Day 18 of Nik’s being mildly to moderately ill with…something or other. First it was the upper respiratory gunk that required resuming his nebulizer treatments daily. Then, as the worst of that was clearing up, up popped another ear infection and a round of antibiotics. We were blessed with a whole two days in which Nik had no fever and only a slightly runny nose before yesterday’s, um, explosion of new symptoms. Let’s just say it hasn’t exactly been a bed of roses around here the past 48 hours.
Nik’s worst symptoms are gone now, thank goodness, but he has had this lingering low-grade fever that waxes and wanes; it has been the one constant over the past two and a half weeks. I’m getting a little worried about this one. It seems so early in the season for Nik to be catching every last little bug so, of course, I fear something awful. I’m sure it’s nothing terrible but my mind cannot rest until I know for sure. It plays into all my worst fears about his immune system.
Nik’s been mostly himself lately but he’s been sleeping more –particularly napping longer than he has ever done. Yesterday I had to wake him after three hours; he still slept ten hours overnight! He has been in a cheery, sing-songy mood most of the day; we even went to the park this morning just to get out of the house. We weren’t there for very long when Nik took my hand and walked me to the car. He’s been a little more subdued –meaning he’s not racing back and forth across the room every ten seconds and laughing hysterically. He’s enough “himself” that most people wouldn’t notice anything but NOT enough of his normal self that Niksdad and I are concerned.
We see the pediatrician tomorrow afternoon; I’m sure Nik will have no fever and be perfectly normal as far as they are concerned. Fortunately, I know the doctor doesn’t think we are over reactive hypochondriacs and she usually takes our concerns pretty seriously. Something tells me there’s more blood work in Nik’s near future.
In other news, I had a long conversation with the paralegal from Legal Aid yesterday afternoon. She is going to discuss our issues with the lawyer and determine what our options may be. She indicated that, based on the things I told her (and I didn’t even touch on everything!), it sounds like there’s an awful lot school is doing that is not quite on the up and up. Basically, though, they (Legal Aid) are going to help us find the answer to the question of how we get Nik’s services if we keep him out of school. I should have some concrete answers later this week.
Meanwhile, I got a very formal email from the case manager at school today; she is arranging an IEP meeting for us to “review the educational services for which Nikolas will no longer have access.” I was going to email back that I would let her know of the date and time were convenient for us after I heard back from our legal counsel; but I didn’t want to make her crap in her pants. Sorry, crass of me to say such a thing. The situation with school just makes me so angry. In fact, after talking with the paralegal yesterday I was even angrier when she told me that she really thought we had a potentially strong case if we decided to pursue options with school.
Here are a few lessons learned from yesterday’s conversation with Legal Aid:
NEVER NEVER NEVER sign anything you don’t agree with or that you are told you may not have a copy of the entire document to take with you –no matter what! If they threaten that your child’s prior IEP will not be in effect because it’s expired –they are wrong. You can amend it to state that it shall remain in effect for 30 days (while you work out the new IEP). You can even write that right on the IEP! In fact, you can go through item by item and indicate whether you agree with it or not. Yes, you can write on the IEP –ANYWHERE YOU WANT. They’ll tell you you can’t’; they’re wrong and hoping you won’t know it.
And those standard lines schools usually put in the IEP about “X number of sessions, a minimum of Y minutes, in a group, consultative, or individual setting” –also crap. It violates the intent of IDEA/IDEA 2004 which is that students receive the necessary services in a regular and timely fashion. The way Nik’s school words it leaves too much leeway for them to “consult” with staff as many times as they want and it could all be put toward that “X” amount. According to the paralegal, they are supposed to indicate a specific number and frequency of services in each area –for example “15 individual sessions, a minimum of 15 minutes each, no less than once every month.”
The way Nik’s IEP is written also leaves open the possibility that school could wait until the last month of school and provide services on a daily basis to “make it up.” While this may seem highly unlikely, it could happen; to date, Nik’s school still has no speech therapist to replace the one that left a month ago. The principal refused to provide compensatory speech services for Nik (meaning the district pays for him to go somewhere else until they have someone on staff) based on the argument that once they hire someone they could “make it up.” Definitely not in keeping with the spirit of the law.
And those outside evaluations which indicate your child needs significantly more than school is providing? You aren’t required to request in writing that they be made part of the IEP. Your giving them to the school implies said request. They need to tell you in writing why they aren’t changing the IEP to include the increased services.
Record meetings –and you don’t have to tell them until you show up with a tape recorder. Oh, and the notes the case manager (or whomever) takes during the meeting? You can ask that those be made part of the IEP, too. Uh-huh.
So, if we do have to scrap it out with school –it’s going to be a whole new game!
No matter how things go, though, you know what really chaps my hide? The fact that not one single person at school has bothered to call us to find out what they could do to make things right. The devotion they espoused, the love and concern for Nikolas? All crap. Lip service. What makes me sad for the other kids at school is that the staff doesn’t even have a clue that they are doing something significantly out of integrity with the intent of the laws.
Maybe I have a fever…I’m ranting now. Sigh…