits the social skills teacher twice a week for a total of 30 minutes. That teacher states he is outstanding in social skills.

[chereeda]

Consult a special ed. lawyer. Like I said, get one the district is afraid of because they've been sued by them before.

What does the letter from the psych. say? Can you subpoena testing (or the lack thereof) from that psych? In the end, it doesn't matter what the kid's been diagnosed with privately if the school is seeing no affects academically. If you feel ok about it, PM me the info about the diagnosis and I will ask our school psychologist if she's ever run into anything like this...

Also, why did they choose an IEP rather than a section 504 based on a psych.'s letter, no testing, and no academic affect? A 504 would also allow for extra testing time if that's the ex's want. A lot of parents try that to get an extra benefit (extended time on tests) for their child, we actually fight them off all the time...

donna

[dcourtney2006]

Chereeda...

1. I tried to use my Court Order stating joint on all matters and medical records, the psychiatrists office refused to copy me the medical records.

2. Here is what the school board and district assessment states:
a. does student have significant cognitive disability? answer..NO
b. does teh student participate in any curriculum based on Sunshine State Standards for academic areas.....answer NO
c. does the student require extensive directions and instructions in academic areas.....answer.....NO

So..he is gifted in all subjects and gets straight A's

[Trevor]

the school...stated as long as the NJ has a letter from a licensed psychiatrist, that is all the school needs.

Then get your own letter. Their brains will explode, but you have the rest of the school records that would corroborate the new letter. Get on it tomorrow.

[chereeda]

Do you have a copy of the eligibility report? This should have been done by the school district before an IEP could be written. There has to be a diagnosis and a "label" somewhere in the paper work. Are you saying they labeled him "gifted"? That would be cause for an IEP.

If my quick research is correct, the Sunshine state standards are simply the normal FL curriculum standards expected of every non IEP student, correct? And he doesn't participate in learning those? What you posted seems to state that he has no known cognitive issues and, despite this, does not participate in normal class curriculum. Those two things are in opposition to each other.


donna

[Thoughts?]

OK, we're sorta all over the place here.

Am trying to look at this from a neutral third party perspective (like the bench would).

She got a letter from a mental health professional, so the school has to accomodate the child with an IEP. The IEP sounds like the child is simply giving additional time for testing and perhaps a couple of other minor accomodations.

You don't have to take the child to the appointments she makes if you don't agree with the care. If you want to shore up your arguments, get another opin from another psychiatrist on your child.

Your ex is demanding you take the child to psych appointments on your time. You believe the child doesn't have any significant issues. You have some evidence of that.

Psychiatrists aren't required to give you all of their materials on their patient -- the child. They are however required to get your consent regarding further treatment. Your remedy there is to notify the doctor, in calm professional terms, that you disagree with the treatment, have received inssuficient information from them to believe otherwise, and you do not consent as a joint legal parent. If the doc takes it any further, you can go after them to ethics boards.

You haven't said anything yet about your ex taking any direct action that will harm the child -- as in psychotropic drugs or other meds. The above step will make the doc think twice or result in other remedies.

So -- again -- you don't have to take child to appointments, you should be able to shut down care, the IEP is pretty harmless, and unless I missed it saw nothing about treatments that are actually harmful.

What am I missing?